There are a number of independent oversight bodies in Lesotho that have been established
to receive and investigate complaints against the police, including the Public Complaints
Authority (PCA) and the Office of the Ombudsman.
None of the statutory independent oversight bodies interviewed reported on cases or statistics related to complaints against the police.
The Ombudsman annual reports do not provide statistics on the total number of complaints received against the police. The analysis of the reports available only reveals inspection of police cells and a few cases against public institutions. There were no statistics indicating the disciplinary, criminal or civil claims and complaints against the police or the outcome of any
investigations in this regard.
Indicator: Police are properly trained to deal with diversity
The analysis of the training prospectus which outlines the training course content provided to new recruits indicates that new recruits do not receive specialised diversity training.
Police officials may only use force when strictly necessary and to the extent required for the performance of their duties and adhering to national legislation and practice.
Indicator: Legislation, policy and practice support the principles of proportionate minimum use of force
Section 5 of the Constitution enshrines the right to life, but provides that the death of a person
may not constitute a violation of that right in certain circumstances. This includes the use of force to such as extent as is necessary in the circumstances in the case of:
The defence of any person from violence or for the defence of property;
• Effecting a lawful arrest or to prevent the escape of a person lawfully detained;
• Suppressing a riot, insurrection or mutiny; or
• Preventing the commission by that person of a criminal offence.
The police service in any country is usually permitted to use force in the execution of their functions, and is most likely to be the body responsible for most of the actions outlined above.
These provisions are widely framed, and allow for the use of lethal force in respect of any ‘violence’, defence of property or the commission of a criminal offence, regardless of the seriousness of the criminal offence or violence perpetrated by the deceased person. On the other hand, the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials require the police to exercise restraint and use force ‘only in proportion to the seriousness of the offence, and the legitimate object to be achieved’.
The police must also minimise damage and
injury, and must take steps to preserve life.91 The LMPS has also adopted the United Nations
Code of Conduct for Law Enforcement.92 Article 3 stipulates that ‘law enforcement officials
may use force only when strictly necessary and to the extent required for the performance of
their duties’.93 The Criminal Procedure and Evidence Act, no. 9 of 1981 regulates the use of force, and
makes provision for its use in the case of a person suspected of committing a serious crime.
Section 42(1) outlines circumstances under which use of lethal force can be used during arrests.
The Act provides that:
When any peace officer or private person authorised or required under this Act
to arrest or assist in arresting any person who has committed or is on reasonable
grounds suspected of having committed any of the offences mentioned in Part II
of the First Schedule, attempt to make the arrest, and the person whose arrest is so
attempted flees or resists and cannot be apprehended and prevented from escaping
by other means than the peace officer or private person killing the person so
fleeing or resisting, such killing shall be deemed justifiable homicide.