Guidance

Information pack for British nationals arrested or detained in Lesotho

Updated 24 July 2023

Chapter 1: Key points

Overview

If you are a British national, and are arrested or detained in Lesotho, consular staff will do what they can to help you. However, we cannot interfere with the local justice system, get you out of jail, or pay for services such as a lawyer. Information about who we can help, including the circumstances in which we can assist dual nationals, is available at: Support for British nationals abroad. You can also request a paper copy from consular staff.

This information pack aims to give you, and your family and friends, information about the local system in Lesotho and who can help. Consular staff can provide a printed copy to those in prison or in custody. We welcome feedback to help us improve the information we can provide to others.

Contacting us

If you are arrested or detained in another country:

• the authorities should ask whether you want them to contact the British high commission or consulate (and must do so if you want them to)
• if they do not ask, you can make the request yourself. You should do this if you are charged with a serious offence or need any kind of assistance
• friends or family can also contact the local British high commission or the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000

In some countries, the authorities might notify the British embassy, high commission or consulate even if you do not want anyone to know that you have been arrested. This is because there may be an agreement in place with the British government which requires a mandatory notification to be made.

Who we are

Consular staff work in the FCDO in the UK, and in British embassies, high commissions and consulates overseas.

Consular assistance for British nationals in Lesotho is provided by the British High Commission Pretoria in South Africa.

You can contact us:

• over the phone, by calling +27 (0)12 421 7500

• online using our website

You can also write to us at:

British High Commission Pretoria
255 Hill Street
Arcadia
Pretoria
Gauteng
0002
South Africa

Please note that access to the consular section is by appointment only. If you need consular assistance, you should telephone us before visiting our office.

You can also contact us by phone 24/7 for help or advice from anywhere in the world by calling the FCDO on +44 (0) 20 7008 5000.

What we can do

The FCDO can offer you impartial and non-judgemental help. When we are notified of your arrest or detention, we will aim to contact you as soon as possible, so that we can assess how we can help you. We then aim to provide assistance according to your individual circumstances and local conditions. Our priority is to provide assistance to those British nationals overseas that need our help the most.

In Lesotho, notification by the authorities to the high commission normally takes place within 48 hours after the arrest.

We can also:

• provide a list of local English-speaking lawyers
• provide general information about the country, detention conditions, and the local legal system (including if legal aid is available)
• provide general information about the local prison or remand system, including visiting arrangements, mail and censorship, privileges, and welfare services
• keep in regular contact with you, either by visiting or by telephone/letter. The frequency of contact will depend on local conditions and your personal circumstances
• tell the police or prison doctor, with your permission, about any medical or dental problems including medication
• put you, or your family, in touch with a prisoners’ welfare charity called Prisoners Abroad
• in some circumstances we may be able to help take up complaints with the police or prison authorities about ill treatment, personal safety, or discrimination, if you are not treated in line with internationally recognised standards
• help to transfer money to you from your friends or family. In places where phone or postal services are not available we can also try to pass on messages and deliver letters to the prison (but generally we cannot arrange for delivery directly to you)
• in some circumstances we may be able to help you apply for a transfer to a prison in the UK

What we cannot do

• Get you out of prison or detention

• Help you get special treatment because you are British

• Offer legal advice, start legal proceedings or investigate a crime

• Pay for any costs because you have been arrested

• Forward you packages sent by friends or family

• Prevent authorities from deporting you after release

First steps

Informing family members

If you want us to, we can tell your family or friends that you have been detained and provide them with information about how to contact you. With your consent, we can also keep them updated on your wellbeing.

If you are not sure about informing your family, we can help you consider what the impact of not doing so might be. For example, it may cause them distress if they do not know where you are, or cannot contact you. It can also be a disadvantage to you if you need someone to send you money or act on your behalf while you are detained.

Informing the UK police

If you are accused of certain serious offences, such as sexual assault or drugs trafficking, we are obliged to share information about your arrest with UK police. Information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer. There may be other circumstances when information about you may need to be shared with authorities in Lesotho.

Legal assistance: lawyers

We cannot give legal advice, start legal proceedings, or investigate a crime. However, we can provide information about the local legal system, including whether a legal aid scheme is available. We can also give you a list of local English-speaking lawyers. You should consider the benefits of local legal representation and discuss all the costs beforehand with the legal representative. We cannot pay your legal or interpretation costs in any circumstance.

Consular assistance: fair treatment

We cannot get you out of prison or detention, or get you special treatment because you are British. If you are not treated in line with internationally accepted standards, we will consider whether to approach the local authorities. This may include if your trial does not follow internationally recognised standards or is unreasonably delayed compared to local cases.

Other organisations that can provide assistance

We can put you, or your family, in touch with Prisoners Abroad, a UK charity which supports British citizens detained overseas and their families.

Chapter 2: Detention conditions in Lesotho

Visits: friends and family

Who can visit and how to arrange visits

You should consult FCDO travel advice before you travel to Lesotho for the latest information on safety and security, entry requirements and travel warnings.

Local authorities have told us that, for all prisons in Lesotho:

• Family, friends and legal representatives are allowed to visit prisoners awaiting trial any day of the week from 08h00 to 15h00

• For convicted prisoners, visits normally take place at weekends and public holidays during the same time window

• There are no restrictions to the number of visits. The number of visitors is determined by the available space in the designated visiting area

What to expect when you visit

Visitors need to bring photographic identification (e.g., passport or driving license) for security reasons. Weapons, mobile phones or drugs are not allowed when visiting prisoners in Lesotho and visitors should expect to be searched on arrival at the prison.

Visits takes place at a designated visiting area, which will differ from prison to prison. In some prisons, there is a barrier between prisoners and visitors, whereas in others only distance is maintained.

Authorities told us that visits last 15 minutes on average but longer visits can be arranged with prison authorities. Visits are monitored by officers except for those by legal representatives, which are conducted in private.

What you can take on your visit

Visitors are allowed to bring in toiletries and food items. Prisoners do not keep money and there is nowhere to purchase toiletries or food in the prison.

Visits: consular staff

Consular officers are allowed to visit at any time during visiting hours by making prior arrangements with the Commissioner of Correctional Services. Prisoners will be notified of the intended visit by the consular officer.

We visit serving prisoners at a schedule determined by your particular circumstances. If you want to speak to us urgently, it may be quicker to ask prison authorities or your lawyer to contact us on your behalf.

You can write to us at any time on matters that concern you – but if it is urgent it may be quicker to ask prison authorities to contact us on your behalf.

Emergency trips outside of prison

Temporary release may be granted to allow a prisoner to attend the funeral of a relative. Prisoners should apply directly to the prison authorities if they need to attend a funeral.

Police custody and initial arrival at prison

Arriving at the police station: your basic rights

The Lesotho authorities have told us that the reason for your arrest should be explained in English. You can request to see a legal representative before making a statement or answering a question.

Prisoners normally appear in court within 48 hours of arrest. During this time they are held in a cell at the police station until their court appearance. Once they have appeared in court, they may be: released, fined or committed to prison, depending on the seriousness of the charges.

If prisoners require urgent medical attention the police officers will make sure they see a doctor. It is important that you inform the arresting officer of any existing medical condition so that medication is secured for you through your family or friends.

Prisoners are allowed to make one phone call to inform someone they have been arrested and can authorise the police officers to give their personal belongings to their next of kin, family or friends.

Appearing at court

We’ve been advised that prisoners are brought before court for remand within 48 hours of arrest. At court, the magistrate will read the charges to the accused and inform them of their rights, including right to legal representation.

For those who do not speak or understand English, an interpreter is provided

Read more information about the Lesotho judicial system.

Initial arrival at the prison

On arrival at prison, you will be registered and allocated to a cell. You will hand over all your possessions, including clothes and money to prison authorities and be issued with a prison uniform.

Your personal belongings can be recorded in a record book and looked after by the prison authorities, or you can authorise for it to be given to next of kin, family or friends.

You will be advised of prison regulations and procedures and the penalties for breaking the rules. You will receive a medical examination from the prison medical staff before being taken to your cell. Toiletries are provided by the prison authorities.

Prison: conditions and daily life

Prison conditions in Lesotho are harsh and overcrowding can occur. They generally lack bedding, lighting and proper ventilation.

Accommodation

Sentenced prisoners and those on remand are held separately. There are communal and single cells, which differ in their capacity. Prisoners are provided with blankets. Toilet, wash basin and showers are located outside of the cells. There is natural light in cells.

Food and diet

Prisoners are provided three meals per day, starch based with some protein. Portions are not calculated on calorie base. Special diets are available only for health reasons but not for religious reasons since most prisoners are Christians.

Prison food can be supplemented by that brought by visitors, as there are no shops in prison to buy food. Drinking water is available.

Hygiene

Prisoners take daily showers in communal facilities. Showers and toilets are in good state. Toiletries are provided by prison authorities. There are no prison shops in Lesotho prisons.

Work and study

Prisoners work in teams as part of their rehabilitation. They work an average 6 hours during the week, and they don’t get paid for the work.

Education is part of rehabilitation, and it is taught in English. Postal studies are allowed, and prisoners can study for qualifications. However, study tools can be provided by relatives and donor agencies, including Prisoners Abroad.

Contact and languages

Prisoners are always in contact with each other. There are very few cases of inmates who only speak English. Guards mostly speak Sesotho except when they speak with foreign inmates. Language classes are not provided.

Prisoners have no access to a telephone, if they want to use a phone, they should speak to prison authorities who will make the call on their behalf.

Writing materials are provided by prison authorities. There is no internet access or library in prison. Prisoners are allowed to order books/ magazines/ newspapers from outside, but these must be funded by family or friends.

Television sets are only available at some facilities. Local authorities have told us that cultural and social activities form part of rehabilitation at every prison.

There is the possibility to request local language materials through the post from Prisoners Abroad (including language textbooks and dictionaries).

Exercise

Prisoners spend the day outside their cells, and they can exercise then. Regular exercise is not organised by prison authorities and exercise facilities are not available in the prison.

Climate

Lesotho has very cold winter (which includes snow) and hot summers. The clothing provided is not appropriate for the colder months.

Religion

Prisoners are entitled to practice a religion of their choice. With some restriction e.g. burning incense and lighting candles is prohibited. Detention facilities are not staffed by religious ministers. However, prisoners have the right to receive visits from their choice of religious ministers.

Rules and regulations (including drugs)

Prison rules and regulations are explained to prisoners upon admission. Insulting and abusing staff is considered a serious offence. Local authorities advised us that good behaviour attracts the reduction of one third of the sentence (remission). Drug use is illegal in Lesotho prisons. Prisoners are not tested for drugs, but routine searches are carried out.

Prison: access to help and services

Receiving money

There are two ways you may be able to receive financial assistance while in prison:

• private funds: deposited to you by your family or friends
• Prisoners Abroad: depending on the country where you are detained, if your family cannot support you financially, Prisoners Abroad may be able to send you a small grant every quarter for essentials (enough for one hot meal a day)

The UK government does not provide financial assistance to prisoners.

Private funds

While the FCDO does not provide financial assistance to prisoners, we may be able, within certain limits, to send you money from your family or friends. Please note that you cannot have cash sent to you in the post.

The FCDO operates a ‘Prison Comfort’ system for money transfers to prisoners. Ask your family or friends to get in touch with the FCDO to arrange this.

Prisoners Abroad

Prisoners Abroad may be able to assist you with funding for prison essentials and some medical care if you are not receiving regular funding from other sources.

Prisoners in Lesotho are eligible for the Craig Feehand Fund to purchase essentials such as food, water, clothing, bedding and toiletries; and the Medical Fund for essential medical and dental treatment, where this is not provided by prison authorities.

Medical and dental treatment

While you are detained, the Lesotho government is responsible for ensuring your basic medical needs are met.

There is no resident doctor or dentist at prisons. However, other health care professionals are available who assist inmates. For serious injuries or illnesses, inmates are taken to government hospitals. In case of medical emergency, prisoners will see a state doctor immediately.

Non-convicted prisoners can see a private medical practitioner of their choice at their own cost. Medication is widely available but you have to buy it. There is no prison hospital. Usually, inmates will be referred to government hospital for specialist treatment.

Minor mental health symptoms are treated by social workers and counsellors who are based at the prison. Patients requiring tailored psychiatric treatment are referred to the Mohomet Mental Hospital in Maseru.

With your permission, we can make sure that any medical or dental problems you might have are brought to the attention of any police or prison doctor. We can also contact your GP in the UK, if the police or prison doctor requests previous medical records.

Letters and parcels

Prisoners are permitted to receive parcels as long as they do not contain prohibited items. There is no limit to the number of letters that a prisoners can receive; however, letters are censored, and parcels are checked. Senders should avoid items that pose a threat to security.

Parcels and letters should be addressed to the prison and contain the prisoners full names and prison number as reference. You should include the sender’s details on the back of the envelope/parcel.

The address to use for mail to Maseru Central Prison is listed below.

PO BOX 41
Maseru
100
Lesotho

Telephone calls

Prisoners are not permitted to make telephone calls; however, they can ask prison authorities to make phones calls on their behalf. Mobile phones are among the prohibited items in prison.

Making a complaint about mistreatment

If you have been mistreated, you should inform consular staff as soon as it is safe for you to do so. We will then do our best to visit you, to check on your welfare, discuss the allegations, and explain any local complaints procedures and supportive organisations that you may wish to consider. With your permission, and where appropriate, we will consider approaching the local authorities if you have not been treated in line with internationally-accepted standards. If you have been mistreated, try to see a doctor, obtain a medical report and if possible take photos of your injuries.

Complaints about members of the police service in Lesotho are handled by the Police Complaints Authority. This is also the body for raising complaints about prison mistreatment. Any prisoner has the right to lodge a mistreatment complaint about police or correctional services staff to the station commander, or any other police officer at the police station or prison staff member. Authorities have told us that the Police Complaints Authority will investigate your complaint. We can help you to raise a complaint if you are mistreated.

Chapter 3: The Lesotho judicial system

Overview

Lesotho uses a dual legal system, subject to both the Common Law (most of which is now codified in different statutes; and some also contained in Judicial Precedents) and it’s Customary Law.

There are some similarities with the UK criminal justice system:

• prisoners are presumed innocent until proven guilty
• they have a right to legal representation
• they have a right to an interpreter, a fair trial and appeal

Criminal jurisdiction in Lesotho rests with the High Court based in Maseru, and the magistrates’ courts located in each of Lesotho’s ten districts.

The FCDO cannot interfere with the judicial system. We cannot ask for your case to be judged more quickly just because you are British, or ask the authorities to waive any penalties.

First steps

What should happen after you are arrested

You should be informed of the reason for your arrest in English. You can request to see a legal representative before making a statement or answering a question. You are allowed to make a request that the British High Commission be informed of your arrest. We encourage you to do this as soon as you are arrested.

We have been advised that prisoners are normally taken to the magistrates’ court for their first appearance within 48 hours of arrest. English is spoken at court, and you are allowed to speak in court. For those who do not speak or understand English, an interpreter is provided.

Should you have any questions concerning the legal aspects of your arrest, contact your lawyer. Here is a list of local English speaking lawyers. We will give you a hard copy if required.

How long you can be remanded in custody

Immediately after being committed to prison by the court, the prisoner will be moved to a correctional centre. Prisoners will be on remand for 14 days, after which they have to appear every 14 days in court until the investigation is completed.

In the case of an investigation taking too long to be completed, prisoners can submit application for a speedy court trial act to court. There is a possibility of being granted bail upon application.

Prisoners on remand and sentenced prisoners: differences

Sentenced prisoners and those on remand are kept in the same prison, but only prisoners who have been sentenced will wear prison uniform.

Prisoners on remand can be visited by their lawyers.

After you are charged

You will be charged during your first appearance at court. The magistrate will explain the charges against you and inform your rights. Depending on the evidence provided by the prosecutor and your lawyer and the severity of the crime, you might be granted bail or be remanded for further investigations and trial date.

If prisoners are charged in a language they do not understand, they can request to have the charges translated. After the charge is read, the prisoner can enter a plea.

Bail

All prisoners can apply for bail. Bail is granted by court independently. All persons are qualified for bail unless stated otherwise by the court. Bail is paid in court. The British High Commission and the FCDO can assist prisoners by contacting family and friends who may be willing to help cover the cost of bail.

Bail conditions will usually require you to report to a police station. If you do not adhere to your bail conditions, a warrant will be issued for your arrest.

The FCDO cannot transfer bail funds.

Trial and legal assistance

Legal assistance: lawyers and legal aid

If you wish to hire a private lawyer, see our list of English-speaking lawyers. Prisoners Abroad can also supply general (non-Lesotho specific) information on legal aid, court proceedings and can advise on appointing a lawyer.

You can appoint a lawyer for yourself at any time after your arrest. Normally, if you hire a private lawyer, they will ask for a cash advance on their estimated legal fees (which may be high) before they will take your case on. The British High Commission cannot pay legal fees or provide a guarantee of payment on your behalf. We can help you to contact family or friends who may be willing to cover your legal costs.

If you cannot afford a private lawyer, the local authorities have told us that there is no legal aid available to foreign nationals.

As in any country, some lawyers are better than others. Paying a large fee does not guarantee that you will get a good lawyer. It is wise to agree a flat rate for the whole case before they begin work or you may find yourself facing extra expenses.

Ex-prisoners advise talking to other prisoners, as they often know which lawyers to avoid and what hidden costs there might be. Prisoners are allowed to prompt access to lawyer.

Trial

Different stages of a trial before the relevant courts.

1. First Remand: The magistrate will read and explain the charges and inform you of your rights, e.g., right to bail, right to legal representation, challenge the lawfulness of detention; remain silent; not incriminate themselves and fair trial. You may request bail at this stage and raise objections or rectifications of the charge. If you don’t have legal representation, the court will give you time to hire a lawyer or request legal aid.

2. Preparatory Examination and Pre-Trial Planning Session: During this stage the magistrate asks the prosecutor about the charges against you and will determine whether there is case to answer, undisputed witness statements are admitted, the aggrieved party is identified, and the scope of the damage determined. You will be required to attend the preparatory examination and pre-trial planning session with your lawyer.

3. Trial: In this stage, the prosecution presents their case against you. You and your lawyer will have the opportunity to challenge the evidence provided by the prosecution through cross examination and apply for discharge if you opt not to give evidence, the court will settle the case on the basis of the evidence provided by the prosecution.

4. Judgement: After all evidence has been presented and your legal representative has addressed the court, the magistrate gives judgement.

As a rule, victims can only participate as witnesses. Participation of the witness can either be voluntary or compulsory. It is the discretion of the witness to retain a lawyer for that.

In some cases evidence may be given in closed doors if the court considers it would be in the interest of good order, public morals or the administration of justice. The court may also direct that cases involving minors and vulnerable persons may be heard privately.

Sentences

The sentences are mostly prescribed in the Penal Code Act and Criminal Procedure and Evidence Act 1981; however, the judge may exercise discretion depending on your circumstances and the seriousness and nature of the crime committed. Serious offences such as murder, treason and sexual assault attract capital punishment.

Whilst there are a few prisoners pending executions, no executions have taken place since 1995.

It is common practice for foreigners who have committed offences to be deported after they have completed their sentence. The British High Commission will be informed and a request will be made for assistance with the deportation process.

Appeals

Appeals can be made to the High Court and to the Court of Appeals against the sentence or against the conviction. All appeals must be lodged within one month from trial. The prosecution is also allowed to appeal if you have been acquitted.

Reaching the end of your sentence

Reduction of sentence (remission)

Local authorities have informed us that good behaviour attracts the reduction of one third of the sentence (remission).

Early release

There are policies for early release programs, they include Amnesty and Release on medical grounds. Being released on medical grounds is based on a state doctors’ recommendation if the prisoner has a life threatening illness. State doctors will recommend release on medical grounds to the Pardons Committee who will advise the King.

Clemency or pardon

The King may grant any convicted person of any offence a pardon with or without conditions. Respite from sentence is also granted by the King for a specific period of time, indefinitely or the sentence is substituted by a less severe punishment.

There are 4 amnesty days every year and they are:

• 11 March - King Moshoeshoe’s Birthday
• 17 July - King Letsie III’s Birthday
• 4 October - Independence Day
• 25 December – Christmas Day

Financial penalties

Financial penalties are sometimes ordered by the court. If you cannot afford to pay, a custodial sentence is normally offered as an alternative.

Transfer to another prison within Lesotho

We are advised that foreign inmates are usually held in Maseru Central Prison. If they are detained elsewhere in the country, they are allowed to submit a formal request for a prison transfer to the capital city, where it will be easier for family and consular visits.

Transfer to a prison in the UK

It is not possible to transfer from Lesotho to finish your sentence in prison in the UK. There is no Prisoner Transfer Agreement between the UK and Lesotho.

Release and deportation

It is common practice for foreigners who have committed offences to be deported after they have completed their sentence. Normally, the British High Commission will be informed so that we can support deportation arrangements.

Sometimes people find that they face difficulties adjusting to life in the UK once they have left prison. You may find yourself ready for life on the outside but not prepared for living in the UK. You may not have lived in the UK before and have no connections there, or perhaps you have lost touch with friends and family. You may want to talk to another person who understands what you have been through, to help you consider what to do next.

If you are registered with Prisoners Abroad, you can arrange an appointment with their Resettlement Team when you first arrive back in UK. They can help with advice, temporary luggage store, make essential phone calls or use a computer. If you have no belongings Prisoners Abroad may be able to help with basic toiletries and finding suitable clothing. If you know your release date in advance you should tell the Prisoner and Family Team when you are likely to arrive and what help you think you might need. If you have no money and nowhere to go, Prisoners Abroad’s Resettlement Service can help with:

• advice on finding emergency accommodation in the London area
• claiming welfare benefits, including emergency benefit payments if you are destitute
• making appointments with doctors and dentists
• putting you in touch with local agencies if you are not returning to the London area

Later on you may want advice on housing, looking for work, applying for training or getting counselling. Prisoners Abroad can refer you to the right agency.

Other sources of practical help back in the UK are:

The Salvation Army

UK Helpline: +44 (0)20 7367 4888

Monday to Friday 8am to 4pm, or contact your local Salvation Army branch

The Prison Fellowship

UK Helpline: +44 (0)20 7799 2500

Monday to Friday 9am to 5pm

Your criminal record in the UK

We will not normally pass on information about your case to a third party without your consent. However, if you’re arrested for certain serious offences, such as child sex abuse or drugs crimes, our staff must tell other relevant UK authorities. It is possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.

Chapter 4: Additional information

Additional Information

Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned abroad. It is the only UK charity providing this service. It is available to all, whether guilty or innocent, convicted or awaiting charge or trial. Prisoners Abroad supports your health and welfare during your imprisonment. It can also provide support on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family when you are in prison. To access any services, you must first register with Prisoners Abroad by signing and returning their authorisation form.

Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer varies from Lesotho to Lesotho, but generally they can provide you with information, in English, on:

• your rights as a prisoner
• issues that may affect you such as health or transfer to the UK
• getting magazines, newspapers, books and the regular Prisoners Abroad newsletter
• learning the language of your Lesotho of imprisonment
• translating documents
• grants for food if you are in a developing Lesotho and do not have funds from other sources
• grants for essential medicines and toiletries if you do not have funds from other sources
• preparing for release
• help for your loved ones, including information, family support groups and, in a few cases, assistance with the cost of visiting
• Freepost envelopes to help you stay in touch with others

Prisoners Abroad

UK Helpline: +44 (0)20 7561 6820 or 0808 172 0098
Mondays to Fridays 9:30am to 4:30pm (UK time)

89 – 93 Fonthill Road
London N4 3JH
UK

Glossary of terms

English	Sotho
Hello	Lumela
How are you?	O phela joang?
I am well	Ke hantle
I am not well	Ha ke hantle
Stay well	Sala hantle
Go well	Tsamaea hantle
I don’t know	Ha ke tsebe
Please	Kea kopa
Thank you	Kea leboha
I’m sorry	Ke kopa t’soarelo
Please find someone who knows English	Ke kopa o fumane motho a tsebang sekhooa
I’m hungry	Ke lapile
I’m very thirsty	Ke nyoruoe

Annexes

• FCDO guidance: Support for British nationals abroad
• FCDO guidance: Arrested abroad: advice for British nationals
• List of English-Speaking Lawyers
• Prisoners Abroad Forms