3. INCIDENT PREVENTION AND RESPONSE
(Principles 16 and 9 of the BPUFF).198 The commentary to Article 3 of the Code of Conduct
for Law Enforcement Officials states that “the use of firearms is considered an extreme
measure” and that “[e]very effort should be made to exclude the use of firearms”.199
50
Basic Principle 4 of the BPUFF emphasizes the use of other means of control before resorting
to force or arms, stating that law enforcement officials shall “as far as possible, apply
non-violent means before resorting to the use of force and firearms” and may use them “only
if other means remain ineffective or without any promise of achieving the intended result”.200
51
The law, regulations and procedures on the use of force and arms should be made available
to all staff and prisoners. These procedures should also be available to the general public
to ensure transparency.
52
As a matter of principle Rule 82(3) notes that “except in special circumstances, prison staff
performing duties which bring them into direct contact with prisoners should not be armed.”
Those staff who are armed and usually have no direct contact with prisoners should be
required to hand in their arms if they are to have direct contact with prisoners.
53
In addition, Rule 65 of the Havana Rules notes that the “carrying and use of weapons by
personnel should be prohibited in any facility where juveniles are detained”.201
54
In every instance in which a firearm is discharged, a report needs to be made promptly to
the competent authorities and should be analysed with a view to assessing its necessity
and proportionality, and any lessons to be learned for the future.
How force and arms should be used
Only staff members who have been trained in the use of force and arms should be authorized
to use them.
56
The use of force should be applied with a view to reducing the risk of injuries and it should be
used only for the shortest time necessary. The use of force and arms should be discontinued
as soon as there ceases to be an immediate danger.
57
Basic Principle 5 of the BPUFF states that where the use of force is unavoidable, the relevant
officials should “exercise restraint in such use and act in proportion to the seriousness of
the offence and the legitimate objective to be achieved,” and should “minimise damage and
injury”.202
58
The use of force and arms should be recorded by CCTV or body cameras for the purposes
of accountability with due consideration given to the necessary safeguards regarding the right
to privacy.203
3
55
Training on the use of force and arms
59
Rule 76(1)(c) stipulates that relevant prison staff should be provided with training on the use
of force “with due consideration of preventive and defusing techniques, such as negotiation
and mediation”, before entering into duty, but also through continuous in-service training
courses (Rule 75(3)).
60
Staff should receive training on the use of force and arms before they enter active duty. They
also need to undertake refresher training courses that reflect the latest rules and regulations
during their period of employment.
198. Ibid, Principle 16: “Law enforcement officials, in their relations with persons in custody or detention, shall not use firearms, except in self-defence
or in the defence of others against the immediate threat of death or serious injury, or when strictly necessary to prevent the escape of a person in
custody or detention presenting the danger referred to in principle 9”. Principle 9 BPUFF: “Law enforcement officials shall not use firearms against
persons except in self-defence or defence of others against the imminent threat of death or serious injury, to prevent the perpetration of a particularly
serious crime involving grave threat to life, to arrest a person presenting such a danger and resisting their authority, or to prevent his or her escape,
and only when less extreme means are insufficient to achieve these objectives. In any event, intentional lethal use of firearms may only be made when
strictly unavoidable in order to protect life”.
199. Code of Conduct for Law Enforcement Officials, UNGA, op. cit., note 157, article 3, Commentary (c).
200. Basic Principles on the Use of Force and Firearms, op. cit., note 158, Basic Principle 4.
201. See also: United Nations Model Strategies and Practical Measures on the Elimination of Violence against Children in the Field of Crime Prevention
and Criminal Justice, 26 January 2015, A/RES/69/194,para. 39 (d).
202. Basic Principles on the Use of Force and Firearms, op. cit., note 158, Basic Principle 5.
203. For further information on concerns around the possible violations of the right to privacy that body-worn cameras may generate, see for example:
Report of the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, the Human Rights Council, 24 April 2015, A/HRC/29/37,
paras. 59–63.
Guidance document on the Nelson Mandela Rules
89
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