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