the causes of death, the report of which should be made accessible
to the nearest relative’. Similarly, the UNODC/OHCHR Resource
book notes that ‘in cases of death and serious injury or other grave
consequences resulting from the use of force…it is not sufficient
to report internally to one’s line manager…An independent review
process is necessary, i.e. independent from the law enforcement
official or unit involved in the incident’ and, as noted above, there is
an important role for independent agencies in conducting broader
data analysis on use of force incidents.
Whilst assessing the qualities needed for such a process to be independent
and effective is covered in detail elsewhere (for example, the University
of Essex Human Rights Centre and Penal Reform International 2017,
and the UNODC and OHCHR Resource Book, 2017) and is outside
the scope of this paper, it nevertheless points to a final important
consideration for monitoring bodies to assess when documenting
the use of firearms, less lethal weapons and restraints in places
of detention.
Checklist for detention monitors: Post-Incident
Procedures and accountability mechanisms.
• Are people on whom force is used given the right
to be immediately examined by a medical doctor,
out of the hearing (and ideally, sight) of nonmedical staff? Are the results of the examination,
and the doctor’s conclusions, formally recorded?
Are they made available to the prisoner?
• Is a record kept any time force, including
mechanical and chemical restraints, are used?
Ideally this register should also indicate not just
whether force was used but further details about
the incident, including the type of force and
restraint used, and how long it was applied for.
• Are these records reviewed internally by the
supervising officer?
• Is there an independent review process in place
for cases of death, serious injury or other grave
consequences resulting from the use of force?
• Do individuals affected by use of force and firearms
have access to an independent process, including
judicial mechanisms where appropriate?
• Is there analysis of use of force data more broadly,
in order to establish trends and patterns and to
develop appropriate interventions
where necessary?
Following up on Section 2: Equipment that should be monitored
in places of detention.
It should be remembered that, whilst worthy of note, the mere
presence of equipment with potentially legitimate uses in places in
detention (such as batons, or handcuffs) may not necessarily indicate
cause for concern, depending on the circumstances, in the same
way that the presence of prohibited equipment would do. Hence
monitors may wish to use the checklists given in Part 2 in order
to examine the safeguards prior to use, at the point of use, and
following use of the weapon—including the regulations and policies
surrounding the issue and use of the equipment—and indications
of how it is used in practice, including any indications of misuse.
Documenting weapons and restraints in places of detention brings
a number of benefits, but is perhaps particularly important in cases
where there are concerns that the equipment is insufficiently regulated,
is being used inappropriately including for torture or ill-treatment,
has serious medical or psychological effects, or presents concern
in other ways. In such instances, a number of options are available:
1) Documenting any markings and logos (for example, company
names and logos), colours, and serial numbers, if any, that
are present on the equipment itself, or on its packaging.
This may help provide additional confirmation of:
• Whether the equipment was locally manufactured
or imported (and, if so, from where). Depending on
the type of equipment and the country of origin, the
export may also be in breach of national or regional
trade control regulations (for example, of European
Union trade control regulations), or may highlight
regulatory gaps.
• Identifying the manufacturer can also allow you to
check their guidelines for use of the product—which
may identify, for example, minimum ranges for use and
provide product warnings in certain circumstances—and
to ascertain whether these are reflected in policy and
practice around the weapon (for example, whether
they are being used at distances closer than the
manufacturer recommends).
• Serial numbers (which are unique to the weapon in
question) can help identify when, and where, the
equipment was manufactured and transferred. In cases
where, for example, equipment is being systematically
misused, identifying the supply routes, and the States
and corporate actors involved, may help to provide
additional angles to enhance accountability, and to
prevent further transfers in the future.
2) Documenting dates, as many weapons—including rubber bullets
and chemical irritants—have an expiry date, after which they
may present a higher injury risk (in the case of some rubber
bullets) or, conversely, may become less effective.
21
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