Section 2.1.4: Training
International standards emphasise the importance of giving officers
appropriate training on any use of force equipment they may have
access to, or occasion to use. The Basic Principles (Principle 19)
note that ‘Governments and law enforcement agencies shall ensure
that all law enforcement officials are provided with training and are
tested in accordance with appropriate proficiency standards in the
Checklist for detention monitors: establishing
policies and procedures on the use of force.
1)
Are there clear, detailed regulations for the use of
force, including regulations for all weapons (including
firearms and less lethal weapons) authorised for use?
2)
Do these regulations specify:
• the various types of force that may be used;
• the circumstances in which each type of force
may be used;
• the members of staff who are entitled to use
different types of force;
• the level of authority required before any force
is used; and
• the reports that must be completed once force
has been used
For more detail on what might constitute appropriate
content of the regulations / appropriate circumstances in
which particular types of force might be used, please see
the next section.
3)
Do regulations prohibit firearms and ammunition
which cause unwarranted injury or risk?
4)
Do these regulations ensure that only authorised
equipment, as set out in the regulations, may be used
in places of detention? This helps to clarify that it is
not permissible for officials to use equipment that
has not been authorised, or to use equipment that
has not been designed for use on humans. It also
helps to clarify that whilst the personal ownership
of certain less lethal weapons (for example, electricshock weapons) for civilian self-defence purposes
may be legal in some countries, these are not suitable
for use in places of detention.
5)
Do the regulations set out circumstances or cases
where the use of force is prohibited?
14
use of force. Those law enforcement officials who are required to
carry firearms should be authorized to do so only upon completion
of special training in their use’. Similarly, the Nelson Mandela
Rules note that officials should be trained in ‘use of force and
instruments of restraint’ (Rule 76.1c) and that ‘prison staff should
in no circumstances be provided with arms unless they have been
trained in their use’ (Rule 82.3). Such principles can be usefully
applied not just to prison and law enforcement officials, but to any
staff member using force on detainees (including, for example, staff
working in mental health settings or in immigration detention).
Consideration should also be given to the content of training given
to officers in places of detention. It is important that training
does not just ensure that officers are proficient in use of the
weapon, but that it also covers a broader range of issues around
the use of force. The Basic Principles (Principle 20) specify that
training should ‘give special attention to issues of police ethics and
human rights… to alternatives to the use of force and firearms,
including the peaceful settlement of conflicts, the understanding of
crowd behaviour, and the methods of persuasion, negotiation and
mediation, as well as to technical means, with a view to limiting
the use of force and firearms’ and that ‘training programmes
and operational procedures’ are ‘reviewed’ in light of ‘particular
incidents’. The Nelson Mandela Rules note that training should
cover ‘security and safety, including the concept of dynamic
security, the use of force and instruments of restraint, and the
management of violent offenders, with due consideration of
preventive and defusing techniques, such as negotiation and
mediation’ (Rule 76.1c). UNODC/OHCHR Resource book notes
that, among other elements, training on use of force should be
‘scenario-based, with emphasis on those scenarios that the new
recruit is most likely to encounter in practice’ and should cover
the ‘relevant legal and ethical framework for… use of force…
and the absolute prohibition of torture and cruel, inhuman or
degrading treatment or punishment’, ‘personal safety and stress
management’ and cultural awareness and sensitivity to diversity,
including gender awareness and awareness of child-related issues.
Training should not be seen as a one-off but should be ‘reinforced by
regular refresher training’ (UNODC/OHCHR Resource book 2017:
79). The UN Special Rapporteur (2017; point 66) has also stressed
the need to ‘regularly monitor the effectiveness of such training in
preventing torture and other cruel, inhuman or degrading treatment
or punishment and other human rights violations’. Article 11 of the
Convention Against Torture notes that ‘each State Party shall keep
under systematic review interrogation rules, instructions, methods
and practices… with a view to preventing… torture’.
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