Omega Research Foundation
caused by rubber pellets and their inherently indiscriminate nature, Omega believes that they
should not be referred to as ‘non-lethal’ and their use should not be permitted in places of
detention. Only direct fire single impact munitions with sufficient accuracy to avoid impacting
vulnerable body areas should be authorised.
Skip-firing: Principle 7.4.5 permits the use of firearms when the life or integrity of someone
is placed in ‘certain danger’. Live ammunition is not included in the list of equipment
expressly permitted, but ‘riot control ammunition’ can be employed and is to be fired at the
ground rather than directly at the person. In spite of instructing prison personnel to employ
skip-firing, Principle 7.4.6 warns of the danger of this practice, also known as indirect firing,
stating that the deviation in the trajectory of the ammunition once it impacts upon a surface
increases the risk for all those involved in the disturbance, noting that ‘riot control
ammunition’ can be lethal depending on where a person is struck. The inherent risks of skipfiring makes the rounds’ trajectory unpredictable, increasing the risk that vulnerable areas of
the body could be hit.17 Omega believes that skip-firing should be prohibited. Agencies should
devote more time to training to ensure officers are able to accurately hit the lower regions
of the body with appropriate less lethal munitions.
Open-ended list of weapons: Principal 3.2.3.2 provides that weapons not included in the list
of weapons which can be used in places of detention can be authorised by judicial order or
under the express authorization of the Director General of Security in extremely serious
situations. Omega believes that this provision is too broad and recommends that use of force
guidelines contain an exclusive list of specified and tested law enforcement equipment which
can be used, including human rights based guidelines for their appropriate use.
2) Peru: Law enforcement personnel exempt from criminal responsibility
In January 2014, Law 30151, which modified the Peruvian Penal Code, came into force. Article
20 of the Penal Code now states that ‘members of the Armed Forces and the Peruvian
National Police who cause injury or death in the performance of their duties and through the
use of their weapons or other means of defence’ will be exempt from criminal responsibility.
The Inter-American Commission on Human Rights,18 the Regional Office of the OHCHR19 and
the Peruvian Ombudsperson’s Office20 have all publicly expressed their concern regarding the
human rights implications of this reform.
The exemption from criminal responsibility for any injury or death caused by security
personnel, which has been referred to as a ‘license to kill’ in the media,21 appears to directly
17
Home Office Scientific Development Branch, Less Lethal Technologies Review of Commercially Available and
Near-Market Products for the Association of Chief Police Officers, Publication No. 49/08, 2008, p10.
18
Inter-American Commission on Human Rights, ‘IACHR Troubled by entry into Force of Law 30151 In Peru,’ 23
January 2014, <http://www.oas.org/en/iachr/media_center/PReleases/2014/004.asp> [accessed 31 May
2016].
19
Regional Office of the UN High Commissioner of Human Rights, ‘ONU: Alto Comisionado de DDHH manifiesta
preocupación sobre ley que regula uso de armas por parte de fuerzas del orden en Perú,’ 16 January 2014,
<http://derechoshumanos.pe/2014/01/onu-alto-comisionado-de-ddhh-manifiesta-preocupacion-sobre-leyque-regula-uso-de-armas-por-parte-de-fuerzas-del-orden-en-peru/> [accessed 31 May 2016].
20
Peruvian Ombudsperson’s Office, ‘PRONUNCIAMIENTO DE LA DEFENSORÍA DEL PUEBLO EN RELACIÓN CON
LA LEY N° 30151,’ 14 January 2014, <http://derechoshumanos.pe/2014/01/defensoria-del-pueblo-senala-queley-30151-debilita-la-proteccion-del-derecho-a-la-vida-y-a-la-integridad-personal-de-la-ciudadania/> [accessed
31 May 2016].
21
Jacqueline Fowks, ‘Primeros absueltos en Perú por la ley que da 'licencia para matar' a la policía,’ El País, 21
February 2014,
10