Omega Research Foundation
National Guard official armed with a shotgun. He was reportedly trying to flee at the time he
was shot.78
International standards require force to be used exclusively against persons engaged in violence.
By their nature metal pellets are indiscriminate and therefore serve no legitimate law
enforcement purpose. In a situation where people are acting violently in a public gathering, law
enforcement officers should use less harmful means to bring the situation under control.79 An
additional advantage of prohibiting rubber pellet ammunition (see above), is that other types of
ammunition are more difficult to tamper with. The use of firearms should only be permitted for
the purpose of protecting against an imminent threat to life or of serious injury. Any law
enforcement officials found to have used firearms in an abusive manner should be held to account
and their conduct treated as criminal offences.
Recommendations
Law enforcement agencies should be adequately equipped with a range of weapons and
ammunition that would allow for a differentiated use of force and firearms.
The use of firearms by law enforcement officials should be controlled in accordance with the
BPUFF (i.e. to defend against a threat to life or of serious injury), regardless of the type of
ammunition being used.
Prohibit the use of any firearms or ammunition that cause unnecessary injury or present an
unnecessary risk. This includes ammunition which is inherently indiscriminate, including
shotgun pellets.
Water cannon
Water cannon are high-pressure systems designed to fire jets of water at people. They can be
backpack style, or more typically mounted on vehicles. The pressure of the water jet can be varied
from low pressure (designed to soak, deter or demoralise), to high pressure - which can cause blunt
trauma or knock a person to the ground. The water jet can have additives including marker dye (for
later identification of persons) or a range of chemical irritants for additional effects.
Illustrative country examples of excessive use of force with water cannon
Chile: It has been reported that the Chilean Carabineros sometimes respond to violence in
public demonstrations with indiscriminate or disproportionate force.80 The Chilean National
Human Rights Institute (INDH) reported Carabineros used force indiscriminately and
disproportionately in 70% of the demonstrations it observed in 2013, with water cannons
used in 77% of these gatherings.81 On 21 May 2015, Rodrigo Avilés sustained serious head
injuries after being thrown several metres by a high-pressure jet of water fired by Carabineros
from a distance of 4.5 metres.82
78
Ibid. p. 26.
For more on this topic, see Amnesty International, Use of Force Report, note 6, pp. 138-139.
80
Human Rights Watch, World Report 2014, p. 224.
81
National Human Rights Institute of Chile, Informe Anual 2013: Programa de Derechos Humanos y Función
Policial, May 2014, pp. 25-28.
82
Francisco Marín, ‘Chile: Incentivos perversos para la violencia policiaca,’ Proceso, 12 June 2015,
<http://www.proceso.com.mx/?p=407435> [accessed 31 May 2016].
79
22
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents