46
are engaged in violence, while also stating that lethal force has no role to play in the
context of unlawful assemblies that are peaceful but must be dispersed.66 The UN
Human Rights Guidance on Less-Lethal Weapons in Law Enforcement states that “[t]
he use of firearms to disperse an assembly is always unlawful”.67
Similarly to the UN Special Rapporteur, the ODIHR Human Rights Handbook on Policing Assemblies emphasizes that “firearms should never be considered operational
tools for the management of public assemblies. Firearms should not be used to
disperse an assembly, even in cases where there are ongoing acts of violence.”
Should the use of firearms be observed by the monitors, references should be made
to the guiding principles the UN “Basic Principles on the Use of Force and Firearms
by Law Enforcement Officials”, which lay out a series of considerations regarding
the use of firearms.68
What monitors should observe and record
• In what circumstances were the launchers/firearms carried or used?
• What kind of launchers/firearms were carried or used? Did police keep weapons
holstered, or were they carried, aimed and/or used to threaten?
• What did the launchers/firearms look like? Monitors should try to record the shape
and size, and take images or video, focusing on any logos, names or other markings that might identify the manufacturer or model.
• What kind of ammunition was used (e.g., irritant, impact, etc.)?
• What did the projectiles look like? Monitors should try to record the shape and
size, and take images or video, focusing on any logos, names or other markings
that might identify the manufacturer or model.
• Was force used to target individuals engaging in violent behaviour, or was it used
indiscriminately against the gathering?
• At what range were the launchers/firearms deployed? How many rounds were
fired?
• Were launchers used to target a particular person, or were they used to target
a group or fired indiscriminately?
• At what trajectory were projectiles fired (i.e., was the launcher facing upwards or
directly at protesters)?
66
67
68
Report of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Christof Heyns”,
UN doc. A//HRC/26/36, 1 April 2014, para. 75, <https://w w w.ref world.org/docid/53981a550.html>.
UN, Guidance on Less-Lethal Weapons in Law Enforcement, op. cit., note 7, para. 6.3.4.
UN, “Basic Principles on the Use of Force and Firearms by Law Enforcement Officials”, op. cit., note 4.
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