61
lowering shields can help to diffuse a tense situation and aid with de-escalation.89
The ODIHR Human Rights Handbook on Policing Assemblies recommends that officers equipped with protective equipment remain out of sight of the assembly for
as long as possible, ready to be deployed if the situation deteriorates or if there is
a credible risk of violence.90
Law enforcement officers should be individually identifiable at all times.91 Protective
body armour that is worn over an officer’s uniform can, however, hide a nameplate or
ID number, and protective helmets with visors obscure an officer’s face. Where such
protective equipment does not bear a nameplate or unique ID number, there is a danger
that the officer might not be identifiable and might act with a certain level of impunity.
Communication between law enforcement officers and protesters can help to avert
violence. The use of protective headgear reduces the ability of officers to communicate. Officers may also become dehydrated and fatigued while wearing full
protective equipment in warm weather,92 and this may impact on their wellbeing,
patience and decision-making. Officers may feel emboldened when fully suited up
with protective equipment, potentially resulting in a lack of empathy with protesters,
and possibly a quicker recourse to the use of force.
There is a risk of injury when protective equipment (particularly a shield, and
sometimes a helmet) is used inappropriately as a striking weapon. While it may occasionally be appropriate to push people with the flat side of a shield, the edge of
the shield should never be used offensively, as this can cause serious injury or even
death when used to strike the head or neck.93 In addition, the ODIHR Human Rights
Handbook on Policing Assemblies warns that shields should not be used together
with batons in a provocative manner, i.e., by beating the shield.94
The use of protective equipment that goes beyond the primary purpose of protection (e.g., shields that have additional offensive functions, such as being fitted with
kinetic impact projectile launchers or chemical irritant spray), risks blurring the line
between protective and offensive equipment potentially creates confusion, lead89
90
91
92
93
94
Ibid., p. 68.
Ibid.
UN Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association and the
Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, “Joint Report Submitted to the
Human Rights Council on the Management of Public Assemblies”, UN doc. A/HRC/31/66, 4 February
2016, para. 65, <https://digitallibrar y.un.org/record/831673?ln=en>.
ODIHR, Human Rights Handbook on Policing Assemblies, op. cit., note 2,p. 68.
Ibid., p. 76.
Ibid.
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