ESSEX PAPER 3: INITIAL GUIDANCE ON THE INTERPRETATION AND IMPLEMENTATION OF THE UN NELSON MANDELA RULES The Inter-American Commission on Human Rights has clarified that: ‘In cases of flight or escape of persons deprived of their liberty, the State must employ all non-lethal means at its disposal to recapture the offenders and may only use lethal force in cases of imminent danger in which prisoners attempting to escape react against prison guards or third parties with violent means that threaten their lives. Therefore, there is no ethical or legal justification for a so-called ‘escape law’ legitimizing or empowering prison guards to automatically fire on prisoners attempting to escape.’448 ‘In every instance in which a firearm is discharged’ a report needs to be made promptly to the competent authorities.449 Moreover, Basic Principle 11 specifies that rules and regulations on the use of firearms should include guidelines, which: ‘(a) Specify the circumstances under which law enforcement officials are authorized to carry firearms and prescribe the types of firearms and ammunition permitted; (b) Ensure that firearms are used only in appropriate circumstances and in a manner likely to decrease the risk of unnecessary harm; (c) Prohibit the use of those firearms and ammunition that cause unwarranted injury or present an unwarranted risk; (d) Regulate the control, storage and issuing of firearms, including procedures for ensuring that law enforcement officials are accountable for the firearms and ammunition issued to them; (e) Provide for warnings to be given, if appropriate, when firearms are to be discharged; (f) Provide for a system of reporting whenever law enforcement officials use firearms in the performance of their duty.’ These provisions would seem to have a broader applicability, and could usefully be extended to apply to all weapons used by state officials, not just firearms.’450 Complaints Rules 56 and 57 stipulate the right of prisoners to issue requests and complaints. The Essex group discussed the following questions: •  Who can issue a complaint? •  How are prisoners informed about them? •  What are the types and contact points of complaints? •  What is the distinction between request and complaint? •  When is a complaints procedure effective? •  How are prisoners protected against reprisals? The Essex group highlighted various issues for further deliberation including: the different types of request and complaints, in particular the interlinkages with external and independent complaints IACHR Report on Honduras, para. 237. 448  Commentary to Article 3 of the UN Code of Conduct on Law Enforcement Officials, adopted by General Assembly resolution 34/169 of 17 December 1979. 449  UN Code of Conduct for Law Enforcement Officials, adopted by General Assembly resolution 34/169 of 17 December 1979. 450  Penal Reform International and the Essex Human Rights Centre | 113