PERSONS IN CUSTODY ARE IN AN ESPECIALLY VULNERABLE POSITION. THE AUTHORITIES HAVE A CLEAR DUTY UNDER INTERNATIONAL HUMAN RIGHTS LAW TO BOTH RESPECT AND PROTECT DETAINEES AND PRISONERS. USE OF FORCE STANDARDS The rights to life and to freedom from torture and other ill-treatment, which are at the heart of international treaties and other instruments on the use of force by law enforcement officials, must be protected and respected at all times. Any use of force by law enforcement officials must be governed by the principles of necessity and proportionality. The use of force by law enforcement officers is strictly regulated by international standards, including the 1979 Code of Conduct for Law Enforcement Officials4, and the 1990 United Nations (UN) Basic Principles on the Use of Force and Firearms by Law Enforcement Officials5, which require force to be used only by designated, trained and accountable public officials in strictly defined circumstances, and only when other means have failed or are ineffective in the circumstances and when its use is lawful, necessary and proportionate for the law enforcement objective. Persons in custody are in an especially vulnerable position. The authorities have a clear duty under international human rights law to both respect and protect detainees and prisoners. Any use of force by custodial officials must respect the principles of necessity and proportionality. The UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules)6, provide both principles and practical rules for the use of restraints in prisons. Rule 82 states that “Prison staff shall not … use force except in self-defence or in cases of attempted escape, or active or passive physical resistance to an order based on law or regulations. Prison staff who have recourse to force must use no more than is strictly necessary.” 4 5 6 UN, Code of Conduct for Law Enforcement Officials, adopted by UN General Assembly resolution 34/169 of 17 December 1979 UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990 The UN Standard Minimum Rules for the Treatment of Prisoners [SMR], originally adopted by the UN Crime Congress in 1955, have been revised (and renamed) during 2010-15. The revised SMR – named the Mandela Rules – were adopted by the UN Commission on Crime Prevention and Criminal Justice on 21 May 2015 (E/CN.15/2015/L.6/Rev.1), and consequently adopted by the UN General Assembly, in December 2015. COMBATING TORTURE: THE NEED FOR COMPREHENSIVE REGULATION OF LAW ENFORCEMENT EQUIPMENT Amnesty International | Omega Research Foundation 5