7
is committing or is about to commit.26 In no case should the force used be
excessive in relation to the legitimate objective to be achieved.27 For example,
force that is likely to result in moderate or severe injury – including when
applied by less-lethal weapons – may not be used simply to obtain compliance
with an order by a person who is only passively resisting. At all times, law
enforcement officials should consider and minimize the possible incidental
impact of their use of force on bystanders, passers-by, medical personnel and
journalists. They shall not direct force against such persons, and any incidental
impact must be strictly proportionate to the legitimate objective to be achieved.
NON-DISCRIMINATION
2.11 In performing their duties law enforcement officials shall not discriminate
against any person on the basis of race, ethnicity, colour, sex, sexual
orientation, language, religion, political or other opinion, national or social
origin, disability, property or birth, or other similar criteria.28 In order to ensure
non-discrimination and de facto equal treatment of persons subject to the use
of force, a heightened level of care and precaution shall be exercised with
respect to individuals who are known or are likely to be especially vulnerable
to the effects of a particular weapon.29 Monitoring the use of force, including
with reference to appropriate information about those against whom force
is used, is a critical element in efforts to ensure that force is not used in a
discriminatory manner.
UNODC/OHCHR, Resource book on the use of force and firearms in law enforcement,
p. 18; Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions
(A/HRC/26/36), para. 66; Basic Principles, principle 5(a); Code of Conduct, Commentary
(b) on article 3.
27
Code of Conduct, Commentary (b) on article 3.
28
Code of Conduct, article 2. The principle of non-discrimination is considered customary international
law. It is also provided for in the Charter of the United Nations, the Universal Declaration of Human
Rights and all core human rights instruments, as in article 2(1) of the International Covenant on Civil
and Political Rights.
29
For example, in the United Kingdom, in the case of conducted electrical weapons, the
Defence Scientific Advisory Council Sub-Committee on the Medical Implications of Less-Lethal
Weapons advises that “individuals with heart disease, or who have taken certain prescription
or recreational drugs, may be more likely to experience adverse cardiac effects as a result
of Taser discharge”. Defence Scientific Advisory Council Sub-Committee on the Medical
Implications of Less-Lethal Weapons, “Statement on the Medical Implications of Use of the
Taser X26 and M26 Less-Lethal Systems on Children and Vulnerable Adults”, 2012, para. 77.
26
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