9 3.3 Monitoring, reporting and transparency are essential components of accountability. Law enforcement officials should be identifiable, for example by wearing nametags or individually assigned service numbers. All weapons33 (and, where feasible, ammunition, munitions, batons and projectiles) should be uniquely marked. Accountability is further facilitated by keeping a record of the equipping of law enforcement officials with less-lethal weapons, combined with the prompt, comprehensive reporting of incidents where officials have used force.34 In this regard, States should consider requiring all law enforcement agencies to document every use of force involving lesslethal weapons or related equipment. 3.4 In the event of injury, a report should contain sufficient information to establish whether the use of force was necessary and proportionate, and should set out the details of the incident, including the circumstances; the characteristics of the victim; the measures taken to avoid the use of force and to de-escalate the situation; the type and manner of force employed, including specific weaponry; the reasons for the use of force, and its effectiveness; and the consequences. The report should conclude whether the use of force was lawful and, in any event, should identify any lessons learned from the incident. 3.5 Where death or injury is caused by the use of a less-lethal weapon or related equipment by a law enforcement official, the incident shall be reported promptly to the official’s superiors.35 This obligation also applies to any private security company undertaking law enforcement activities. All deaths and injuries resulting from the use of less-lethal weapons or related equipment — and not only where they result from an apparently or potentially unlawful use of force or a breach of the present Guidance — should be reported without delay to a judicial or other competent authority. This independent authority According to article 8 (1) of the 2001 Firearms Protocol, for example, each State party is required, at the time of manufacture of each firearm, to require “unique marking providing the name of the manufacturer, the country or place of manufacture and the serial number”, or any alternative marking “with simple geometric symbols in combination with a numeric and/or alphanumeric code” that permits “ready identification by all States of the country of manufacture”. 34 OHCHR, Human Rights and Law Enforcement: A Manual on Human Rights Training for Law Enforcement Officials (forthcoming), chap. 5. 35 Basic Principles, principles 6 and 22, 1990. Principle 22 further provides that, in cases of death or serious injury, or other grave consequences, a detailed report shall be sent promptly to the competent authorities responsible for administrative review and judicial control. 33

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents