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
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