20 Resource book on the use of force and firearms in law enforcement • Ensure that assistance and medical aid are rendered to any injured or affected persons at the earliest possible moment. • Ensure that relatives or close friends of the injured or affected person are notified at the earliest possible moment. • Report promptly to superiors any injury or death caused by the use of force or firearms by law enforcement officials. • Establish effective reporting and review procedures for all incidents of serious injury, or use of firearms. • In cases of death and serious injury or other grave consequences, a detailed report should be sent promptly to the competent authorities responsible for administrative review and judicial control. • Before using firearms, law enforcement officials should identify themselves as such and give a clear warning of their intent to use firearms, with sufficient time for the warning to be observed, unless to do so would unduly place the law enforcement officials at risk or would create a risk of death or serious harm to other persons, or would be clearly inappropriate or pointless in the circumstances of the incident. 1.6.  Use of firearms The use of firearms is always potentially lethal, and law enforcement officials should abide by the highest standards of care in resorting to their use. Moreover, the use of firearms may harm third persons present at the scene of the operation. Indeed, in order to protect the right to life, law enforcement officials should make every reasonable effort to exclude the use of firearms. The Code of Conduct emphasizes that this is especially the case against children and this is also reconfirmed by the United Nations Model Strategies and Practical Measures on the Elimination of Violence against Children in the Field of Crime Prevention and Criminal Justice (United Nations Model Strategies).55 As with any use of force, the principles of legality, necessity, proportionality, precaution, nondiscrimination and accountability apply. The Human Rights Committee has noted that States should provide for legal guidance on the use of firearms and prevent arbitrary killings and extrajudicial or summary executions by their security forces.56 In case of any incident involving death or (serious) injury caused by use of firearms by law enforcement, authorities should conduct effective, prompt, independent and impartial investigations. These investigations should seek to evaluate responsibility for unlawful behaviour but also study patterns, identify their causes and take action as to eradicate them.57 Principle 7 of the BPUFF states that Governments shall ensure that arbitrary or abusive use of force and firearms by law enforcement officials is punished as a criminal offence under their law. To avoid such unlawful or arbitrary use of firearms, laws should provide proper guidance for the use of firearms, including by setting strict conditions for their use. Relevant authorities also should 55  See United Nations Code of Conduct, Commentary to article 3. See also the United Nations Model Strategies (A/RES/69/194, 18 December 2014), which urge Member States to “[t]o prohibit the use of firearms, electric shock weapons and violent methods to apprehend and arrest children, and to adopt measures and procedures that carefully limit and guide the use of force and instruments of restraint by the police while apprehending or arresting children”. 56  See Human Rights Committee, 1982 General Comment No. 6 on the Right to Life, para. 3. 57  See Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, 24 May 1989.

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