74
Resource book on the use of force and firearms in law enforcement
It is good practice to equip law enforcement officials and their vehicles, while on patrol or during
operations, with radios operating at a frequency that is reserved for such police communications.
Radio communications of law enforcement are usually shielded from the public, and should be
recorded to allow for review and scrutiny after the event.
5.7. Procuring instruments of force
Issuance of weapons in a particular situation should be based on an assessment of local or
domestic threats, needs and policing objectives.
Prior to starting the procurement process, the requirements for the equipment needed must be
detailed and specified: what should it do, in what circumstance (short or long distance, against a
single individual or a crowd), and for which law enforcement objective? Where this is not well formulated in advance, there is the risk that manufacturers’ recommendations will be a major consideration in the process, at the expense of the actual needs of the particular law enforcement agency
or unit.158 Indeed, selection of instruments should be done independently from corporate interest.
Any new instrument of force should be thoroughly tested before being issued to the field; data
and information about capabilities and functions, as provided by manufacturers should not be
accepted without independent testing prior to the introduction of the instrument to the law
enforcement agency. States should establish a formal process for evaluating and assessing new
weapons, which should include:159
•
A needs analysis
•
Determination of operational requirements
•
Technical evaluation (what it can and cannot do, ease of handling, risks when
handling, reliability, accuracy, effectiveness)
•
Medical assessment of the particular health risks associated with each type of
“less-lethal weapon”
•
Human rights impact160
•
Operational performance trials161
It is good practice, during the trial phase, to consult medical experts, scientists, human rights
defenders and other relevant stakeholders.
The assessment should directly inform policy constraints on the situations in which the weapon can
be used, and associated training for the users. It is important to note that each type of weapon should
158
See Small Arms Survey, 2011, p. 88: “The proliferation of off-the-shelf less-lethal products sometimes encourages police agencies to procure weapons without considering whether the equipment is intended for individual
targeting or crowd control requirements. Whereas CS grenades are tacitly understood by police as a means to break
up unruly crowds indiscriminately, there is no official international standard on how other, more recent weapons
systems, such as kinetic launchers, should be used. In many cases, manufacturer recommendations substitute for
doctrine-led procurement.”
159
See College of Policing, Use of force, firearms and less lethal weapons, 2013.
160
See Omega Research Foundation (2011): “Without this it is difficult to ensure such weapons are compatible
with article 3 of the Basic Principles on the use of force and firearms, which states that “non-lethal incapacitating
weapons ... should increasingly restrain the application of means capable of causing death or injury to persons”;
i.e. that any weapon introduced should be less injurious than existing alternatives.”
161
The weapon should be tested in practice, by a sample of the entire law enforcement community, and clear
guidelines must be issued for their use. Devices must be suitable for use on the majority of people within the population, including both men and women, disabled, people that may be intoxicated and others that may be particularly
vulnerable.
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