44
Resource book on the use of force and firearms in law enforcement
Anyone in a supervisory role bears responsibility for the conduct of his or her staff, and he or she
should hold those who report to them accountable for their actions and decisions. This is
captured in principle 24 of the BPUFF:
“Governments and law enforcement agencies shall ensure that superior officers are
held responsible if they know, or should have known, that law enforcement officials
under their command are resorting, or have resorted, to the unlawful use of force and
firearms, and they did not take all measures in their power to prevent, suppress or
report such use.”
Supervisors can only exceptionally claim that they had no knowledge of the unlawful conduct of
their staff as the assumption is that a line manager, as part of their supervisory functions, should
be aware of the conduct of those under their command. The superior thus bears responsibility
for such unlawful conduct as long as they had a reasonable opportunity to prevent the act.114
Furthermore, the superior is also responsible for reporting wrongdoings by those under their
command and for taking all necessary and adequate steps to punish those in violation of rules
and procedures.
MANAGEMENT ACCOUNTABILITY IN JAMAICA
The Independent Commission of Investigations (INDECOM) of Jamaica emphasized:
“Central to the state’s observance of the right to life must be the conduct of the supervisors
of state agents who are often called upon to decide whether to take a life. It falls to those in
command to lead in a manner that fosters observance of, and respect for human rights. This
must include training and equipping, as well as reviewing conduct and facilitating independent
investigation. A good measure of the efficacy of command officers is their conduct of planned
operations”.a
The Commission recommends that, in appropriate cases, commanders and supervisors are held
accountable and, in some cases, “be suspended from duty pending the completion of investigations
which would necessitate that divisional commanders desist participation in the conduct of reviews
of their own action”.b
a
See INDECOM Jamaica, “Command Responsibility for the Use of Force,” INDECOM's Special Investigations 2014 and
Annual Financial Reports, 2014, p. 13: http://indecom.gov.jm/reports.htm
b
Ibid., p. 7.
It is good practice to distinguish between strategic, tactical and operational command positions,
as each of these comes with its own particular responsibilities and authorities—(also referred to
as senior, middle, and lower command, or management.115
114
See Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary
Executions, principle 19.
115
In the United Kingdom, for any operation, a system is used consisting of Gold (strategic), Silver (operational
command) and Bronze (implementation) commanders. The role of the Gold commanders, of which there is only
one per operation, is not just setting the strategic parameters, but also monitoring decisions taken by Silver and
“keeping an operational audit of key decisions regarding communications with stakeholders and mobilising resources.”
(Punch, 2011). See College of Policing (2013): Command structures: https://www.app.college.police.uk/app-content/
operations/command-and-control/command-structures/
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