10
Resource book on the use of force and firearms in law enforcement
•
A section specifying the chain of command, operational decision-making at the scene
of the operation, as well as control and oversight procedures
•
A section on training requirements
•
Storage of/access to instruments limited to the use of police and related responsibilities
•
A feedback mechanism and lessons learned to improve SOPs
It is good practice to share regulations and SOPs with the public, for example by publishing them
on any relevant institutional website. This increases public awareness of agency policies and permits law enforcement officials to demonstrate compliance with their own operational
framework.17
Non-compliance with regulations, SOPs and the code of conduct may amount to “neglect of
duty” and have disciplinary repercussions. These instruments should therefore be written in
plain language that is easily understood and unambiguous. Law enforcement officials need to
know and understand the standards they are supposed to comply with, which is usually imparted
through training.18 It is good practice that such training is conducted on a regular basis for new
recruits as well as all active law enforcement officials to ensure that their knowledge and practice
is current. It is recommended that all officials have personal access to the regulations, SOPs and
codes of conduct, and be provided with a copy.
All the above provides guidance to law enforcement officials as they carry out their work. On a
day-to-day basis they get instructions and briefings from their supervisors, based on the operation plans prepared, on how to approach a particular event, prepare for a specific operation, or
for their daily patrols. During specific operations, there is also likely to be real-time command
and control.
It is important that different laws, policies and regulations are consistent with each other,19 and
that the daily instructions given to a law enforcement official, on the basis of which he or she
operates, accord with the regulations, which in turn accord with the domestic legal framework,
and that this law itself is in compliance with international human rights law.
Responsibility for drafting and reviewing regulations, developing training, and establishing planning processes and instructions is usually placed with either the Ministry of Interior or its equivalent, and sometimes directly with the law enforcement agency. In some federal States, for
example Argentina, Mexico and the United States, the competence to draft regulations for
many law enforcement functions and powers, such as the power to use force, are placed at the
state level. Whichever may be the case, the obligations of the State under international human
rights obligations should be observed. All of these steps should also be kept under review by
relevant independent domestic oversight bodies, which may include the Parliament and national
human rights institutions.
17
Or other publication channels as available in the country. It is important to note that not all SOPs may be
appropriate for publication due to the sensitive information they may include.
18
See Guidelines for the Effective Implementation of the Code of Conduct for Law Enforcement Officials. See also
OHCHR, Human Rights and Law Enforcement, A Manual on Human Rights Training for Law Enforcement Officials, 2017.
19
Samuel Walker and Carol Ann Archbold, The New World of Police Accountability, Sage Publications,
United States, 2014.
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