ESSEX PAPER 3: INITIAL GUIDANCE ON THE INTERPRETATION AND IMPLEMENTATION OF THE UN NELSON MANDELA RULES
The Inter-American Commission on Human Rights has clarified that:
‘In cases of flight or escape of persons deprived of their liberty, the State must employ all
non-lethal means at its disposal to recapture the offenders and may only use lethal force
in cases of imminent danger in which prisoners attempting to escape react against prison
guards or third parties with violent means that threaten their lives. Therefore, there is no
ethical or legal justification for a so-called ‘escape law’ legitimizing or empowering prison
guards to automatically fire on prisoners attempting to escape.’448
‘In every instance in which a firearm is discharged’ a report needs to be made promptly to the
competent authorities.449
Moreover, Basic Principle 11 specifies that rules and regulations on the use of firearms should
include guidelines, which:
‘(a) Specify the circumstances under which law enforcement officials are authorized to carry
firearms and prescribe the types of firearms and ammunition permitted;
(b) Ensure that firearms are used only in appropriate circumstances and in a manner likely to
decrease the risk of unnecessary harm;
(c) Prohibit the use of those firearms and ammunition that cause unwarranted injury or present
an unwarranted risk;
(d) Regulate the control, storage and issuing of firearms, including procedures for ensuring that
law enforcement officials are accountable for the firearms and ammunition issued to them;
(e) Provide for warnings to be given, if appropriate, when firearms are to be discharged;
(f) Provide for a system of reporting whenever law enforcement officials use firearms in the
performance of their duty.’
These provisions would seem to have a broader applicability, and could usefully be extended to
apply to all weapons used by state officials, not just firearms.’450
Complaints
Rules 56 and 57 stipulate the right of prisoners to issue requests and complaints. The Essex group
discussed the following questions:
•
Who can issue a complaint?
•
How are prisoners informed about them?
•
What are the types and contact points of complaints?
•
What is the distinction between request and complaint?
•
When is a complaints procedure effective?
•
How are prisoners protected against reprisals?
The Essex group highlighted various issues for further deliberation including: the different types of
request and complaints, in particular the interlinkages with external and independent complaints
IACHR Report on Honduras, para. 237.
448
Commentary to Article 3 of the UN Code of Conduct on Law Enforcement Officials, adopted by General Assembly
resolution 34/169 of 17 December 1979.
449
UN Code of Conduct for Law Enforcement Officials, adopted by General Assembly resolution 34/169 of 17 December
1979.
450
Penal Reform International and the Essex Human Rights Centre
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