“proportionality”62. More recently, the National Council on Human Rights (CNDH) has recommended the adoption of
new measures to regulate the use of less lethal weapons in the national penitentiary system, including guidance to
clarify the types of less lethal instruments that the security forces are allowed to carry and circumstances in which
their use is authorised63.
A comprehensive analysis of the strengths and weaknesses of existing Brazilian use of force regulations is well beyond
the scope of this report. Nevertheless, Omega supports calls to develop additional more detailed guidance on the use
of law enforcement equipment and weapons by Brazilian police and prison officials. Any additional regulations should
not only reflect broad use of force principles, such as the need for proportionality and necessity but also provide more
detailed guidance which takes into consideration the specific technical capabilities and risks associated with all types
of equipment used by law enforcement officials, including the issues highlighted in the section above.
Recommendations
Omega calls on relevant national authorities in Brazil to:
•
Ensure that domestic legislation, protocols and guidelines governing the use of force and
firearms and all other law enforcement equipment comply with international human rights
laws and standards; that these standards are effectively implemented by officials exercising
law enforcement duties; that civil society organisations are invited to actively participate in
any process designed to amend these standards; and that there is independent oversight and
accountability for any abuses.
Omega calls on monitoring bodies tasked with visiting places of detention and/or monitoring the
public use of force to:
•
Provide their members with the training and information necessary to accurately document use
of force incidents and allegations, including details of the equipment used. This may include the
development of a standardised list of equipment and common abuses to look out for.
22
3.
MANUFACTURE,
SELECTION
AND TESTING
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