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6. USE OF FORCE IN SPECIFIC SITUATIONS
6.1 DURING ARREST
6.1.1 Force is often used by law enforcement officials during the course of an
arrest. Force should be used only when it is necessary. The force used in
the course of an arrest should be proportionate to the objective sought and
the resistance faced. Arrest shall be carried out only for a legitimate law
enforcement objective. In the case of a person fleeing arrest, particular
attention must be given to the principle of proportionality; the degree of force
used to prevent the escape must be balanced against the seriousness of the
threat posed by the person fleeing.66 Once the need for force has passed, no
further force is lawful. Arrest and detention shall never be used to justify the
excessive, abusive or punitive use of force or any form of cruel, inhuman or
degrading treatment or punishment.
6.1.2 The use of a law enforcement official’s body (in particular, hands or arms)
and instruments of restraint, such as handcuffs, is not covered by the present
Guidance. The general principles on the use of force that apply to less-lethal
weapons and related equipment apply to these means also.
6.1.3 Any police dogs present during an arrest shall be properly trained. They
should be under the effective control of their handlers at all times, including
when they are not on a leash.67 Police dogs may cause serious injuries to a
victim. There is also a risk of secondary infection from dog bites.68
See for example European Court of Human Rights, Nachova and others v. Bulgaria,
Judgment, 6 July 2005, paras. 95, 99; OHCHR, Human Rights and Law Enforcement:
A Manual on Human Rights Training for Law Enforcement Officials, chap. 6.
67
UNODC/OHCHR, Resource book on the use of force and firearms in law enforcement, p. 84.
68
See for example P.C. Meade, “Police and domestic dog bite injuries: What are the differences?
What are the implications about police dog use?”, Injury Extra, vol. 37, No. 11 (November
2006), pp. 395–401.
66
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