Basic Principles on the Use of Force and Firearms by Law Enforcement Officials
52. The Basic Principles on the Use of Force and Firearms by Law Enforcement Officials
were adopted by the Eighth United Nations Congress on the Prevention of Crime
and the Treatment of Offenders in 1990. The Principles take into account the
often dangerous nature of law enforcement, noting that a threat to the life
or safety of law enforcement officials is a threat to the stability of society as a whole.
At the same time, strict standards are set forth for the use of force and firearms.
The Principles emphasize that force may be used only when strictly necessary,
and only to the extent required for the performance of legitimate law enforcement functions.
Basic Principles on the Role of Lawyers
53. The Basic Principles on the Role of Lawyers were adopted by the Eighth United Nations
Congress on the Prevention of Crime and the Treatment of Offenders in 1990.
Principles 5 to 8 concerning special safeguards in criminal justice matters are relevant
to this Manual. These include the right to be informed of access to a lawyer upon
arrest or detention or when charged with a criminal offence; the right to be provided
with counsel; the right to prompt access to a lawyer after arrest or detention; and the
right for arrested, detained or imprisoned persons to have adequate opportunities,
time and facilities to be visited by and confidentially communicate and consult with
a lawyer.
Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power
54. In its legislative activities, the United Nations has also dealt with the important
issue of victims' rights. To this end, the General Assembly, in November 1985,
adopted the Declaration of Basic Principles of Justice for Victims of Crime and Abuse
of Power. The Declaration includes the requirements that States ensure that victims
have access to justice; that they be treated by the legal system with compassion; that
restitution be made where possible; that compensation be provided when restitution
is not possible; and that victims receive medical, material, psychological and social aid.
Principles of Medical Ethics relevant to the Role of Health Personnel,
particularly Physicians, in the Protection of Prisoners and Detainees against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
55. By its resolution 37/194 of 18 December 1982, the General Assembly adopted the
Principles of Medical Ethics relevant to the Role of Health Personnel, particularly
Physicians, in the Protection of Prisoners and Detainees against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment. The Principles address
many gross violations of medical ethics by physicians and other health personnel
with regard to prisoners and detainees. These include, among other things, actively or
passively engaging in acts which constitute participation in, complicity in, incitement
to or attempts to commit torture or other cruel, inhuman or degrading treatment
or punishment.
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