A/HRC/17/28*
94.
In some cases, the police are authorised to erect barriers and “may use such force as
deemed necessary, including the use of lethal weapons, to prevent someone from crossing
the barrier”.
95.
Where such special use-of-force regimes apply, the police are in effect given the
power to declare their own “mini states of emergency” in respect of the demonstration in
question, without any of the safeguards that normally apply to such a declaration.
Moreover, in such cases, the non-derogable right to life is, for all practical purposes,
suspended.
96.
In the majority of countries surveyed, the rules that regulate the use of force during
demonstrations are the same as those that apply to any use of force by the police. While this
is generally a healthier approach to follow, it does not necessarily mean compliance with
international standards in all cases. There are three sub-categories among these countries.
97.
In the first instance, in a large number of countries the standards applicable to the
general use of force by the police are vague and loosely defined, and do not provide clear
guidance. The following is a typical provision: “Any police officer may use such force as,
in the circumstances of the case, may be reasonably necessary.”
98.
The problem with such a provision when it sets a general standard for the use of
force is the same as where it is encountered in specific regimes for demonstrations, as
discussed above. While the standards often sound laudable in the abstract (and may, in
practice, copy the wording of part of the international standards), because there is no further
circumscription, they are imprecise enough as to be stretched to justify excessive use of
force.
99.
Where the term “necessary force” is used in such a context, the meaning is often
more aligned with the permissive implications of the international law term “all necessary
means,” than with the restrictive interpretation appropriate in cases where rights are limited
to ensure that only the minimum force required is used. Where this is the case, law
enforcement officers can, in effect, also create their own “mini states of emergency” in
respect of demonstrations.
100. In the second instance, there are countries where the norms regarding the general use
of force are clearly in violation of international standards. In one country, firearms may be
used for a variety of reasons by the Internal Security Forces, including “at the behest of the
administrative authority” and “to defend their positions.”
101. In the third instance, there are countries that comply, or substantially comply, with
the international standards.
102. In some, but not all, countries, there is an automatic system of enquiry as to whether
firearms should be used during demonstrations.
103. It may be concluded from the foregoing overview that domestic legal dispensations
in respect of the deadly use of force during demonstrations in a significant percentage of
countries do not comply with international standards.
Equipment, logistics and training
104. Countries also face practical challenges in dealing with demonstrations. In one
country, a former policeman who was interviewed drew attention to the lack of equipment,
such as less-than-lethal weapons: “If policemen are carrying live rounds, and that is all they
have, they are going to use it sooner or later when they face hostile crowds.” A number of
people interviewed stressed the fact that police who do not have the necessary protective
gear will, understandably, resort more easily to the use of lethal force or firearms to defend
themselves. An interviewee with practical experience in Northern Ireland commented on
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