A/HRC/30/34
logos and vehicle colours similar to those used by the police or armed forces cannot be
used. Using and carrying weapons without proper authorization are also prohibited.
60.
A common prohibition concerns activities reserved for the police and armed forces.
Costa Rican law prohibits the act of “appearing to or replacing the role played by the
administration or judiciary, or interfering in their work”, as well as the provision of services
in prisons.33 El Salvador prohibits investigations that are the exclusive competence of the
Public Prosecutor’s Office or the national police.34 Guatemalan law is the most detailed and
provides that private security cannot assume functions that are the tasks of the
Government.35 Mexican law prohibits private security personnel from doing work entrusted
to the public prosecutor and the police, such as obtaining background information on
persons.36 Honduras prohibits the use of installations or equipment of the national police for
training persons or companies providing private security.
61.
Several countries include prohibitions that could be related to activities of a military
nature or to militias or mercenaries. In Costa Rica and El Salvador, the law prohibits the
existence or functioning of any type of armed private group that is unauthorized and does
not comply with legal requirements.37 Honduras prohibits Hondurans or foreigners from
training or conducting drills for the purpose of providing private security services abroad.38
Costa Rican law prohibits detaining, interrogating, requisitioning or sequestering, violating
a person’s honour and physical integrity, intercepting correspondence and interfering with
communications. Mexican law, which contains a prohibition linked to compliance with
international human rights standards, provides that security services must avoid, at all
times, committing, tolerating or permitting acts of torture and mistreatment, as well as
cruel, inhuman or degrading acts, even when in execution of an order of a superior or in
supposedly special circumstances, such as threats to public security. 39 Similarly, Costa
Rican regulations state that in no circumstances may simple obedience be invoked as
justification or impunity for torture or other treatment or cruel, degrading or inhuman
punishment.40
62.
Costa Rica and Honduras have specific regulations that limit the number of staff
employed by private security companies. Costa Rica prohibits such companies from
maintaining a number of security guards that equals more than 10 per cent of the
membership of the police force, by type of service.41 Honduran law states that the number
of guards they employ cannot be more than 6 per cent of the national police force.
Considering the growth of private security activities in the region and the high number of
security personnel compared to the police, this law is considered to be a good practice.
Rules on the acquisition of weapons
63.
There are no special provisions on the origin and acquisition of weapons in most of
the countries reviewed. In seven of the countries, the acquisition by private security
companies of weapons in illegal national or international markets is not regulated, while
33
Act No. 8395/2003, art. 45 (h) (I).
Act No. 227/2000, art. 49 (k).
35
Act No. 51/2010, art. 59.
36
Mexican federal law of 18 October 2011, art. 5 (III).
37
Act No. 8395/03, art. 6, and Act No. 227, art. 60, respectively.
38
Act No. 67/2008, art. 140.
39
Mexican federal law, art. 32 (X).
40
Regulation No. 33128, art. 29 (3).
41
Act No. 8395/2003, art. 19.
34
12
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents