A/HRC/30/34
companies’ service possibilities.95 Others, for example Chile, allow one firearm for each
private guard.
111. Private security companies are commonly required to have adequate infrastructure
for storing firearms and ammunition, for example for when guards go off duty. They must
also maintain a register of the entry and exit of firearms.
112. In the regulations reviewed, there is no mention of firearms acquired illegally or of
trade in unregistered weapons. There are also no infractions that sanction the acquisition or
carrying of illegally acquired firearms.
Use of force and firearms
113. The possession and carrying of firearms are restricted to those places where security
and guard services are provided by contract, and non-compliance with this leads to the
confiscation of the firearm and other sanctions as prescribed by law.96 Firearms must be
stored while guards are off duty.
114. All eight countries require training in the use of firearms, although requirements
differ from country to country. Firearm laws complement and provide details on the rules
governing the carrying and use of firearms. When laws on private security do not indicate
the maximum calibre, they mention general limits, such as “non-combat weapons” or “for
civilian use”.
115. Private security companies are subject to mechanisms of accountability like any
other entity. There are no norms that sanction the behaviour of their personnel more
severely than they do the behaviour of ordinary citizens. This, despite the fact that private
security personnel are individuals who are authorized to carry firearms, in most cases, and
act within the framework of the delegation of the legitimate use of force.
116. In most legislations, there are very few concrete regulations on the use of force and
firearms in the light of human rights standards. An outstanding practice is reflected in a
Brazilian regulation (2012) that sets out in detail a study plan for private security guards
that includes human rights.
Accountability for violations and remedies provided for victims
117. There are no specific procedures for human rights violations in the laws that were
reviewed. There is no mention of human rights violations in any of the sections that deal
with inspections and sanctions, and no mention of compensation for victims of violations.
118. Infractions are classified from less serious to very serious in most of the countries
reviewed. Established sanctions can range from a warning to fines, suspension and
cancellation of the operating permit. Infractions are primarily associated with noncompliance with formalities and requirements regarding permits and authorizations,
regulations that govern the possession and carrying of firearms, requirements on the use of
uniforms and installations, as well as acts and omissions in duties and non-respect of
prohibitions.
119. Colombian regulations state that private security providers must respect the public’s
basic rights and freedoms. 97 Providers of guard and security services have a duty to
cooperate with the Office of Surveillance and Private Security in its inspections and must
also establish internal control mechanisms. In the case of special services and community
95
96
97
20
Act No. 2535/1993, art. 11.
Act No. 1181 of Ecuador, art. 4, and Act No. 365 of Colombia, art. 97 (2).
Act No. 365/1994, arts. 72 and 74 (2).
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