A/HRC/32/36/Add.1
31.
Protocol 2.17 appropriately governs the use of firearms and considers it an extreme
measure. Firearms are permitted only under exceptional circumstances, when there is an
immediate threat to the life of or grave bodily injuries to a police officer or another person
(self-defence). Other less serious means must be exhausted before opening fire and a
balance between the means employed and the protection of a legitimate aim must be
achieved.
32.
The protocols contain a number of references to the training of law enforcement
officers, but not in a consistent and detailed manner. A section should be specifically
devoted to this critical aspect, with emphasis on the need to provide periodic training to law
enforcement officers on the lawful use of force, in general, and on the weapons authorized,
in particular. Law enforcement officers should be tested regularly on such use and on their
psychological ability for this purpose. Officials who fail the tests should not be deployed to
protest sites.
33.
Finally, the Special Rapporteur notes with concern the statement made by the
General Director of the Carabineros during their meeting that the lives of police officers
were the most important element to consider during operations when preserving public
order. The Special Rapporteur stresses that the physical and psychological integrity of
demonstrators, human rights monitors and bystanders is equally important and every effort
must be made to guarantee such integrity.
Monitoring
34.
With regard to the monitoring of assemblies, the Special Rapporteur welcomes the
fact that the police protocols recognize the important role of INDH in this regard. 13 He
considers it good practice that INDH representatives are permitted inside police vehicles to
monitor the detention of individuals. The protocols, however, do not foresee a role for
independent civil society organizations engaged in monitoring activities complementary to
those of INDH. He calls upon the authorities to grant more importance in the protocols to
the crucial work of independent civil society actors in that respect, while preserving the
current important role of INDH.
35.
Another issue of concern relates to the requirement for media workers to hold a
journalist licence or to be employed by a media company in order to be allowed to cover
assemblies.14 The Special Rapporteur finds this requirement unduly restrictive as freelance
journalists, community radio journalists, bloggers and citizen journalists — basically
anyone using a smartphone — should not be prevented from monitoring assemblies. Social
media are a crucial tool in democratic societies for upholding good governance and holding
officials accountable.
36.
Furthermore, the protocols require that those monitoring assemblies remain at a
distance from the police operations area.15 Failure to respect such distance will lead to the
detention of the monitors. The Special Rapporteur deems this provision vague, which may
restrain or prevent monitors from undertaking their important work.
Lack of practical guidance
37.
More importantly, the Special Rapporteur expresses general concern about the lack
of practical guidance on how to implement the police protocols and monitor their
13
14
15
8
See Carabineros de Chile, Protocolos para el mantenimiento del orden público (Police protocols for
maintaining public order), March 2013, protocol 5.1.
Ibid., protocol 5.2.
Ibid., protocol 5.3.
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