A/HRC/31/66
by officers.48 Proper record keeping of decisions made by command officers at all levels is
also required. Law enforcement officials must be clearly and individually identifiable, for
example by displaying a nameplate or number. In addition, there should be a clear system
of record keeping or register of the equipment provided to individual officers in an
operation, including vehicles, firearms and ammunition.
66.
As a general rule, the military should not be used to police assemblies. In
exceptional circumstances where this becomes necessary, the military must be subordinate
to civilian authorities.49 The military must also be fully trained in, adopt and be bound by
international human rights law and principles, as well as any law enforcement policy,
guidelines and ethics, and be provided with any other training and equipment necessary. In
order to comply with these requirements, the State must put measures in place far in
advance, should such a situation arise later.
67.
Practical recommendations:
(a)
States should ensure that law enforcement officials have the equipment,
training and instructions necessary to police assemblies wherever possible without
recourse to any use of force;
(b)
Tactics in the policing of assemblies should emphasize de-escalation
tactics based on communication, negotiation and engagement. Training of law
enforcement officials should include pre- and in-service instruction in both classroom
and scenario-based settings;
(c)
Before the selection and procurement of equipment, including for lesslethal weapons, by law enforcement agencies for use in assemblies, States should
subject such equipment to a transparent and independent assessment to determine
compliance with international human rights law and standards. In particular,
equipment should be assessed for accuracy, reliability and its ability to minimize
physical and psychological harm. Equipment should be procured only where there is
sufficient capacity to train officers effectively on its proper use;
(d)
Specific regulations and detailed operational guidance should be
developed and publicly disseminated on the use of tactical options in assemblies,
including weapons, which, by design, tend to be indiscriminate, such as tear gas and
water cannons. Training must encompass the lawful and appropriate use of less-lethal
equipment in crowds. Law enforcement officials should also be properly trained on
protective equipment and clearly instructed that such equipment should be used
exclusively as defensive tools. States should monitor the effectiveness of the training in
the prevention of abuse or misuse of weapons and tactics;
(e)
Automatic firearms should not be used in the policing of assemblies
under any circumstances;
(f)
Autonomous weapons systems that require no meaningful human
control should be prohibited, and remotely controlled force should only ever be used
with the greatest caution;
(g)
States should develop comprehensive guidelines on the dispersal of
assemblies in accordance with international human rights law and principles. Such
guidelines should be made public and provide practical guidance to law enforcement
officials detailing the circumstances that warrant dispersal, all steps required to be
48
49
Principles 24-26 of the Basic Principles.
Commentary to article 1 of the Code of Conduct.
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