Aadel Collection
Monitoring and Investigating Excessive Use of Force
Monitoring and nvestigating
Excessive Use of Force
Amnesty International and CODESRIA
Amnesty International
Council for the Development of
Social Science Research in Africa
© Amnesty International and CODESRIA 2000
Amnesty International Dutch Section, Keizersgracht 620, P0 Box 1968,1000
BZ Amsterdam, The Netherlands
Council for the Development of Social Science Research in Africa
Avenue Cheikh Anta Diop Angle Canal IV, BP 3304 Dakar, Senegal
ISBN 2 86978-09G7
Cover painting designed by Lawson B. Sworh
Printed in Great Britain by Russell Press Ltd, Basford
Distributed by
Amnesty International Dutch Section, Keizersgracht 620, P0 Box, 1968,
1000 BZ Amsterdam, The Netherlands
Fax: 31 02G624 08 89 Email: amnesty@amnesty.nl
web site: www.amnesty,nl
and
African Books Collective, 27 Park End Street, Oxford, OX1, 1HU UK
Fax: 44 0 1 865 793298 Email: abc@dial.pipex.com
web site: www.africanbookscollective.com
Editorial Advisory Committee
Sulaiman Adebowale
Agnes Callamard (Writer)
David Anthony Chimhini
Aminata Dieye
Casey Kelso
Bruno Lokuta Lyengo
Kathurima M'Inoti
Carolyn Norris
Ebrima Sail
Rojatu S. Turay Kanneh
Peter van der Horst (Project manager)
Contents
I. Definition and examples of excessive use of force
1 When can law enforcement officials use force? .... . ...... . ....... . ....... . ....... . ........ 5
2. So what does “excessive” mean 7 7
3. When can law enforcement officials use firearms? 9
4. What about demonstrations 7 11
5. What should happen after an alleged case of excessive use of force 7 14
How to monitor excessive use of force
1. Collect legal information 15
2. Collect information on the security forces 16
3. Record and follow up individual cases 18
Sample form for recording information on excessive use of force ............ 19
4. Identify patterns 24
IlL How to conduct fact-finding
1. Preparing for the investigation: Get the facts ........................................... 25
2. Going to the scene and other locations 25
3. Preparing before monitoring a public demonstration or assembly 27
4. Identify the main sources or information and evidence 28
IV. How to assess information
1. Reliability of the initial source 31
2. Consistency with patterns 31
3. Consistency of medical evidence [[[ . 31
4. Reliability of the testimonies 31
5. Assessing the responsibility of the government 32
Annexe One: Key questions guiding the investigation and assessment ...... 33
Annex Two: Principle of proportionality 37
Annex Three: Some international and regional standards 40
Annex Four: Basic principles on the use of force and firearms by law
enforcement offici
L Definft on and examp es of excess ve use of force
1. When can aw enforcement offic a s use force?
Under exceptional circumstances only
Law enforcement officials throughout the world may have
to use force in the course of their duties. But unlike many
of the activities for which law enforcement officials are
responsible (e g. traffic control, conducting an arrest, etc ),
the use of force should always remain exceptional.
As a matter of fact, the use of force by law enforcement
officials is strictly regulated and limited, or ought to be,
by domestic laws, Such laws may differ from one country
to the next, and you should make yourself familiar with
them.
The international community has also sought to
establish general principles that should be observed by law
enforcement officials throughout the world and that may
guide the regulations established by domestic law. These
principles are embodied in two documents: the United
Nations Code of Conduct for Law Enforcement Officials
(1978) and the UN Basic Principles on the Use of Force
and Firearms by Law Enforcement Officials (1990).
According to these international standards, force of any
kind should only be used exceptionally: in other words,
the use of force should not be the norm but the exception.
Law enforcement officials may use force only:
• when strictly necessary
• to the extent required for the performance of their
duty, including
to prevent crime
> to effect or assist in the lawful arrest of suspected
offenders
• after all non—violent methods available have been used
hut have remained ineffective
The use of force beyond these limits is characterised as
“excessive”.
UKWELJ: Mon tonng and DocumenUng Human RHghts VHo at ons n Afnca
Lefs look at the various elements composing this
definition:
• strictly necessary: A possible way to interpret this
expression is the following: it is reasonable to assume
that, under the circumstances, law enforcement
officials had no alternati e but to use force. No force
going beyond that may be used.
• to the extent required for the performance of
officers' duties: These duties include: to present
crimes, to effect a lawful arrest. Broadly speaking, a
crime may be defined as all those activities prohibited
by criminal law, It should be the responsibility of the
law enforcement officials to demonstrate that the
activities they were trying to prevent constituted a
“crime” in accordance with the law in force in the
country. Conducting an arrest will be lawful if the
required procedure has been followed, such as, in many
cases, obtaining an arrest warrant.
• after all non violent methods have been tried:
this is pretty straightforward. Non violent methods
may include: spending time trying to convince someone
to surrender or to stop acting in an unlawful way,
talking to individuals, etc. All such methods should
be included in internal guidelines or regulations
regarding policing or security operations.
Some national states and NGOs have sought to define the
limits imposed on the use of force through the principle
of proportionality. (See Annexe One for details.)
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2. So what does “excessive” mean?
The use of force may be described as “excessive” when it
will go beyond the limits identified by the above principles,
that is:
When the law enforcement officials' objectives were
unlawful.
Example: In the course of the arrest of Mr Tambo, the
three police officers involved broke his arm. The police
officers had broken into Mr Tambo's house. When he
requested to see their warrant, he was thrown to the floor
and kept there with his arms held behind his back. He
suffered a broken arm as a result of the violence used.
According to the human rights organisation that
investigated the incident, the police officers had no basis
for breaking into Mr Tambo's house, arresting him and
using force against him. Mr Tambo was later released
without any charges. He filed a complaint against the
police officers the same day, alleging unlawful arrest and
excessive use of force. The case is currently pending in
court,
When the offence committed was not serious enough
to mandate such a strong reaction on the part of the
authorities, or did not constitute an offence at all
under national criminal law or international human
rights principles.
For instance, the use of force will be characterised as
excessive if a suspect is offering no or little resistance to
the law enforcement officers, or if the force used by the
police officers is “too much” in relation to the situation,
the nature of the offence and the resistance encountered.
Example: On 8 July, Mr Flomo was arrested for a
speeding offence. He was so badly beaten by the officers
who arrested him that he had to spend several weeks at
the hospital, suffering from concussion and a broken leg.
The police maintained that Mr Flomo resisted arrest and
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that they had no other ways available to proceed with
the arrest. But Mr Flomo was unarmed, and he was
alone. He also denied resisting arrest. His case was
brought to court. The judge ruled that even if Mr Flomo
had, indeed, resisted arrest, the extent and the nature
of the beating was clearly unwarranted and
disproportionate to the nature of the offence and the
circumstances.
When law enforcement officials did not try to use all
other non violent or less violent means available to
them.
Example: On 6 September, Mr Omoni, heavily drunk,
was behaving in an aggressive manner on the street.
According to eyewitnesses, the two police officers called
on the scene immediately wrestled Mr Omoni to the
ground and held him by the neck for a long period of time.
Mr Omoni died a couple of hours later, in the police
station. According to the autopsy performed later, Mr
Omoni s death resulted from the restraining technique
used by the law enforcement officers.
When domestic laws, internal regulations, or
superior's instructions have failed to identify the
limits for the performance of law enforcement
officials' duties,
Example: According to human rights organisations and
medical doctors, the restraining technique used against
Mr Omoni (see case above) should be outlawed because
it causes unnecessary suffering and may result in the
death of the offender. Following Mr Omoni's death and
two previous ones in the last five years resulting from
the use of this technique, several organisations have
formally requested that the state intervene and impose
strict limits on the use of this technique by law
enforcement officers.
When law enforcement officials did not abide by the
procedures established by domestic laws, internal
regulations, or their superiors.
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Example: Three police officers were suspended from
duties yesterday, following allegations that they used
pepper spray against Ms Odengu, whom they were
trying to remove from a bar where she was causing a
disturbance. The use of pepper spray has been outlawed
by a court order because of the extent of the suffering it
causes.
When domestic laws, internal regulations or
instructions from superiors encourage or allow the
use of force when it is reasonable to assume that it
should not be used.
Example: By order of the Head of State, the police force
has been instructed to use any means necessary to
ensure that the mining workers, striking for safer work
conditions, are removed from the road leading to their
factory where they have been demonstrating for the last
24 hours.
Example: Many cases of excessive use of force are
reported in circumstances involving security forces
whose officers had not been trained, or had not recei ed
the appropriate training, or were not trained or meant
to address certain situations: for instance, sending
military forces to deal with civilians or crowd control.
3. When can aw enforcement offic a s use firearms?
The use of firearms is among the most potentially deadly
type of force. This is why, again, the international
community has developed principles to regulate their use
by law enforcement officials: the UN Basic Principles on
the Use of Force and Firearms by Law Enforcement
Officials (1990).
a. The principles
• The use of firearms is considered as an extreme measure
and every effort should be made to exclude their use
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• Firearms should only be used after less extreme
measures have been used but have not been successful
• Firearms should only be used for the following
purposes
in self defence or the defence of others against an
imminent threat of death or serious injury
to prevent particularly serious crime involving
grave threat to life
to arrest a person who poses a grave threat to life,
who resists authority or attempts to escape
• The use of firearms should not be lethal: Law
enforcement officers are required to use firearms in a
manner which minimises injury and respects human
life: intentional lethal force is only permitted when
strictly unavoidable in order to protect life .
• The use of firearms beyond these limits is
characterised as “excessive”.
b. The investigation
Broadly speaking, investigation on the use of firearms may
focus on two main issues: the methods used and the
purposes.
The focus on methods used requires us to consider:
• what happened before the law enforcement officials
used their firearms and whether they tried to use other
(less lethal) methods
• the type of weapon used
• how it was used: Le. did law enforcement officials
appear to aim at the offenders' vital organs?
The focus on the purposes requires us to consider whether
anyone s life was at risk, be they: the law enforcement
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officials themselves, other individuals at the scene (e g.
passers by), individuals who were not on the scene but
whose life may have been at risk (for instance, if the
suspects were to evade arrest).
Let's consider the case described below. While the use of
firearms may have been legitimate from the perspective
of the purpose (especially considering that many people
had already died and more were likely to die because of
the inter communal conflict), the methods used by the law
enforcement officials were clearly excessive and
disproportionate as compared to the objectives of the
security forces (maintaining peace and order). They do not
appear to have attempted to use other methods or
weapons, and they relied on weapons which are
indiscriminate by their nature and effects.
Example: On 9 August 1996 violence resulting from an
inter communal conflict between the villages of Bambui
and Fungie in Mezam division resulted in the deaths of
several people and serious injuries to many others. The
following day, gendarmes from Bamenda were reported
to have intervened in Bambui, firing shots and grenades
indiscriminately at a large crowd gathered at the palace
of the Fon of Bambui, a traditional ruler. Three people
were reported to have been killed: Juliana Munu, 60, who
died instantly from a shot to the head; Anita Nyengweh,
25, who died later in hospital, and Ache Alah, 24, who
died in hospital.
4. What about demonstrat ons?
a, The overall principle
You should first remember that everyone has the right of
freedom of peaceful assembly and association. These are
human rights guaranteed by international human rights
law.
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b. Lawful demonstration
Whether an assembly is lawful depends on the regulations
in the country and on the steps undertaken by the
organisers to abide by these regulations. If they have taken
such steps and the authorisation has been given, then the
assembly is lawful.
Under such circumstances, the limits imposed on the use
of force are exactly the same as those identified above.
c, Unauthorised demonstration
A demonstration will be characterised as unlawful by state
officials if the authorisation for assembly is required by law
and has not been granted.
• The permission for an assembly may be denied by state
officials on a number of grounds, such as that the
assembly may constitute a threat to national security,
or endanger the safety, or health, or freedoms of
others.
• But, quite often, a permission to demonstrate may be
rejected by state officials because of what the demon-
strators are calling for. By rejecting the demand for
assembly, the government may commit a human rights
violation, Le. it may violate the right to freedom of
peaceful assembly and the right to freedom of
expression.
• In all cases, whether the denial of the permission for
assembly was legitimate or not, the use of force to dis-
perse unlawful assemblies is limited. The international
principle governing the use of force in such
circumstances (Principle 13 of the Basic Principles on
the Use of Force and Firearms) states:
In the dispersal of assemblies that are unlawful but
non violent, law enforcement officials shall avoid the
use of force or, where that is not practicable, shall
restrict such force to the strict niinimnuni necessary.
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d. What about violent demonstrations?
Again, the principles identified in the above three sections
still hold: the use of force and the use of firearms must be
exceptional and strictly limited.
• However, law enforcement officials are more likely to
be placed in a situation where they have to conduct
arrests and use force than if they were dispersing a
peaceful assembly or arresting an unarmed individual.
• The international principle (Principle 14 of the Basic
Principles on the Use of Force and Firearms) states:
In the dispersal of violent assemblies, law
enforcement officials may use firearms only when
less dangerous means are not practicable and only
to the minimum extent necessary. Law enforcement
officials shall not use firearms in such case, except
under the circumstances highlighted above,
Example: A policeman and a 12-year--old boy are
reported to have been killed during a demonstration on
16 March 1991 and others are reported to ha e been
injured. Members of the armed forces who dispersed the
demonstrations are reported to have used unnecessary
force against the demonstrators who were initially
making calls for multi—party democracy without using
violence. Rioting later broke out in various parts of Lomé.
Two young men were killed by soldiers on 5 April when
they tried to topple a statue of president Gnassingbe
Eyadema, situated next to the headquarters of the
Rassemblement du Peuple Togolais (RPF), the ruling party
in Togo.
The case below highlights another common outcome of
demonstrations, be they violent or not, but especially when
they turn violent: people are arrested who were not
personally involved in the violence.
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Example: During February, there were two
demonstrations against the government in Abidjan, Côte
d'Ivoire, The demonstrations started peacefully, but later
on, there were violent attacks by some marchers. In total,
26 people have been convicted under the procedure of
flagrant délit, a procedure for those caught in the act.
They were tried under the terms of Article 26 of the Penal
Code which establishes the criminal responsibility of
someone associated with a crime, even if they have not
themselves carried out the criminal act. Yet, those
convicted were not personally involved in using or calling
for violence.
5. What shou d happen after an afleged case of excessive use
of force?
According to international standards governments should
demonstrate that they will not tolerate the arbitrary or
abusive use of force and firearms by law enforcement
officers by making such abuse punishable as a criminal
offence and by ensuring that law enforcement officers
responsible for such abuses are charged and tried.
States are obliged to
• carry out impartial and exhaustive investigations into
all allegations of killings resulting from the use of
firearms
• clarify the circumstances of the incident
• identify those responsible
• bring them to justice
• compensate the victims or their families
• make the results of the investigation public.
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U. How to monftor excessive use of force
Monitoring is the long4erm observation and analysis
of the human rights situation in a country or region.
It consists of collecting systematically and consist-
ently information that may be related to human rights
violations, from a variety of sources.
This information, collected over a certain period of time,
should allow you to put the cases under investigation
into a political and legal context, as well as to
identil ' patterns in terms of excessive use of force. They
should also allow you to develop an in-depth knowledge
of the security forces and opposition groups, their
methods of operations, their chains of command, etc.
• Please refer to the handbook, Monitoring and
Documenting Human Rights Violations in Africa,
Three main steps for mon tor ng excess ve use of
force
• Step 1: Collect information on the law, political climate
organisation of the security forces and armed groups
• Step 2: Record and follow-up individual allegations of
excessive use of force.
• Step 3: Analyse information and allegations and identify
patterns
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1. Collect ega nformat on
The investigation of alleged cases of excessive use of force
depends heavily on your knowledge and understanding of
the legal texts or regulations defining the duties of the
security forces and the limits imposed on their activities.
It is therefore very important that you make yourself
familiar with all the texts related to the issue of the use of
force and the use of firearms. In particular, you need to
find the answers to the following questions:
• What is the definition of the use of force under national
laws?
• What are the limits imposed on the use of force and
on the use of firearms?
• Are there laws or regulations that facilitate the
carrying out of excessive use of force with impunity,
such as shoot- on--sight orders, curtailed post- mortem
or inquest procedures, provisions for immunity from
prosecution, or the use of presidential pardon?
• Are there any laws prohibiting the use of certain
weapons by security forces?
• Are there any prescriptions or time limits for filing
complaints against security forces?
2. Collect nformat on on security forces
In addition to being knowledgeable about the domestic law
and regulations, you should also seek to develop some
understanding of the way security agencies operate and
are organised. These include: the police force, special
branches, military forces, internal security agencies, etc.
Some of the information to be researched may include:
a, Organisation of the security forces
• Identify the different branches within the security
forces and their respective chains of command;
• Are there any particular security forces that are
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usually involved in repressive activities and controlling
demonstrations?
• Find out whether the law provides for paramilitary
militias, police reserves, ci ilian forces;
• Find out whether supposedly independent
organisations who support the government are
organised on a paramilitary basis, and whether they
receive military training, transport or equipment.
b. Internal regulations
These are the codes of conduct or guidelines that govern
the activities of the security forces in general, and the use
of force in particular. They may be confidential documents
and include:
• Codes of conduct governing the use of force and of
lethal force by all security forces
• Lethal force regulations
• Regulations or internal guidelines regarding crowd
control, arrest of criminals, etc.
You ought to find out how they regulate, limit or prohibit
the use of force and of firearms.
c, Training
Knowledge about the training received by the various
branches within the security forces will also be ery
important in assessing specific cases and especially in
identifying recommendations. Some of the questions you
may want to investigate include:
• What type of training is received by the security forces?
• How often?
• Who, within the security forces, is more likely to be
trained (e g. junior or senior officer)
• Who trains them?
d. Weapons
You also want to find out about the types of weapons that
law enforcement officials are allowed to carry and use:
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Identify the various type of weapons carried by specific
security branch or organisations
3. Record and foflow up ndMdua cases
In many circumstances, you will be able to reach some sort
of conclusion regarding a particular case on the basis of
what yoti know about previous cases of alleged excessive
tise of force. It is therefore very important that you follow
tip on all cases that come to your attention.
To facilitate monitoring, it is recommended that you
develop a form to record individual cases of excessive use
of force that are brought to your attention, either through
the media, family members, witnesses, etc.
This form is meant to give you a quick look at a case and
to identify possible common points among a number of
cases. In all cases, you will need to refer to the broader
file to get all the details regarding the case.
On the next page is an example of such a form. You need
to adapt it to the specific circumstances of your country or
region
4. dentffy patterns
Patterns constitute one or several typical features of human
rights violations, in this case, excessive use of force.
You identify patterns on excessive use of force by
(i) reviewing and analysing a number of cases over a given
period of time; and
(ii) identifying the common elements among all cases, such
as. location; date and time; cause of injuries,
circumstances; etc.
Through monitoring the press and investigating individual
cases, you should be able to identify patterns. These will allow
you to draw an overall picture of the situation as far as
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ExcessHve Use of Force
Samp e form for recorthng nformafion on excess ve use of
force
Date ............. Reg strafion number ...................... nformabon comp Ded by
Visit to the scene: No Yes by on
nterv ews of witnesses: No Yes by on
1 V ct m dent ficat on nformat on
Name (Last and first name, n ckname)
Date of Barth or Age Gender
Profess on/Occupafion Fam Dy Status
Address
Nafionatty Retg on Ethn c ty
Phys ca descnpfion or p cture
2. Locat on
Date and bme of the nc dent
Exact ocafion
Provnce D strct Cty/vDDage (or nearest)
Street address
3. Nature of the nc dent
Nature of the ncdent ( e. arrest, demonstratons, etc.)
Date, pace, tme:
Descnpt on
Steps taken by demonstraton organsers to avod probDems
4. Nature of the njur es
How was the vctm njured?
Df a buDDet wound, what type of buDDets ' 7
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5. Afleged perpetrators
Names'
Officers in charge
Cha n of command'
6. Evidence
Wtnesses'
Forens c ev dence
Court record'
Other (videotapes, photographs, etc.)'
7. Comp a nts
Was a complaint lodged? No Yes
If yes, when'? where'?
by whom'?
8. Government responses
Was an invesbgation conducted'? No Yes
If yes, by whom?...................... when?,,..........................
DDd the case reach court? No Yes
If yes, wh ch court'? when'?
Were any statements made by pubhc offic aIs; f so, what'?
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excessive use of force is concerned and will assist you in future
investigations.
Patterns in the identity of the victims
The victims themselves may present a number of common
characteristics. There may be individuals or groups of mdi
viduals specifically targeted for arrest or violence. These
individuals may present the following common
characteristics:
• type of political activities
• professional activities or occupations
• ethnicity
• religion
• age group
• gender
• sexual orientation
• residents of clearly defined areas
• street children, prostitutes, beggars
Patterns in the location of the incidents
Alleged incidents of excessive use of force may take place
overwhelmingly in certain specific locations. This may
indicate that, while in parts of the country or at other police
stations, law enforcement officials follow the principles
regarding the exceptional nature of the use of force, in
other places they don t. Incidents of excessi e use of force
may be overwhelmingly located in:
• regions
• cities or localities
• neighbourhoods
• police stations
• secret detention centres
• intelligence units
• military barracks
Patterns in the identity of alleged perpetrators
Through monitoring, you may also he able to identify a
pattern in terms of the identity of the alleged perpetrators.
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For instance, all cases of excessive use of force may be
committed by one police force or, indeed, by certain
individuals or by police forces under one particular chain
of command, So you need to look for patterns in
• specific security forces;
• specific individuals;
• ranks
Patterns in the methods used
Quite often, the methods used by the law enforcement
officials are consistent, i ,e. the same or similar methods
may be used. Such methods may include:
• use of firearms: police shooting to kill
• use of a specific forms of restraining techniques,
beatings, etc.
• violence commonly used to arrest or control
• violence commonly used after individuals have been
overpowered
• use of agents pro vocateurs
Patterns in the circumstances
The circumstances immediately preceding or following the
incidents may also be quite similar and as such present a
pattern. For instance, such incidents may take place particu
larly during or after:
• new legislation
• declaration of a state of emergency
• elections
• announcements of meetings or requests for authorisation
• meetings
• demonstrations, riots
intimidation and/or death threats
Patterns in the causes of injuries and/or deaths
The causes of the injuries and/or death resulting from alleged
excessive use of force may often be similar, indicating a
pattern:
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• deaths or injuries resulting from gunshots
• deaths or injuries resulting from certain restraining
techniques
• deaths or injuries resulting from beatings
Patterns in government responses to alleged cases
A pattern may also emerge over time in terms of the responses
of the government to the accusations. Such a pattern may be
characterised by:
• public statements following the incidents
• overall attitude to the accusations (arrogance, denial,
defensive reactions, etc.)
• the absence of or nature of the investigations
• intimidation of witnesses
• the nature of the procedures
• the absence of or nature of prosecutions (including a time
limit for prosecution)
• the types of courts responsible for the proceedings
• the absence of or nature of the verdict
• out of- court compensation
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DL How to conduct fact find ng
Fact-finding consists of investigating a specific in-
cident or allegation of human rights violations,
collecting or finding a set of facts that proves or
disproves that the incident occurred and how it
occurred, and verifying allegations or rumours.
For this purpose, you need to:
• Step 1: Gather material evidence that will confirm
(or not) the allegations
Material evidence may include medical records, photo
graphs, physical signs or marks, official documents or
acknowledgements.
Step 2: Conduct interviews
Individuals to be interviewed may include the victim,
family members, eye witnesses or other witnesses,
security officials, local officials, etc.
• Step 3: Assess the information and evidence
Having gathered material evidence and interviewed
the victims or witnesses, you will need to assess the
information and evidence provided in order to
determine whether excessive use of force took place.
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1. Preparing for the nvest gat on: Get the facts
Be knowledgeable
• Be knowledgeable about the law related to the use of
force and the use of firearms by law enforcement
officials in your country: find out exactly what is
prohibited.
• Be knowledgeable about the patterns related to
incidents of excessive use of force.
• List everything you already know about the case
• Ask yourselves the following question: What
information is missing? What kind of evidence is
lacking?
Seek expert advice
• Get all necessary information or expert advice, e g.
consult with forensic pathologists, lawyers, etc.
2. Go ng to the scene and other ocat ons
Identify the places you may need to go to in order
to conduct your investigation, such as
• the scene of the incident, such as: the street, the house,
the police station, etc.
• the hospital, if the victims, possibly including law
enforcement officials, had been taken there;
• the mortuary;
• the police station(s) or security forces' locations;
• the courts, if complaints have been filed and if there
is an investigation into the incident;
Carry out a thorough risk-assessment
If you decide to go to the scene of an incident involving
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excessive use of force, or to any other places where you
may find information about the incident (prisons,
neighbourhoods, etc ), you must assess all the risks
involved for you, your colleagues, and the people you will
talk to.
List all possible security concerns (e g. your own
physical security and security of your contacts) and
develop contingency plans to deal with each one of
them (e g. evacuation: how?). If access to, and your
presence at, the scene (or other locations) carries many
dangers, identify alternati e means of carrying out the
research, e g. rely on a confidential local contact to
bring possible witnesses outside the area.
• Be ready: prepare responses regarding the reasons for
your visit and what you are doing in case people ask
you difficult questions or appear suspicious.
• If necessary, seek official written authorisation to go
to these places.
Decide upon the composition of the delegation
• Be strategic: The investigative team should not be
constituted of individuals who may be perceived as
partial because of their ethnicity, religion, known
political affiliation, etc. As far as it is possible, identify
team members who will also be perceived as impartial
by the informants.
• Experts: Identify which expertise will be most needed
during the investigation: You may need forensic
pathologists, a ballistic expert, a lawyer, etc. If
possible, you should include such an expert in your
delegation. If it is not possible, you should meet with
experts before going on a fact4inding mission.
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3. Preparing before mon tor ng a pubflc demonstration or
assemb y
In addition to the above, if you decide to monitor a public
demonstration or assembly, you will need to consider the
following.
Find out whether it is an authorised or
unauthorised assembly
• Contact the organisers of the demonstration; find out
what steps they have taken to get authorisation;
whether the authorisation was granted, and, if not,
what reasons were given to them for the rejection of
their application.
Determine how will it proceed
• Find out the following: Which route is the
demonstration planning to take? How many people are
expected? How long is it supposed to last? Are specific
activities planned during the demonstration or the
assembly? Will there be any speakers? Are any
security measures being taken by the organisers? Are
the organisers prepared for police intervention? What
instructions were gi en to participants by the
organisers?
Carry out your own thorough risk assessment
• Demonstrations and assemblies may turn violent. Be
ready for all eventualities.
• List all possible security concerns (e.g. your own
physical security and the security of your contacts) and
develop contingency plans to deal with each one of
them (e.g. evacuation: how?).
• If time allows, familiarise yourself with the location
of the assembly or the route of the demonstration;
identify possible escape routes; identify places (e.g.
balcony or windows of a nearby building) from which
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you can observe the demonstration or the assembly in
relative security.
• Conduct the monitoring with at least one colleague: one
of you can check on the other, e.g. ensuring you are not
hit by a bottle while taking pictures
Get your equipment ready
• If you have a camera, video, tape recorder, make sure that
they are all working. They all could be very useful later
on to help assess what happened during the assembly or
the demonstration.
• Carry more than one piece of equipment if possible.
4. dentffy the mahi sources of hiformat on and evidence
Identify sources of information and prepare your
interview format:
• List all the possible contacts and sources of information
that you may need to interview and meet in order to
investigate and corroborate the information
Poss b e sources of nformat on
• The victims • Witnesses
• Journalists, including cameramen if they were
filming a demonstration
• Organisers of the demonstration or assembly
present at the scene
• Other organisers who may not have been
present but may have had to deal with the
police
• Law enforcement officials present during the
incident and their superiors
• hospital workers e mortuary workers
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ExcessHve Use of Force
• Identify who it may be more appropriate to meet first,
provided, of course, that you have the luxury to set up and
organise meetings. In any case, you should decide
whether and at which point in the investigation you will
meet with security officials.
Prepare your list of evidence
• Write down a check-list of the data and facts necessary
to assess the allegations
The biggest challenge is to determine whether the use of
force v as, indeed, excessive. In many cases, the law
enforcement officials will argue that they had no other
option and that their lives or other lives were threatened
It is often not possible to establish with certainty shether
the use of force was excessive.
• Your knowledge of the methods of operation of law
enforcement officials and of patterns as far as the use
of force is concerned is crucial in terms of directing your
investigation.
• As far as government responsibilities are concerned, if
no regulations are in place to govern the use of force by
law enforcement officials, if law or regulations allow for
an unlimited use of force, or if no full and impartial
Poss b e mater a ev dence
• Official statements 9 Report of the official investigation
• Medical, hospital and/or post-mortem records
• Court records 9 Videos or pictures of the incident
• Documents left behind by the victim(s)
• Arms left behind, bullet shells • Police reports
• Bullets, types of guns, or any other weapons used by the police
• Bullets, type of guns, or any other weapons used by other
individuals and/or the victims themselves
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investigations have been conducted, and if impunity
is allowed to prevail, any of these can be taken as a
strong indicator that the government condones the
excessive use of force by law enforcement officials.
• See below for possible material evidence and for some
of the questions that may guide your investigation and
assist in demonstrating excessive use of force.
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V. How to assess nformat on
Please refer to Annexe One for a sample of questions
guiding the investigation and your assessment
The following steps are meant to assist you in assessing
the information and reaching conclusions regarding
allegations of excessive use of force.
1 Reliability of initial sources
• Are your initial sources or contacts reliable 7
In your experience, have these sources been reliable and
accurate before 7
2 Consistency with patterns
• Is the incident reported to you consistent with what
you know about the patterns of incidents of excessive
use of force in the country?
In many countries, the incidents of excessive use of
force will present strong similarities from which
patterns can be extracted.
• Compare the case under investigation with what you
know about patterns in excessive use of force
3 Consistency of medical evidence
• Whenever possible, you should get the assistance of
medical experts to assess whether medical evidence is
consistent with the allegation
4 Reliability of the testimonies
• Do the witnesses' testimonies appear reliable and
consistent with each other?
• In assessing the testimony, keep in mind the points
developed in the handbook Monitoring and
Documenting Human Rights Violations in Africa.
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Pay special attention to:
* The survivor's description of the symptoms following
the alleged torture: what type of physical pains and
mental reactions has the victim experienced following the
alleged excessive use of force?
* The survivor's description of current symptoms and
illnesses: what are her/his current health complaints
both physical and mental? What was his/her health before
being submitted to excessive use of force?
* The survivor's account of the circumstances, location,
procedures, individuals involved, etc. Are they con
sistent with what others sho sitnessed similar events at
the same time and place say; or with the patterns in the
excessive use of force?
* The survivor's account of the sequence and timing of
the events
* Consistency of the testimony: Does the testimony
concur with others as well as with any previous pattern
of excessive use of force in the country/region? Does the
survivor contradict himself/herself when asked the same
or similar questions?
* Inconsistencies of the testimonies: Are they the result
of the survivor's dishonesty or of faults in memory, ex
aggerations, unsubstantiated rumours, cultural differ
ences and misunderstandings between the interviewer (or
interpreter)s and the interviewee?
5 Assessing the responsibility of the government
• Did the government's response meet international and
national standards as far as excessive use of force is
concerned?
Official responses include: official acknowledgements
or unofficial statements by representatives of the gover—
nment; court testimony; conclusions of independent
investigation bodies or lack of independent investigations;
post mortem report
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Annexe One: Key quest ons gu d ng the nvesflgat on
and assessment
1. The context: does it indicate strong government
disapproval, interference or threat?
1.1 Demonstrations: What was the political context and what
were the circumstances before the demonstration(s)? Were
any statements issued by government officials regarding
particular political parties or individuals or
demonstrations? Was the authorisation granted and, if not,
on what grounds? Did government officials issue any
warnings beforehand 7
L2 Arrests: What was the political context and what were
the circumstances before the arrests(s)? Were any state-
ments issued by government officials regarding particular
types of crimes or criminals political parties or
individuals?
2. Nature of the offence resulting in the incident: was
it very serious?
The main issues here relate to the nature of the offence tinder
domestic law: you need to assess how serious such an offence
was to warrant the use of force by the law enforcement
officials, While answers to this question may be found in legal
texts, you should remember that the behaviour of the
offenders may dramatically alter the nature of the offence
itself.
3, Behaviour of the offender(s)
The main questions here are the following: (1) whether the
behaviour of the crowd or of the suspects constituted such a
threat that the only reaction possible for the law enforcement
officials was to use force, including lethal force; (ii) whether
the police force could have relied on other non4ethal means
to control the crowd and/or arrest; (iii) if a killing did occur,
whether it was an accident?
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3.1 Demonstrators: Was violence used by the demonstrators
or agents provocateurs? Were armed, intoxicated, or
aggressive individuals present? Were gunshots fired from
within the crowd?
3.2 Other offenders: Were the alleged offenders armed? Did
they use force and firearms 7 What was the nature of the
alleged crime? Did they shoot at the police?
4. Number and nature of law enforcement agencies on
the scene: does it appear excessive or disproportionate
in comparison to the situation?
4.1 Demonstrations: How many police were at the location?
Which branches? Who had overall responsibility for the
demonstration? What type of weapons and other
instruments were at the disposal of the police ' Did they
use agents pro vocateurs?
4,2 Arrests: Was the encounter between the police and the
alleged criminals “accidental'? Were the police at the site
following a tip—off? Were the arrests planned? How many
police were involved? Which branch 2
5. Nature of the law enforcement officials' operations:
do they indicate heavy handed (disproportionate)
reactions to the situation?
5.1 Use of force, excluding firearms:
What tactics were used by law enforcement officials?
Were peaceful means used before resorting to force? Were
demonstrators dispersed? How? Did the police pursue
fleeing individuals? For how long? Was there a fight
between the victim and the police force? Were the police
seeking to arrest individuals? What type of restraining
techniques (if any) were used?
5.2 Use of firearms
What kind of weapons were used? How were they used?
Were there warning shots? Were other methods used
before the reliance on firearms? Did the purpose behind
the use of firearms fit the circumstances allowing for the
use of firearms 2
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Remember: Firearms are to be used only in exceptional
circumstances:
(1) firearms should be used after less extreme measures
have been used and proved insufficient
(ii) the use of firearms should not be lethal;
(iii) they should only be used in self defence or the defence
of others, to prevent particularly serious crimes, to arrest
a person who poses a grave threat to life.
6. Victims and witnesses: did the extent and nature
of the casualties indicate a disproportionate
response on the part of the law enforcement
officials?
6.1 The victim(s): How many victims were there? Did the
victims have characteristics in common with previous
victims or groups who have been targeted in the past
(e.g. young people, ethnic or religious groups, members
of political organisations, etc.) Were the victims well
known opponents or leaders? Was the victim armed?
6.2 Law enforcement officials: Were members of the
police force injured or killed? How many? What was
the nature of the injuries? Where did they occur? (e.g.
near where alleged killing occurred?)
6,3 Witnesses: Were there any witnesses to the alleged
excessive use of force: Were a large number of
individuals arrested following the incident? Were there
cases of alleged ill treatment? Were any charges
brought? Did the police harass witnesses to the killings
or relatives of the victims? Did the police charge
witnesses?
7. Casualties: nature of the injuries or causes of death
7.1 What was the nature of the injuries or the causes of
death? Did the nature of the injuries indicate that force
(e g. beating) was used for a long period of time, that
several officials were involved in using force? If firearms
were used, what was the nature of the wounds? Did they
indicate shooting at close range?
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7.2 Was an autopsy performed? Did the autopsy follow
national and international protocols 7 What were the
results of the autopsy? What conclusions were drawn?
Whenever possible, you should refer all available medical
evidence (medical certificate, photographs, testimonies) to
medical experts
8. Response of the authorities: does it indicate
impunity?
Remember: Governments should demonstrate that they will
not tolerate the arbitrary or abusive use of force and firearms
by law enforcement officers by making such abuse punishable
as a criminal offence, and by ensuring that law enforcement
officers responsible for such abuses are charged and tried.
Following a killing by a law enforcement officer there should
be a prompt investigation to determine the cause, manner and
time of death, to establish responsibility for the death; and to
uncover any pattern or practice which may have led to the
death. The report should be made public. Victims relatives
should receive compensation.
• Did public officials in any way Justify' the killing
immediately after the event?
• Are there any laws or regulations allowing for the
excessive use of force by law enforcement officials?
• Was an inquiry initiated and by whom? Did the inquiry
follow principles set down by domestic law and inter
national standards? Was a criminal procedure initiated?
Was a civil suit initiated? Was internal investigation
initiated?
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Annexe Two: The pr nc p e of proporfionafity
Some national states and NGOs have sought to define
“excessive use of force' through the concept of
proportionality. Under this principle:
The use of force is allowed only when it is proportional to:
(i) legitimate objectives,
(ii) the seriousness of the offence, and
(iii) the extent required for the performance of the
officers' duty,
Both the principles of “proportionality” and the one of
‘reasonably necessary” leave a large margin of discretion
to the law enforcement officials. But you may find the rule
of proportionality a bit easier to apply in practice. Let's first
look at all three elements to which the rule of
proportionality should be applied:
(i) legitimate objectives: these are those objectives that
are lawful: conducting an arrest may be lawful if the
required procedure has been followed, such as, in many
cases, obtaining an arrest warrant. Ensuring the respect
for law and order may be another lawful objecti e,
although, here, the assessment of what is or is not
legitimate may depend a great deal on the individuals
involved, rather than on strict rules.
(ii) the seriousness of the offence: people may not
always agree as to whether an offense is very serious,
serious, or not serious at all.
In many cases, there are domestic laws or
international human rights principles which can assist
in assessing the seriousness of an offence, and in
bringing some consensus among all parties in ol ed.
In other cases, however, domestic regulations them
selves may be unfair or discriminatory in their
characterisation of offences (e.g. laws against freedom
of expression or assembly, blasphemy laws, laws
against homosexuals, laws discriminating against
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women) or may be seen as unfair by many people (e g.
adultery). The individuals investigating alleged cases
of excessive use of force may not be in a position to
cons ince a national court that excessi e force was used
because of their assessment of the seriousness of the
offence.
(iii) the extent required for the performance of the
officers' duty: this is the most difficult element to
investigate.
One has to first establish what the duties of the officers
were in the particular case under investigation: it
could be controlling a crowd, maintaining peace and
order, arresting an individual, patrolling, traffic
control, etc.
The second question relates to the officers'
performance of their duties: what exactly is expected
from them? The definition or list of the acti ities
involved in the performance of particular functions or
duties may be found in existing policing guidelines or
regulations. But the duties may also have been defined
by the officers superiors, either orally in the course
of a briefing or in writing.
The third issue relates to the word “extent”: are there
any limits imposed on the performance of a specific
duty?
Answers to this question may be found in the regula
tions governing security forces or in the instructions
that the officers' superiors may have given. For
instance, many arrests, before they are conducted, will
require an arrest warrant. If police officers violate this
principle, that is, if they arrest an individual without
the warrant required in this case, and use force in the
course of the arrest, they may have committed two
human rights violations: unlawful arrest and excessive
use of force.
Failure to find an answer in existing regulations, or
in the superiors' instructions-—that is, if the
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regulations or the instructions are not imposing any
limits on the performance of the duties — may indicate
a failure on the part of the state to protect citizens
against possible abuse of power by security forces. If,
despite repeated calls for new regulations, the state
still does not come forward with any new regulations
or instructions, what was originally described as a
state failure to protect may actually constitute state
complicity.
If the regulations themselves or the instructions violate
international standards —that is, if the regulations or the
instructions openly allow for the use of force or reliance
on certain weapons that have been characterised as
dangerous or have been shown to be dangerous it will
appear that the state “in ites” abuse of power by security
forces.
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Annexe Three: Some nternaflona and reg ona
standards
1978 UN Code of Conduct for Law Enforcement
Officials, art. 3:
Force should be used “only when strictly necessary. The official
Commentary included in the Code says that the use of force
should be exceptional, that force should be used only “as is
reasonably necessary under the circumstances” and that it
should be used for only two purposes “the prevention of crime”
and “effecting or assisting in the lawful arrest of offenders or
suspected offenders,”
The force used should be proportional to the objectives (it
should be used only “to the extent required' for the perform
ance of law enforcement officials' duty.) The Commentary
acknowledges the ‘principle of proportionality” laid down in
national la ss and says that the Code should not be taken to
authorise the use of force which is “disproportionate to the
legitimate objective to be achieved.'
1990 UN Basic Principles on the Use of Force and
Firearms by Law Enforcement Officials:
The use of firearms is restricted to a series of situations
involving “the imminent threat of death or serious injury” or
“grave threats to life', and “only when less extreme means are
insufficient” to achieve the objectives specified. Furthermore,
the ‘intentional lethal use of firearms” is to be made only
“when strictly unavoidable in order to protect life,” The phrase
“strictly unavoidable” implies that lesser means should be
used first and that firearms should not be used before lesser
means have proved insufficient to protect life,'
2 African Charter on Human and People's Rights
Tntei ndtlonal
Di ppeC r flCCS nd Article 4: “Human beings are inviolable. Every human being
shall be entitled to respect for his life and the integrity of his
p 101. person. No one may be arbitrarily deprived of this right.”
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Article 5: “Every individual shall have the right to liberty and
to the security of his person No one may be deprived of his
freedom except for reasons and conditions previously laid
down by law. In particular, no one may be arbitrarily arrested
or detained.”
Article 7 (1): “Every individual shall have the right to have
his cause heard. This comprises, a) The right to an appeal to
competent national organs against acts of violating his funda—
mental rights as recognised and guaranteed by conventions,
laws, regulations and customs in force; b) the right to be
presumed innocent until proved guilty by a competent court
or tribunal; c the right to defence, including the right to be
defended by counsel of his choice; d) the right to be tried within
a reasonable time by an impartial court or tribunal.'
Article 7 (2): “No one may be condemned for an act or
omission which did not constitute a legally punishable offence
at the time it was committed. No penalty may be inflicted for
an offence for which no provision was made at the time it was
committed. Punishment is personal and can be imposed only
on the offender.
Article 8. “Freedom of conscience, the profession and free
practice of religion shall be guaranteed. No one may, subject
to law and order, be submitted to measures restricting the
exercise of these freedoms.'
Article 10 (1): “Every individual shall have the right to free
association provided that he abides by the law.
Article 10 (2): “Subject to the obligation of solidarity provided
for in Article 29 no one may be compelled to join an
association.”
Article 11: “Every individual shall have the right to assemble
freely with others. The exercise of this right shall be subject
only to necessary restrictions provided for by law in particular
those enacted in the interest of national security, the safety,
health, ethics and rights and freedoms of others.'
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Annexe Four: Bas c pr nc p es on the use of force
and firearms by aw enforcement
offic a s
Adopted by the Eighth United Nations Congress on the
Prevention of Crime and the Treatment of Offenders,
Havana, Cuba, 27 August to 7 September 1990.
Excerpt:
“The basic principles set forth below, which have been
formulated to assist Member States in their task of en—
suring and promoting the proper role of law
enforcement officials, should be taken into account and
respected by Governments within the framework of
their national legislation and practice, and be brought
to the attention of law enforcement officials as well as
other persons, such as judges, prosecutors, lawyers,
members of the executive branch and the legislature,
and the public ”
General provisions
1. Governments and law enforcement agencies shall adopt
and implement rules and regulations on the use of force
and firearms against persons by law enforcement officials.
In developing such rules and regulations. Governments
and law enforcement agencies shall keep the ethical issues
associated with the use of force and firearms constantly
under review.
2. Governments and law enforcement agencies should
develop a range of means as broad as possible and equip
law enforcement officials with various types of weapons
and ammunition that would allow for a differentiated use
of force and firearms. These should include the
development of non—lethal incapacitating weapons for use
in appropriate situations, with a view to increasingly
restraining the application of means capable of causing
death or injury to persons. For the same purpose, it should
also be possible for law enforcement officials to he equipped
with self—defensive equipment such as shields, helmets,
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bullet-- proof vests and bullet-proof means of transportation,
in order to decrease the need to use weapons of any kind.
3. The development and deployment of non—lethal
incapacitating weapons should be carefully evaluated in
order to minimise the risk of endangering uninvolved
persons, and the use of such weapons should be carefully
controlled.
4. Law enforcement officials, in carrying out their duty,
shall, as far as possible, apply non violent means before
resorting to the use of force and firearms. They may use
force and firearms only if other means remain ineffective
or without any promise of achieving the intended result.
5. Whene er the lawful use of force and firearms is
unavoidable, law enforcement officials shall:
(a) Exercise restraint in such use and act in proportion
to the seriousness of the offence and the legitimate
objecti e to be achieved;
(b) Minimise damage and injury, and respect and
preserve human life;
(c) Ensure that assistance and medical aid are rendered
to any injured or affected persons at the earliest
possible moment;
(d) Ensure that relatives or close friends of the injured
or affected person are notified at the earliest possible
moment.
6. Where injury or death is caused by the use of force and
firearms by law enforcement officials, they shall report the
incident promptly to their superiors, in accordance with
principle 22.
7. Governments shall ensure that arbitrary or abusive use
of force and firearms by law enforcement officials is
punished as a criminal offence under their law.
8. Exceptional circumstances such as internal political in--
stability or any other public emergency may not be invoked
to justify any departure from these basic principles
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Special provisions
9. Law enforcement officials shall not use firearms against
persons except in self defence or defence of others against the
imminent threat of death or serious injury, to prevent the
perpetration of a particularly serious crime involving grave
threat to life, to arrest a person presenting such a danger and
resisting their authority, or to prevent his or her escape, and
only when less extreme means are insufficient to achieve these
objectives In any event, intentional lethal use of firearms may
only be made when strictly unavoidable in order to protect life.
10. In the circumstances provided for under principle 9, law
enforcement officials shall identify themselves as such and
give a clear warning of their intent to use firearms, with
sufficient time for the warning to be observed, unless to do so
would unduly place the law enforcement officials at risk or
would create a risk of death or serious harm to other persons,
or would be clearly inappropriate or pointless in the circum
stances of the incident.
11. Rules and regulations on the use of firearms by law
enforcement officials should include guidelines that:
(a) Specify the circumstances under which law enforcement
officials are authorised to carry firearms and prescribe
the types of firearms and ammunition permitted,
(b) Ensure that firearms are used only in appropriate
circumstances and in a manner likely to decrease the
risk of unnecessary harm;
(c Prohibit the use of those firearms and ammunition that
cause unwarranted injury or present an unwarranted
risk;
(d) Regulate the control, storage and issuing of firearms,
including procedures for ensuring that law enforcement
officials are accountable for the firearms and ammuni
tion issued to them;
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(e) Provide for warnings to be given, if appropriate, when
firearms are to be discharged;
(1) Provide for a system of reporting whenever law enforce-
ment officials use firearms in the performance of their
duty.
Policing unlawful assemblies
12. As everyone is allowed to participate in lawful and peaceful
assemblies, in accordance with the principles embodied in the
Universal Declaration of Human Rights and the International
Covenant on Civil and Political Rights, Governments and law
enforcement agencies and officials shall recognize that force
and firearms may be used only in accordance with principles
13 and 14.
13 In the dispersal of assemblies that are unlawful but non
violent, law enforcement officials shall avoid the use of force
or, where that is not practicable, shall restrict such force to
the minimum extent necessary.
14. In the dispersal of violent assemblies, law enforcement
officials may use firearms only when less dangerous means
are not practicable and only to the minimum extent necessary.
Law enforcement officials shall not use firearms in such cases,
except under the conditions stipulated in principle 9.
Policing persons in custody or detention
15. Law enforcement officials, in their relations with persons
in custody or detention, shall not use force, except when
strictly necessary for the maintenance of security and order
within the institution, or when personal safety is threatened.
16. Law enforcement officials, in their relations with persons
in custody or detention, shall not use firearms, except in self
defence or in the defence of others against the immediate
threat of death or serious injury, or when strictly necessary
to prevent the escape of a person in custody or detention
presenting the danger referred to in principle 9.
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17. The preceding principles are without prejudice to the
rights, duties and responsibilities of prison officials, as set out
in the Standard Minimum Rules for the Treatment of
Prisoners, particularly rules 33, 34 and 54.
Qualifications, training and counselling
18. Governments and law enforcement agencies shall ensure
that all law enforcement officials are selected by proper
screening procedures, have appropriate moral, psychological
and physical qualities for the effective exercise of their
functions and receive continuous and thorough professional
training. Their continued fitness to perform these functions
should be subject to periodic review
19. Governments and law enforcement agencies shall ensure
that all law enforcement officials are provided with training
and are tested in accordance with appropriate proficiency
standards in the use of force. Those law enforcement officials
who are required to carry firearms should be authorized to
do so only upon completion of special training in their use.
20. In the training of law enforcement officials, Governments
and law enforcement agencies shall give special attention to
issues of police ethics and human rights, especially in the
investigative process, to alternatives to the use of force and
firearms, including the peaceful settlement of conflicts, the
understanding of crowd behaviour, and the methods of per-
suasion, negotiation and mediation, as well as to technical
means, with a view to limiting the use of force and firearms.
Law enforcement agencies should review their training pro
grammes and operational procedures in the light of particular
incidents.
21. Governments and law enforcement agencies shall make
stress counselling available to law enforcement officials who
are involved in situations where force and firearms are used.
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ExcessHve Use of Force
Reporting and review procedures
22, Governments and law enforcement agencies shall estab
lish effective reporting and review procedures for all incidents
referred to in principles 6 and 11(1). For incidents reported
pursuant to these principles, Governments and law enforce
ment agencies shall ensure that an effective review process
is available and that independent administrative or prosecm
tonal authorities are in a position to exercise jurisdiction in
appropriate circumstances. In cases of death and serious
injury or other grave consequences, a detailed report shall be
sent promptly to the competent authorities responsible for
administrative review and judicial control.
23. Persons affected by the use of force and firearms or their
legal representatives shall have access to an independent
process, including ajudicial process. In the event of the death
of such persons, this provision shall apply to their dependants
accordingly.
24. Governments and law enforcement agencies shall ensure
that superior officers are held responsible if they know, or
should have known, that law enforcement officials under their
command are resorting, or have resorted, to the unlawful use
of force and firearms, and they did not take all measures in
their power to prevent, suppress or report such use.
25. Governments and law enforcement agencies shall ensure
that no criminal or disciplinary sanction is imposed on law
enforcement officials who, in compliance with the Code of
Conduct for Law Enforcement Officials and these basic
principles, refuse to carry out an order to use force and
firearms, or who report such use by other officials.
26, Obedience to superior orders shall be no defence if law
enforcement officials knew that an order to use force and
firearms resulting in the death or serious injury of a person
was manifestly unlawful and had a reasonable opportunity to
refuse to follow it. In any case, responsibility also rests on the
superiors who gave the unlawful orders.
Page 47
UKWELJ: Mon tonng and DocumenUng Human RHghts VHo at ons n Afnca
Annexe F ve: Poss b e recommendat ons and acflon
• Review domestic legislation relating to the police to
check whether it incorporates explicit reference to
international human rights standards. Lobby for such
an incorporation.
• Lobby against police carrying specific weapons,
particularly lethal (e g. AK47 rifles), or using certain
bullets.
• Lobby for proper training of all members of the
security forces. Send your reports and
recommendations to police training schools and foreign
governments involved in the training of security forces.
• Lobby for the implementation of an independent and
impartial body responsible for dealing with complaints
against the police.
• Organise workshops for senior and junior law
enforcement officials regarding the use of force.
• Institute constructive dialogue with senior police
officers; officers responsible for various prisons orjails;
etc.
• Monitor demonstrations and public meetings and their
policing.
• Ask the police commissioner to come with you to verify
information; ask for him or his officers to check the
information put forward by the human rights officer.
• Suggest to the organisers of demonstrations that they
invite judicial officials (or notaries) to go along to a
demonstration to witness what happens and how the
demonstration was organised.
• Present the report of your investigation to the govern
ment.
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ExcessHve Use of Force
• Raise the issue of excessive use of force and be
persistent: one letter is not enough.
• Assist the ictims in filing complaints against police
officers on well—documented cases. (Beware that there
may be time limits to do so, in accordance with the
law).
• Hold meetings with the authorities at the Ministry of
Interior, for instance, to raise the issue and sensitise
the authorities.
• Use all possible tools to alert national public and inter --
national community about the gross patterns of
excessive use of force in the country; such as: launching
a massive wa e of appeals, public campaigns,
collaboration with other NGOs, open letter to the
President or Prime Minister, etc.
• Organise marches against police brutality.
Page 49
The Pubhshers
Amnesty International (Al) is a worldwide voluntary activist movement
working towards the observance of all human rights as enshrined in the
Universal Declaration of Human Rights and other international standards. It
promotes respect for human rights, which it considers interdependent and
indivisible, through campaigning and public awareness activities, as well as
through human rights education and pushing for ratification and
implementation of human rights treaties. Amnesty International takes action
against violations by governments of people's civil and political rights It is
independent of any government, political persuasion or religious creed. It does
not support or oppose any government or political system, nor does it support
or oppose the views of the victims whose rights it seeks to protect. It is concerned
solely with the impartial protection of human rights
Amnesty International Dutch Section Special Programme on Africa
(SPA) was established in 1994. Initially, SPA developed a programme to assist
Amnesty Sections worldwide to improve the effectiveness of their campaigning
against human rights violations in Africa. Since 1996 SPA has moved towards
providing support to the broader Human Rights Movement in Africa. Rather
than funding projects, SPA is developing and co ordinating long term projects
for and and in cooperation with other human rights organisations and AT
sections. In addition to copublishing Ukweli, SPA is also coordinating advocacy
and training workshops in southern and West Africa, a project on policing and
Human Rights, and a pilot project to raise human rights awareness in rural
areas in Liberia.
CODESRIA is the Council for the Development of Social Science Research in
Africa head quartered in Dakar, Senegal. It is an independent organisation
whose principal objectives are facilitating research, promoting research based
publishing and creating multiple forums geared towards the exchange of views
and information among African researchers. It challenges the fragmentation
of research through the creation of thematic research networks that cut across
linguistic and regional boundaries
CODESRIA publishes a quarterly journal, Africa Development, the longest
standing Africa- based social science journal; Afrika Zamani, ajournal of history;
the African Sociological Review, and the African Journal of International Affairs
( AJIA ) Research results and other activities of the institution are disseminated
through ‘Working Papers', ‘Monograph Series, ‘New Path Series', ‘State -of--the-
Literature Series', ‘CODESRIA Book Series', the CODESRIA Bulletin, KIBARU
and CIVIC AGENDA.
