Law Enforcement: Use of Force and Firearms
Use of Force
The police force is the instrument through which public administration exercises legal coercion. The occasions when force is used are determined, but this does not necessarily mean violence. The Law of Force and Security Corps (LOFCS) is aware of this complexity and sets limits and exceptionality in such use.
With codified regulations and R34/169, the UNGA 17D conduct for law enforcement officials states that they may use force only when strictly necessary and to the extent required to carry out their tasks. This use of force must remain outstanding and proportionate to the goal to be achieved.
The R690 PACE 8M Declaration on the Police states that in the exercise of their functions, the police must act with the necessary determination, without ever resorting to force beyond what is reasonable to accomplish the mission required by law.
Article 5.2c mandates that officers must act with the necessary decision and without delay when it is necessary to avoid immediate and serious harm. This shall apply when the harm is irreparable. The principles of proportionality and timeliness must be matched.
- Congruence: Of all the means at our disposal, we choose the one most suitable for each situation. Sometimes, warnings or verbal commands are enough. The need for the means employed must be rational.
- Opportunity: In addition to being relevant, it must be the occasion when necessary, taking place at the right time. There must be no alternative to the use of force.
- Proportionality: The response should be proportionate to the assault or resistance. This requires mastery of the means we have. The damage must be less than what we are trying to avoid. This is the measurement principle, applying the lowest possible harmfulness.
Use of Firearms
According to Article 5.2d, weapons must only be used in situations where there is a reasonably serious risk to life or physical integrity (self-defense), the lives of third parties, or a serious risk to public safety (of duty). It should be an extreme and exceptional measure.
The Declaration on the Police states that it is necessary to give precise and clear instructions on the manner and circumstances of the use of weapons. The danger must be serious, imminent, current, real, and objective.
Life is a supreme good; therefore, the use of a weapon will be the last resort. It is better not to make an arrest than to cause injury to innocent people. Do not shoot if there is doubt about the perpetrator, the crime, etc. Preventive actions should be taken to encourage the perpetrator to give up their attitude, and if a shot is fired, it should be aimed at non-vital parts.
- Self-defense: Exempts from criminal liability when the aggression is unlawful, the means used are necessary, there is a lack of provocation by the defender, and the use of the weapon must precede a requirement for the perpetrator to give up their attitude. Shots may be fired into the air, soil, etc.
- Of duty: Being an agent of authority, mandated functions and need to use.
Professional Secrecy
Officers must keep strictly secret all information they know by reason or on the occasion of the performance of their duties. They are not obliged to reveal their sources of information except when the exercise of their functions or the provisions of the law impose otherwise. It is mandatory for any official, especially the police, as in the development of their functions they may encounter information that could damage the honor, privacy, and freedom of individuals. The information collected by the police could harm dignity and prestige in public. (LOPRODAT-CP 417)