Summary
Malfeasance, unlawful actions or omissions by public security providers should be promptly investigated and entail appropriate liability set by law.
Election Parts
Issues
Criteria
- The state acted to investigate and address violations of rights. It provided appropriate judicial and administrative means for addressing claims of rights violations, including allegations of electoral fraud
- Law enforcement bodies were neutral in their work
- Security personnel played a positive role during the electoral process, providing protection for voters, candidates, and electoral management body personnel without interfering in the process
Quotes
- States have an obligation to investigate effectively, impartially and in a timely manner any allegation or reasonable suspicion of unlawful use of force or other violations by law enforcement officials, including sexual or gender-based violence, in the context of assemblies. Both intentional and negligent action or inaction can amount to a violation of human rights. Individual officials responsible for violations must be held accountable under domestic and, where relevant, international law, and effective remedies must be available to victims.
- Any use of force must comply with the fundamental principles of legality, necessity, proportionality, precaution and non-discrimination applicable to articles 6 and 7 of the Covenant, and those using force must be accountable for each use of force.
- Investigations and prosecutions are essential to reduce future violence.
- If the force used is not authorized by law or is deemed excessive, law enforcement personnel and other individuals involved, including those connected with authorizing the use of force, should be subject to disciplinary action, as well as civil and criminal liability. Law enforcement personnel should also be held liable for failing to intervene where such intervention might have prevented other personnel from using excessive force.
- To avoid conflicts of interest, any alleged malfeasance by public security officials may necessitate investigation and follow-up by a separate independent authority. In particular, law enforcement personnel at all levels must be held responsible and accountable for any unlawful actions or omissions or for illegitimate orders to subordinates. Such accountability is crucial to maintaining trust and confidence in the respective institutions.
- The government, with international assistance where appropriate, should undertake an independent review of the events to determine the causes of the violence and necessary reforms. Investigations in such cases should aim to review the individual and structural causes or conditions for the killings in full, including whether the police use of force guidelines comply with the international law on the use of force; whether the police have any and appropriate plans for crowd-control situations; whether police have equipment and weapons appropriate for crowd control; the role of police intelligence; whether there were failures in the police command and control; and what orders were given to police.
- Any abuse of powers and violations of the law by state officials, including instances of use of disproportionate force or unlawful dispersal of assemblies, should lead to prompt and independent investigations.
- The country may need to take special steps following security force killings during a protest to ensure that the police responsible are investigated, such as by creating a special task force or requesting the assistance of international investigators. Countering impunity for police abuses is a key step in deterring and reducing future abuses.