Word count: 835
OOC: This is Draft #5. Draft 4 is here and Drafts 1-3 are here.
Regulating Police Use of Force
A resolution to improve worldwidehumansapient and civil rights.Category: Civil RightsStrength: SignificantProposed by: Tinhampton
Extremely frustrated by the World Assembly's continued inaction on the use of force by police, ensuring that unscrupulous, negligent, or simply malevolent law enforcement officers throughout the WA can continue to use excessive or even deadly force while on duty without any punishment whatsoever, and
Convinced that the introduction of a WA-wide regulation of the use of force by police will protect all sapient rights, inasmuch as they cannot be realised without the right to life (which is often infringed upon by the use of excessive force), while protecting persons from all backgrounds - especially vulnerable ones - who interact with the police during such interactions...
The General Assembly hereby enacts as follows.
- Definitions: For the purposes of this resolution:
- a "LEO" (law enforcement officer) is a person who is employed in a member state to conduct public-facing law enforcement activities in any member state, and is acting in the course of such activities, and
- the use of "excessive force" by a LEO against a person means the use by that LEO of significantly more force than is necessary in the situation to restrain and subsequently detain that person, to protect themselves from a physical attack (or threat thereof) by that person, or otherwise to carry out a routine action such as a body search against that person.
- Requirements for employers: All entities that employ LEOs must:
- ensure, through education and in practice, that their LEOs do not use force against suspected criminals or any other person when the use of less forceful measures has not been ruled out in the circumstances,
- educate their current LEOs, and those who they are training to become LEOs in the future, on when the use of force constitutes excessive force, as well as on when the use of those items described in Article d is appropriate,
- further educate their LEOs on de-escalation techniques that comply with WA law and when to use them,
- regularly review incidents where the use of force was exercised by LEOs to ensure that such use did not constitute the use of excessive force (although this Article does not require that incidents where a decision has already been made upon review be re-reviewed, nor that incidents which occurred prior to this resolution coming into force be reviewed themselves; hence each incident need not be reviewed more than once), and
- provide suitable support for the victims of excessive force used by their LEOs (or, if they are dead, their next of kin).
- General rule: LEOs must not use excessive force against any person.
- Carriage of less-than-lethal items: For any law enforcement missions for which armed force is likely to be necessary, or for which they carry any other class of weapon, LEOs must carry less-than-lethal items intended to help restrain or detain suspected criminals, such as batons, irritant spray or tasers. However, a LEO may simultaneously carry a less-than-lethal item and some other weapon, such as a gun or knife.
- Use of body-worn cameras: LEOs shall wear body-worn cameras, where available in the member state they work in, while in the course of their public-facing duties (except where doing so would jeopardise an undercover law enforcement operation). Those cameras must neither be turned off while they are on such duty nor have any of their recordings deleted unless they have been backed up in a secure third location.
- Harm prevention and reduction: LEOs must avoid causing death or life-changing injury to any person unless the life or bodily sovereignty of any person (including the LEO in question) is, or likely would be, placed in immediate danger by that person. Where a LEO non-fatally harms another person under this Article, they must ensure that the person receives any basic first aid necessary for their survival, where doing so would not cause or otherwise threaten death or life-changing injury to any LEO.
- Ban on excessive use of force by LEOs: Member states must criminalise the use of force by LEOs after this resolution has been enacted that contradicts Articles b, c, or f. To that end, whenever an entity that employs LEOs finds that one or more of their LEOs have wilfully, recklessly, or negligently administered such force, it must refer their use of such force to the appropriate tribunal. If a LEO is found to use such force in a manner that is overly excessive or pervasive, they shall be forbidden from being employed to conduct public-facing law enforcement activities in any member state.
- Principle of independence: No person not carrying out an Article b(iv) review, such as politicians or the LEOs being investigated by such a review, shall influence or attempt to influence the outcome of such a review.
- Recommendation: Entities that employ LEOs are urged to ensure that LEOs are accompanied by at least one other LEO when on duty.