Commentary :īy the nature of their duties, law enforcement officials obtain information which may relate to private lives or be potentially harmful to the interests, and especially the reputation, of others. Matters of a confidential nature in the possession of law enforcement officials shall be kept confidential, unless the performance of duty or the needs of justice strictly require otherwise. In every instance in which a firearm is discharged, a report should be made promptly to the competent authorities. In general, firearms should not be used except when a suspected offender offers armed resistance or otherwise jeopardizes the lives of others and less extreme measures are not sufficient to restrain or apprehend the suspected offender. Every effort should be made to exclude the use of firearms, especially against children. The use of firearms is considered an extreme measure.In no case should this provision be interpreted to authorize the use of force which is disproportionate to the legitimate objective to be achieved. It is to be understood that such national principles of proportionality are to be respected in the interpretation of this provision. National law ordinarily restricts the use of force by law enforcement officials in accordance with a principle of proportionality.This provision emphasizes that the use of force by law enforcement officials should be exceptional while it implies that law enforcement officials may be authorized to use force as is reasonably necessary under the circumstances for the prevention of crime or in effecting or assisting in the lawful arrest of offenders or suspected offenders, no force going beyond that may be used.Law enforcement officials may use force only when strictly necessary and to the extent required for the performance of their duty. National commentaries to this provision should indicate regional or national provisions identifying and protecting these rights.Among the relevant international instruments are the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the United Nations Declaration on the Elimination of All Forms of Racial Discrimination, the International Convention on the Elimination of All Forms of Racial Discrimination, the International Convention on the Suppression and Punishment of the Crime of Apartheid, the Convention on the Prevention and Punishment of the Crime of Genocide, the Standard Minimum Rules for the Treatment of Prisoners and the Vienna Convention on Consular Relations. The human rights in question are identified and protected by national and international law.In the performance of their duty, law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all persons.
It extends to conduct by persons not capable of incurring criminal liability.
#NEGATIVE EFFECTS OF SOCIAL MEDIA ON LAW ENFORCEMENT FULL#
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