POLICE USE OF FORCE IN A STATE OF EMERGENCY: The numbers of allegations of police killings and their excessive use of force are deeply concerning. Graphic accounts of police cruelty, often directed at the most vulnerable individuals and communities, are multiplying. 1/
In real time, it may b difficult to prove that Governments #Coronavirus responses are leading to increased rates of police unlawful killings but history warns us to be on high alert. History tells us that states of emergency lead to an increase in violence by police 2/
Because of: ill-defined laws granting “exceptional” powers to the police; policing institutional cultures tolerating excessive use of force; greater public tolerance for police violence; weakening of institutional arrangements for oversight; censorship; dehumanization of some 3/
States may take measures derogating from their obligations in time of public emergency. But THE RIGHT TO LIFE IS NON-DEROGABLE. Arbitrary killing and excessive use of force by police is always unlawful under int'l law, including during states of emergency 4/
State of emergency may grant Security forces more powers but that option can NEVER include “the power” to take life arbitrarily. When using force Police must continue to abide by the principles of legality, necessity, proportionality, and precaution in place before emergency 5/
Police must also abide by the principle of non-discrimination: they must respect and protect every person, without discrimination on the basis of their race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status 6/
State of emergency increase the vulnerability of many: migrants and refugees; homeless persons; those facing domestic violence; slum dwellers and all those who live a “hand to mouth” existence for whom daily economic activity is essential for daily survival 7/
As those people seek to make their existence viable under the shadow of contagion heavy threats, they are more likely to find themselves in breach of state of emergency regulations. You can’t stay home if you don’t have one. How do you “socially distance” in an urban slum? 8/
While COVID19 is new, relevant #humanrights principles are not. They require the State to incorporate the situations of vulnerable groups into their framing of emergency regulations and adopt specific measures to mitigate the impact of the state of emergency on these groups 9/
Policing and law enforcement as well must reflect the vulnerability of some to the state of emergency: Police officers must adopt appropriate and heightened precautionary measures, and pursue context-based assessment of whether the use of force is necessary and proportionate 10/
Impositions of rights derogation such as #curfews are permitted under int'l law and may be necessary in this COVID19 time. But violating curfew should NOT constitute grounds for police excessive use of force and under NO circumstances should it lead to the use of lethal force 11/
This rule applies to all at all times – no exceptions. It is crucial to recall this particularly in view of the fact that so many people have no home in which to remain confined nor the means by which to sustain their families under such isolation 12/
There are other ways to police than force first. Discussion, instruction, consultation and community engagement – these should be the operating principles for the police as well. This is what protection of human rights in a time of contagion requires.13/ #COVID19
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