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Economic and Social Council UNITED NATIONS Distr. ECONOMIC GEIŒRAL E/CN.4/Sub.2/198 3/NGO/ll AND 29 August 1983 SOCIAL COUNCIL Originals ENGLISH COMyilSSIOl ON imMAN EIGHTS Sub-Commission on Prevention of Discrimination and Protection of Minorities Thirty-sixth session Agenda item 9(a) THE ADMINISTEATIOH OF JUSTICE АШЗ THE HÜMAM RIGHTS OF DETAIKEESs A. QUESTION OF HUMAN RIGHTS OF PERSONS SUBJECTED TO ANY FORM OF DETENTION OR IMPRISONMENT Written statement submitted by the International League for Human Rights, a non-governmental organization in consultative status (category II) The International League for Human Eights looks forward to proposals by the Sub-Commission for measures to ensure respect for human rights under states of siege or emergency for consideration by the Con¡mission on Human Eights at its next session. We urge this body to include in such proposals means for ensuring that police and other security forces exercise minimum force; particularly in situations requiring crovi/d control5 such as in peaceful public gatherings, demonstrations and riots. Article 3 of the United Nations Code of Conduct for Law Enforcement Officials expressly provides that: "Law enforcement officials may use force only when strictly necessary and to the extent required for the performance of their duty." The notion of "proportionality'' contained in article J of the Code is in keeping with thrt contemplated in article 4> paragraph 1, of the International Covenant on Civil and Political Rights. In monitoring the status of human rights, the International League has observed numerous examples world-wide of excessive and/or completely unwarranted use of force by police during riots, peaceful demonstrations and even in non-political public gatherings resulting in civilian deaths and serious physical injury. Many of the victims are children and many are innocent bystanders. Such incidents occur all too frequently in countries where suspension of civil liberties, during о strte of siege or under emergency legislation, has meant brooder police powers. GE.83-13364 E/CN.A/sub.2/198 3/NG0/11 page 2 For example, ag recently as two weeks ago in Chile, where Transitory Article 24- limits civil and political rights, police and military excesses resulted in high levels of violence against the civilian population. The Chilean Commission on Human. Rights, an affiliate of the International League, reports that during these mass anti-Government protests, 24 persons were killed and scores injured by police shootings and heatings. Some of these victims, not even taking part in the demonstrations, were wounded inside their homes by random police shooting./ Since martial law was instituted in Poland on 3I December 1981, 20 individuals participating in otherwise peaceful demonstrations have been reported killed and untold others injured by the Zomo riot police and other security forces wielding truncheons, concussion grenades and water cannons. Three died by excessive use of police force on 1 and 3 May of this year during peaceful nationwide demonstrations. In the Islamic Republic of Iran, a number of peaceful anti-Government demonstrations - the most recent one on 27 June 1985 - ended with scores dead and hundreds injured. Credible reports indicate that security forces opened fire on the demonstrators with G.3 rifles and, in other cases, summarily executed demonstrators by firing squad only hours after their arrests. At this time, the League wishes to draw the Sub-Commission's attention to the abuse, of plastic bullets by law enforcement officials in Northern Ireland, where current emergency legislation dates back to the early 1970s. The League has closely followed human rights developments in Northern Ireland for over a decade and is grateful for the assistance of the Organisation of Concerned Teachers, a non-violent professional group in Belfast, in preparing this statement. Plastic bullets were first used by the British Army in Northern Ireland in 1973* Since 1975 they heve replaced CS gas and rubber bullets as the standard riot control weapon of the British Array and the Royal Ulster Constabulary in Northern Ireland. A plastic bullet cylinder is one and a half inches in diameter and four inches long. It weighs five ounces and has an operational range of 36-72 yards. Its muzzle velocity is roughly I60 miles per hour. United States Army research has shown that any crowd control weapon based on blunt impact is in the "severe damage" region if its impact energy exceeds 90 foot-pounds. At five yards the plastic bullet has 210 foot-pounds of energy, and at 50 yards the energy of the projectile is still 110 foot-pounds. The British Government was well aware of the lethal nature of this weapon before it was introduced into Northern Ireland. Rubber bullets, during their period of service in Northern Ireland from 1970 to 1975, caused three deaths, including that of an 11-year-old boy. Since 1975? plastic bullets, which were allegedly introduced as a more humane alternative by the British Goverrmient, have been responsible for 11 deaths, including six childrenî Stephen Greddis, 10 years Brian Stewart, 13 years Paul Whitters, 15 years Julie Livingston, 14 years Carol Ann Kelly, 12 years E/CN . 4/sub. 2/198 з/шо/11 page 3 One child, Stephen МсСопошу, 11 years, killed in 1982, was, according to the official coroner's report, shot in the hack of the head from a distance of 17 feet, a.range prohihited by the British authorities' own regulations. Furthermore, the Government inquest into the death determined that there was no violence in the area which warranted thé ;use of plastic bullets. In addition serious physical injuries have resulted from rubber and plastic bullets, such as fractures to the skull and limbs, loss of eyesight, and extensive external and internal life-support equipment was needed to save the victim. In sum, plastic bullets have been used in Northern Ireland in non-riot situations, indoors where crowd dispersal is impossible and/or at point-blank range where there was no threat to the security forces. They have been used against children and have been aimed directly at the head. By contrast, the United Nations commentary elucidating article 3 of the Code of Conduct for Law Enforcement Officials provides that "the use of firearms is considered an extreme measure. Every effort should be made to exclude the use of firearms, especially against children. In general, firearms should not be used except when a suspected offender offers armed resistance or otherwise jeopardises the lives of others and less extreme measures are not sufficient to restrain or apprehend the suspected offender." Although such applications are in violation of even the British Army's and the Royal Ulster Constabulary's rules for use of the weapon, there has been no serious attempt to'enforce controls. To date, there has been no prosecution of any member of the security forces who has used the bullets to kill and maim. Nor has there been any general public investigation by the Government into the illegal use of these weapons. Furthermore, the legal system in Northern Ireland has failed to provide adequate remedies for the victims and their relatives. Again compare with the United Nations commentary to article 3 of the Code of Conduct which states that "in every instance in which a firearm is discharged, a report should be made promptly to the competent authorities." On 13 May I98I the European Parliament called on member States to ban the use of plastic ballets. The British Labour and Liberal parties, the Prime Minister of the Irish Republic, Dr. Garret Fitzgerald, and the opposition leader in the Irish Republic, Mr. Charles Haughey, have condemned the use of plastic bullets and called for their ban. Two international tribunals convened by the Association for Legal Justice, Belfast, in I98I and 1982 described the plastic bullet as a lethal weapon. On 4 July 1983 the Irish Catholic bishops stated that its use was morally indefensible and demanded that it be withdrawn as a riot controlw weapon. e/ce . 4/ЗиЪ. 2/198 З/ШО/ll page 4 In conclusion, we urge the Sub-Commission to propose measures to ensure police restraint during periods of emergency and, in particular, to ban the use of bullets, including plastic ones, as a means of crowd control. We further request that this body propose that the Commission on Human Rights initiate a study on State laws and practices in this area'. Finally, we also urge the Committee on Crime Prevention and Control to consider this topic for the agenda of the Seventh United Nations Congress on Crime Prevention and Control to be held in 1985. .
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