Use of Force Module - Rules of Law May 9-13, 2016 SKB
Syllabus Overview and Themes
1. Course Expectations and Team Building
• To begin the course teambuilding process
2. Introduction to Human Rights
• To introduce Human Rights Standards, Codes and Charters with specific importance to policing.
3. Human Rights Awareness
• To help the participants to understand the term “human rights” and the implications that human rights have on the work of the police.
4. Application of General Human Rights Principles
a. Human Rights Standards and Practice
b. Ethical and Legal Conduct
5. Corruption and Police Ethics
6. Noble Cause Corruption
• Breaking the law to enforce it: compromise and the double edged sword
7. Human Rights and Policing
• To help the participants to understand the term “human rights” and the implications that human rights have on the work of the police.
8. Policing in a Democratic Society: Upholding the Rule of Law
• What is democracy? Concepts and Core Values.
• To examine the role and purpose of police in society.
• To encourage participants to see Police Officers as human rights protectors and guarantors.
• To stress the role of law enforcement as agent of the state, impartial enforcer of democratically determined societal codes, laws and regulations.
9. Non‐Discrimination in Law Enforcement
• To discuss the principle of non‐discrimination as a critical element of a democratic society founded on human rights and fundamental freedoms.
• Look at forms of discrimination, positive and negative, as well as groups traditionally discriminated against.
• Case study: the realities of discrimination in the Iraqi Police.
10. Discrimination Issues
a. Minority Groups
b. Gender Equity
• To raise awareness about the negative effects of discrimination.
• Examine the expectations that men, women and society have regarding the role of women in a changing and post‐conflict society.
11. Domestic Violence
• To discuss the role of law enforcement regarding domestic violence.
• To examine the cycle of violence and police response.
• To discuss domestic violence in the context of the role of women, discrimination and human rights.
• Child Protection
12. Police Investigations
To examine specific human rights issues in relation to police investigations:
a. Arrest and Detention
To examine why arrest and detention is an area that is vulnerable to human rights violations.
To identify types of police behavior which constitute mistreatment during arrest and detention procedures.
To review the grounds for arresting suspects, learn the procedures used in detention areas, and complete a set of detention forms.
b. Human Rights Considerations during Interviews
To examine how the interviewing of suspects by the police is an area that is vulnerable to the human rights violations.
To identify disputable measures/techniques.
c. Pre‐trial Police Behavior (and potential violations)
To discuss the role of the police in ensuring the respect for the rights of victims and suspects, focusing on the elements of pre‐trial policing that complement domestic and international standards for a fair trial.
To discuss areas where poor policing can lead to human rights violations.
d. Use of Force, Non-Lethal and Firearms
To explore reasons why the use of force is a vulnerable area for human rights violations
To identify actions by the police that constitutes misuse of force.
Use of Force Continuum
e. Fair Trial and Presumption of Innocence
To explore why it is important for the police to respect the right to a fair trial and to appreciate the centrality of the ‘presumption of innocence’ principle to policing and the right to a fair trial.
f. Protection and Interviewing of Children and Juveniles
To provide participants with an understanding of what is child abuse and child protection, what are the signs and indicators of child abuse, what are the agency and institutional responses to identified cases of child abuse, and what kind of special knowledge they have to obtain for investigating and interviewing children during juvenile investigations.
13. Terrorism vs. Crime
14. Trafficking
15. Legitimate Limitations of Freedom
• To examine limitations, exceptions, qualifications, or balancing of rights (limitation by legitimate legal objective)
16. Civil Disorder, States of Emergency and Armed Conflict
17. Refugees and Non‐Nationals
18. The Human Rights of Victims
• To highlight that police have a special responsibility to protect victims of crime. All victims of crime have the right to be treated with the proper and necessary respect, compassion and care, which demonstrates respect for their human dignity.
• To explain that police are required to act with due diligence to provide victims of crime with the complete, fair and equal access to all the mechanisms of justice and assistance, and take all necessary and legal steps to ensure their re‐victimization does not occur.
19. Arbitrary Interference with Privacy
• To examine why police interference with privacy can be a vulnerable area for human rights violations and to identify which actions constitute violations.
20. Freedom of Thought, Conscience, Religion, Opinion and Expression
• To highlight the importance of recognizing that the rights to freedom of thought, conscience and religion and to opinion and expression are of great significance to individual people and are fundamental to political democracy.
21. Freedom of Peaceful Assembly and Association
• To highlight the importance of recognizing that the rights to freedom of peaceful assembly and association are fundamental rights in a democratic society and that police have an important role in protecting these rights.
22. Police Command and Management
• Autonomy
• Policy and guidelines
• Leadership by example
• Oversight: accountability and transparency
23. Community Policing
• Public partnership
• Community relations
24. Sources for Human Rights Standards and Practice (Refer to Annex 1 Handed out during class)
Comparative Matrix