Code of conduct for law enforcement officials
Adopted by the General Assembly in its resolution 34/169, of December 17 of 1979
Article 1
Law enforcement officials shall at all times the duties imposed on them by the law, by serving the community and protecting all persons against illegal acts, in keeping with the high degree of responsibility required by their profession.
Comment:
A) The term "law enforcement officials" includes all officers of the law, whether appointed or elected, who exercise police powers, especially the powers of arrest or detention.
(B) in the countries in which police powers are exercised by military authorities, whether uniformed or not, or by State security forces, shall be deemed that the definition of law enforcement officials includes officials of these services.
C) in the service of the community seeks to include, in particular, the provision of support services to members of the community who, for personal reasons, economic, social or other emergencies, need immediate help.
D) This provision is intended to encompass not only all the violent acts of depredation and harmful, but also the whole range of prohibitions in the criminal law. It extends to the conduct of people who may not incur criminal responsibility.
Article 2
In the performance of their tasks, law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all persons.
Comment:
A) The human rights in question are identified and protected by national and international law. Between 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 against torture and other Cruel, Inhuman or Degrading Treatment or, 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.
B) in the comments of the different countries on this provision should indicate the regional or national provisions which identify and protect these rights.
Article 3
Law enforcement officials may use force only when strictly necessary and to the extent required for the performance of their tasks.
Comment:
A) in this provision are stresses that the use of force by law enforcement officials must be exceptional; while implies that law enforcement officials may be authorized to use force in so far as is reasonably necessary, depending on the circumstances for the prevention of a crime, in order to effect the lawful arrest of criminals or suspected criminals or to help carry it out and may not be used the force to the extent that exceed these limits.
B) The national law ordinarily restricts the use of force by law enforcement officials, in accordance with a principle of proportionality. It should be understood that these national principles of proportionality are to be respected in the interpretation of this provision. In no case should this provision be interpreted to authorize the use of a degree of force which is disproportionate to the legitimate objective to be achieved.
C) 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 an alleged offender offers armed resistance or put in danger, in some other way, the life of other people and cannot be reduced or stopped the alleged offender less extreme measures. In any case in which a firearm is discharged, should be reported immediately to the competent authorities.
Article 4
The issues of a confidential nature in the law enforcement officials are kept secret, unless the performance of duty or the needs of the justice strictly require otherwise.
Comment:
Due to the nature of their duties, law enforcement officials obtain information which may relate to the private lives of the people or to harm the interests, especially the reputation of others. Great care should be exercised in the protection and use of such information, which should be disclosed only in compliance with the duty or to serve the needs of justice. Any disclosure of such information for other purposes is totally inappropriate.
Article 5
Any law enforcement officer may inflict, instigate or tolerate any act of torture or other cruel, inhuman and degrading treatment or punishment, or invoke the order of a superior or special circumstances, such as state of war or threat of war, threat tonational security, internal political instability or any other public emergency, such as justification for torture or other cruel, inhuman or degrading treatment.
Comment:
A) This prohibition is derived from the Declaration on the Protection of All Persons against Torture and Other Cruel, Inhuman or Degrading Treatment or, adopted by the General Assembly, and in which stipulates that:
" [Any such act], is an offense to human dignity and will be condemned as a violation of the purposes of the Charter of the United Nations and human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights [and other international human rights instruments] ."
B) the Declaration defines torture as follows:
"[ ... ] torture means any act by which the public official, or another person at its instigation, is intentionally inflicted intentionally inflicted on a person severe pain or suffering, whether physical or mental, in order to obtain from him or a third party information or a confession, punishing him for an act that has been committed or is suspected of having committed, or to intimidate a person or other. Will not be considered torture pain or suffering arising only from legitimate deprivation of liberty, inherent in or incidental to, to the extent that they are consistent with the Standard Minimum Rules for the Treatment of Prisoners."
C) The term "cruel, inhuman or degrading treatment or punishment" has not been defined by the General Assembly, but must be interpreted that extends the broadest possible protection against any abuse, whether physical or mental.
Article 6
Law enforcement officials shall ensure the full protection of the health of persons in their custody and, in particular, take immediate steps to provide medical care when needed.
Comment:
A) The "health care", which refers to the services provided by any type of medical personnel, including practicing physicians enrolled in the respective professional association and the paramedical staff, will be provided when needed or asked.
B) although it is likely that the medical staff can be attached to the law enforcement bodies, law enforcement officials must take into account the opinion of the staff when recommending that the person in custody on appropriate treatment through medical personnel not assigned to the law enforcement bodies or in consultation with the.
C) It is understood that law enforcement officials also provide medical care to the victims of a violation of the law or of an accident in the course of a violation of the law.
Article 7
Law enforcement officials do not commit any act of corruption. It is also rigorously oppose all such acts and combat.
Comment:
A) Any act of corruption, in the same way as any other abuse of authority, is incompatible with the profession of law enforcement officer. The law must be enforced fully with respect to any law enforcement official who commits an act of corruption, because governments cannot expect to enforce the law to its citizens if they cannot, or do not want to, enforce the law against their own agents and in their own agencies.
B) although the definition of corruption must be subject to national law, it must be understood that covers both the commission or omission of an act on the part of the responsible, in the performance of their functions or with reason of these, in virtue of gifts, promises, or stimuli, required or accepted, as the reception of these improper once done or omitted the act.
C) It should be understood that the expression "act of corruption" mentioned above covers the attempted corruption.
Article 8
Law enforcement officials shall respect the law and this Code. Also will do its utmost to prevent any violation of them and rigorously oppose to such violation.
Law enforcement officials who have reason to believe that has occurred or is about to occur a violation of this Code shall report the matter to his superiors and, if necessary, any other authority or appropriate agency that has powers of control or corrective.
Comment:
A) The present Code shall apply in all cases in which it was incorporated into national legislation or practice. If the legislation or practice contain provisions which are more stringent than those of the present Code shall apply those provisions more stringent.
B) The article seeks to preserve the balance between the need for internal discipline of the agency on which public safety is largely dependent on the one hand, and the need for dealing with violations of basic human rights, on the other. Law enforcement officials shall inform the violations of their immediate superiors and only take other lawful action without respecting the hierarchical scale if there are no other possibilities of rectification or if these are not effective. It is understood that no penalties apply administrative or other law enforcement officials for having informed of what has happened or is going to happen a violation of this Code.
(C) The term "authority or appropriate agency that has the authority to control or corrective" refers to any authority or any existing agency in accordance with national legislation, is already part of the compliance body of the law or is independent of this, you havestatutory powers, customary or other to examine claims and complaints of violations within the scope of the present Code.
D) in some countries can be considered that the mass media fulfilled control functions similar to those described in subparagraph (c) above. In consequence, could be justified that law enforcement officials, as a last resort and in accordance with the laws and customs of your country and to the provisions of article 4 of the present Code, they bring violations to the attention of public opinion through the media for the masses.
E) The law enforcement officials to observe the provisions of this Code deserve respect, total support and collaboration of the community and the executing agency for the law in which they are serving, as well as other law enforcement officials.