A flawed process: Revision of the Dutch use-of-force policies

In the Netherlands, AI is following some worrying developments with regards to the use of force policy and equipment used by the Dutch police. Between February 2017 and February 2018, police piloted the introduction of electro-shock weapons in day-to-day policing. As AINL highlighted in the report “A Failed Experiment: The Taser-Pilot of the Dutch Police”, the weapon was often used in a highly problematic manner, in situations where there was no threat to life or risk of serious injury as well as against mentally ill persons and persons who were already restrained. The Taser was also frequently used in drive-stun mode which is not incapacitating, but only serves the purpose of inflicting pain and should be prohibited.

The Dutch police has also recently started a consultation process, in which AINL participates, on kinetic impact weapons to determine if and how they may be an appropriate weapon for law enforcement. This consultation however does not seem to genuinely influence the decision-making process regarding the policy: The Minister of Justice and Security recently already presented a revised version of the ministerial instructions which regulate the use of force and equipment for the Dutch police (‘Ambtsinstructie’): Not only is it a vague document with low use-of-force thresholds that is failing to establish clear and human rights compliant criteria on the use of force. It also introduces electro-shock weapons and kinetic impact projectiles while the evaluation and consultation processes on these weapons are still ongoing. As part of the open consultation process, AINL submitted a briefing to the Dutch authorities to voice serious concerns about both the content of the instructions and the process behind it.