Use of Force and Command Responsibility

Between 28 and 30 April 2016, The Brandenburg University of Applied Police Sciences hosted an international conference on The Police and International Human Rights Law in Berlin, Germany. This unique event brought together a variety of participants (about 80 from more than 20 countries across the world) including police officers, academics and human rights activists as well as officials from government authorities and international organisations.

The event was organized to provide participants with an updated picture of human rights law relating to the police as it stands today. Various international experts presented and participants discussed current issues such as the deadly use of force, the prevention of torture, racial profiling, the protection of personal data, and many others.

On behalf of the Police and Human Rights Programme of the Dutch Section of Amnesty International, Anja Bienert delivered a presentation on “The use of force by the police and command responsibility”. This presentation was based on the findings and recommendations presented in the AI “Guidelines for implementation of the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials”. It placed strong emphasis on the responsibility of commanders for their own actions and omissions – also while planning, preparing and taking precaution prior to any operation – and for the establishment of a human rights compliant operational framework for their subordinates. It further underlined the commander’s duty to exercise effective supervision and control and take corrective action whenever necessary, as well as their obligation to ensure that any unlawful use of force is properly investigated. The presentation, as well as the “Guidelines on the Use of Force”, were very well received and triggered quite positive feedback.