HIGH COMMISSIONER FOR HUMAN RIGHTS. CENTRE FOR HUMAN RIGHTS. Geneva & PROFESSIONAL TRAINING SERIES No. 5 Human Rights and Law Enforcement A Manual on Human Rights Training for the Police @) ——— UNITED NATIONS New York and Geneva, 1997NOTE The designations employed ant the presentation of the matenal m tins publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations conceming the legal status of any country, territory, city or area, or of its authorities, or conceming the delimitation of its frontiers or boundaries, cl Material contained in this publication may be freely quoted or repented, provided credit is given and a copy of the publication containing the reprinted material is sent to the High Commissioner for Human Rights/Ceatre for Haman Rights, United Nations, 1211 Geneva 10, Switzerland. HRRIPTS UNITED NATIONS PUBLICATION ‘Sales No, B96 XIV.5 ISBN 92-1-156121-2 ISSN 1020-1688The administration of justice, including law enforcement... agen- cies . . . in full conformity with applicable standards contained in international human rights instruments, are essential to the full and non-discriminatory realization of human rights and indispensable to the processes af democracy and sustainable development. The advisory services and technical assistance programmes of the United Nations system should be able to respond immediately to re- quests from States for educational and training activities in the field of ‘euman righis as well as for special education conceming standards a; contained in international human rights instruments and in humanizar jen law and their application to special groups such as... law enforcement personnel VIENNA DECLARATION AND PROGRAMME OF ACTION (Pact, para. 27; Pant IL, pare, 82)NOTE TO MANUAL USERS ‘This manual is one component of a three-part package of ma- terials for human rights taining for police. ‘The police training pack- age also includes a loose-leaf trainer’s guide, and a pocket book of hunoan rights standards for police. The three components of the package are designed to complement each other, and, taken together, provide all necessary elements for the conduct of human rights train- ing programmes for law enforcement officials, under the approach developed by the United Nations High Commissioner for Human RightsiCentre for Human Rights. This Manual (Component One of the package) provides in- depth information on sources, systems and standards for human rights in law enforcement, along with practical guidance, and an- nexed international instruments, The Trainer’s Guide (Component Two of the package) pro- vides instructions and tips for trainers, additional exercises, and sam- ple training tools, such as overhead transparencies, to be used in con- cert with the manual in conducting police training courses. The Pocket Book of standards (Component Three of the pack- age) is designed to be a readily accessible and portable reference for law enforcement officers, containing hundreds of poist-form stand- ards, organized according to police duties, functions and topics, and referenced with detailed endnotes. ‘Manual users interested in obtaining copies of the Trainer’s Guide and Pocket Book should contact the High Commissiones/ ‘Centre for Human Rights.FOREWORD Consider the simple logic of the Universal Declara- tion of Human Rights" (preamble): Whereas iti essential if ran isnot to be competed to have te- course, 38 Test resort, (0 rebellion against tyranny and oppression, ‘hat umn rights Should he protected by the rule of Tae - ‘The message is as clear today as it was in 1948. With- out the maintenance of the rule of law, violations of tights ocour; and where violations occur, rebellion is fo- mented, The conclusion is inescapable: violating human rights cannot contribute to the maintenance of public or- det and secarity, but can only exacerbate their deteriora- tion. This message should, by now, be seen as axiomatic. For the United Nations, at least, nothing could be more clear. Why, then, do the old myths continue to survive in some law enforcement circles? We have all heard the ar- gument that respect for human rights is somehow anti- thetical to effective law enforcement—the tired old no- that, in order to enforce the law, capture the criminal and secure his conviction, it is necessary to “‘bend the rules” a little. We have ‘all seen the tendency to use overwhelming force in putting down demonstrations, or physical pressure to extract information from detainees, or excessive force to secure an arrest. To this way of thinking, law enforcement is a war against crime, and fhuman rights are merely impediments thrown in the path of the police by lawyers and non-governmental human rights organizations. Such myths survive, even though history has shown us, again and again, that nothing could be farther from the truth, For the user of this manual, the task at hand is to work, to dispel, once and for all, these foolish but enduring myths; to declare, and to convince your police col- leagues, that violations of human rights by police can only make the already challenging task of law enforce- ment more difficult; to remind the world that, when the law enforcer becomes the lawbreaker, the result is not only an assault on human dignity, and on law itscif, but the creation of barriers to effective policing The practical effects of police violations are multi- fold: they erode public confidences they exacerbate civil unrest; —they hamper effective prosecutions in court; —they isolate the police from the community; —they result in the guilly going free, and the innocent being punished; nce references for the international human eights instruments cited inthis manual are givec in the list of istruments om pp be coxay below. —they leave the victim of crime without justice for his suffering; —they bisect che concept of ‘law enforcement’, re- moving the clement of “law”; they force police agencies to be reactive, rather than preventive in their approach; —they elicit intemational and media criticism and po- Jidical pressure om the Government. Conversely, respect for human rights by law enforce- ment agencies actually enhances the effectiveness of those agencies. In this sense, respect for human rights by police, in addition to being a legal and ethical impera- tive, is also a practical requirement for law enforcement. ‘When police are seen to respect, uphold and defend hu- man rights: —public confidence is ‘cooperation fostered: —a contribution is made to the peaceful resolution of conflicts and complaints; —legal prosecutions are successful in court: —police are seen as part of the community, perform- ‘ng a valuable social fanetion; —the fair administration of justice is served and, con- sequently. confidence in the system is enhanced; —an example is set for others in society to respect the Taw; —police are able to be closer to the community, and therefore in a position to prevent and solve crimes throngh proactive policing; support is elicited from the media, from the intema- tional community and from political authorities. Police officers and law enforcement agencies that re- spect human rights thus reap benefits which advance the very objectives of law enforcement, while at the same time building a law enforcement structure that does not rely on fear and raw power, but rather on honour, profes- sionalism and legaiity. This vision of the police officer is the basis of the United Nations High Commissioner/Centre for Human Rights’ approach to fnuman rights training for police. It sees the police officer not as the inevitable violator of hhuman rights, but as the first line of defence in the strag- gle for haman rights. Indeed, every time a law enforce ment official reaches out t0 help a victim of crime, everything he does (0 serve the community and to up- hold the law, including the law of human rights, places him at the forefront of this struggte. built and community ‘The importance of ensuring that human rights are pro- tected under the rule of law has been emphasized by the United Nations since the drafting of the Universal Decla-. and has guided the Organization in its activities for the promotion and protection of human rights ever since. This notion has been central to the work of the United Nations Programme ot Advisory Services and ‘Technical Assistance in the Field of Human Rights. This, programme has been engaged since 1955 in assisting ‘States, at their request, in the building and strengthening. Of national structures which have a direct impact on the, ‘overall observance of human rights and the maintenance of the rule of law. As the programme has evolved, s0 too have the areas, of assistance on which it has focused. Guided by succes- sive General Assembly and Commission on Human Rights resolutions, and by the nature of States” requests themselves, the programme gradually developed capac- ities for assistance in a range of areas, which now pro- vide a useful framework for national efforts directed at strengthening human rights and the rule of law. Thus the High Commissioner/Centre for Human Rights now takes ‘a comprehensive approack to human rights insttution- building, seeing as fundamental a number of constituent elements in national efforts to secure the protection of bbuman rights under the rule of law, including prionity at- tention to the strengthening of fair administration of jus- tice and humane law enforcement policies and practices. ‘The publication of Human Righis and Law Enforce- ‘ment is, we believe, a significant event in the ongoing ef- forts of the United Nations to promote and protect hu- ‘man tights, Indeed, the crucial intersection between the protection of fundamental rights and the maintenance of Taw and order deserves significant attention. Tt is pre- cisely this crucial nexus that was on the minds of the framers of the Universal Declaration when they clabo- rated article 29, paragraph 2, of that historic instrament: 0 tee of his rgb and ficedoms, everyone shell be subst nly Ws ign ae ermine by esi for th pa post of seetring due recognition and respect for the nights and fe Some of eters anc of meeting the As eequirements of mor, p> ie order and the general velfarcin & democrats society. Hence the mandate for police in modem democracies {s to protect human rights, defend fundamental freedoms ‘and maintain public order and the general welfare in a democratic society, through policies and practices which are lawful, humane and disciplined. ‘The police profession is, indeed, an honourable one, and one which is absolutely vital to the good functioning of a democratic society. Police should be proud that this ‘was implicitly recognized in the Universal Declaration of Human Righis half a century ago, and has been ex- Plicitly seated in so many United Nations human rights Tnsiruments since then, including the Code of Conduct for Law Enforcement Officials, the Basic Principles on the Use of Force and Firearms by Law Enforcement Of- ficials, and a host of other declarations and guidelines. ‘These are international standards directly relevant to the ‘work of police, developed not to impede law enforce ment, but to provide invaluable guidance for the per- formance of that crucial function in a democratic society. Yer, in order to protect human rights, police must first Know what they are. The United Nations has been pro- viding human rights training to law enforcement officials for over three decades, in recognition of the key role that this group plays in the human rights situation in every society. Nevertheless, it was only in January 1992, after a careful review of the methodology and impact of these courses, that the High Commissioner/Centre for Human, Rights embarked on the new and innovative approach to Jaw enforcement training that has resulted in the publica- tion of this manual. For years, the United Nations Programme of Advisory Services and Technical Assistance carried out innumer- able training courses for police in each of the world’s re- gions. In many cases, these courses were the first expo- Sure that the participants had to the international human rights standards governing their professional conduct, As such, that these exercises were justified seems beyond dispute. But how effective were they? Three years ago, the High Commissioner/Centre for Human Rights initi- ated 4 process to answer this question, The resnlts of this inquiry have dramatically changed the way we approach ‘our efforts at assisting police agencies in respecting hu- rman rights, Traditional approaches to human rights training cer- tainly carried with them some level of benefit to course participants. At the very least, they helped to make na- tional law cnforcement officials aware of the existence of international sources, systems and standards for hu- ‘man rights in the administration of justice. But the High Commissioner/Centre for Human Rights, in its review of these activities, was not satisfied that such courses were sparting the necessary skilis and attitudes to ensure that emational principles could be translated by practi- tioners into appropriate and effective operational behav- jour. Early courses were comprised of a series of professo- rial and essentially theoretical lectures by human rights ‘experts on general notions of human rights. As the train- cers themselves had no practical experience as law en- forcement officers, there was litle effort, indeed little Possibility, to leave behind a lasting capacity for the im- plementation of international stmdards in the everyday ‘work of police. For the most part information was deliv ‘ered through lectures, and focused almost entirely on. negative admonitions such as: “‘police shall not use ex- ‘cessive foree in carrying out theit duties” Of course, police must know the rules. Yet this alone has clearly not been sufficient in and of itself, to affect police behaviour meaningfully. According to the report ‘of one parliamentary commission investigating viola- tions at the country's police stations, the police, when confronted with evidence of abuses, sa that ey lacked understanding aboot interrogation methods and {echnicues, tbat they caried out interrogations by outdated methods, and that they did ot know how interogctions were carriod out ‘democratic and developed counts. n order to compare their meth fds and improve them, they warted to hive the chence to do research and make observations on interrogation methods in democratic coun- Such statements reveal two important areas of focus for police trainees, First, offering justifications of any kind for serious violations like torture demonstrates a leek of familiarity with the most fundamental standards for human rights in the administration of justice. There are no legitimate justifications for such acts. Secondly, police in the real world want to know not just what the rales are, but also how to do their job effectively within the confines of those rules. Training efforts which ignore either of these areas will probably be neither credible noreffective, Accordingly, the Centre includes practical in- formation on proven techniques for the performance of the target audience's duties, as derived from the cecom- mendations of experts and literature on the current best practice for the profession in question. ‘Thus the Centre became convinced that, to be truly practical, police training must inchide the participation of trainers experienced in law enforcement. In the expe~ rience of the Centre, much mere can be accomplished through the collegial approach of police discussing with police than by a professor-student model of training. The ‘Centre therefore began to assemble a list of trainers and consultants which is practical in orientation. Rather than assembling panels composed entirely of professors and theorists, the Centre includes practitioners in the law enforcement field, This approach has allowed the Centre to access the distinet professional culture which surrounds police, and to make training sessions much more practical and relevant to the work of police. At the same time, police practitioners and trainers ate rarely experts in human rights; they are therefore accom- panied and directed by expert staff of the Cemre and of ‘the United Nations Crime Prevention and Criminal Jus- tice Branch, thus ensuring that the substance of United Nations standards is fully and consistently reflected in the course contents. Panels of trainers composed of these two complementary groups provide the best hope of de- livering courses whtich are adequate in both substance and the all-important element of practicality. ‘The Centre's review process provided other lessons as well. The Centre leaned that police training courses must, if the audience is to be engaged, be organized around the daily duties of police Gnvestigations; arrest; detention; the use of force and firearms), and not accord- ing to particular human rights instruments. Due attention must be paid to the rights of vietims of crime, with ‘whom the police most readily sympathize. Lecture pres- entations must make way for teaching techniques which are interactive (role-playing, practic, case-studies, and 30 on), thus assuring the active participation of trainees. A “uain the trainers” approach must be employed, in ‘order to multiply the impact of each course, and to build local capacity. A thorough presentation of standards ‘must be complemented by sessions designed to sensitize police to the importance of human rights, and to their ‘own potential for violative behaviour, however uninten- tional, Finally, cach course developed under this ap- proach must be carefully ‘ailored 10 take account of the particular cultoral, educational, historical and political realities of the country which Ure audience iy elongest with serving and protecting. ‘These fundamental lessons provided the basis for the development of the Centre's police programme. Each ‘was incorporated into an approach to training police ot which was formally introduced in 1992, and which has since been piloted in a number of countries in Africa, Asia, Latin America and Europe. National police train: ers, commanders and operational officials, as well as po- lice officials serving in civilian police (CIVPOL) com- ponents of United Nations peace-keeping operations, have henefited from courses under the programme. Mott importantly, each piloting was followed by appropriate review and revision of the programme, in an ongoing and concerted programme development effort culminat- ing in the publication of this manual. The programme has, since its inception, benefited from the valuable input of a number of the Centre's part- ners. Useful advice has been received from the Interna- tional Commission of Iurists, the Raoul. Wallenberg Institute for Human Rights and Homanitarian Law, the Henri Dunant Institute, INTERPOL, UNHCR, ICRC and ‘@ number of police ‘agencies and training institutes around the world. In addition, a workshop was convened in Geneva in May 1993 to discuss the Centre's proposed ‘manual and approach to taining. The workshop was at- tended by police trainers and practitioners from all ce- gions, as well as by leading non-governmental organi- zations and human rights experts in the field. In the piloting of courses under the programme, the Centre has gained from the valuable expertise of dozens of police consultants from around the worle, For all of this crucial support, the High Commissioner/Centre for Human Rights expresses its thanks. Special acknowledgement is due to the Crime Preven- don and Criminal Jostice Branch of the United Nations Centre for Social Development and Humanitarian Af- fairs in Vienna, This manual, and the Centre for Human Rights! police programme, are two elements of a joint project conducted with the Crime Prevention and Crimi- nial Justice Branch since 1992, in a full and fruitful part- netship for which the High ‘Commissioner/Centre. for Haman Rights is most grateful. Finally, and most especially, the United Nations ac- knowledges and offers its thanks to the principal author of this manval's first draft, Mr, Ralph Crawshaw of the ‘Human Rights Centre. of the University of Essex in the United Kingdom, Ae José AvaLa Lasso United Nations High Commissioner for Human RightsCONTENTS Page Foreword v Abbreviations... soe XV Intemational instruments cited in the present manual xix Statement of objectives. einen 1 Part One, Training law enforcement officials—Policy and practice Choper Paragraphs I. Approacn oF THE Unrre NaTions Hic Cooasstonzi/CEeTRe FoR Hustan’ RIGHTS To POLICE TRAINING .. we MOS A. Collegial presentations 2 5 B. Training the trainers 3 5 C. Pedagogical techniques. 4 5 D. Audience specificity ... 5 5 E, Practical approach ..-..0~ 6 5 F. Comprehensive presentat 7 6 G. Teaching to sensitize 8 6 LH. Flexibility of design and application .. 9 6 1. Evaluation t0018 nnn 10 6 TE. ParticiraNts (Nv TRAINING PROGRAMMES . 11-2007 A. Definition and categories W137 B. Specific reasons for training various cep of low enforcement OFFCIALS ease snnonnnnennn ve 4187 Significant characteristics of law enforcement agencies and officials - 19.208 EFFECTIVE TRAINING TECHNIQUES «yn snsrnnnnnnninneninnnnn 24d 9 A. Leaming objectives.. 2-229 B. General recommendations ... 23 9 C. The participatory method 2426 9 1D. Participatory techniques 242 10 1, Presentation and 28-2910 2, Panel discussi0n wenvanemn 30-3110 3. Working groups... 20 4, Case-studies... 334 5, Problem-soh 35:36 I 6. Simulation/role-playing .. 37381 7, Field tp accom 7 38a 8. Practica (practical exercises) 0 9. Round-table discussions ato 10. Visual aid 2 ou E, Locations for training courses.. eo ou F. Planning for participants’ needs 4 12Chapter vu. vin. Paragraphs Page EDUCATORS AND TRAINERS... 45-49 A. Users of the manual . 45-46 B. Selection of educators and trainers. a7 ©. Briefing of educators and trainers 48 D. Tasks of the trainer .. 49 Using THe MANUAL, 50-89 A. Part Two (Fundamental concepts) . sts B. Part Three (Police duties and functions) .n-nmnnn 59.67 CC. Part Four (Groups requiring special protection or weatment... 68-73 D. Part Five (Matters of command, management and control). 74.16 E. Format of chapters .. 1738 Fo Annexes nnn 89 FoRMAT AND CONTENT OF COURSES .. 90-115 A. Introduction... 90.92 B, Observations on chapter topics 93-102 C. Motel course formats ..1unsnennnnnesesne 103-114 1. The full course ss 105-107 2. Seminar for senior law enforcement officials... 108-111 3, Basic course for law enforcement officials below command level 112-114 D, Concluding remarks 1s Part Two. Fundamental concepts SOURCES, SYSTEMS AKD STANDARDS FOR HUMAN RIGHTS IN LAW BHFORCEMENT 116-172 ‘A. Relevance of international standards... 116-119 B. The basie sources 120-148 1. Charter ofthe United Nations un 120-122 2. Universal Declaration of Human Rights... 123 3, Treaties: covenants and conventions .nrnnuenneo 124-138 4, Principles, minimum rules, and declarations 139-448 C.United Nations buman rights machinery ene 140-163 1. Conventional (treaty-based) mechanisms 153-156 2, Extraconventional (Charter-based) mechanisms 157-163, (a) 1503 procedure 158-159 (b) Selected special rapporteurs and working groups. 160-163, BD. Sources, systems and standards atthe regional level 164-170 1, The European system under the Council of Burepe ... 165-168 2, The inter-American system under the Organization of American State 169 3. The african system under the Organization of African Unity 170 E, Conclusions. VE172 F, Basic chapter review se G. Hypothetical exercise... H. Topics for discussion sense [ETHICAL AND LEGAL POLICE CONDUCT smn 173-192 ‘A. Intemational standards on ethical and legal police conduet—Infor- - . sevssnen 1T%192 mation for presentations 3 B B B 1B Is 15 15 16 1Chapter Paragraphs Page 1. Introduction .. 173-176 2. Genera aspects of ethical and legal police conduct 177-186 (a) Fundamental principles ..nrnnmnnnn 17 @) Specific provisions on ethical and legal police conduct 178-186 (Police cthics and the use of force... 182-183 Gi) Hibial and egal police conduct individual respon SIDIIHY sonesnone seamen 184 Gi) Ethical and legal police conduet—uty to report vio- TaHOMS so 185 (iv) Ethical and legal patice condue:—exceptional circum- stances and public emergencies... 186 3, Concluding remarks. svennenen 187-192, B, Intemational standards on ethical and legal police conduct—Practical application... 1. Practical steps for implementing international standards 2. Hypothetical exercises. . 3. Topies for discussion TX. Pourcane wy Democracies . sesamin 193-224 ‘A. Intemational standards on human rights and policing in democ- sacies—Information for presentations... oenninenenae 193-224 193-198 199-222 1. Introduction... 2. General aspects of policing in democracies (a) Fundamental pri os 199 {b) Specific provisions on policing in democracies . 200.206 (@) The right to freedom of thought, conscience and religion .. 201-202 Gi) The tight to freedom of opinion and expression womens 203-204 Ci) ‘The sights wo freedom of peaceful assembly and assoc- ation 208-206 (e) Political sights and the role ofthe police. 207-209 (2) Specific provisions on policing and democratic elections wun 210-215 (©) Specific provisions on democratic policing 216 (i) Representative policing 217-218 (ii) Responsive policing 219-220 iii) Accountable policing, 221-222 3, Conetsding remarks wvnssnsmneane 223-224 B. Inernational standards on buman rights and policing in democ- racies—Practical application 1. Practical steps for implementing international standards 2. Hypothetical exetCises -runnnnennerninnumnsnnsnnnsnn 3. Topics for discussion XK. Pouce aN Now DISCRIMINATION seat 225-298 ‘A. Intemational standards on non-discrimination—Information for presentations 225-208 1, Introduction . 225-229 2. General aspects of non-iscrimination 230-296 (a) Fundamental principles... 230-231 (®) Specific provisions on non-discrimination .. 232-251 G@) The right to recognition as a person before the law 233-234 i) The right to equality before the law .. 235-237 The right to a fair triat 238-240 241-243, (¥) Tneitement to discrimination 244.247 (i) Derogation from obligations in times of emergency... 248-251 36 37 37 37 37 37 38 3B 38. 39 29 40 40 4 4 41 a a 2 42 2 a3 BChaprer Paragraphs Page (c) Provisions in instruments of particular relevance to law enforcement ... 252-262, (@) Code of Conduct for Law Enforcement Offi¢iaI5 vues 252-254 (ii) Basic Principles on the Use of Force and Firearms by Law Enforcement Officials 255-256 ii) Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment 257-258 (iv) Declaration of Basic Principles of Justice for of Crime and Abuse of POWEr wren (¥) Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment and Convention against Torture and Other Cruel, Inhuman or Degrading 259-260 ‘Treatment or Punishment .. 261-262 (@) Discrimination and race wren 263-270 (@) United Nations Declaration on the Elimination of Ail Forms of Racial Discrimination .. 264-267 (8) Intemational Convention on the Forms of Racial Diserimination (e) Discrimination and religion .-a-omemne Gj) Universal Declaration of Human Rights. “ (i) Declaration onthe Elimination of All Fons of tntoler- ance and of Discrimination Based on Religion or Belief 273-276 268-270 2-216 272 (P Diserimination and women... 277-283 (i) Declaration on the Elimination of Discrimination against Women .. smsnswone 278-280 (i) Convention on the Elimination of AN Forms of Dis- crimination against Women. snecivnnne 281-283 (g) Discrimination and children. rmamrnnnnnnene 284-296 (@ Incemationsi Covenant on Civil and Political Rights. 285 (Gi) Convention on the Rights of the Child 286-288 (h) Particular manifestations of discrimination .. rencnne 289-296 3. Concluding remarks 297-298 B. International standards on non-discrimination—Practical application 1. Practical steps for implementing international standards - 2. Hypothetical exercises. satunnnsn 3, Topics for discussion Part Three. Police duties and functions XL Pouce nvestigaTions ... coo 299344 ‘A. Intemational standards on police investigations—Information for presentations .. ms 299-344 1. Introduction = . 299-302, 2. General aspects of human rights and police investigations... 303-344 (a) Fundamental principles snes 303 (D) Specific provisions on investigations ... 304-326 (The presumption of innocence 305-307 () The right to a fair trial 308-310 Gi). Minimum guarantees to secure fair trial 311-321 a To be informed promptly and in detail of the charge against him of het mn 311-313 b. Tobe tried without undue delay ... 314-316 ¢. To examine, or have examined, the witnesses sn sem BUTBIS 4 vomipulsion to testify against himself or herself, or to confess guilt 320-321 a 50 31 SL St st 31 31 51 52 52. 52 52 52 52 52 53 33 33 53 3 34 54 34 55 S 2BesssssChapter Paragraphs Page (iv) Arbitrary interference with privacy. 322326 (©) Technical aspects of investigations «...nmennenen 327-330 (@) Management of confidential informants. 331-337 © Vietims sesso 338-342 3. Concluding remarks. 343-344 B._Tnemationalstandandson police investigations Practical application 1. Practical steps for implementing international standards «me 2, Hypothetical exercises. 3. Topics for discussion XI. Arrest ennnnntnnnnnuseni 345.380 345-380 345.347 348-378 ‘A. International standards on arrest—Information for presentations 1, Introduction . 2. General aspects of human rights and arrest (@ Fundamental principles se 348 (®) Specific provisions on arrest... 349-365, i) Prohibition of arbitrary arrest. 350.353 Gi) Procedures to be followed on arrest 354-356 Giiy_ Additional safeguards... 357-360 Gv) Arrest of juveniles ve 361-362 (¥) Compensation for unlawful arrest... 363-365, (©) Measures of derogation 366-371 (d) Enforced or involuntary diseppearances 2-318 Reports on disappearances. 377.378 3, Concluding reanarks oes 379-380 B. International standards on arrest—Practical application 1. Practical steps for implementing international standards ... 2, Hypothetical exercises a... 3. Topics for discu! - XL, Dereon 381-438 A. Intemational standards on detention—Information for presentations... 381-438 1. Introduction 381-384 2. General aspects of human rights during detention 385-435 (a) Fundamental principles... 385-386 (®) Specific provisions on detention 387 {i) Probibition of tortor .e-o- 388-397 Gi) General requirements on huroane treatment of detainees 398-403 ii) Juvenile detainees. sonnenne 404-410 iv) Women detainees ones AMAL (©) Interviewing or interrogating suspects 416-427 (@ Relevant international standards 418-420 Gi) Purpose of standards 421-422 (ii) Implications of standards for the intervi interrogation process ...eu- (d) Measures of derogation. (@) Enforced or involuntary disappearances 3. Concluding remarks. B. Inemalional standards on detention Practical oppication L__ Practical steps for implementing international standards. 2, Hypothetical exercises 3, Topics for discussion 423427 428-433 434-435 436-438 61 8 RAGS SSB SSSSSSSRARSRSChapter Paragraphs Pose XIV. Use oF FORCE AND FIREARMS ‘A. International standards on the use of force Information for presenta- 430-471 tions... me 439-471 1. Introduetion 439-492, 2. General aspects of the use of force 43-409 (@) Fundamental principles wm 443, (B) Specific provisions on the use of force 444-460 (i) Regulations; differentiated use of force 448, Gi) Non-violent means fist. 449 (iif) Exercise of restraint; humanitarian measure. 450 Giv) Use of force to be reported. 451 (8) Use of firearms sans 452-454 (vi) Policing public assemblies .. 455 (vii). Use of force on detainees 456 (sii) Recruitment and training. 487 (ix) Reponting and review... 458 (&) Management responsi 459 (xi) Unlawful orders: 460 (6) Use of force and the right to life. on 461-464 (2) Use of force and extralegal killings 465-466 (©) Use of force and disappearanees.. 461-469 3. Concluding remarks.. a sunons ATOKT B. International standards on the use of force—Practical application .. 1. Practical steps for implementing international standard: 2. Hypothetical exercise sienna 3. Topics for discussion sn XV. CIVIL DSORDR, STATES OF EMERGENCY AND ARMED CONFLICTS 472-569 A. Intemational standards on armed conflicts, states of emergency and civil disorder—Information for presentations... sennnenne 472-569 1. Introduction sense 472-480 2. General aspects of human rights and humanitarian standards during armed conflicts and civil disorder ....., 481-566 (@) Fundamental principles... 481-482 (®) Specific provisions on human rights and humanitarian standards during armed conflicts and civil disorder 483-490 i). Most vulnerable humnan rights.. 483 i) “The law regulating armed conflict... 484-486 i) Types of armed conflict and categories of persons 487-490 (©) International armed conflict...» 491-499 (Status of police. 494-499 (ii) Rights, duties and responsi 500-502 (d) Nos-intemational aimed contlict.. W339 {@) Common article 3 505-507 508-517 Gif). Status “ 518 (iv) Doties and responsibilities of potice . 519 {e) Civil disorder en 520-536 4) Definitions and characteristics of civil disorder. 522-523 Gi) International standards reine 524-526 (iii) Homanitarian principles and standards 5217-534 (iv) Duties and responsibilities of police 535-536 (f) Terrorism .. se 537-554 @ Definitions and types of terrorism 538-544 Gi) Acts of terror during armed conflict . 545-547 iy 84 86 86 87 87 87 87 87 87 87 87 87 87 a7 88 88 38 BB 88 88 88 89 3se 101Ohapter Parographs Page Gii) International cooperation against terrorism oc. 548-553 101 Gv) Duties and responsibilities of police rennensnms 554 102 (g) States of emergency and measures Of AEtOBMHION aonnevennr 595-566 102 (i) Treaty provisions rm 556565 102 )) Responsibilities of police .. 103 3. Concluding remarks ns se 103 B. International standards on armed conflicts and civil disorder Practical application “ “ 103 LL Practical steps for implementing intemational standards... 103 2, Hypothetical exercises... 106 3, Topies for discussion 107 Part Four. Groups requiring special protection or treatment XV Pouce aND THE PROTECTION OF JUVENILES ... sommninnnnnnnn 570675 WE ‘A. Intemational standards on police and the protection of juveniles— Information for presentations, . 570-675 112 1. Introduction ..... sn . 570572 112, 2. General aspects of police and the protection of juveniles wana. 573-671 112 (@) Fundamental principles 3s 112 () Specific provisions on human rights, police and the prove tion of javeniles ennr.m ST4671 112 Gi) United Nations Standard Miniroum Rules for the Administration of Juvenile Justice (Beijing RUGS)... 575-607 112 (ii) United Nations Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines)... 08-615 114 (ii) United Nations Rules for the Protection of Juveniles Deprived of thetr Liberty 516-626 116 Gv) Conveotion on the Rights of the Child unnwne 627-653 7 (¥) United Nations Standard Minimum Rules for Non- custodial Measures (Tokyo Rules) snme S467 119 3. Concluding remarks... mee STR6IS 120 B. International standards on police and the protection of juveniles— Practical application . 121 1. Practieal steps for implementing international standards 121 2. Hypothetical exercises... - 122 3. Topics for discussion... stn 122 XVIL LAW ENFORCEMENT AND THE RIGHTS OF WOMEN... ss 616-757 124 A. Intemational standards on law enforosment and the tights of ‘women—Information for presentations 676-787 125 1. Introduction 676 680. 125 2. General aspects of human rights of women end law enforcement 681-754 125 (@) Fundamental principles... 681-682 125 (} Specific provisions on human tights of women and law enforcement . - 683-754 125 @ Prowetion of WOMEN wyovseweearnnewnmncnevncnn BRATS 125 2. Women and discrimination so 684-702 125 Women as vietims of domestic violence wvsesenne T0B-7E9 127 ¢ Women as victims of rape and other sexual offences fan 700-726 128 4. Women as detainees . TS 128 ¢. Protection of women in time of conflict 32-746 129 Gi) Women as police officials M7754 130 3. Concluding remarks sn onmmnnenian somone 155-757 131XVII REFUGEES AND NON-MATIONALS.. International standards on Information for presentations. A B, XTX, PROTECTION AND REDRESS FOR VICTIMS A Paragraphs Page International standards on law enforcement and the rights of women—Practical application... 1. Practical steps for implementing international standards. 2, Hypothetical exercises nmin 3. Topics for discussion 758-823 758-823 1. IntrOGUCtIOR rnrenme « 1758-765 2. General aspects of human righ of refugees and non-nationals .. 766-819 (a) Fundamental principles see ' 766 (8) Specific provisions on inxman rights of refugees and non- AKLOMAIS veneer 167771 (©) Specific provisions of the 1951 Convention relating to the Status of Refugees 772-782 (4) Specifie provisions of intemational human rights law and international humanitarian law relevant to the situation of refugees, 783-790 (©) Internally displaced persons. seen 791-794 () Specific provisions ofthe Declaration on the Human Rights of Individuals Who are not Nationals of the Countey in which They Live 795-802 {@) Specific provisions of intemational human rights law and international humanitarian law relevant to the situation of non-nationals ne 803-808 (R) Specific provisions of the 1954 Convent Status of Stateless Persons... (@ Specific provisions of international human rights law ancl international humanitarian law relevant to the siteation of StaIE]€S8 PETSONS wren 3. Concluding remarks... om International standards on refugees and_non-nationals— Practical application. 1. Practical steps For implementing international standards .. 2. Hypothetical exercise 3. Topics for discussion 809-817 818-819 820-823 824.877 International standards on human rights of victims, protection and redress—Information for presentations .. 824.877 1, Introduction .. saw $24-829 2. General aspects of human rights of vietims, protection and redress (@) Fundamental principles... (b) Specific provisions on human rights of victims, rowation and redress snnmnnns 831-836 (©) Protection of vietims of erime 837-857 (@) Protection of victims of abuse of power .. 858-863 (e) Recommendations for implementation of the Declaration ‘of Basic Principles of Justice for Victims of Crime and 830 864-866 867-873, 874-877 3, Coneluding remarks . International standards on human rights of vietims, protection and redess—Practical application 1. Practical steps for implementing international standards. 2, Hypothetical exercises... 3. Topics for discussion 13H BI 132 133, 134 136 136 136 136 136 137 137 138 139 139 140 140 140 141 1 1a az 143 144 144 144 144 145 146 147 147 148 148 148 149 WwXX. Part Five, Matters of command, management and control "HUMAN RIGHTS IN POLICE COMMAND, MANAGEMENT AND ORGANIZATION... ‘A. Inemnational standards on police command, management and rgunizastion—tn formation for presentations i 1. Introduction . 2, General aspects of human rights and police command, man ‘agement and organization. (@) Fundamental principles. (8) Specific provisions on human rights implications for police command, management and control (©) Purposes and objectives of a police organizatior (d) Professional cthies soon (©) Strategic planning and policy-making (D Systems for command, management and control 6) Responsive and accountable policing (Gi) Human rights and police investigations Gil) Human rights on arvese iv) Homan rights during detention (v) Human rights and use of force by police &) Recruitment sonevn Human rights, pofice and non-discrimnination... Gi) Homan rights and policing in democraci (8) Training srnnesennenn (i) Use of force . Gi) Treatment of detainees .... Gi) Armed conflict and civil disorder... Gv) Protection of juveniles... (¥) Protection and redress for victims... 3, Concluding remarks wnnmnmnmennnn B.Inematonal standards on police command, management and orgai- zation—Practical application 1. Practical steps for implementing imernational standards 2. Hypothetical exercise seen 3. Topies for discussion INVESTIGATING POLICE VIOLATIONS ‘A. Intemational standards on investigating human fights violations % police—Information for presentations... 1, Introduction .. 2 General aspects of investigating boman rights police (@) Fundamental principles (2) Specific provisions on complaint, review and investigation .. (i) Code of Conduct for Law Enforcement Officials . (ii) Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment. Gii) Convention against ‘Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment . (iv) Principles on the Effective Prevention and Inves- Uigavion of ‘Earlegal, Articary and Seminary Executions (+) Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment violations by ah Paragraphs Page 878-943 878-943 878-884 885-940 885-887 888-889 990-893 894-901 902-907 908-923 909-910 SUL-915 916 917-919 920-923 924 925 926-927 928-940 932-933 934.935 936-937 938 939.940 941.943 944-985 944-985 944-948 949.979 949-950 951-973 952-955 956-957 958-961 962-964 965-969 153 isa Is4 155 155 155 155 156 156 157 187 157 158 158 158 158 158 158 159 159 159 159 159 159 160 160 160 to 161 163 164 164 164 164 164 164 169 165 165 165Parasrophs Page (vi) Basic Principles on the Use of Forve and Firearms by Law Enforcement Officials 970-973 166 (©) Enforced or involuntary disappearances... 974.978 166 (@) Intemational procedures and bodies established 10 secure compliance with human rights standards 979 166 3. Concluding remarks 980-985 166 B. International standards on investigating human rights violations by police—Practical application 167 1. Practical steps for implementing intemational standards ...... 167 168 169 2. Hypothetical exercises 3. Topics for discussion... ANNEXES 1. Principal international instruments refating to law enforcement.. iL Model course oVtbine ..nmnnnnnen IL. Pre-course questionnaire acon ¥. Post-course examination. V. Post-course evaluation ABBREVIATIONS ECOSOC Economic and Social Council IcRc International Committee of the Red Cross INTERPOL International Criminal Police Organization oaAU Organization of African Unity UNCER Office of the United Nations High Commissioner for Refugees xviiINTERNATIONAL INSTRUMENTS ‘ited in the present manual ABBREVIATIONS Compilation Human Rights: A Compilation of faternational Insruments, vol. (2 pars) Universal Iniruments (United Nations publication, Sales No, E.94.X1V.1): vol. Th, Regional Insirarenis (co be sed) Eighth Congress Eighth United Nations Congres on the Prevention of Cine and the Teceiment report ‘of Offenders, Havana, 27 Augus-7 Sepember 1980: report prepared by ihe Secretariat United Nation publication, Sales No, E91 IV.2) ‘The instruments referred to in the manual are listed in chronological order in each of the categories below. ‘Where relevant, the shor: title by which an instrument has been identified is indicated. Source ‘UNIVERSAL INSTRUMENTS INTERNATIONAL BILL OF HUMAN RiGHTS Universal Declaration of Human Rights General Assembly resolu- tion 217 A (II) of 10 De- comber 1948; Compita- tidn, vol. I, p. 1. See also annex 1.1 below. International Covenant on Economic, Social and Cultural Rights General Assembly resolu- (entry into force, 3 January 1976) tion 2200 A (XXI} of 16 December 1966, an- nex; Compilation, vol. I, pd International Covenant on Civil and Political Rights (entry into General Assembly resolu- force, 23 March 1976) tion 2200 A (XXT) of 16 December 1966, annex; Compilation, vol. I, p. 20. See also annex 1.2 below. Optional Protocol to the International Covenant on Civil and Po- General Assembly. resolu- litical Rights (entry into force, 23 March 1976) tion 2200 A (XXI) of 16 December 1966, an- nex; Compilation, vol. 1, pl. Second Optional Protocol to the International Covenant on Civil General Assembly _resolu- and Political Rights, aiming at the abolition of the death pen tion 44/128 of 15 Decem- ality (entry into force, 11 July 1991) ber 1989, annex; Compi- lation, vol. 1, p. 46. Generat Vienna Convention on Consular Relations (Vienna, 24 April United Nations, Treaty Se- 1963) (entry into force, 19 March 1967) ries, vol. 596, p. 261.Declaration on Principles of Intemational Law conceming Friendly Relations and Cooperation among States in accord- ance with the Charter of the United Nations ‘Vienna Declaration and Programme of Action HUMAN RIGHTS IN THE ADMINISTRATION OF JUSTICE, Treatment of detainees Standard Minimum Rules for the Treatment of Prisoners. Procedures for the effective implementation of the Standard ‘Minimum Rules for the Treatment of Prisoners. Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment United Nations Standard Minimum Rules for Non-custodial ‘Measures (Tokyo Rules) ‘Basic Principles for the Treatment of Prisoners Torture and ill-treatment Declaration against Tor- Declaration on the Protection of ture ‘All Persons from Being Sub- jected to Torture and Other Cruel, Inhuman or Degrading ‘Treatment or Punishment Source Generel Assembly resolu tion 2625. (XXV) of 24 October 1970, annex. Adopted by the World Con- ference on Human Rights, Vienna, 25 June 1993" (ACONF.157/24 (Part D, chap. 1. First United Nations Con ‘gress on the Prevention ‘of Crime and the Treat- ‘ment of Offenders: report by the Secretariat (United Nations publica- tion, Sales No. 1956. 1V4), amex LA; ap- proved by Economic and Social Council resolu- tions 663 € (XXIV) of 31 July 1957 and 2076 (LXID of 13 May 1977; Compilation, vol. T, p83. Economic and Social Coun cil resolution 1984/47 of 25 May 1984, annex. General Assembly. resolu- tion 43/173 of 9 Decem- ‘ber 1988, annex; Compi- lation, vol. I, p. 265. See also anne L5 below. General Assembly resolu: ‘ion 45/110 of 14 Decem- ber 1990, annex: Compi- lation, vol. I, p. 336. General Assembly resolu. on 45/111 of 14 Decem- ber 1990, ann i lation, vol. 1, p. 263, General Assembly _resolu- tion 39/46 of 10 Decem- ber 1984, annex; Compi- lation, vol. 1, p. 293.Convention against Tor- Convention against Torture and ‘tare Other Cruel, Inhuman or De- grading Treatment or Ponish- ment (entry into force, 26 June 1987) Capital punishment Safeguard guaranteeing protection of the rights of those facing the death penalty ‘Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death pen- alty (entry into force, 11 July 1991) Extralegal executions Principles on the Effective Prevention and Investigation of Extra legal, Arbitrary and Summary Executions Law enforcement Code of Conduct for Law Enforcement Officials Guidelines for the Effective Implementation of the Code of Con- duct for Law Enforcement Officials Basic Principles on the Use of Force and Firearms by Law En- forcement Officials Juvenile justice ‘United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules) Convention on the Rights of the Child (entry into force, 2 Sep- tember 1990) United Nations Guidelines for the Prevention of Juvenile Delin- quency (Riyadh Guidelines) Source General Assembly. resolu- tion 39/46 of 10 Decem- ber 1984, annex; Compi- lation, vol. 1, p. 293. eonomic and Social Coun- cil resolution 1984/50 of 25 May 1984, annex; Compilation, vol. [, p.310. See above, mernarionat Bill of Human Rights. Economic and Social Coun- cil resolution 1989/65 of 24 May 1989, annex; Compilation, vol. 1, p.409. See also annex 8 below. General Assembly resolu- tion 34/169 of 17 Decem- ber 1979, annex; Compi- lation, vol. 1, p. 312. See also annex 1.3 below. Economic and Social Coun- cil resolution 1989/61 of 24 May 1989, annex. Bighth Congress report, chap. I, sect. B.2; Compi- lation, vol. fp. 318. See also annex 1.4 below. General Assembly _resolu- tion 40333 of 29 Novem- ber 1985, annex; Compi- lation, vol. 1. p. 356, See also annex 1.9 below. General Assembly _resolu- ‘don 44:25 of 20 Novem. ber 1989, annex; Compi- ation, vol. Lp. 174. General Assembly resolu tion 45/112 of 14 Decem- ber 1990, annex; Compi- tation, v0.1, p. 346.‘United Nations Rules for the Protection of Juveniles Deprived of their Liberty Protection of victims Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power Enforced disappearance Declaration on the Protection of All Persons from Enforced Dis- appearance PRuvENTION OP DISCRIMINATION Race United Nations Dectaration on the Elimination of All Forms of Racial Discrimination al Convention on the Elimination of All Forms of Ra cial Discrimination (entry into force, 4 January 1969) Sex Declaration on the Elimination of Discrimination against Women Convention on the Elimination of All Forms of Diserimination against Women (entry into force, 3 September 1981) Particular manifestations of discriminarion Slavery Convention (Genova, 25 September 1926) {entry into force, March 1927) ‘Convention on the Prevention and Punishment of the Crime of Genocide (entry into foree, 12 January 1951) Source General Assembly _resolu- tion 45/113 of 14 Decer ber 1990, annex; Compi: ation, vol. I, p. 275. General Assembly resolu- tion 40/34 of 29 Novem ber 1985, annex; Compi lation, vol. I, p. 382. See also annex 16 below, General Assembly _resolu- tion 47/133 of 18 Decem- ber 1992; Compilarion, vol. I, p. 401. See also annex 17 below. General Assembly resolu: tion 1904 (XVI) of 20 November 1963; Compitanon, vol. I, p.6l. General Assembly _resolu- tion 2106 A (XX) of 21 December 1965, an- nex; Compilation, vol. T, p.66. General Assembly resolu- tion 2263 (XXI)) of 7 No- vember 1967; Compila- tion, vol. 1,p. 145. General Assembly resolu- tion 34/180 of 18 Decem- ber 1979, annex; Compi- lation, vol. I, p. 150. League of Nations, Treary Series, vol. LX, 253: Compitanon, ‘vol. I, p.201. General Assembly resolu tion 260 4 AID) of 9 De- cember 1948, anne: Compilation, vol. p.673,Protocol amencing the Slavery Convention signed at Geneva on 25 Septeunber 1926 (entry into force, 7 December 1953) supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery (entry into force, 30 April 1957) (Geneva, 7 September 1956) International Convention on the Suppression and Punishment of the Crime of Apartheid (entry into force, 18 Tuly 1976) Religion or belief Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief Migrant WORKERS International Convention on the Protection of the Rights of All ‘Migrant Workers and Members of Their Families ‘TeRnonism International Convention against the Taking of Hostages (entry into force, 3 June 1983) Measures against international terrorism NATIONALITY, STATELESSWESS AND REFUGBES Convention relating to the Status of Refugees (Geneva, 28 July 1951) (entry into force, 22 April 1954) Conyention relating to the Status of Stateless Persons (New ‘York, 28 September 1954) (entry into force, 6 June 1960) Protocol relating to the Status of Refugees (New York, 31 Janu- ary 1967) (entry into force, 4 October 1967) Declaration on the Human Rights of Individuals Who are not ‘Nationals of the Country in which They vill Source General Assembly resolu- tion 794 (VIN) of 23 Oc- tober 1953; Compila- tion, vol. 1 p. 206. United Nations, Treary Se- ies, v0l. 266, p. 3; Com- ilation, vol. 1, p. 209. General Assembly. resolu- tion 3060 (XXVII of 30 November 1973; am- nex; Compilation, vol. 1. p80. General Assembly resolu- tion 36/55 of 25 Novem- ber 1981; Compilation, vol. Ep. 122, General Assembly resolu- tion 45/158 of 18 De- cember 1990, annex: Compilation, vol. I, p. 554, General Assembly resolu- tion 34/146 of 17 De- cember 1979, annex. Eighth Congress report, chap. I, sect. C, resolu- tion 25, annex, United Nations, Treaty Se- ries, vol. 189, p. 1375 Compiiation, “vol. T, P0638, United Nations, Treaty Se- ries, vol. 360, p. 117; Compilation, “vol. U. p. 625. United Nations, Treaty Se- ries, vol. 606, p. 267; Compilation, ‘vol. T, p. 655, General Assembly resolu tion 40/144 of 13 De- cember 1985, annex; Compilation, ‘vol. T, p. 668.INTERNATIONAL AEMED CONFLICT 1907 Hague Convention First Geneva Convention Second Geneva Conven- tion Third Geneva Conven- tion Fourth Geneva Conven- tion Additional Protocol I Hague Convention (IV) respect. ing the Laws and Customs of War on Land (The Hague, 18 October 1907) (entry into force, 26 January 1910) Geneva Convention (D, for the ‘Amelioration of the Condition ‘of the Wounded and Sick in Armed Forces in the Field (Geneva, 12 August 1949) (en- try into force, 21 October 1950) Geneva Convention (IT) for the “Amelioration of the Condition of Wounded, Sick and Ship- wrecked Members of Armed Forces at Sea (Geneva, 12 Au- gust 1949) (entry into foree, 21 October 1950) Geneva Convention (IID) relative to the Treatment of Prisoners of War (Geneva, 12 August 1949) (entry into force, 21 Oc- tober 1950) Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War (Geneva, 12 August 1949) (en- try into force, 21 October 1950) Protocol (I) Additional to the Geneva Conventions of 12 Au- gust 1949, and relating to the Protection of Vietims of Inter- national Armed Conflicts (Geneva, 8 June 1977) (entry into force, 7 December 1978) INOW-INTERNATIONAL ARMED CONFLICT ‘Additional Protocol I Protocol (If) Additional to the Geneva Conventions of 12 Au- gust 1949, and relating 10 the Protection of Victims of Non- Intemational Armed Conflicts (Geneva, 8 June 1977) (entry into force, 7 December 1978) Source J.B, Scott, ed., The Hague Conventions and Decla- rations of 1899 and 1907, rd ed. (New ‘York, Oxford University Press, 1918), pp. 101- 102; Supplement 10 the American Journal of In- ternational Law (New York), vol. 2.(1908), OF ficial Documents, p. 90, United Nations, Treaty Se- Ties, vol. 75, p. 31: Com- pilacion, vol. 1, p. 685. United Nations, Treaty Se- ries, vol. 75, p85: Compilation. vol. T, p71. United Nations, Treaty Se- ries, vol. 75, p. 135: Compilation, vol. I. p.732. United Nations, Treaty Se- ries, vol. 75, p. 287; Compilation, vol. I, . 803, United Nations, Treaty Se- ries, vol. 1125, p35 Compilation, vol. 1, p, 866, United Nations, Treaty Se- ries, vol. 1125, p. 609: Compilation, “vol. 1, 934,REGIONAL INSTRUMENTS European Convention on Convention for the Protection of ‘Human Rights Homan Rights aod Fundamen- {al Freedoms (Rome, 4 Novem- ber 1950) (entry into force, 3 September 1953) Protocol No. 1 © the European Convention on Human Rights aris, 20 March 1952) (entry into force, 18 May 1954) Protocol No. 4 to the European Convention on Human Rights (Strasbourg, 16 September £963) (entry into force, 2 May 1968) American Convention on Human Rights (‘Pact of San José, Costa Rica’’) (San José, 22 November 1969) (entry into force, 18 July 1978) African Charter on Human and Peoples” Rights (Nairobi, 26 June 1981} (entry into Force, 21 October 1986) European Convertion for the Prevention of Torture and Inhuman ‘or Degrading Treatment or Punishment (Strasbourg. 26 No- ‘vember 1987) (entry into force, | February 1989) Source United Nations, Treary Se- ries, vol. 213, pu 221; Compitation, vol. HL United Nations, Treaty Se- ries, vol. 213, p. 221; Compilation, vol. TE, Council of Europe, Kuro- pean Treaty Series No. 46; Compilation, vol. 1. United Nations, Treaty Se- ries, vol. 144, p. 123; Compilation, vol. I. ‘OAU, document CAB/LEG/ 6TI3IRex., International Legal Materials (Wash- ington, D.C), vol. XXI (1982), p. 58; Compila- tion, vol. IL Council of Eorope, Kuro- pean Treaty Series No. 126; Compilation, vol. I.STATEMENT OF OBJECTIVES This manual, the approach contained herein, and the courses offered in accordance with that approach are intended: (a) To provide information on international human rights standards relevant to the work of police; (b) To encourage the development of skills, and the formu- lation and application of policies, necessary to transform that information into practical behaviour; (c) To sensitize participants to their particular role in pro- moting and protecting human rights, and to their own potential for affecting human rights in their daily work; (d) To reinforce law enforcement officials’ respect for, and faith in, human dignity and fundamental human rights; (e) To encourage and reinforce an ethos of legality, and of compliance with international human rights standards, within law enforcement agencies; @ To assist law enforcement agencies and individual law enforcement officials in providing effective policing through compliance with international human rights standards; (g) To equip police educators and trainers to provide human rights education and training for law enforcement offi- cials. The intended principal beneficiaries are: —Police trainers and training institutions; —National police officials, whether civilian or military; —Civilian police (CIVPOL) components of United Nations peace-keeping operations.PART ONE TRAINING LAW ENFORCEMENT OFFICIALS POLICY AND PRACTICECuarter I APPROACH OF THE UNITED NATIONS HIGH COMMISSIONER/ CENTRE FOR HUMAN RIGHTS TO POLICE TRAINING 1, The High Commissioner for Human Rights? Centre for Human Rights (HIC/CHR), through its pro- gramme of advisory services and technica) assistance, hhas been involved for many years in training practi tioners in all areas of the administration of justice, in- cluding law enforcement. This manual is based on the approach developed during that time, which is com- prised of the following fundamental elements: A. Collegial presentations 2. ‘The HC/CHR draws from a list of experts which is practical in orientation. Rathec than assembling panels composed entirely of professors and theorists, the HIC/CHR opts for practitioners in the relevant field, in- cluding police officers and trainers. In the experience of the HC/CHR, much more can be accomplished through the collegial approach of police discussing with police than by a professor-student model of training. This ap- proach llows the HC/CHR to access the distinet profes- sional culture which surrounds police. At the same time, Practitioners and trainers are accompanied and directed bby expert staff of the HC/CHR and of the United Nations Crime Prevention and Criminal Justice Branch, thus en- suring that the substance of United Nations standards fully and consistently reflected in the course contents.” B. Training the trainers 3. National participants in the HC/CHR’s courses are sclected on the understanding that their responsibil- ities will continue after completion of the training exer cise ‘They are charged with conducting their own train. ing and dissemination efforts after returning to their duty stations. In this way, the impact of courses is multiplied several-fold, as the information imparted is disseminated throughout the institutions concemed. Since 1992, the HC/CHR’s courses have included capacity-building ‘components, such as lessons and materials designed to impart training skills to participants, in addition to the substantive content of the courses. For maximum effect, course organizers should sim for the same capacity building approach. 1 Whece United Nations butoan rights experts are not avaiable, of -ganizers pparing courses on the basis of this manual may wish to Consider incladmg the partipation of experts fom non-govemmental ‘human rights organizations. C. Pedagogical techniques 4. All courses developed by the HC/CHR include a variety of effective techniques for the training of adult audiences. In particular, suggestions are made for the use ‘of creative, interactive (eaching methods, which offer the best hope of securing the active involvement of future participants, Recent discussions between staff of the HICICHR and a auinber of non-governmental organi- zations and institutions with extensive training experi- ‘ence have resulted in the identification of the following techniques as especially appropriate and effeciive in hu- man rights training for adults: working groups, lectere- discussion, case studies, panel discussion, round-table discussion, brainstorming. simulation and tok-playin field trips, practica (including the drafting of course cur- ricula and standing ordets) and visual aids. Recommen- dations on how to use such techniques are given in chap- ter Ill below. D. Audience specificity 5, ‘The HC/CHR has leamed that the mere recitation ‘of vague principles of general applicability offers little hope of affecting the actual behaviour of a given audi- ence. To be effective—indeed, 10 be at all worthwhile— training and education effors must be directly targeted and appropriately addressed to a particular audience, be they police, health-care workers, lawyers, students or ‘others. Accordingly. the HC/CHR’s teaching activities focus more on the standards directly relevant o, for ex- ‘ample, the daily work of police, and less on te history and structure of United Nations machinery, E, Practical approach 6 Police in the real world want to know not just “what the rules are", but also how to do their job effec tively within the confines of those rules, Training efforts which ignore either of these areas will probably’ be nei- ther credible nor effective, Accordingly, in all its train~ ing courses, the LIC/CHIR includes practival information ‘on proven techniques for the performance of the target audience's duties, as derived from the recommendations ‘of experts and fiterature on the current best practice for the profession in question. However, while practical rec- ‘ommendations are a key component of courses, it would not be possible to provide detailed training on technicalpolicing skills ia a human rights manual of course. Rather, the existence of such techniques should be high- lighted, and they should be targeted for further training as a follow-up to the human rights training. Technical police training is offered, at the intemational level, by a number of specialized national police training institu- tions under long-standing intemational outreach pro- grammes. F. Comprehensive presentation of standards 7. The courses given by the HIC/CHR are intended to be thorough in their presentation of relevant interna- tional standards, To this end, relevant instruments and simplified learning tools are translated and distributed to participants. In every case, specialized staff of the HC/CHR control the substantive content of the courses and workshops, and supplement course presentations as sequired. This manual provides a ready-made catalogue of that content, for the convenience of course presenters. G. Teaching to sensitize 8. In addition to imparting standards and practical skills, he HC/CHR’s courses include exercises designed (0 sensitize trainees to their own potential for violative behaviour, however unwitting, For example, well- developed exercises (inchiding role-playing) for making trainees aware of gender or racial bias in their own atti- tudes or behaviour can be quite valuable. Similarly, the spocial import of particular standards as they apply to women, for example, is not always readily obvious Trainees should be made to understand that, for exam- pile, the term “degrading treatment”, as Found in various {intemational instruments, may imply different activities and thresholds when applied to women as compared to ‘men, oF to one cultural group as opposed to another. H. Flexibility of design and application 9. To be universally useful, training courses must be designed in such @ way as to facilitate their flexible use, ‘without imposing a single rigid focus or approach on the trainers. Courses must be adaptable to the particular cul- tural, educational, regional and experiential needs and realities of a diveise range of potential audiences within the target group. Accordingly, this manual is not in- tended to be ‘‘read”” verbatim to trainces, Rather, train- ers should select relevant material and create their own targeted presentation notes and materials, based on the manual's content and the particalar realities on the ground. J, Evaluation tools 10. ‘The HC/CHR’s courses include pre- and post- training evaluative exercises, such as testing questi naires, which serve three crucial purposes, Pre-course questionnaires, when properly used, allow trainers to tai- Jor their courses (o the particular educational needs of the audience. Post-course questionnaires and evaluation sessions allow trainees to gauge what they have leamed, and assist in the continuous (crucial) modification and improvement of courses offered by means of this manual,Cuapter II PARTICIPANTS IN TRAINING PROGRAMMES ‘A. Definition and categories 11. Participants in training progeammes for which this manual is devised are law enforcement officials. Such officials are defined in the commentary to article 1 Of the Code of Conduct for Law Enforcement Officials, as follows: (@) The team “law enforcement officials includes all eficers of the is, whether appointed or elected, who exercise police powers, e5- pecially the powers of arrest or detention, (6) In counties where police powers are exercised by miliary ‘whores, whesher uniformed or mo, or by State security fotces, the ‘efinion of law enforcement officals shall be regarded as including, ‘officers of such services. 12._For the purposes of brevity and linguistic vari- ation, the term “‘police’” is also used in this manual, as an aliernative to the term ““law enforcement officials” Both terms refer to the type of official covered by the above definition, as well as to civilian police (CIVPOL} components of United Nations peace-keeping operations. 13. Its useful to distinguish between different cat- egories of police officials, both in hierarchical and func- tional terms, in order to cnsure that training programmes are appropriate to particular types of participant. The fol- lowing broad categories of officials are identified for the porpeses of training programmes and use of this manual: Senior national law enforcement officials—those tunc- tioning at a policy-making or strategic level and hav- ing command responsibilities in police organizations; Educators and trainers of law enforcement officials — those responsible for the education and training of Tay enforcement officials across the entite spectrum ‘of police training; National law enforcement officials below command Jevel—those operating at “street level"” and those of- ficials with immediate supervisory responsibilities for such police. Its also useful to identify sub-categories of this level of official, for example erime investiga tors, those with a specific responsibility for dealing with civil disorder, and “generalist” police who per- fom a wide variety of policing functions, Officials serving in civilian police (CIVPOL) compo- ‘nents of United Nations peace-keeping operations. ‘Trainers’ Nore: Depending on rank structures and other organizational factors, middle-ranking or “middle management” law enforcement officials may be included in training programmes directed either at senior police or at those below command level. B. Specific reasons for training various categories of law enforcement officials 14, It is important to train senior law enforcement officials in ofder to give credibility to the training pro- ‘gramme for the law enforcement agency as a whole, and because of their significance—not only within the ‘orgenization, but also within the political and criminal justice systems, For example, police at this level may exert pressure 0 secure legislative or administrative changes which they consider necessary for the police task; they may be included on national bodies estab- fished to make recommendations on constitutional and egal changes or reform: they may formulate policy within the organization; and they make strategic opera- tional decisions which can have far-reaching effects, 15. In particular, it is important to train this cat- egory of official in human tights and humanitarian standagds in order to meet objectives (b) and (e) set out in the “Statement of Objectives” above (p. 1). 16, ‘The importance of training educators and train- ers of police is recognized in the High Commissioner! Centre for Human Rights’ policy of training trainers. By training this category of official, itis possible to mezt ail the objectives set out in the ‘Statement of Objectives”. 17, Ieis clearly important that law enforcement offi- cials engaged in actual policing duties at “street level’” should be aware of human rights and humanitar standards, and that those standards should guide their at- titudes and behaviour. This is ttue whether such officials carry out general policing duties or are specialists. in such matters as criminal investigation or mainta public order. It is in the actual process of basic pol activity that human rights are either respected of vi lated. Furthermore, itis frequently the case that police at this level operate alone or in small groups — often unsu- pervised. The need for them to accept that respect for hu- man rights is an essential element of good policing is of fundamental importance. 18. Civilian police (CIVPOL) components of peace- keeping operations have a particular responsibility to te- spect United Nations standards for human rights, sincehey serve under the flag of the Organization which gave dirth to those stanclards. Their functions include, also, he duty to provide guidance to local law enforcement agencies based not on the laws of their home State, but on the international standards contained in this manual. Thus CIVPOL officers must serupulousty respect and ictively promote United Nations standards for law en- ‘oreement, C. Significant characteristies of taw enforcement agencies and officials 19, Not ail characteristics of law enforcement agen- ies, or of police culture, are universal, and there are soriations among law enforcement officials based on >ersonality, generation and career orientation, However, tis possible to make a number of general statements shout police organizations and officials which are sig- rificant in relation to human rights training programmes, The extent to which, and the ways in which, individual ‘gencics and officials do not conform to these generali- rations must, of course, be understood at the focal level where programmes are implemented. 20, The general statements are: Divisions within agencies along bierarchical and funetional lines can be significant ‘There is a tendency to make strong distinctions between activities defined as “real police work’” (operational and practical policing) and other necessary functions cof a law enforcement agency. Some incompatibility is frequently felt between legal ‘and administrative requirements and the imperatives of practical policing activities. A corollary of the above tendencies is that policing is seen by many law enforcement officials as an essentially practical activity requiring pragmatic and often expedi- ent responses 10 situations in which they provide imme- diate, thovgh perhaps temporary, solutions. ‘Teanans’ Nore: Observations and comments in this chapter have formed the basis for some recom- mendations in ensuing chapters. They should be taken into account by organizers of courses and those making presentations,Cyarrer OI EFFECTIVE TRAINING TECHNIQUES A. Learning objectives 21. The objectives of the trainer are to facilitate sat- isfaction of the needs of the trainee. That being the case, three basic leaming objectives form the foundation of this programme and mirror the following three educa- tional needs of participants in all police training pro- grammes: —To receive information and develop knowledge — ‘on what human rights and ftummanitarian standards are, and what they mean; —To acquire or reinforce skills—so that the func tions of law enforcement agencies and the duties of law enforcement officials can be fulfilled effec- tively with due respect for human rights, Simple knowledge of standards is not enough fo enable po- lice to transfer those rules into appropriate opera- tional behaviour. The acquisition of skills is to be iewed as a process, as skills are fine-tuned through practice and application. This process may therefore need to be continued, in the Tight of train- ing needs identified in specific arcas of police work, through United Nations technical assistance programmes, or through cooperation under bilateral technical policing programmes; —To become sensitized, ive. to undergo a change in (negative) or to reinforce (positive) attitudes and hence behaviour—so that law enforcement offi- cials accept, or continue to accept, the need to pro- mote and protect fhuman rights, and actually do so in the course of their duties. The subjects here are the values of the law enforcement officer. This, 100, is a long-term process to be reinforced by fur= ther waining and by appropriate command and management practices. 22, Thus effective training will aim to improve: knowledge +skilts + attitudes to contribute to: appropriate behaviour. B. General recommendations 23. On the basis of the information and comments regarding categorization of participants set out in chap- ter Tl, the following general recommendations can be ‘made ‘about human rights training for police: (a) Whenever possible, separate training pro. grammes should be arranged for different categorics of law enforcement officials—according to rank and func~ tion. This allows training to focus on: —strategy and policy-making aspects of law enforce- ‘ment for senior police officers; pedagogical aspects for educators and trainers: —tactical and “street level” policing for offici the above categories, —aspects of particular relevance to officials with spe- cific functions, e.g. criminal investigation or main taining public order, orto civilian police (CIVPOL} officials, Trammes’ Nove: As indicated in chapter IL.A above, depending on rank structures and other organizational factors, middle-ranking law en- forcement officials may be included in training programmes directed either at senior officials or those who function at “street level". Should it be decided that the participation of officials with dif- ferent functions in the same programme is un- avoidable, or even desirable, then the different ex- perience ‘of participants can be exploited for ‘raining purposes. Differing perspectives and pri- tities can be contrasted to good effect. (®) ‘The largely practical and pragmatic orienta- tion of police officers should be reflected in the educa- tion and training methods adopted. This means: —ereating the opportunity to translate ideas and con- ‘cepts inte practice: —enabling participants to focus on real problems of policing: “tesponding to issues of immediate concern to par- ‘ticipants raised by them during the programme. C. The participatory method 24. For maximum effect, a few basic principles should be Kept in mind in applying the participatory (raining method described in chapter T.Recall the nine elements of the High Commis- sioner/Centre for Human Rights" approach to training, as detailed in chapter I: —collegial presentations; training the trainers; interactive pedagogical techniques; —audience specificity; —a practi —comprchensive presentationof standards; teaching to sensitize; flexibility of design and application; —use of evalvation tools, ‘This method requires an approach which is interactive, flexible, relevant and varied, as described below: Interactive—This programme implies the use of a par- ticipatory, interactive training method. Police, like other adult training audiences, most readily absorb course curticula when they are not spoonfed the ma- terial. Rather, for effective training, the trainees should be fully involved ia the process, As practitio- ners, trainees will bring to the course a rich pool of experience, which must be actively drawn on to make an interesting and effective course. Flexibte—Contrary to certain myths associated with po- lice training, it is not advisable to adopt a “1 a approach and order trainees to participate. ‘The result of such techniques is, more often than nor, resentment among trainees and, consequently, the closing of av- enues of communication between trainer and trainee. While certain level of control should be maintained by the trainer, the first rule should be flexibility. Questions—-even challenges—from the audience should be welcomed, and should be addressed by trainers in a positive and forbright manner. Simi- larly, excessiveiy rigid timekeeping can leave partici- pants feeling frustrated and resentful Relevant—The unspoken question of the trainee throughout the course will be: "What does this have to do with my daily work?" The extent to wl trainers continuously answer this question will be an important factor in their success. Every effort must therefore be made to ensure that all material presented is relevant to the work of the audience, and that such relevance is made clear where it is not self-evident. This task may be easier when addressing operational themes, such as arrest or the use of firearms. It may require more carefal planning, however, for more topical themes, such 28 policing in a democracy, ot the protection of vulnerable groups. Varied—To secure and retain the active engagement of paticipants, itis best to vary the teaching techniques tused throughout the course. Most police dre not ac- customed to long classroom sessions, and a tedious and monotonous routine will leave them more con- scious of the classroom than of the subject-matter, A varied selection of techniques should be used, alter- nating discussion with role-playing, and case-studies with brainstorming, as appropriate 10 the subject matter. 26. Broadly speaking, therefore, the following methods and approaches should be adopted: Presentation of standards—a short presentaticn on the hbuman rights and fumanitarian standards relative to an aspect of policing, and on the implications ofthese for policing: Application of participatory techniques—enadles par- ticipants to use their knowledge and experience of po- icing to translate ideas and concepts expressed in the presentation into practice; and also enables them to ‘consider the practical implications of human rights nd humanitarian standards for their day-to-day polic- ing activities; Focus and flexibitity—enables participants to focus on matters of real and current concern; and enatles edu- cators and trainers to adapt to participents’ needs as the course progresses. D. Participatory techniques 27. A selection of participatory techniques are out- fined below. L Presemation and discussion 28, Following a presentation (as described in para- graph 26 above), an informal discussion is useful to clarify points and facilitate the process of translating ideas into practice. Such discussions are conducted by the presenter, who should try to involve all participanis. It is useful for presenters to have a prepared series of ‘questions available to initiate the discussion. 29, At the conclusion of the presentation and dis- cussion, the presenter should provide an overview or summary. Presenters should supplement the lectare por- tion with the use of pre-prepared visual aids or stady ma- terials distributed in advance (o all participants. 2. Panel discussion 30, The formation of a panel of presenters or ex- perts, possibly following » presentation by one or more cof them, has frequently been shown to be useful train- ing device. Such an approach is particularly effective when presenters have expertise in different aspects of topic, because of their professional backgrounds or countries of origin. Ideally, human rights experts should be included together with experts in police pracice and police training. 31. One presenter should act as facilitator, to enable the widest possible participation, to ensure that partici- pants’ needs are met, and to provide an overview or Summary at the conclusion of the discussioa. This method should include direct exchanges between panelmembers themselves, and between the panel and the audience. 3. Working groups 32. A course may be divided into a number of small groups of five or six participants. Each group is given a topic: to discuss, a problem to solve or something con- crete to produce, within a short time period—op to 50 minutes. A facilitator may, where necessary, be as- signed to each group. The course is then reconvened and the results of the deliberations of each group are pre- sented by a spokesperson for the group. The course par- ticipants may then discuss the topics and the response of each group, A. Case-studies 33. In addition to dealing with discussion topics, working groups may consider case-studies. These should bbe based on ercditle and realisti¢ scenarios which arc ‘not too complex and which focus on two or thee main issues. Case-studies should require participants to exer- cise their policing skills ia responding to them, and t0 apply human rights and humanitarian standacds, Senior law enforcement officials should be required to exercise command and managernent skills 34, ‘The scenario for a case-study can be presented 10 participants for consideration by them in its entirety, or ‘ed'” to them sequentially as a developing situation (the “evolving hypothesis”) to which they have to re- spond. 5. Problem-solving/brainstorming 45, ‘These sessions can be conducted as intensive exercises to seek solutions to problems which are both theoretical and practical. They requite a problem to be analysed and then solutions to be developed, Brain- storming encourages and requires a high degree of par- ticipation and it stimulates those involved to maximum creativity. 36. Following presentation of the problem, al) ideas in response to it are recorded on a board or flip chart. All responses are recorded, no explanations are required, and no interventions are judged or rejected at this stage. The presenter then categorizes and analyses the responses, at ‘which stage some ere combined, adapted or rejected. Fi rally, the group makes recommendations and takes dec sions on the problem, ‘The learning or sensitizat [process occurs as a result of the group discussion on each suggestion. 6. Simulation/role-playing 37, These exercises require paricipants to perform a task or tasks in a realistic situation simulating “real Tife"’. In the context of human rights and law enforce ment, sintulation or role-playing exercises may be used to practice a skill or to enable participants to experience situations hitherto unfamiliar to them, 38. A written factual situation is distributed in ad- vance, and cach participant is allocated a particular role (the police officer, the vietim, the witness, the judac, etc.). During the exercise, no one is allowed to leave his ‘of her assigned role for any reason. This technique is particularly valuable for sensitizing participants to the feelings and perspectives of other groups, and to the im- portance of certain issues. 7. Field trips 39. Group visits to relevant institations or locations {a police station, a refrgee camp, a detention centre, etc.) can provide valuable perspective. The purpose of the visit should be explained in advance, and participants should be instructed to pay critical attention and to tec- ord their observations for a subsequent discussion, 8. Practica (practical exercises) 40. These involve the assignment of trainees to ap- ply and demonstcate particular professional skills in a supervised procedure. Police may be required to draft human rights standing orders on a particular aspect of police work. Police trainers may be assigned to draft a Jesson plan, or to deliver a session in the course itself. 9. Rownd-table discussions 41. Roundstable discussions, ike panel discussions, necessitate the assembling of a diverse group of resource persons, representing a variety of perspectives on the subject to be addressed. An animated discussion is the ‘goal, and the crucial elements are a strong and dynamic moderator, skilled both in the subject-matter and in the techniques of devil's advocate, and the use of the hypo- thetical. The moderator should be intentionally provoca- tive, stimulating debate between and among the panel- lists and the audience, and should control the course of the discussion. 10. Visual aids 42, Adult learning can be enhanced by the use of blackboards, overhead transparencies, posters, displayed objects, lip charts, photographs, slides and videestfilms E. Locations for training courses 43. Ideally, the following conditions should be met in respect of the location for a traning course: {a} Courses should be held in a lecation away from the normal place of work of the participants. {b) ‘The s00m used for a course should be of suffi- cient size for the number of people itis intended to ac- ‘commodate, (6) There should be a sufficient number of small an- cillary rooms available to accommodate working g10095, so that participants may focus without tertaption on their assigned topics(2) Seating facilities should be comfortable and flex- ible, allowing chairs, desks and tables to be moved around to accommodate various training techniques. F. Planning for participants’ needs 44, The level of physical comfort of course parti pants will have a direct impact on the outcome of the learning exercise, Keep in mind, for planning purposes, these few basic factors: (2) It should be possible to regulate the temperature and ventilation of the room. (8) Classrooms should never be filled beyond a com- fortable capacity. 12 (0) Rest rooms should be easily accessible. (@)_ The daily programme should include a 15-minute coffee/rest break at mid-morning, 2 lunch break of at lest one hour, and 15-minute cofelrest break at mid: temnoon, (e) Allow for participants, between scheduled breaks, to stand and stretch occasionally. Two er three minutes is sufficient for this, at appropriate intervals, perhaps twice a day. ()_ Where possible, provide for water, coffee or other soft drinks to be availble in the classroom. (g) Lunch breaks should be scheduled within the pe- riod to which participants are accustomed. This will varyCHapTeR IV EDUCATORS AND TRAINERS A. Users of the manual 45. ‘The core users of this manval are: —national trainers and organizers preparing human rights courses for police officials; staff of police training institutions and pro- grammes; —staff of United Nations agencies and programmes providing police training: trainers of United Nations civilian police (CIVPOL) forces; —police- practitioner resource persons participating in human rights training courses; students who have completed courses under this programme; —human rights experts and non-governmental ‘organizations participating in police training courses. 46. The manual may also bo of use as a source of reference to practitioners in the field of law enforcement. B. Selection of educators and trainers 47. It is important that the selection of individuals to make presentations and provide other input on human rights training courses for police is based on the follow- ing eriteria: expertise in the subject-matter; —ability to adopt the methodology of the training programme, especially its participatory aspects; —eredibility and reputation, especially among law ‘enforcement officials who are to participate in the programme, Ideally, a panel of trainers should be composed primarily of police trainers and persons with experience in law en- torcement, who should be accompanied by at least one expert in the field of human rights C. Briefing of educators and trainers 48. It is important that educators and trainers are adequately briefed on the following mates: —basie historical, geographical, demographic, politi- ‘cal, economie ané social information on the coun- try where the programme is to be introduc —basic information on the constitutional and legel ar- rangements of that country; human rights and humanitarian law treaties 0 which the State isa party; organization and size of the law enforcement agency or agencies within the country: —eategories and numbers of law enforcement officials—particular issues of current concer in re- lation to law enforcement and human rights in the country where the programme is to be introduced. D. ‘Tasks of the trainer 49. ‘Trainers participating in courses based on this ‘manual should be given the following instructions: Before the course: (a) Study the manual, giving particular attention to the sessions to which yeu are formally assigned. (b) Prepare very brief lecture notes, keeping in mind the time liniitations set out in the course programme. (©) Think about wht practical recommendations you right make to the trainees, based on your professional experience, to assiat them in implementing relevant hu- rman rights standards in their daily work as police of- fiers. (@)_ Attend a pre-course briefing with the entire train- ing team, at least one day prior to the course. During the course: (@) Pantcipate in daily pre-course and post-course briefings with the rest of the training team. (6) Attend and participate in all course sessions,{c) Meet with your session co-leader the day before each scheduled presentation to prepare your presenta tions jointly. (d) Deliver brief presentations, adhering to specified time-limits, based on the manual, for the topics assigned fo you as a session co-leader. (@) Make practical recommendations based on your professional experience during discussion and working- ‘group periods, including during sessions for which you are not the session leader. (P Select a hypothetical exercise from the manual for each session you are to present, for use in working BroUps. (g)_ Use visual aids whenever possible, (A) Ensure that any comments or recommendations made are consistent with the international standards set out in the manual. 14 (a) Encourage active group participation and discus- sion, () Provide advice and comments on the training ma- terials used for the courses, including the manual. (&) Attend all opening and closing ceremonies and events accompanying the training programme, After the course: (a) Participate in a final debriefing session with the rest of the training team. () Study the manual to reinforce your knowledge of any subject-matter with which you were not completely comforiable, (©) Refine and revise your personal teaching ma- terials before each subsequent course.Cuarrer V USING THE MANUAL 50. Having considered four particular aspects of training policy and practice in the preceding chapters, it is now appropriate to explain the format and content of the remainder of the manual, 51. Parts two to five of the manual contain the es- sential information and material for training law enforce- ment officials in human rights, dealing with fundamental concepts (part two); police duties and functions (part three); groups requiring special protection or treatment (part four); and matters of command, management and control (part five). As will be seen, some of the material ‘has differing relevance to the various categories of offi- cials and this will be commented on as the specific con- tent of each chapter is explained. The annexes contain texts of core intemational instruments, as well as other information supplementing the substantive chapters ex- plained below. 52. Further guidance on use and applicability of pedagogical material will be given in section E below, where the general format and content of chapters arc cx- plained. A. Part Two (Fundamental concepts) 53, Part two addresses the broad concepts of ethical policing, policing in democracies and non-discrimi- nation. It deals with matters of principle which are im= portant at the policy-making and strategic level of polic~ ing, and hence for officials working at that level. fs content is equally important for educators and trainers of police, who should be famitiar with the essential con- ‘cepts and principles relevant to law enforcement and hu- man rights. Some of the matters dealt with in part two ate also relevant to officials operating at “street level”. Chapter Vil—Sources, systems and standards for hurwan rights in law enforcement 54, This chapter provides an overview of the inter- national system for the protection of human rights in law enforcement. It summarizes the various relevant interna~ tional bodies, instruments and monitoring mechanisms, while highlighting certain types of violation to which po- lice should be sensitized. This chapter is the basis for an introductory session which should initiate every course ‘offered on the basis of this manual. It is, in essence, the foundation upon which the rest of the course is to be built. 15 Chapter Vilt—Ethical and legal police conduct ‘55. The requirement to respect the essential dignity ‘of the human person, and the legal basis for human rights standards, are fondamental o this chapter and are ‘considerable relevance to all categories of police of cials. Chapter 1X—Policing in democracies 56. This chapter deals with the requirement that po- live be accountable to the public through democratic po- litical institutions, as well as responsive to public needs and concems. All law enforcement officials need to be confronted with, or reminded of, these requirements Chapter X—Police and non-diserimination 57. The principle of non-discrimination is funda- ‘mental to the protection of human rights and to effective, egal and homane policing. It is relevant at all levels of policing, GENERAL COMMENTS ON PART TWO 58. While the fundamental aspects of these chapters (as outlined above) are relevant «0 all categories of law ‘enforcement officials, presentations should be varied ac- cording to the needs of participants. Basic principles can bbe conveyed briefly and succinctly to those officials who ‘are not required to consider all their implications for po- Ticing in its widest sense. However, theoretical concepts should be expanded and developed, and the wider issues discussed, where appropriate (e g. with senior police of- ficials and educators and trainers). B. Part Three (Police duties and functions) 59, The chapters in part three provide the essential framework for any course on human cights training for police. They deal with standards directly relevant to key areas of policing where human tights are either respected and protected, or violated. For these reasons, the subject- matter of each chapter is relevant to every category of Jaw enforcement official, although the ways in which it is presented must be varied according to the needs ofChapter X1—Police investigations 60. This chapter identifies international standards having a direct bearing on police investigatory activities. Police officials with specialized investigatory functions should focus on its content in some detail. However, ‘mast police officers undertake investigations fo some ex- tent, even if only minimally; hence all participants should be made aware of the essential elements of the topic. Chapter X—Arrest 61. The power to arrest is an important police power, especially in human rights terms, and it is essen- fial that all law enforcement officials are aware of inter national standards regulating it. Officials at "street level”, who actually exercise powers of arrest, must be familiar with the constraints and safeguards surrounding, such powers. Chapter XI_Detention 62. Some law enforcement officials have specific responsibilities in relation to detainees and such officials should be exposed to the content of this chapter in some detail. However, the protection of detainees is such an important matter that all police officials need to be aware of international standards cesigned to secure it. Chapter XIV—Use of force and firearms 63. Underlying law enforcement and the mainte nance of order is the possibility that force may be used to secure those ends; hence the significance of this sub- ject to all law enforcement officials 64. Some officials are more likely to be called upon to use force than others, and indeed are specially trained to do so (e.g. those with specific responsibilities for dealing with public disorder). Chapter XIV bas particue lar significance for this category of official. Chapter XV—civil disorder, states of emergency and ‘armed conflicts 65. In this chapter, principles and provisions of international humanitarian law ate introduced in order to ‘emphasize the requirement of humane conduct, and pro- tection of victims, during conflict. In addition, other pe- riods of heightened tension, such as civil disorder and states of emergency, are reviewed, introducing police to he ‘egal limitations which accompany exceptional ‘measures. 66. Most law enforcement officials are required to respond to conilict and cisorder at some time during their careers, and the importance of the subject makes it an essential element of any human rights training course for police. 16 GENERAL COMMENTS ON PART THREE 67. For all the subjects in this part, itis important to focus on strategic and policy-making aspects for senior Jaw enforcement officials, and on practical, operational aspects for officials at “street level”, Training of the lat- ter category of officials should focus on legal require ‘ments and on the actual conduct of policing activities. C, Part Four (Groups requiring special protection or treatment) 68, Part four is important because of the vulnerabi ity of the persons 10 whom each chapter relates, and the significance of policing activity to the situation of such people. Its content is more topical than operational, but ‘no Jess important than other sections. Chapter XVi—Police and the protection of juveniles 69. Some police officials have special responsibilities in relation to juveniles and this chapteris clearly important for them. However, the chapter identifies. intemational standards on antést and detention of juveniles, hence its importance to all aw enforcement officals, Chapter XVI—Law enforcement and the rights of women 70. This chapter considers women not only as vie~ tims or potential victims of human nghts abuses and of crime, but also as actors and participants in the admin- istration of justice. For this reason, all categories of law enforcement officials need to confront the issues it rises Chapter XVII—Refugees and non-nationals 71. For historical and geographical reasons, some countries have huge and immediate responsibilities in re- lation to refugees. Most countries have to respond to the needs of non-nationals, Sometimes specialized anits of police deal with such categories of people, although any police official may, at some time, become involved with them. 72. The extent (o which, and the ways in which, this chapter XVIII is used as source material for a course will depend on the situation in the country concerned and the ‘ype of official participating. In any event, the special valnerability of refugees and non-nationals, and the pro- tective mandate of police, render thisa subject worthy of serious attention, Chapter XIX—Protection and redress for victims 73, All police officials must be aware of ways in which vietims of crime and of human rights abuses can be supported. Clearly. the introduction of schemes and systems for this purpose is the responsibility of senior law enforeement officials, and an awareness of interna tional standards on protection of victims will be of con= siderable interest to them,