CCPR/C/58/Add.6 page 16
Police use of firearms
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Northern Ireland
69.
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Two hundred and sixty-seven police officers have been killed as a result of terrorist activity in Northern Ireland in recent years. In the light of the obvious dangers which they face, members of the Royal Ulster Constabulary regularly carry firearms. Nevertheless, strict rules exist for the issue and use of firearms and, as with England and Wales, the fundamental principle for their use is that no member of the security forces is above the law, and that no more force must be used than is reasonable in the circumstances.
Use of firearms by the military
70.
The use of firearms by members of the armed forces is subject to the provisions of the criminal law. In essence, a serviceman may employ lethal force only if he believes that there is imminent danger to life (his own life or the life of others) and that there is no other way of averting that danger. In this respect the serviceman is no different from any other United Kingdom citizen. The law on the use of lethal force is the same throughout the United Kingdom.
71. "Rules of Engagement" (ROE) are issued to servicemen to provide guidance on the use of force. ROE have no legal standing in themselves, but they are based upon and consistent with the requirements of the law. They aim to ensure that fire is opened only when justified, and as a last resort, in accordance with the law of the land and the doctrine of minimum force. Servicemen receive rigorous training in ROE as well as in weapon handling, weapon safety and marksmanship.
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72. All incidents involving the use of firearms by members of the armed forces are investigated by both the military and the police authorities. The police have a duty to investigate any incidents involving servicemen resulting in death or injury, and, if they consider that a crime has been committed, to bring charges against those concerned. On completion of the investigation, the police pass the papers to the Director of Public Prosecutions (DPP) or, Scotland, to the Procurator Fiscal (PF). If the DPP or PF directs that a prosecution should be brought, the courts must decide whether the prosecution has established beyond reasonable doubt that the accused has committed a criminal offence. If criminal action is not instituted or if the serviceman is not convicted as charged, it is still, if there is evidence of a breach of discipline, open to the service authorities to conduct a court martial and, depending on the outcome, to take disciplinary action. For example, servicemen can be disciplined for the negligent discharge of weapons and for breaches in military regulations even when there is no contravention of the law.
73. Since 1975, eight servicemen have been convicted of the manslaughter or murder of five civilians as a result of the use of firearms while they were on duty. All these incidents took place in Northern Ireland. In a small number of other cases, servicemen were either charged but not convicted, or the Director of Public Prosecutions decided that no prosecution should be brought.
74. Plastic baton rounds have been issued to both the army and police in Northern Ireland. When rioting and attacks on the security forces put life and property seriously at risk, they are sometimes the only effective way of saving life, avoiding injuries and preventing serious crime. The use of