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Special Rights |
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Rights
of Citizen under Trials
- Everyone charged with a criminal offence is entitled to
a fair and public hearing, by a competent, independent and
impartial tribunal. It is the duty of all governmental institutions,
including the police, to respect and observe the independence
of the judiciary.
- No one, including law enforcement officials shall attempt
to influence a judge's decision through improper restrictions
, offers, pressures, threats or any other interference,
for any reason.
- When there is a reason to believe that evidence was obtained
by unlawful methods all necessary steps should be taken
to ensure that those responsible for using such methods
are brought to justice.
Rights of Citizen as a Victim
- Victims are entitled access to the mechanisms of justice
and to prompt redress as provided for by national legislation
for the harm they have suffered.
- Victims should be informed of their options for seeking
redress through mechanism.
- Victims should be informed of the steps they must take
in proceedings, and also about the scope, timing and progress
of the proceedings and of the disposition of their cases.
- Measures should be taken to ensure the privacy and safety
of victims from intimidation and retaliation.
- Victims should be informed of the availability of health
and social services and other relevant assistance.
In providing assistance to victims, law enforcement officials
should give attention to victims who have special needs because
of the nature of the harm inflicted on them or beaches of factors
such as gender, age, disability, ethnic or social origin or
cultural beliefs or practices.
Rights of Citizen regarding Force
and Fire Arms
- Law enforcement officials shall not use a firearm with
the intention to kill any person unless it is completely
unavoidable in order to protect the life of the law enforcement
official or the life of any other person.
- Law enforcement officials shall not use firearms against
persons except in the following objectives :
- To defend themselves or others against the imminent
threat of death of serious injury;
- To prevent a particularly serious crime that involves
a grave threat to life
- To arrest a person who is causing a serious threat to
life and is resisting appropriate efforts to stop the
threat; and
- To prevent the escape of someone who is causing a serous
threat to life.
- If police or public security officers do use firearms
against persons in the circumstances set out in the above
point, they must:
- Identify themselves as law enforcement officials Give
a clear warning of the intent to use firearms; and
- Give enough time for the working to be obeyed unless to
do so would:
- create a serious risk for the law enforcement official;
or
- create a serious risk of death or serious harm to
other persons; or
- clearly be inappropriate or pointless in the circumstances.
Whenever the lawful use of force or firearms is unavoidable,
law enforcement officials shall:
- Act with restraint and only use the amount of force necessary
to achieve the legitimate law enforcement objective.
- Respect human life and cause the minimum amount of injury
to people;
- Cause the minimum amount of damage to property;
- As soon as possible, help anyone who is hurt and render
medical aid if needed; and As soon as possible, ensure that
relatives or friends of people injured or affected by the
incident are notified.
- Whenever a firearm is used by a law enforcement official
a report must by made to a superior officer as soon as possible.
- Anyone affected by the use of force or firearms is entitled
to ask the authorities for a formal investigation or review
(including a review by a judge or similar authority).
- If death has occurred, dependents of the deceased person
have the right to obtain a review a legal representative
of a person affected by the use of firearms also has the
right to seek a review.
- Superior officials shall be held responsible if they know,
or should have known, that law enforcement officials under
their command are resorting, or have resorted, to the unlawful
use of force and firearms and the superior officials did
not take all measures in their power to prevent, suppress
and report such use.
Obedience to superior orders shall be no defense if law enforcement
officials knew that orders to use force and firearms resulting
in death or serious injury of a person were unlawful and had
a reasonable opportunity to refuse to follow them, in any case
responsibility also rests on the superiors who gave the unlawful
orders. |
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