What Hong Kong lacks is not tasers but checks and balances against the abuse of police power

It is reported that police are studying the practicalities of tasersfor police officers to perform their daily duties. Some believe that tasers are not only a non-lethal weapon but also keeps police officers at a safe distance between suspects. However, improper use of tasers can result in injury or death. The use of tasers by police has been controversialaround the world. The United Nations (UN) is also concerned that the use of tasers by law enforcement agencies may pose the risk of excessive use of force. The introduction of tasers cannot help solve the disputes in society and will deepen hostilities and increase police-civilian conflict. 

Tasers can cause death

Tasers can harm and endanger suspects. For example, 18 people was killed by police officers with tasers in the UK. A Reuters report also pointed out more than a thousand people in the United States have died due to the use of tasersby law enforcement agencies.  The inappropriate use of tasers may be categorized as torture, insult or inhumane treatment, which is in violation of “The International Covenant on civil and political rights” and “Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment”

United Nations (UN): Tasers pose high risk of ill-treatment

UN Committee Against Torture (CAT) has repeatedly raised the concern of the use of tasers and other electroshock weapons by police around the world and believed that the use of tasers would pose a high risk of ill-treatment. Tasers can not only cause physical pain, but also death. The committee urges authorities to abandonthe use of tasers.

For example, in the New Zealand (NZ) review conclusion (2019) of UN CAT, the committee stated NZ authorities promised the use of tasers would be limited to trained and licensed personnel only and under situations in which police officers truly believe the suspect poses a threat. It is also guaranteed that tasers would be used properly. However, they still have concerns about the introduction of tasers into the police force and in particular, reports of police using tasers against the Maori and youth.The committee believed tasers can cause serious pain, torture, and even death. It may be a violation of the 2 conventions mentioned above. It is highly recommended that the authorities abandon the use of tasers.

Another example, in the conclusion of CAT deliberation in the United States (US) in 2006,  the committee had raised concerns about tasers being used widely in the US resulting in death. The committee urged the US to review carefully the use of electroshock weapons and limit their use. The authorities should also limit the use of tasers as substitutes of lethal weapons and stop using it on detainees.

Another example, in the conclusion of CAT deliberation in the Netherland in 2018, it mentioned that the committee had proposed the authorities to stop the use of electroshock weapon. However, the authority still carried out the pilot scheme without restrictions on the use of tasers. The committee is concerned that law enforcement agencies may use tasers in even if there was no threat to their life or serious injury. Police officers may also use tasers against the detainees. In the report, the authority always applied “stun mode”, but the objective of this mode was to cause pain to the victim. 

The use of tasers must be in accordance with the Convention against Torture

If police use tasers, they must comply with “the Convention against Torture” and “Basic principles for the use of force and firearms by law enforcement officers”. The use of tasers as a substitute for lethal weapons must only be considered if there is immediate a life-threating situation.

In any case, the use of tasers against vulnerable groups such as children and pregnant women should be prohibited, and the use of electroshock weapons in detention facilities should also be prohibited.

Authorities "must avoid the use and distribution of tasers on a daily basis”. Police officers using tasers must be licensedand trainedproperly.

The presence of stun guns deepens hostilities and increases conflict

A Cambridge University study found that the presence of police officers with stun guns, even if not in use, would deepen hostilities and increase police-civilian conflict. Police officers who were equipped with tasers were more likely to use force (48%) than police officers without tasers and were more likely to be attacked. It can be seen that the use of tasers is not necessarily safe. 

What is lacking is not equipment by checks and balances

The police are adequately equipped to handle suspects. It is not necessary to add tasers or any electroshock weapon into their arsenal. However, what is currently lacking is an independent mechanism to provide checks and balances against police excessive use of forceincluding implementation of UN recommendations and the disclosure of guidelines regarding the use of force by police.

Invite UN experts to participate in independent investigation committee

In the first instance, the authority should establish an Independent Commission of Inquiry in accordance with the CAP 86 “Commissions of Inquiry Ordinance”. We request experts from the UN and other international agencies to be involvedto ensure professionalism and impartiality. It can help to identify the problems of the system and carry out reforms. It can also conduct an impartial investigation into the abuse of power and the excessive force during the Anti-Extradition Law Amendment Bill Movement

ReformIndependent Police Complaints Council, IPCC

Furthermore, the HK government has to reform the IPCC. Establish an independent agency with the power to investigate, impose a penalty and the ability of decision-making in handling complaints against police. It ensures accountability within the system and hopefully repairs relations between the Hong Kong police and the peopleat large.

Remark

[1] Reuters. Reuters finds 1,005 deaths in U.S. involving Tasers, largest accounting to date.AIUK: UK: Public should 'resist drum-beat of calls for all police to carry a Taser 13 Dec 2018

[2] Manfred Nowak,Moritz Birk (eds). The United Nations Convention Against Torture and Its Optional Protocol: A commentary. 2nd edition. page 469

[3] Committee against torture. Concluding observations of the Committee against Torture: New Zealand. CAT/C/NZL/CO/5. 4 June 2009. para 16.

[4] Committee against torture. Concluding observations of the Committee against Torture: USA.CAT/C/USA/CO/2. 25 July 2006. para 35.

[5] Committee against torture. Concluding observations of the Committee against Torture: Netherlands. CAT/C/NLD/CO/7 .18 December 2018. para 42.

[6] Ibid. Para 43.

[7] Carrying Tasers increases police use of force, study finds.

BBC, Should all frontline police officers use Tasers? 24 August 2019

Source : In Media HK

https://www.inmediahk.net/node/1070025