A look at the laws of Turkey and Pakistan in comparison with Iran.

The use of force and weapons by armed forces to maintain order and deal with criminals has always been one of the most important and troublesome issues in the legal systems of countries. On one hand, it cannot be denied that the police must have the authority to use force and weapons to maintain social order, but on the other hand, there is a high possibility that this authority may be abused and ultimately lead to the violation of citizens’ rights. Therefore, legislation on the use of force and weapons by armed forces requires sensitivity and exceptional knowledge. In Iran, this legislation was passed in 1994. A law entitled “Rules for the Use of Weapons by Armed Forces in Necessary Cases” was passed and is still in effect. Despite the ambiguities and flaws that can be found in this law, a general analysis of its regulations can be considered in support of citizens, as it limits the authority to shoot and use weapons to a considerable extent. Perhaps due to these limitations, some have decided to expand the scope

What do international laws say about this subject?

The right to life and the principle of prohibition of torture are recognized as fundamental rights in important documents such as the International Covenant on Civil and Political Rights, the Convention against Torture, and the European Convention on Human Rights. Legislation on the use of force by armed forces is certainly a limitation on this right; therefore, the use of force must be very limited and under specific conditions that have been clearly defined beforehand. Additionally, those who have the authority to use force must be fully trained and professional. Failure to comply with these regulations has been considered a violation of the right to life, physical integrity, and the principle of prohibition of torture by the European Court of Human Rights. The following international documents specifically address the use of force and weapons by armed forces, and set standards in this regard.

Rules of conduct for law enforcement officers, adopted by the United Nations General Assembly on December 17, 1979.

The fundamental principles of using force and firearms by law enforcement officers, (2) adopted at the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders in Cuba on September 7, 1990.

Principles related to preventing arbitrary, self-initiated and hasty executions, (3) adopted on May 24, 1989.

For example, in Article 2 of the Fundamental Principles, it is stated that governments must provide their law enforcement forces with necessary equipment and non-lethal disabling weapons in order to reduce the need for the use of lethal weapons. In Article 4, it is mentioned that law enforcement forces must first use non-lethal equipment and weapons and if they are not effective, then they may use lethal weapons. The next article states that if the use of lethal weapons is unavoidable, law enforcement forces must first ensure that they minimize harm and damage, prioritize the right to life of individuals, and make sure that immediate medical services are available for those who are injured. They must also ensure that the families of the injured are informed as soon as possible. Article 6 states that in cases where shooting results in injury or death, the shooter must inform their superiors immediately. In Article 7, it is stated that governments must consider the use of weapons outside of these principles as a crime. The following article also

Article 18 of this document requires governments to ensure that law enforcement officers are selected through appropriate screening methods, possess suitable moral, psychological, and physical qualities for the effective performance of their duties, and receive continuous and comprehensive professional training. Their ability to perform these functions must be subject to periodic review. This document also mentions that in the training of law enforcement officers, governments must pay special attention to issues of police ethics and human rights, particularly in the investigative process, and use alternatives to force and firearms, including peaceful conflict resolution. Training should also include understanding of population behavior and methods of persuasion, negotiation, and mediation, as well as technical tools aimed at limiting the use of force and firearms. Governments should also provide counseling on stress to forces authorized to use firearms. (4)

If we want to make a general comparison and examine the level of compatibility between the law on the use of weapons and its proposed amendment with the above principles, we will realize that the laws of Iran do not have much conformity and harmony with international standards. For example, an international standard states that the use of force and weapons in peaceful demonstrations is prohibited, while in Article 4 of the law on the use of weapons, the use of weapons under certain conditions in unarmed processions is considered permissible and in practice, a considerable number of our compatriots have been targeted by bullets for participating in peaceful demonstrations, or the provision of training courses in the law on the use of weapons, which are not foreseen in the above principles, has not been considered; also, no measures have been taken to provide medical facilities for the injured.

Turkey and the law, duties and powers of the police.

In Turkey, Law No. 2559, passed in 1934 under the name “Law on Duties and Powers of the Police” (5), specifies the regulations for the use of force and weapons. Article 16 of this law states that if the police encounter resistance while performing their duties, they have the right to use force to eliminate the resistance, only if necessary. In order to use force, officers will follow these steps, taking into account the level and degree of resistance, and only to render it ineffective: a) use of physical strength; b) use of material force; c) use of weapons in accordance with legal conditions. The intensity of each of these actions must gradually increase; meaning, the least amount of physical strength should be used first. For example, if someone resists arrest, the officer cannot immediately hit them or put their foot on their neck, but must first grab their hands and attempt to handcuff them. Each of these actions is defined as follows

In the context of legitimate defense;

B) In situations where physical strength and material force have been used, but have not been effective, it should only be used to the extent of breaking the resistance of the opposing party.

C) In comparison to those who have been issued a summons or arrested during the commission of a crime;

D) To prevent attacks with explosives, incendiary materials, and the like in public places, citizens’ homes and workplaces.

The use of conditional weapon is subject to first giving a loud warning, then firing a warning shot, and finally shooting only to the extent necessary to apprehend the person.

The five laws of Pakistan for the use of weapons by the police.

In Pakistan’s laws, the issue of the use of force and weapons by the police is mentioned in five laws: 1- Pakistan Penal Code (6) 2- Anti-Terrorism Act (7) 3- Protection of Pakistan Act (8) 4- Code of Criminal Procedure of Pakistan (9) 5- Police Regulations (10).

In the anti-terrorism law, military forces are given the authority to use their military equipment in the face of terrorism and to prevent assassinations. In this case, the military forces will have all the powers of the police. In order for the military to be able to use weapons in such cases, firstly there must be a reasonable suspicion that a terrorist operation is imminent. Secondly, weapons should be used as a last resort and thirdly, they should only be used to neutralize the operation and in proportion to it. The Protection of Pakistan Act also has similar regulations regarding organized crimes. The Penal Code also enforces regulations regarding justifiable defense for police forces. In other words, the police have the authority to use weapons for self-defense or defense of others within the limits of proportionality and to neutralize an attack, in accordance with general regulations regarding justifiable defense. These regulations apply to all citizens and do not grant any additional privileges to police forces.

According to the Criminal Procedure Code of Pakistan, if an unlawful assembly of more than five people is formed and there is a possibility of it turning into a riot, the police will first issue a warning for the assembly to disperse and may use force if necessary. In some cases, the use of military forces may also be necessary in addition to the police. In order to disperse the assembly, the police may arrest individuals. The important issue is that for the use of force and dispersing the assembly, there must be an order from a judicial authority. If the situation is urgent and access to a judicial authority is not possible, the law enforcement officers may make the decision independently, but as soon as a judge is available, they must obtain necessary orders from them. These officers are not authorized to make decisions regarding the use of weapons and force, their commander will make the decision in this regard.

But the most important regulations regarding the use of weapons are the 1934 Police Guidelines; however, in 2002 another guideline was also approved, which mainly refers to the police’s duties in controlling public order. Articles 46 to 50 of the 1934 guidelines specifically assign the use of force and weapons. It is stated in these guidelines that the purpose of using force is only to eliminate resistance or disperse the crowd and establish peace; therefore, the most important issue is regulating the degree of force, which must be proportionate to the danger; also, there should never be any hidden objectives behind the use of force and weapons, such as punishment and suppression. The degree and duration of using force should be limited as much as possible and the least harmful weapon should be used when circumstances allow. However, there is no specific rule or criterion for when and for how long a weapon should be used. If the use of weapons becomes inevitable, a judge or, in case of unavailability

When the use of weapons is necessary for arrest, except in cases of crimes punishable by execution or life imprisonment, officers are not allowed to shoot in a way that leads to death.

General comparison of Iran’s laws with those of Turkey and Pakistan

As a first point, it is necessary to mention that in Turkey and Pakistan, the issue of police using force has been raised, not just shooting and using weapons. In other words, the use of weapons is one of the instances of using force. This is while in Iranian laws, the use of force by judicial officers has not been specifically legislated. For this reason, courts are forced to use general principles in this regard. In most countries, the circumstances and extent of the use of force by judicial officers are regulated by laws or regulations. The lack of specific regulations in this regard will undoubtedly pave the way for abuse. This will undoubtedly harm the citizens.

The second issue is that in many countries such as Turkey and Pakistan, the intelligence agency is not under the jurisdiction of the judiciary or part of the armed forces. The intelligence agency only conducts intelligence work and is ultimately responsible for uncovering certain security crimes. In these countries, the intelligence agency shares its information with judicial authorities or the armed forces for them to take necessary actions. In other words, intelligence forces only carry weapons for self-defense and are only allowed to use them in situations of danger. However, in Iran, the situation is different. Although security forces are not under the general jurisdiction, they are considered under special laws in organized security crimes. Secondly, security forces are always present in demonstrations and participate in suppressing protesters disguised as civilians. In the proposed amendment, the phrase “security forces” has been added in several articles. For example, in Article 5 of the law on the use of weapons, it states: “Military and law enforcement personnel are authorized to use weapons to restore order and

Another issue is that in the laws of Pakistan and Turkey, the use of force and weapons is only intended to disperse predicted crowds; even in the laws of Pakistan, it is explicitly stated that the use of force and weapons should not be motivated by punitive or oppressive purposes.

Some of the procedures related to the use of force and weapons in the laws of Pakistan and Turkey are predicted with more details; including the requirement for a judge or commander to determine the details of the shooting or the immediate transfer of the injured to a hospital; it is also deemed necessary to present a shooting report to judicial authorities. These measures are not predicted in Iranian law.

The issue of high importance is the judicial handling of cases related to the shooting of armed forces members. In Iran, since military crimes are dealt with in military courts, the handling of cases involving the use of force and weapons falls under the jurisdiction of these courts. This is in contrast to democratic countries where military courts only handle disciplinary offenses or crimes. Overall, the handling of military crimes in times of peace in special courts can lead to these courts being unable to judge independently and impartially.

Notes:

1- قانون رفتار برای مقامات انتظامی.

2- اصول اساسی در استفاده از نیرو و سلاح توسط مقامات انتظامی.

2- Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.

The principles for effective prevention and investigation of extrajudicial, arbitrary, and summary executions.

-4 Refer to the United Nations standards for more information on the use of force and weapons.

منبع

Resource

کتاب

book

در مورد استفاده از نیرو و اسلحه در انجام قوانین انفرادی.

On the use of force and firearms in individual law enforcement.

5- Police Duties and Powers Law.

The Pakistan Penal Code, 1860.

The Anti-Terrorism Act of 1997.

The Protection of Pakistan Act, 2014.

9- قانون آئین دادرسی جرائم، 1898.

9- Criminal Procedure Code, 1898.

The Police Order of 1934 and 2002.