Every day we watch images where the Security Forces (FS) Portuguese or other countries use force, whether in situations of maintaining public order, arrests or simple searches, whose images almost always reach us through social media, and because they are not pleasant to see, With this article, we intend to help you understand the context.
Rogério COPETO
Colonel of the GNR, Master in Law and Security and Homeland Security Auditor
Director of the National Association of Guard Officers (ENCOURAGE)
It has now been six years since we addressed the issue of the use of force here at Lidador Noticias., in article 30 January 2019, with the title "The visibility of the use of force", and not wanting to be repetitive, It is important to remember that the use of force by the FS is a legitimate and essential instrument for maintaining public order, protecting fundamental rights and ensuring the safety of us all, Its application is not always nice to look at and it would be better if it wasn't necessary.
Yet, This power is subject to strict legal and ethical standards, which aim to ensure that the use of force is exercised in a proportionate manner, necessary and responsible, in line with the rule of law and human rights.
Not national level, the use of force by the FS is regulated by laws, specific codes and regulations, all anchored in the Constitution of the Portuguese Republic and at the international level, in legal instruments, such as Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in Havana, Cuba, of 27 de agosto a 7 September 1990 and Code of Conduct for Law Enforcement Officials, adopted by the United Nations General Assembly in its resolution 34/169, of 17 December 1979.
So, the fundamental principles that guide the use of force by the FS are: The Principle of Legality, since the use of force must have a legal basis and be conducted within the limits that the law allows; The Principle of Necessity, taking into account that the use of force should only occur when other alternatives, how to negotiate, are inadequate or ineffective; The Principle of Proportionality, because the level of force employed must be strictly compatible with the severity of the threat or resistance faced, and; The Principle of Responsibility, because FS must be responsible for their actions, being subject to public supervision and scrutiny.
With regard to limitations on the use of force, namely to prevent abuses in its application, there are clear restrictions on its use, especially in contexts involving the use of lethal weapons, whose limitations aim to protect the right to life, physical and psychological integrity, Therefore, the use of firearms is only permitted in extreme situations, such as self-defense or to protect the life of others against a current and imminent threat, the use of unnecessary or excessive force is also prohibited.
The use of force cannot also be used to punish, nor may it exceed what is necessary to contain a threat, should be avoided in vulnerable groups, such as children, seniors, people with disabilities and other vulnerable groups, in order to avoid the disproportionate use of force.
In practice, the use of force is a complex topic, as it requires quick decisions in high tension situations, Therefore, FS elements must be provided with continuous and appropriate education and training, both technical and ethical, so that they can act with discretion and self-control, where “body cameras” or internal and external inspection bodies, are indispensable tools to prevent abuse and ensure that excesses are properly investigated and held accountable.
However, the use of force by the FS can generate questions and debates, It is therefore important to understand that, in many contexts, It's just not legit, but necessary for compliance with the law and protection of society as a whole.
The FS therefore have a duty to protect society against any type of threat, such as violent crime, changes in public order and terrorism, where dialogue and mediation may not be sufficient, the use of force being the only way to restore order and protect lives.
The intervention of the FS, including the proportionate use of force, is often essential to protect individuals in situations of current and imminent danger, such as in a hostage situation, victims of domestic violence or people under direct threat of weapons, therefore, ignoring such situations would be neglecting the fundamental role of the State in guaranteeing the right to life and security.
As already mentioned, the use of force by the FS is regulated by national and international laws, that establish clear criteria for its application, so when used within these limits, the use of force is not only permitted, but it is also an obligation to fulfill your duty to protect.
FS elements are trained and trained to use force proportionally and only when necessary, one cannot ignore the fact that many situations require quick and complex decisions, in which lack of action can have more serious consequences.
In so many cases, the use of force can prevent a situation from deteriorating, resulting in greater damage, as, in dispersing a violent demonstration or to neutralize an armed aggressor, large-scale injuries or deaths can be avoided.
FS elements face constant risks in their activity, where the use of force is, oftentimes, necessary to protect their own physical integrity in situations of direct confrontation or violent resistance.
And when FS act legitimately and proportionately, strengthen the population’s trust in public institutions, demonstrating that the State is present and capable of acting in favor of the common good, especially in emergency or crisis scenarios.
It cannot be ignored that in States of Democratic Rule, there are oversight and accountability mechanisms for the use of force, so that if abuses occur, they can and should be investigated, without this implying an automatic delegitimization of the actions that are necessary and legal.
It is therefore concluded that the use of force by the FS, even though it's not pretty to look at, is a legitimate resource, which involves responsibilities and limitations, where respect for legality, human rights and human dignity must be the guiding light of all police action, It is essential that State power is exercised in a responsible and balanced manner, consolidating society's trust in FS, being a legitimate and, oftentimes, essential to ensure safety, public order and fundamental rights, protecting society and preserving human rights, taking into account legal limits and the principles of proportionality and necessity.
Note: The text constitutes the exclusive and unique opinion of its author, which only binds to this and do not reflect the opinion or position of the institution where it provides services.
