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Since 1st March, 1999
 
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INNOCENT UNTIL PROVEN GUILTY

Rules and regulations on the use of firearms by commissioned officers should include guidelines that: (d) Regulate the control, storage and issuing of firearms, including procedures for ensuring that law enforcement officials are accountable for the firearms and ammunition issued to them; (e) Provide for warnings to be given... when firearms are to be discharged; (f) Provide for a system of reporting whenever commissioned officers order the use of firearms in the performance of their duty; (g) Provide that superior officers are held responsible if they know, or should have known, that law enforcement personnel under their command are resorting, or have resorted, to the unlawful use of force and firearms, and they did not take all measures in their power to prevent, suppress or report such use;

(h) Ensure that no criminal or disciplinary sanction is imposed on law enforcement personnel who... refuse to carry out an order to use force and firearms, or who report such use by other officials; (i) Ensure that obedience to superior orders shall be no defence if law enforcement officials knew that an order to use force and firearms resulting in the death or serious injury of a person was manifestly unlawful and had a reasonable opportunity to refuse to follow it. In any case, responsibility also rests on the superiors who gave the unlawful orders.

Judicial inquiries must be mandatory in all cases of death at the hands of the security and armed forces and completed within a specific time frame and that the judges in such inquires...be empowered to direct the prosecution of security and armed forces personnel.

Section 4 (b): Power to destroy structure and hideouts which may hide absconders without verification: Presumption of innocence of the alleged absconders be guaranteed and respect for the principles of proportionality on the use of force be ensured.

Section 4(c): ...No person shall be arrested without warrant by the armed forces; in case of arrest without warrant... under exceptional circumstances as provided under sections 41 and 42 of the Criminal Procedure Code, the arrested person must be handed over to the police within 8 to 12 hours and a report be made by the armed forces to the nearest police station explaining the grounds and circumstances under which arrest had to be made...;

The commissioned officers of the armed forces carrying out the arrest shall prepare a memo at the time of arrest without warrant and such memo shall be attested by at least one witness, who may be either a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall also be counter signed by the arrestee and shall contain the time and date of arrest and the grounds for arrest and documents/materials recovered or seized;

The commissioned officers carrying out the arrest without warrant and detaining the arrestee till he or she is handed over to the nearest police station and those handling the interrogation of the arrestee while in the custody of the armed forces should bear accurate, visible and clear identification and name tags with their designations. The particulars of all such armed forces personnel who handle interrogation of the arrestee must be recorded in a register and be handed over to the police;

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