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Procedural shortcomings .......................................................................... 55–68 13 C. Excessive use of force by the police......................................................... 69–79 16 D. (...) A/HRC/25/59/Add.2 8 GE.14-13488 of the Member States is that excessive and discriminatory law enforcement aggravates the threat of violent extremism and is counterproductive. (...) It thus undermines the rights of the accused without protecting the rights of the witness, and arguably even exposes the witness and his or her family to greater and unnecessary risk by creating the false impression that their identity will remain secret. C. Excessive use of force by the police 69. Another issue of serious concern to the Special Rapporteur is the use of excessive force by members of the Carabineros and the investigative police forces (Policía de Investigaciones), during raids or searches of Mapuche communities and the apprehension of suspects, together with the almost complete absence of accountability for the crimes of excessive violence committed against the Mapuche during the course of those searches. 70.

OHCHR is deeply concerned about the recent violence in the Terai area of southern Nepal (see A/HRC/4/97, paragraphs 65 and 66) in the context of demonstrations by Madhesi, and the often excessive responses from the Nepal Police and Armed Police Force. 9. (...) Nevertheless, many aspects of the police response mirrored the excessive and unnecessary use of force employed by the security forces in response to the protests of April 2006, documented in OHCHR public report of September 2006,2 which indicates that the relevant recommendations made in that report have yet to be acted on by the law enforcement agencies and the Interim Government. 12. (...) Most significantly, police should ensure that they avoid excessive use of force. At the same time all segments of society should engage only in peaceful forms of protest. -- -- -- -- -- 2 The April Protests: Democratic Rights and the Excessive Use of Force - Findings of OHCHR Nepal’s Monitoring and Investigations (September 2006), available online at http://nepal.ohchr.org/reports.htm.

The rapid negative escalation of situations and the excessive use of force disproportionately used on African Americans demonstrates this concern. (...) During the country visit, the Working Group was informed about and observed the excessive control and supervision targeting all levels of the lives of African Americans. (...) Zero tolerance policies and heavy- handed efforts to increase security in schools have led to the excessive penalization and harassment of African American children through racial profiling.

Positive aspects............................................................................................... 58–64 10 B. Excessive recourse to the deprivation of liberty............................................. 65–83 10 C. (...) They referred to having been victim of the excessive use of force, ill-treatment and beatings during apprehension and their detention in police stations. 82. The excessive use of pretrial detention contributes to overcrowding, the lack of effective separation between convicted prisoners and pretrial detainees, and excessive resort to condemnatory sentences. 83.

The Israeli occupying forces have used lethal and excessive force against peaceful protestors, who posed no immediate threat to the lives of Israeli soldiers. (...) The unarmed civilians in the Great March of Return have continued been targeted. Israel’s use of excessive force and unjustified violence against protestors resulted in the killing of 104 civilians, including 15 children and two persons with disabilities. (...) Continued crimes and excessive use of force against peaceful protestors, that are supported by a decision from the highest military and political levels, require an investigation, with a particular focus on protected groups.

Depending on the seriousness of the pain and suffering inflicted, excessive use of force may constitute cruel, inhuman or degrading treatment or even torture. 23. (...) The Special Rapporteur considers such long-term collective punishment of all inmates serving life sentences excessive and amounting to collective ill-treatment. (...) Even on those occasions, it is the duty of law enforcement bodies to ensure public order without resorting to excessive violence. During the presence of the mission in Laâyoune, one such demonstration was held.

This practice is reported to regularly result in the excessive use of force and arbitrary arrests for the mere purpose of identity checks or other reasons not linked to criminal conduct. (...) The Special Rapporteur has also received reports of police officers making excessive use of firearms (“trigger-happy”) at the moment of arrest, including as a means of intimidation. (...) According to inmates, in March 2018, the prison service had also reportedly used excessive force on a group of women in that complex who had been protesting about not having received their salary. 60.

Basic legal safeguards .................................................................................... 42–46 10 E. Excessive use of detention on remand............................................................ 47–50 11 F. (...) That right should be granted as a principle of law. E. Excessive use of detention on remand 47. During its visits to detention facilities, the Working Group observed the excessive use of detention on remand. (...) Regarding cases within its mandate, the Working Group found that torture and ill- treatment were used to extract confessions and that protestors were subjected to excessive use of force by law enforcement officials.

Hence, there are no guarantees in place to ensure that the right to freedom of expression is protected from arbitrary and excessive limitation, including the possibility of abuse by political figures to censor criticism. (...) However, there are concerns with regard to a de facto authorization system and a lack of accountability of law enforcement officials for alleged use of excessive force against peaceful demonstrators. 59. (...) In this regard, the Special Rapporteur would like to stress the importance of prompt and thorough investigations of all allegations of excessive use of force by an independent body, and of bringing responsible persons to account.

A/HRC/34/54/Add.1 GE.16-22017 7 persons deprived of their liberty, including those charged with crimes against the State or terrorism. 2. Excessive use of force 28. The Special Rapporteur heard reliable testimonies, from civil society and victims, of demonstrators being dispersed through the use of excessive force and violent means, including beatings with clubs, by law enforcement officers. (...) The Special Rapporteur reiterates that excessive use of force is prohibited under international law and that law enforcement officers must use non-violent means. (...) The Special Rapporteur was assured by representatives of the Ministry of the Interior and Decentralization that not a single complaint regarding excessive use of force against demonstrators had been lodged in the five to six months prior to the visit.