S.I.S Security Integral System Copyright(c) César Pelegrín 2008
International Police Self Defense
CONCEPT:
The Police Self-defense is a discipline different from the Martial arts, although it feeds of several technical contents of many of them. The baggage of skills of confrontation and physical control for free hands or with not lethal weapon, that understands this discipline, they are those selected in accordance with the current legislation and bearing especially in mind that the same ones are not excessive or cause serious injuries. The police excess in all the countries that ratified the international instruments of Human rights is repudiated by the society civil and sanctioned by the juridical arranging current. No society in Constitutional state justifies “ it costs everything ”, and only those Police Skills adapted for the rational use of the physical force, to free hands and with not lethal weapon, will be the average tolerated only ones and that can apply oneself for the fulfillment of the duty and/or the self-defense or of third; having the obligation the official entrusted to make to fulfill the law of using appropriately, in case of need, not lethal force for arrest or stopping{detaining}, neutralizing, controlling, moving, and putting at the disposal of the justice a suspect in physical complete conditions. For this motive, we refer to a discipline with targets and essentials completely different from the one that the (sports) traditional and modern martial arts chase, then, the target and foundation of the police self-defense in the beginning of the XXIst century is to qualify the official entrusted to make{make} to fulfill the law to acquire the aptitude to neutralize any physical aggression and to control effectively a person suspected in the commission of a crime, limiting to the minimum the damages and injuries, and respecting the life it humanizes as{like} ethical fundamental principle. Therefore, the Police Self-defense must not make a mistake with a training for a street fight, since the official entrusted to make to fulfill the law without intention of struggle and fitting to a protocol as professional of the safety, will have to control a violent situation, acting with resolution and attitude, and of being possible, always intervening with support of other or other partners. The present System of Police Self-defense that spreads under the initials of S.I.S Security Integral System, has this tactical - strategic intention, to give him a suitable formation, appropriate training and the skills or rational hardware that will serve him as professional instrument of work inside a protocol that must fit as professional of the safety. It is important to stand out, that the use of the public force so that it should be legitimate must be rational, and to be rational, it must fit to the following principles: 1-Adecuación to the Legislation current, principally on the subject of rights I humanize; 2-Congruence; 3-Oportunity; and 4-Proporcionality.
The Use of the Force is established in the ambience of the UNITED NATIONS, across{through} the High place Commissioned for the Human rights, who developed a series of resources, for the training of the police officials, resting{relying} on the CODE OF CONDUCT FOR OFFICIALS ENTRUSTED TO MAKE{MAKE} TO FULFILL THE LAW (Approved by the General Assembly by means of Resolution 34/169, of December 17, 1979), in the BASIC BEGINNING ON THE EMPLOYMENT{JOB} OF THE FORCE AND THE FIREARMS FOR THE OFFICIALS ENTRUSTED TO MAKE TO FULFILL THE LAW (Adopted as the 8th Congress of the O.N.U.); PREVENTION OF THE CRIME{OFFENSE} AND TREATMENT OF THE DELINQUENT, (celebrated in 1990); and the RULES OF PENAL JUSTICE OF THE UNITED NATIONS FOR THE POLICE OF MAINTENANCE OF LA PAZ.
The legal dispositions that regulate the use of the public force are based on the beginning of need and proportionality. This beginning demands that the officials entrusted to make fulfill the law should resort by force when it is extrictamente necessarily for the application of the law and the public law and order maintenance and that this application is proportional. The officials entrusted to make to fulfill the law, as far as possible, will resort to not violent means before using the force and firearms (established in the Series of Professional Training nº5 of the O.N.U.).
A gradual order of the operations establishes that there must fit the officials entrusted to make to fulfill the law:
1-Use the persuasiveness.
2-Use the force moderately. (Of this it is deduced, that are applicable the corporal skills of police self-defense to free hands).
3-User alternative elements to the firearms (Of this it is deduced, that are applicable the use with defensive and tactical skills of not lethal weapon, as Canes, Tonfa Policial, etc.).
4-Use llethal weapon moderately and in proportion to the gravity of the crime{offense} and the legitimate chased target, only when there turn out to be less extreme insufficient measurements.
CODE OF CONDUCT FOR OFFICIALS ENTRUSTED TO MAKE TO FULFILL THE LAW (Resolution 169/34 of the General Assembly of the O.N.U).
Article 1
The officials entrusted to make to fulfill the law will fulfill at all times the duties that the law imposes on them, serving his community and protecting all the persons against illegal acts, in consonance with the high grade of responsibility demanded by his profession.
Article 2
In the performance of his tasks, the officials entrusted to make to fulfill the law will respect and protect the human dignity and will support and defend the human rights of all the persons.
Article 3
The officials entrusted to make to fulfill the law will be able to use the force only when the performance of his tasks is strictly necessary and in the measurement that it needs it.
Comment:
In this disposition it is underlined that the use of the force for the officials entrusted to make{make} fulfill the law must be exceptional; although it implies that the officials entrusted to make{make} fulfill the law can be authorized to use the force in the measurement in which reasonably it is necessary, according to the circumstances for the prevention of a crime{offense}, to carry out the legal detention of delinquents or of supposed{alleged} delinquents or to help to carry it out, the force will not be able to be used in the measurement in which it exceeds these limits. The national right restricts ordinarily the use of the force for the officials entrusted to make{make} to fulfill the law, in accordance with a beginning of proportionality. It must be understood that this national beginning of proportionality has to be respected in the interpretation of this disposition. In no case it must be interpreted that this disposition authorizes the use of a disproportionate grade of force to the legitimate object that has to be achieved. The use of firearms is considered to be an external measurement. Everything possible will have to do for excluding the use of firearms, especially against children. In general, firearms will not have to be used except when a supposed delinquent offers armed resistance or puts in danger, of any another way, the life of other persons and could not diminish or stop the supposed delinquent applying less extreme measurements. In any case in that a firearm should go off, the competent authorities will have to be informed immediately.
Article 4
The questions of confidential character of which there have knowledge the officials entrusted to make to fulfill the law will be supported secretly, unless the fulfillment of the duty or the needs for the justice demand strictly the opposite.
Article 5
No official entrusted to make{make} to fulfill the law will be able to inflict, to instigate or to tolerate no act of torture or other cruel, inhuman or degrading dealings{manners} or sorrow{sentences}, nor to invoke the order of a Superior or special circumstances, as the state of war or threat of war, it threatens to the national safety, political internal instability, or any other public emergency, as justification of the torture or other cruel, inhuman or degrading dealings{manners} or sorrow{sentences}.
Article 6
The officials entrusted to make{make} to fulfill the law will assure the full protection of the health of the persons under his safekeeping{custody} and, in particular, they will take immediate measures to provide medical attention when it is needed.
Article 7
The officials entrusted to make to fulfill the law will not commit any act of corruption. Also they will be opposed rigorously to all the acts of this nature and will fight them.
Article 8
The officials entrusted to make to fulfill the law will respect the law and the present Code. Also they will do all that is to his scope for any violation of them prevents and for being opposed rigorously to such a violation. The officials entrusted to make to fulfill the law that there have motives for believing that it has taken place{been produced} or there is going to take place a violation of the present Code they will inform about the question his Superiors and, if it will be necessary, to any other authority or appropriate organism that it has attributions of control or corrective.
The human rights are determined and protected by the international law. Between the international pertinent instruments there are the UNIVERSAL DECLARATION{STATEMENT} OF HUMAN RIGHTS, the INTERNATIONAL AGREEMENT OF CIVIL AND POLITICAL RIGHTS, the DECLARATION ON THE PROTECTION OF ALL THE PERSONS FROM THE TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING DEALINGS{MANNERS} OR SORROW{SENTENCES}, the DECLARATION{STATEMENT} OF THE UNITED NATIONS ON THE ELIMINATION OF ALL THE FORMS OF RACIAL DISCRIMINATION, the INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL THE FORMS OF RACIAL DISCRIMINATION, the INTERNATIONAL CONVENTION ON THE REPRESSION AND THE PUNISHMENT OF THE CRIME OF APARTHEID, the CONVENTION FOR THE PREVENTION AND THE SANCTION OF THE CRIME OF GENOCIDE, the MINIMAL RULES FOR THE TREATMENT OF THE RECLUSES, the CONVENTION OF VIENNA ON CONSULAR RELATIONS, and the AMERICAN CONVENTION ON HUMAN RIGHTS (Agreement of San Jose of Costa Rica).
INTERNATIONAL NORMS ON THE ARREST RECOMENDATIONS OF UNITED NATIONS OF MAKING ALL THE OFFICIALS IN CHARGE FULFILL THE LAW:
1. To check periodically and to understand clearly his faculties of arrest or detention and the procedures that must be applied in the moment of the arrest and after this one.
2. To take part in the programs of training to acquire and to support the capacities of interpersonal relation, and that allow him to carry out arrests of an expert, discreet way and with the due respect to the human dignity.
3. When the resistance is not clear, use a soothing, correct language and disuasorio on having realized the arrest.
4. To acquire and to support the technical and tactical aptitudes to carry out the arrests of an expert, discreet way, and with the due respect to the human dignity.
5. To learn properly and to support the knowledge on the use of the wives and other means of restriction of movements.
6. To increase the self-assurance learning SKILLS{TECHNOLOGIES} OF SELF-DEFENSE.
7. Exercise in the use of shields, vests to test of bullets, helmets and not lethal instruments.
8. Acquire and they exercise the use of different means for the use separated from the force, inclusive you arm not lethal.
In the compared right, for example in the Spanish legislation, the following requisites are established for the EMPLOYMENT OF THE FORCE:
1. THAT THE PERFORMANCE BETWEEN IN THE SPHERE OF THE PROPER ATTRIBUTIONS OF THE AGENT.
2. THAT IS IN THE PERFORMANCE OF HIS FUNCTIONS.
3. LET EXIST RATIONAL NEED TO RESORT TO HER{IT} AND ONLY IN THE MEASUREMENT IN WHICH IT IS NECESSARY FOR THE EXECUTION OF LEGITIMATE FUNCTIONS OF APPLICATION OF THE LAW AND WHICH THE GOVERNMENTS AND ORGANISMS ENTRUSTED TO MAKE TO FULFILL THE LAW, WILL EXAMINE CONTINUOUSLY THE ETHICAL QUESTIONS RELATED TO THE EMPLOYMENT OF THE FORCE. It means that it is necessary to establish systems for this examination it continued and it has aftereffects in the programs of training, in which the both theoretical and practical aspects are tackled of the use of the force.
4. (183 of the Manual of training in Human rights for the Spanish police) On the other hand the paragraph b) of the article 5 of this basic Principles, IT IS REQUIRED THAT THE POLICE SHOULD LIMIT TO THE MINIMUM THE DAMAGES AND INJURIES AND SHOULD RESPECT AND PROTECT THE HUMAN LIFE (256 OF THE MANUAL OF TRAINING in Human rights for the Police), hence the International Norms believe on the Arrest.
In Argentina, the Human rights are included in eleven international instruments on the matter with the reform of the National Constitution of 1994, in the 75th, jerky article 22. It is recognized by this incorporation by the constitutional reform, the supremacy of the international law of the human rights on the national right. The Argentine State{Condition} can know of now in more commitments assumed internationally and to deny the rights that he{she} promised to concern. The State cannot already act at his{your} pleasure because it is determined by these new built-in instruments, the beginning of sovereignty limits itself in favor of the persons, and the State when it acts against these takes responsibility on a global scale.
The grounds of justification or exculpatory circumstances of responsibility are established in the article 34 of the Penal Argentine Code:
The Article 34, it establishes that they are not punishable:
4th interjection: (Fulfillment of the duty) the one that acts in fulfillment of a duty or in the legitimate exercise of a right, authority or charge;
6th interjection: (Self-defense) the one that will act in self-defense or of his rights, whenever the following circumstances will meet:
a) Illegitimate aggression;
b) Rational need for the way used it to prevent or to repel it;
c) Absence in sufficient provocation on the part of the one that defends himself. It will be understood that these circumstances meet with regard to that one that during the night will push back the scaling or break of the fences, walls or earnings of his house, or inhabited department or of his dependencies, any that is the damage caused to the aggressor. Equally with regard to that one who will find a stranger inside his hearth, whenever there is resistance.
7th interjection: (Self-defense of third) the one that will act in defense of the person or rights of other, whenever the circumstances meet{compete} a) and b) of the previous interjection and case to have preceded sufficient provocation on the part of the attacked one, that of which the third defender has not taken part in it.
The system S.I.S of police international self-defense, it is based on protocols of intervention that prefer the respect to the human rights and to the international legislation in any performance of an official entrusted to make to fulfill the law.
This system is divided in three basic levels and three Superiors, as well as monographic courses of matters capable of studies on the part of agents of Public or Private Safety.
The formation is based on practical and theoretical assumptions, providing to the personnel earlier above-mentioned, of the necessary resources to support the civil order and the rebib to the individual rights. Our base centers that the Formation is synonymous of Proportionality.
César Pelegrín
International Master ,founder and creator of the S.I.S System
