NATIONAL HUMAN RIGHTS COMMISSION III. Ensure that assistance and medical aid are rendered to any injured or affected persons at the earliest possible moment. IV. Ensure that relatives or close friends of the injured or affected persons are notified at the earliest possible moment. V. Where injury or death is caused by the use of force and firearms by law enforcement officials, they shall report the incident promptly to their superiors in order that the independent investigation body required (below) is promptly initiated. d. It should be ensured that there will be a clear mechanism in the chain of command with responsible officials in hierarchy who can fully control and order, from those officials who make arrests, detains and imprisons to those who use force and firearms. e. HMG shall ensure the prohibition of orders (from superior officers or public authorities) authorizing or inciting other persons to carry out executions. All persons shall have the right and the duty to defy such orders. f. HMG shall ensure that effective protection through judicial or other means shall be guaranteed to individuals and groups who are in danger of execution and those who receive death threats. g. In the cases of accusations regarding carelessness and misuse of the force and firearms, an effective, visionary, fair and impartial investigation should be ensured by the person who enforces law and order. h. It should be ensured that an immediate action against those who are held responsible for any of the above mentioned activities will be taken as provided by the law in Nepal and that the jurisdiction has the full right and supports to the independent investigation body whose function is to punish the culprits. i. Accessibility for an independent investigation body and legal procedure to the legal representatives of those who have become victims by the use of force or arms should be ensured. j. HMG shall ensure that superior officers are held responsible if they know, or should have known, that law enforcement officials 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. k. A criterion of rules and regulation should be set by the law enforcement officials regarding the rules of engagement and it should be informed to the concerned officer for its effective execution. This should be continuously reviewed as well. l. In order to minimize the use of firearms, the law enforcement security officials should use shields, helmets, bullet proof vests and should have means of transportation. 2. Qualification,Training and Consultation a. All the officers of law and enforcement should be selected on the basis of suitable selection criteria and that they should be given regular professional trainings. b. While giving the training, the law enforcement institutions should train its officials with an attitude to use as minimal force and firearms as possible and by including police code of conduct, the alternatives to the use of force and firearms and the methods used in the human rights and investigative procedures, peaceful resolution of the conflict, the mob’s psychology, and the techniques of negotiation, dialogues and arbitration and their technical solutions. 88

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