Shabnum Mustapha: Taser ruling sparks a new controversy

Police are at the frontline in protecting our human rights, protecting our right to life and protecting our property. In doing so, they have legitimate powers to take action which might limit the rights of others – however, these are subject to the European Convention on Human Rights (ECHR).

Strathclyde Police Authority’s preliminary report of their evaluation to allow non-firearms trained officers to use tasers found that it could be in breach of the ECHR. It also argues that it is for the Scottish Government rather than chief constables to decide what weapons should be available.

This now puts the Scottish Government at odds with Strathclyde Police on these issues and with Amnesty’s long-standing opinion since the pilot was introduced in 2010.

Tasers are dangerous and a potentially lethal weapon. In the United States 500 people have died after being tasered. Most of the deceased were unarmed when they were shocked. In England, two men died last year after being shocked by a taser.

Amnesty does not object to the use of tasers in policing per se, but if it is to be used, it should only be used in a limited set of circumstances by trained officers where there is a serious risk to life or the threat of very serious injury.

Worryingly, Strathclyde Police Authority’s preliminary report has given a cautious welcome to the use of tasers more widely in Scotland, despite its own concerns.

Amnesty’s legal opinion concluded that while legislation is reserved to Westminster, control over firearms policy has been specifically devolved to Scottish ministers and therefore chief constables must have written authorisation.

According to a European Court on Human Rights ruling, the state must secure the right to life by “defining the limited circumstances in which law-enforcement officials may use force and firearms”. Therefore Amnesty concludes that the pilot was unlawful.

The Single Scottish Police Force presents an opportunity to close the gaps in accountability and compliance.

• Shabnum Mustapha is director of Amnesty International Scotland.