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Apprehending Persons

Summary

 

The apprehending of persons is only permitted in cases of imminent threat of violence against the company, its personnel or others, or following attacks or crimes against the company, its personnel, its clients or the properties under its protection, including the respect of national and international law.

 


 

The Code

 

34. Signatory Companies will, and will require their Personnel to, not take or hold any persons except when apprehending persons to defend themselves or others against an imminent threat of violence, or following an attack or crime committed by such persons against Company Personnel, or against clients or property under their protection, pending the handover of such detained persons to the Competent Authority at the earliest opportunity. Any such apprehension must be consistent with applicable national or international law and be reported to the Client without delay. Signatory Companies will, and will require that their Personnel to, treat all apprehended persons humanely and consistent with their status and protections under applicable human rights law or international humanitarian law, including in particular prohibitions on torture or other cruel, inhuman or degrading treatment or punishment.

 


 

Resources

 

1. Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment - OHCHR

 

2. The right to liberty and security of the person: a guide to the implementation of Article 5 of the European Convention on Human Rights - Council of Europe

 

3. PSC.1-2012 (R-2017): Management System for Quality of Private Security Company Operations – Requirements with Guidance (PSC.1), section 9.5.4 AND 9.5.5 - ANSI/ASIS

 

4. ISO 18788 – 2015 – Management System for Private Security Operations – Section 8.4

 

5. 2017 Commentary to the Geneva Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, Article 3, paragraph F, subparagraph 1 (572-586), and paragraph H (739-750) – ICRC

 


 

Indicators

 

Outcome Indicator:

 

The Member Company apprehends persons only in exceptional cases and ensures respect of their rights.

 

Performance Indicators:

 

Procedures

 

1. Apprehension of persons is restricted to only those cases where:

 

    1.1. There is an imminent threat of violence against Company personnel or others;

    1.2. There is an attack or crime against Company personnel, clients or property under its protection.

 

2. The procedures:

 

    2.1. Prescribe personnel to respect the rights of apprehended persons at all times.

    2.2. Require personnel to handover apprehended persons to the competent authority at the earliest opportunity.

    2.3. Explain the process of reporting incidents related to the apprehension of persons.

    2.4. Are consistent with applicable national and international law.