THERE HAVE BEEN CALLS for an investigation after a video emerged over the weekend that claims to show a garda on Henry Street pepper-spraying a homeless man while he is handcuffed.
Homeless campaigner Fr Peter McVerry called for an investigation into the incident and for any “inappropriate behaviour” to be stamped out. The spray, referred to by gardaí as ‘incapacitant spray’, was first introduced across the force in 2010.
In a policy document at the time, An Garda Síochána said officers are “frequently required to deal with situations and conflict”.
The careful use of well chosen and appropriate words and the management of human interaction will resolve many situations. Others will necessarily involve the application of varying degrees of physical force.
Gardaí are entitled to use pepper-spray to “achieve a lawful objective” which includes:
Whether or not it’s appropriate to use it at a particular incident is basically at the discretion of the of the individual garda.
The use of incapacitant spray must be “reasonable in the circumstances” as the member of An Garda Síochána believes them to be.
Individual members are accountable and responsible for whatever force they use and must be in a position to justify their actions in the light of their legal responsibilities and powers, the policy document says.
In their decision to use pepper-spray, they are supposed to take into account how proportionate their level of force is, whether other options have been exhausted, and whether its use falls within their training.
“Special consideration” should be given to the heightened vulnerabilities of children and members of other vulnerable groups when it comes to using pepper-spray.
All uses of pepper-spray, other than in training, and which do not result in the death of, or serious harm to a person, must be notified to the Garda Síochána Ombudsman Commission (GSOC).
Figures from GSOC in 2013 revealed the spray had been used 3,500 times in total up until August of that year.
The guidelines say any member who has reason to believe that the spray has been used or is about to be improperly used by another member should, to the best of their ability, “prevent and rigorously oppose” any such use. They should also, at the earliest opportunity, report the matter to their supervisor.
Excessive use of non-lethal force by garda could constitute a violation of human rights of the person involved and the officer can face criminal proceedings if found to be at fault.
A Garda Superintendent has now been tasked with investigating the incident shown in the video circulated at the weekend.
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