Police officer arrested for unlawful use of weapons in Rhodope

A policeman of the Border Guard Department in Rhodope used his weapon beyond the limits set by law, resulting in a serious head injury. The policeman was arrested and a case was filed against him.

• All less severe means have been exhausted, unless they are not available or appropriate in the particular case. Less severe includes in particular, admonitions, exhortations, the use of obstacles, physical force, a police baton, permissible chemicals or other such means, a warning that a firearm may be used and a threat to use a firearm.
• He or she has stated his or her capacity and has given clear and understandable warning of the imminent use of a firearm, providing adequate time to respond, unless it is futile under the circumstances or would increase the risk of death or bodily harm.
• The use of a firearm shall not constitute an excessive measure in relation to the type of harm threatened and the danger of the threat.

According to the same article (paragraph 3), “where the conditions of the preceding paragraph are met, the milder use of the firearm is required, unless this is futile under the circumstances or increases the risk of death or bodily harm. Milder use of a firearm shall be understood to mean an escalation of the use of the firearm as referred to in Article 1(d) with the least possible and necessary offence.

In this case, the police officer appears to have used his weapon without the above legal requirements being met, resulting in serious injury and in his own arrest.