It happened in San Giovanni Teatino, in the province of Chieti. The 35-year-old, who allegedly had psychiatric problems, would have been noticed as he ran naked along the streets of the city in a confused state: the carabinieri stopped him using the taser gun, then the 118 doctors gave him a sedative. The young man died before reaching the hospital.
A thirty-five year old died in circumstances that are yet to be clarified after being stopped by the police with the taser, the controversial “electric gun” supplied to the Italian police forces: it happened yesterday, Sunday 13 August, in St. John Theatine, in the province of Chieti. The man, who allegedly had psychiatric problems, would have been noticed while ran naked along the streets of the city in an evident state of confusion: when he headed towards the railway, in the area of via Aldo Moro, the intervention of the police was requested for fear that he could end up on the tracks and become the victim of an accident.
The carabinieri then arrived on the scene and resorted to a taser to stop him; however, the man would continue to go into a rage. At that point, the 118 doctors also intervened with an ambulance, who allegedly administered a sedative in order to calm the 35-year-old, who died before arriving at the hospital. The story is still to be clarified and the public prosecutor has opened a file. Prosecutor Marika Ponziani coordinates the investigation, who will have to establish whether the death was caused by the electric discharge, by the administration of the sedative drug or by other reasons.
When the police can use the taser
The taser is an electric gun that releases shocks capable of immobilizing the victim. Its use is permitted to individuals only if they hold a firearms license and in any case solely for the purpose of self-defense. Even the forces of order can make use of it, but within certain limits of proportion with respect to the danger in progress. It is, in fact, afull-fledged weaponas Amesty International also recalls, according to which in the United States it has caused at least a thousand deaths in 20 years.
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The Guarantor Authority for persons deprived of their liberty has made some recommendations on the use of the electric pistol, explicitly asking to be vigilant “to avoid its improper use” since “it can have serious health outcomes” or “configure a treatment in violation of national and international obligations”. Furthermore, he recalls the prohibition of its use “in closed places where deprivation of personal freedom is held” and recommends “special caution in its use towards people with particular psychic or behavioral vulnerability”.
In any case, in order to avoid abuses by the police, the Ministry of the Interior has developed a protocol for the use of the taser which provides for five mandatory steps by the police operator:
hazard identification; declaration to the citizen that he is armed with an electric pistol; weapon display; warning arc (warning shock with gun aiming); actual use of the taser.
The art. 53 of the Penal Code establishes that “the public official who, in order to fulfill a duty of his office, uses or orders to use weapons or other means of physical coercion, when forced to do so by the need to reject a violence or to overcome a resistance to the Authority […]”. Consequentially the public official can use the taser solo:
to reject a violence; to overcome resistance.
In any case, the use of the taser can take place in compliance with three concepts:
proportion to the danger in progress; necessity of the use of the weapon; adequacy.