警察执行公务滥用职权也要成为被告

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霍建强（Raymond Huo）律师曾任全国最大英文报《纽西兰先驱日报》文字记者，目前就职于具有百年历史的著名律师楼Hesketh Henry Lawyers。

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Police sued over pepper-spraying
警用胡椒喷雾剂滥用，警察被告

[1] A union campaigner who was pepper-sprayed during a protest is suing police, amid a public outcry against police who pepper-sprayed another man as he lay handcuffed on the ground.
一名在示威游行中被警察喷击的工会运动组织者，将警察告上法庭。与此同时，警察在另外一桩类似事件中，对一个被推搡倒地，双手被手铐反铐在背后的男士，用警用胡椒喷雾剂大喷特喷。舆论哗然。

[2] The campaigner filed the claim for damages, alleging he was assaulted and his rights were breached during a demonstration in Rotorua in January 2005. Police had laid chargers against him but the charges were dismissed in the Rotorua District Court in September 2005. Judge Weir said the police officer pepper-sprayed the campaigner \"because he was passively resisting, he was holding his arms out, turning and twisting and it was for that reason alone he pepper-sprayed him\".
这位工会运动组织者已透过律师向法庭递交了诉状，他声称在他参加的2005年1月在Rotorua举行的示威活动中，警察侵犯了他的权利并构成伤害。警察此前曾就示威活动对他进行指控，但指控随后被Rotorua地方法庭驳回。韦尔法官说警察对他实施喷击“因为他在被动抵抗。他伸出双臂，原地转圈，而他仅仅因此而遭喷击。”

[3] The pepper spray rules provide that police may use spray to defend themselves or others if they fear physical injury and they cannot reasonably arrest an offender. Unless authorised by the district commander, police are not supposed to use pepper spray during demonstrations. And spray must not be used against people who are offering passive resistance.
对警用胡椒喷雾剂的使用有明文规定。一般来说，警官只能在正当防卫、保护他人免遭伤害以及不能适当实施逮捕的情形下才能使用。面对示威游行，除非有地方指挥官的授权，否则不得使用。面对被动抵抗，更不得使用。

[4] However, early in May, a Henderson man was sprayed as he lay on the ground with his hands cuffed behind his back. Another police officer was standing beside him, watching. The incident was caught on camera by TV3.
但是就在上个月（2000的5月），一名Henderson男子在被推搡倒地、双手反铐背后的情形下，仍被两名大块头男性警官喷击。整个场面被电视三台嚗料。

[5] Police were allegedly trying to portray the West Auckland spraying as an isolated incident. But The New Zealand Herald reveals that the debilitating spray was used 2000 times in 2005.
据称，警察试图将最近的这桩喷击事件描绘成一个孤立案件。但英文《纽西兰先驱日报》披露，警察单在2005年使用这种旨在瞬间制服对方的喷雾剂就达2,000次。

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