Legal expert says police may use Taser on person with intellectual disability

Police may use a Taser on a person with an intellectual disability, but only as a last resort, legal expert Matti Tolvanen told Yle. The comment follows an incident in which police used a Taser on a man at a supported housing unit for people with intellectual disabilities in Espoo on Friday. The man later died in hospital.

Tolvanen, an emeritus professor of criminal law, said police should be especially careful when using force against a person with an intellectual disability.

“If the person does not understand the police commands, other means than using a Taser should be considered,” Tolvanen said.

Police Inspector General Ilkka Koskimäki said on Yle’s A-studio programme on Tuesday that police do not use Tasers on children, elderly people or pregnant women. Tolvanen said this did not mean police should categorically avoid using one against a person with an intellectual disability.

According to Tolvanen, using a Taser may be justified if the person threatens the health or life of others and police cannot otherwise calm the situation.

Western Uusimaa Police said on Wednesday that staff at Rinnekoti, a supported housing unit in Espoo, had called police on Thursday because of a person behaving aggressively. Police attended and helped calm the situation, but were called back on Friday.

Police said the person’s violent behaviour continued on Friday and that officers “eventually” used a Taser.

The public does not have detailed information about what happened before the Taser was used. The National Prosecution Authority’s police crimes unit is considering whether to begin a preliminary investigation into the actions of the officer who used it.

“We will decide on the matter in the next few days,” said Tapio Mäkinen, head of the police crimes unit.