A/HRC/32/39
2010, an Angolan deportee died of a heart attack after being restrained by three security
guards.30 In both cases, the detainees reportedly shouted that they could not breathe.
84.
The responsibility to plan an appropriate operational response to an emerging
situation applies as clearly to private security providers as it does to State law enforcement.
However, in the case of private security providers there exists an additional potential
precautionary step, namely to call upon the State’s law enforcement personnel. In
circumstances where private security providers resort to force having turned down an
opportunity to defer to the State’s police, their full compliance with the requirements of
precaution would be called into question. In circumstances where help from authorities was
forthcoming, private security providers can no longer justify the use of force under the
principle of self-defence or defence of others.
85.
Unless directly contracted by the State to do so, which is itself problematic, the
contractual responsibility of private security providers in the context of assemblies is not to
facilitate the right to freedom of peaceful assembly, but rather to protect the property or
personnel of the contracting party. The protection of the rights and safety of the public
more broadly remains the duty and function of the State. Private security providers should
defer to properly trained and equipped specialist law enforcement units wherever possible.
E.
Operational conduct of private security providers
86.
The two standards generally applied at the instant of an operation or exchange of
force are necessity and proportionality. In the present section, the Special Rapporteur
considers whether there are particularities to the application of those standards to the use of
force by private security providers.
87.
Necessity is a factual cause and effect assessment that evaluates whether force
should be used at all, and if so, how much force is actually unavoidable in order to achieve
the desired outcome. The requirement of necessity raises the question of whether the threat
could not be averted by resort to less harmful means and, thus, implies a graduated
approach to the use of force. Therefore, any use of force can be regarded as necessary only
when it constitutes the least harmful means available at the time that can be expected to
achieve the desired outcome.
88.
The proportionality requirement relates to the question of whether the benefit
expected to result from the use of force, that is, neutralizing a threat, justifies the harm
likely to be caused by it. While establishing necessity requires a factual cause-and-effect
assessment, demanding that the least harmful means be used to achieve a desired effect,
proportionality entails a value judgment that balances harm and benefit, demanding that the
harm that might result from the use of force is proportionate and justifiable in relation to the
expected benefit.
89.
As far as the right to life is concerned, the proportionality requirement demands that
the use of firearms is permissible only if the purpose is to protect another life from a threat,
and is sometimes called the “protect life principle”. The use of lethal or potentially lethal
force to protect property or assert State authority does not meet the proportionality
requirement.
90.
Given that they are cumulative requirements, proportionality can place a ceiling on
the level of force that may be considered necessary, and vice versa. For example, it may be
30
14
See BBC News, “Jimmy Mubenga: Deportee shouted ʽyou’re killing me’”, 4 November 2014.
Available from www.bbc.com/news/uk-england-london-29902375.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents