A/HRC/28/68/Add.4 Use of force 26. International law requires that the conditions for the use of force are set out in law. Section 18, paragraph 4, of the Constitution contains a broad standard of “reasonably justifiable” use of force and permits its use for, inter alia, the defence of property and to effect lawful arrest. It does not require the existence of an imminent threat of death or serious injury for the use of lethal force, nor does it require that the force be used only as a last resort to protect life, as prescribed by international law. 27. A “bulldozer” unit comprising several law enforcement units, including a paramilitary unit that reports to the Inspector General of Police, is used to quash civil disturbances and intimidate civil society. In April 2000, security forces opened fire on a student protest, resulting in the death of 13 students, including six minors, and one journalist, and leaving 28 people injured.9 There has not been a large public demonstration since. The excessive force used by the authorities amounted to ill-treatment and even torture in some cases where the injuries inflicted were severe. 28. The legal constraints on the use of force by the National Intelligence Agency are even less clear than for the police (for whom the Inspector General of Police is reviewing a draft code of conduct). The Special Rapporteur requested but did not obtain a copy of the code of conduct of the Agency. Under the Drug Control Act, the National Drug Enforcement Agency has broad powers to protect State security. The statute of the National Drug Enforcement Agency is vague regarding the circumstances and conditions in which it may use force. The testimonies and information received indicate that the National Drug Enforcement Agency, like the National Intelligence Agency, employs in abusive methods. Paramilitary forces 29. The Special Rapporteur received diverse reports and testimonies about the existence of paramilitary groups associated with the security forces and under the direct orders of the President. A secret unit reportedly called the Jungullars (also known as “Junglers” or “Black Blacks”) is associated with reports of arbitrary arrests, detention, torture, enforced disappearances and extrajudicial killings of persons considered to be opposed to the regime, journalists and ordinary civilians. The methods reportedly used to carry out torture and assassinations include the use of hammers, machetes, ropes, nails, pliers and needles, and of injections into the victim’s body. Prevalence of torture 30. In cases where there is a real or perceived threat to national security, there is a corresponding increase of acts of torture and ill-treatment by the National Intelligence Agency during arrest and detention. There is also anecdotal evidence of mistreatment by the police and other law enforcement bodies, which is more of an isolated, sporadic practice. 31. The Special Rapporteur received many testimonies from people who did not want to be identified out of fear either for their own safety or that of their families. He conducted thorough interviews with those people and arranged for their forensic medical examination by an independent forensic expert.10 He found the testimonies to be truthful and consistent with others regarding the practices and methods used. He substantiated those findings with physical evidence presented in a number of cases that were consistent with testimonies of 9 10 Amnesty International letter to the Special Rapporteur, dated 4 August 2014. Forensic medical report submitted to the Special Rapporteur, 28 November 2014. 7