A/HRC/45/CRP.11 firearms with a deliberate lethal intention is only authorized in order to protect life in cases of self-defence or to protect the life of a third person.10 In any other case, it would amount to arbitrary use of force, and, in certain circumstances, could amount to an extrajudicial execution.11 The State is also responsible for violations of the right to life committed by nonState actors operating in support or as agents of State authorities. 12 29. According to international standards, States are expected to take all necessary measures to prevent arbitrary deprivation of life by their law enforcement officials, including soldiers charged with law enforcement tasks.13 These measures include putting in place appropriate legislation regulating the use of lethal force, procedures designed to ensure that law enforcement actions are planned as to minimize the risk they pose to human life, 14 as well as mandatory reporting, review and investigation of lethal incidents. 15 30. Where authorities know or should have known of potentially unlawful deprivations of life, they are obliged to investigate and, where appropriate, prosecute the perpetrators of such incidents, including incidents involving allegations of excessive use of force with lethal consequences.16 These investigations and prosecutions should be undertaken in accordance with relevant international standards, and must be aimed at ensuring that those responsible are brought to justice, including as to explore the legal responsibility of superiors with regard to violations of the right to life committed by their subordinates. 17 An investigation into violations of the right to life should commence ex officio.18 A failure to investigate properly cases of death following the use of force may itself entail a violation of the right to life. 19 31. The unlawful and intentional causing of the death of a human being in the context of a widespread or systematic attack constitutes the crime against humanity of murder. 20 32. The right to life is protected under article 43 of the Venezuela Constitution and violations thereto are criminalized under the Criminal Code (articles 405 and ff.). Enforced Disappearance 33. Venezuela is a party to the Inter-American Convention on Forced Disappearance of Persons. In addition, enforced disappearance is prohibited in article 45 of the Venezuelan Constitution and is criminalized with a penalty between fifteen and twenty-five years of deprivation of liberty.21 34. Under international human rights law, an enforced disappearance occurs when three cumulative elements are combined: the deprivation of liberty against the will of the person; 10 11 12 13 14 15 16 17 18 19 20 21 Principle 9 of the Basic Principles. Extrajudicial executions are a specific form of arbitrary killings, as the deliberate use of lethal force against a person is committed by, at the behest of, or with the acquiescence of public officials outside of any judicial process. (See for instance Report of the detailed findings of the Commission of Inquiry on Human Rights in Eritrea, A/HRC/29/CRP.1, 5 June 2015, para. 1101). In the framework of its mandate, the Mission has investigated acts of extrajudicial executions and other forms of arbitrary deprivation of life. See A/HRC/14/24, paras. 46(a) and (b). See, for instance, Human Rights Committee, General Comment No. 36 (Right to Life), CCPR/C/GC/36, para. 13. Human Rights Committee, General Comment No. 36 (Right to Life), CCPR/C/GC/36, para. 13, citing European Court of Human Rights, McCann and others v. United Kingdom (application No. 18984/91), judgment of 27 September 1995, para. 150. Ibid. Ibid., para. 27. Although not binding per se the 2016 Minnesota Protocol provides useful guidance, available at: https://www.ohchr.org/Documents/Publications/MinnesotaProtocol.pdf. See also Human Rights Committee, General Comment No. 31, CCPR/C/21/Rev.1/Add. 13, para. 18. See Human Rights Committee, General Comment n. 36 (Right to Life), CCPR/C/GC/36, para. 28, citing European Court of Human Rights, Tanrikulu v. Turkey (application No. 23763/94), judgment of 8 July 1999, para. 103. A/HRC/26/36, para. 79. See also Kaya v. Turkey, European Court of Human Rights, application No. 22729/93 (19 February 1998) paras. 86-92. Rome Statute of the International Criminal Court, art. 7(1)(a) 1999 Constitution, art. 45 and Criminal Code, art. 180-A. 7