A/HRC/26/36
provision on the use of force. It was ordered that the State must, within a reasonable time,
adapt its domestic law, incorporating the international standards on the use of force by law
enforcement agents.
50.
The Basic Principles provide that “Governments and law enforcement agencies shall
adopt and implement rules and regulations on the use of force and firearms against persons
by law enforcement officials”20 and that they shall ensure that “arbitrary or abusive use of
force or firearms by law enforcement officials is punished as a criminal offence under
law.”21
51.
States are also required to take reasonable precautions to prevent loss of life,
wherever necessary in legislation or subordinate law. This includes putting in place
appropriate command and control structures; providing for the proper training of law
enforcement officials in the use of force, including less lethal techniques; where possible,
requiring the issuing of a clear warning before using force; and ensuring medical assistance
is available.22 In the specific case of demonstrations, it also arguably entails adhering to the
standards on the facilitation and control of demonstrations to prevent volatile situations
from escalating out of control.
52.
The Basic Principles require that governments and law enforcement agencies
“should develop a range of means as broad as possible and equip law enforcement officials
with various types of weapons and ammunition that would allow for a differentiated use of
force and firearms… For the same purpose, it should also be possible for law enforcement
officials to be equipped with self-defensive equipment.”23 The point is thus not merely that
it should be used if available (as is required by necessity), but that such equipment will be
made available in the first place. States shall also ensure that “all law enforcement officials
are provided with training and are tested in accordance with appropriate proficiency
standards in the use of force”.24
53.
An increasing body of knowledge is available on how crowds can be handled in
ways that can defuse as opposed to escalate the tension,25 and it is the responsibility of the
commanding leadership of law enforcement to ensure that this knowledge is used in the
planning, preparation and concrete policing of assemblies. Failure to take note of such
information and repeating the mistakes of the past with deadly consequences run contrary
to the duty to protect life, and would have to be considered a failure in command
responsibility. Indeed, making sure that domestic law complies with the international
standards on the use of force (and, arguably, human rights standards in general) is an
important preventative measure.
54.
Human rights law recognizes that, in times of public emergency, States may within
specified limits take measures derogating from their obligations under international human
rights treaties.26 While certain rights may be restricted or suspended during times of public
emergency, the right to life is non-derogable and must be respected, even during such
times.27
20
21
22
23
24
25
26
27
Principle 1 and Principle 11.
Principle 7.
See Melzer (footnote 19), p. 203.
Principle 2.
Principle 19. Also Principles 18 and 20.
A/HRC/17/28, pp. 17-18.
International Covenant on Civil and Political Rights, art. 4; American Convention on Human Rights,
art. 27; Arab Charter on Human Rights, art. 4; European Convention on Human Rights, art. 15.
Human Rights Committee General Comment No. 29 (2001) and Basic Principle 8.
9
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