function, including police, gendarmerie, military or private
security personnel – is to protect the safety of the public. The
State must take all reasonable precautionary steps to protect life
and prevent excessive use of force by its agents, including but
not limited to the provision of appropriate equipment and
training as well as, wherever possible, careful planning of
individual operations. States must adopt a clear legislative
framework for the use of force by law-enforcement and other
actors that complies with international standards, including the
principles of necessity and proportionality. Force may be used
in law enforcement only in order to stop an imminent threat.
The intentional lethal use of force by law enforcement officials
and others is prohibited unless it is strictly unavoidable in order
to protect life (making it proportionate) and all other means are
insufficient to achieve that objective (making it necessary).
(28) The right to assemble and to demonstrate is integral to
democracy and human rights. Even if acts of violence occur
during such events participants retain their rights to bodily
integrity and other rights and force may not be used except in
accordance with the principles of necessity and proportionality.
Firearms may never be used simply to disperse an assembly
(29) Members of the armed forces can only be used for law
enforcement in exceptional circumstances and where strictly
necessary. Where this takes place all such personnel must
receive appropriate instructions, equipment and thorough
training on the human rights legal framework that applies in
such circumstances.
(30) Particular attention should be paid to ensuring the availability
and use of weapons less likely to cause death or serious injury
than are firearms. However such weapons should not be abused
– they can also cause death or serious injury. Special training
concerning the use of such weapons should be provided.
(31) Where advanced technology is employed, law enforcement
officials must remain personally in control of the actual delivery
or release of force, in a manner capable of ensuring respect for
the rights of any particular individual, as well as the general
public.
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