86. The Respondent States also notes Section 42 of the Criminal Procedure and Evidence Act, [Chapter 9:07] provides that: “(1) If any person who is authorized or required under this Act or any other enactment to arrest or assist in arresting another person attempts to make the arrest and the person whose arrest is attempted - AC HP R (a) resists the attempt and cannot be arrested without the use of force; or (b) flees when it is clear that an attempt to arrest him is being made or resists the attempt and flees; the person attempting the arrest may, in order to effect the arrest, use such force as is reasonably justifiable in the circumstances of the case to overcome the resistance or to prevent the person concerned from escaping. (2) Where a person whose arrest is attempted is killed as a result of the use of reasonably justifiable force in terms of subsection (1) the killings shall be lawful if the person was to have been arrested on the ground that he was committing or had committed, or was suspected on reasonable grounds of committing or having committed an offence referred to in the First Schedule.” 87. At the international level, the Respondent State makes reference to the United Nations Basic Principles on the Use of Force and Fire Arms by Law Enforcement Officials adopted on 7 September 1990. It notes: Paragraph 9 “…intentional use of firearms may only be made when strictly unavoidable in order to protect life.” Paragraph 10 “…law enforcement officials shall identify themselves as such and shall give a clear warning of their intent to use firearms, with sufficient time for the warnings to be observed, unless to do so would unduly place the law enforcement officials at risk or would create a risk of death or serious harm to other persons, or would be clearly inappropriate or pointless in the circumstances of the incident.” Paragraph 22 “Governments and law enforcement agencies shall ensure that an effective review process is available and that independent administrative or prosecutorial authorities are in a position to exercise jurisdiction in appropriate circumstances.” 22