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McCANN AND OTHERS v. THE UNITED KINGDOM JUDGMENT
be made by the individual. That decision must be made with a clear knowledge of the
law on the subject and in the light of the conditions prevailing at the time."
III. UNITED NATIONS INSTRUMENTS
138. The United Nations Basic Principles on the Use of Force and
Firearms by Law Enforcement Officials ("UN Force and Firearms
Principles") were adopted on 7 September 1990 by the Eighth United
Nations Congress on the Prevention of Crime and the Treatment of
Offenders.
139. Article 9 of the UN Force and Firearms Principles provides, inter
alia, that "intentional lethal use of firearms may only be made when strictly
unavoidable in order to protect life".
Other relevant provisions provide as follows:
Article 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."
Article 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. In cases of death
and serious injury or other grave consequences, a detailed report shall be sent
promptly to the competent authorities responsible for administrative review and
judicial control."
Article 23
"Persons affected by the use of force and firearms or their legal representatives shall
have access to an independent process, including a judicial process. In the event of the
death of such persons, this provision shall apply to their dependants accordingly."
140. Article 9 of the United Nations Principles on the Effective
Prevention and Investigation of Extra-Legal, Arbitrary and Summary
Executions, adopted on 24 May 1989 by Economic and Social Council
Resolution 1989/65, ("UN Principles on Extra-Legal Executions") provides,
inter alia, that:
"There shall be a thorough, prompt and impartial investigation of all suspected cases
of extra-legal, arbitrary and summary executions, including cases where complaints by
relatives or other reliable reports suggest unnatural death in the above circumstances
..."