the context of arrest, demonstrations and private defence. Lethal force entails
force that has the potential, and in some cases is certain, to cause death.10
108.
There are several reasons why the use of lethal force by the police, also in
the context of arrest, should be viewed as a matter of the utmost gravity, and
be based on a solid ethical and legal framework. These include the
fundamental nature of the right to life; the irreversible nature of death; the
potential of errors of fact and judgement; the effect on the legitimacy of the
AC
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police and the State; and the trauma suffered by everyone involved when a
life is ended through violence.11
109.
However, in some cases of urgency, law enforcement officials are given
the power by law to use coercive measures and even in exceptional cases to
take life-and-death decisions on the spot. This is the case with section 42 of
the Criminal Procedure and Evidence Act [Chapter 9:07] of the Respondent
State mentioned above. It should be kept in mind that law enforcement
officials have a legal duty to perform their functions. Not giving the police the
proper scope to protect the public and themselves could compromise the
safety of the public as well as members of the police force. A system that is
seen as too protective of the rights of suspects is unlikely to be effective in
practice. The challenge clearly is to find the right balance between overly
permissive and overly restrictive. The starting point is that life should not be
taken by the State, and any action that seeks to fall in the narrow confines of
exceptions to this rule requires strong motivation.12
110.
The authoritative statements of international law that set out the
principles on the use of force by the police are to be found in the Code of
Id, Para 3
Id, Para 9
12 Id, Para 15
10
11
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