Article 9 of the UN Basic Principle on the use of force and firearms provides:
“Law enforcement officials shall not use firearms against persons except in selfdefence or defence of others against the imminent threat of death or serious injury,
to prevent the perpetration of a particularly serious crime involving grave threat to
life, to arrest a person presenting such a danger and resisting their authority, or to
prevent his or her escape, and only less extreme means are insufficient to achieve
these objectives. In any event, intentional lethal use of firearms may only be made
when strictly unavoidable in order to protect life.”
In the instant case, the Defendant in response to the Plaintiffs claim admitted that
the police officers had prior information of the Deceased presence in town before
proceeding to arrest him. That upon taking the deceased to the police station, he
jumped down from a moving vehicle and in a bid to stop him from escaping, he was
shot on his leg.
In planning an operation to arrest a suspected criminal who has been on the run, it is
presumed that under normal circumstances the officers proceeding to effect the
arrest will go fully prepared with all the necessary gadgets. Also, where the arrest
has been effected, a reasonable man will think that the officers will bound the suspect
with hand and leg cuffs to retrain movement or any form of escape. It is believed
that these measures were put in place after the Deceased was arrested.
The question still remains, how then did the deceased who was cuffed and bound in
the midst of police officers jump down from a moving vehicle and even run so fast
to necessitate the use of force?
The Defendant justified the use of firearms on the Deceased and referred to the
provisions of Force Order 237 of the rules guiding the use of firearms.
The Court notes that, by virtue of force order 237 of the Rules guiding the use of
firearms a Police officer may use firearms if he cannot by any other means arrest a
person in lawful custody who escapes or takes to flight in order to re-arrest the
person. Section 7 of the said Force Order 237 expressly states that firearms must
only be used as last resort.
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