be followed subsequent to the use of such force (providing medical assistance
and submitting a report).18
113.
Principle 5 contains provisions requiring that restraint must be exercised
so that force is limited to the minimum. Force is to be used as a last resort and
the force used must be within the bounds of necessity and proportionality.
Principle 7 provides that: “Governments shall ensure that arbitrary or abusive
use of force and firearms by law enforcement officials is punished as a
114.
AC
HP
R
criminal offence under their law.”
Principle 9 states unequivocally that firearms may be used only in “self-
defence or in the defence of others against the imminent threat of death or
serious injury”.
115.
The immediate questions that the African Commission needs to address
itself to are: whether the use of force by the law enforcement officials of the
Respondent State leading to the death of Beavan Tatenda Kazangachire and
Munyaradzi Never Chitsenga is proportional and necessary? Did the
deceased persons offered armed resistance or otherwise jeopardized the lives
of others? Were less extreme measures by the law enforcement officials not
sufficient to restrain or apprehend the deceased persons? Was the use of
firearms motivated by a situation of “self-defence of the law enforcement
officials effecting the arrest or in the defence of other citizens against the
imminent threat of death or serious injury”?
116.
Proportionality requires that the rights of the person threatened (police
officers in this case) are measured against those of the deceased persons
(Beavan Tatenda Kazangachire and Munyaradzi Never Chitsenga) in an
objective way, in the light of the prevailing circumstances at the time when
18
Principle 6
31