the final decision on the use of lethal force is made. The potential taking of
life (that of Beavan Tatenda Kazangachire and Munyaradzi Never Chitsenga)
is placed on one side of the scale, and, since the right to life is at stake, only
the protection of life (that of the police officials) will carry any weight, on the
other.
117.
From the facts of this Complaint, it is clear that police fired gun shots at
Mr Noah Kazingachire‟s car leading to the death of Beavan Kazingachire.
AC
HP
R
According to the Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials, firearms may be used only in “self-defence or in the
defence of others against the imminent threat of death or serious injury.”19It is
also clear and not in dispute that the lives of the police officers who fired the
gun shots were not threatened in any way at the time lethal force was used.
As stated above, it is not the fact that someone suspected of having
committed a crime stands to be arrested as such that justifies the use of
firearms but rather the immediate danger that this person poses to life. Mr
Noah Kazingachire did not pose any immediate danger to life.
118.
Regarding Munyaradzi Never Chitsenga‟s case, it is not in dispute that he
resisted arrest by fleeing from the police. It is also not in dispute that the
police officer shot him in the head at point blank range after being
apprehended the second time. According to the Respondent State‟s
submissions, Munyaradzi Never Chitsenga was driving a car when he was
signaled to stop by police officers. Instead of stopping, the car sped off and a
chase then ensured. Munyaradzi Never Chitsengan was eventually caught.
He was then handcuffed and placed in a police car. The Respondent submits
that somehow he managed to escape and started to run away. He was then
shot and killed
19
Principle 9
32