E/CN.4/2006/6
page 15
disproportionate. But for the purpose of arresting a person suspected of having committed
murder or a terrorist attack, the police may, of course, use firearms if other less intrusive
methods prove ineffective. Nevertheless, the use of firearms causes serious physical injuries
and severe pain and suffering. While it would definitely constitute an interference with the
human right to physical integrity, as a proportional measure it would not constitute CIDT. If the
police use non-excessive force for a lawful purpose, then even the deliberate infliction of severe
pain or suffering simply does not reach the threshold of CIDT.
3
See, e.g., Burgers and Danelius, op. cit., p. 120; C. Ingelse, The UN Committee Against
Torture: an assessment, London, 2001, p. 211; article 7 (2) (e) of the Rome Statute of the
International Criminal Court.
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