Omega Research Foundation
overwhelmed.27 The response went on to state that, while it may be possible to interpret the
Resolution as permitting the use of firearms against peaceful protesters, any such
interpretation would be erroneous.28
Given the possibility of differing interpretations of Resolution 008610, clear operational
guidelines, training and accountability mechanisms are of paramount importance. The
resolution stipulated that the Ministry of Popular Power for Defence would give instructions
by April 2015 for the creation of a manual to be followed by members of the armed forces
policing public gatherings. There is no evidence of any such manual online and the Ministry
of Popular Power for Defence has not responded to a request for the manual sent by Omega.
4) Paraguay: The National Anti-Drug Ministry and the principle of legality
The National Anti-Drug Ministry (SENAD) was created to coordinate ‘actions between
government agencies and non-governmental organizations working on programs to combat
drug trafficking and drug addiction’.29 According to the Paraguayan National Preventive
Mechanism (NPM), there is no legal basis for SENAD to use force or to engage in activities
other than those aimed at tackling drug trafficking and drug addiction.30
Nonetheless, SENAD engages in a wide range of activities which inherently involve the use of
force, including carrying out arrests, searching residences and individuals, placing people in
custody in their own branches, participating in counter-insurgency operations and patrolling
‘red zones’.31 The NPM reports that SENAD has been responsible for arbitrary detention of
adults and minors, ill-treatment, the illegal interrogation of suspects, disproportionate use of
force and acting with ‘unusual violence’.32
The use of force in the name of the state must be founded upon a clear legal framework
which complies with international human rights standards, including effective accountability
mechanisms so as not to arbitrarily affect those who wish to exercise many other rights and
freedoms.33 If the Paraguayan State considers that SENAD must use force in order to carry
out its mandate, an appropriate legal framework should be put in place granting
constitutionality and normative legitimacy to SENAD’s activities.
27
Response of the Permanent Mission of the Bolivarian Republic of Venezuela before the Office of the United
Nations and International Organisms in Geneva,
https://spdb.ohchr.org/hrdb/29th/Venezuela_22.04.15_%281.2015%29.pdf> [accessed 31 May 2016], p. 5.
28
Ibid. pp. 14-15.
29
Ley No. 108/1991, Que Crea la Secretaría Nacional Antidroga (SENAD).
30
Mecanismo Nacional de Prevención, SENAD: Poder de policía y afectación de derechos individuales, Informe
Especial No. 2/2014, pp. 37-43.
31
Ibid. p. 4.
32
Ibid. pp. 22-27.
33
Annual Report of Christof Heyns, note 13, paras. 26-27.
12
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