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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