Omega Research Foundation American Court of Human Rights (IACtHR), this includes education and training ‘on principles and provisions of human rights protection and regarding the limits to which the use of weapons by law enforcement officials is subject, even in a state of emergency’.11 In addition, law enforcement officials and their superiors must be held accountable for the unlawful use of force, including under criminal law.12 To summarise, IHRL stipulates that any use of force must be legal, necessary, proportionate and accountable.13 Improved training of law enforcement officers on using force in line with international human rights standards, as well as robust accountability mechanisms, should be introduced to help end impunity for abuses carried out. This could increase the general public’s trust in law enforcement institutions. Protection of Persons Deprived of Liberty While the BPUFF provide general guidelines on the use of force, as well as on the policing of ‘unlawful assemblies’ and persons in custody or detention, instruments focusing solely on one specific environment have also been developed. The Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas was adopted by the Inter-American Commission on Human Rights (IACHR) in 2008 and the criteria for the use of force and weapons in places of detention are based on human rights principles. This is an example of human rights protections established in a regional instrument going beyond the universal equivalent, i.e. the Nelson Mandela Rules. Principle XXIII states: […] 2. Criteria for the use of force and weapons The personnel of places of deprivation of liberty shall not use force and other coercive means, save exceptionally and proportionally, in serious, urgent and necessary cases as a last resort after having previously exhausted all other options, and for the time and to the extent strictly necessary in order to ensure security, internal order, the protection of the fundamental rights of persons deprived of liberty, the personnel, or the visitors. The personnel shall be forbidden to use firearms or other lethal weapons inside places of deprivation of liberty, except when strictly unavoidable in order to protect the lives of persons. In all circumstances, the use of force and of firearms, or any other means used to counteract violence or emergencies, shall be subject to the supervision of the competent authority. The BPUFF require states to adopt and implement rules and regulations on the use of force and firearms by law enforcement officials.14 Although the existence of such rules is no guarantee against abusive conduct by law enforcement officials, they are important for a number of reasons: 11 Inter-American Court of Human Rights, Caracazo v Venezuela (Series C No. 95), 2002, para. 127. UN BPUFF, note 4, Principles 7 & 24. 13 See Annual Report of Christof Heyns, Special Rapporteur on extrajudicial executions, 2014, UN Doc. A/HRC/26/36; Amnesty International, Use of Force Report, note 6. 14 UN BPUFF, note 4, Principle 1. 12 8

Select target paragraph3