79
prisoners, and wounding 52. Another 28 were described as disappeared. Moreover, the
State did not ensure the timely medical care needed to treat those inmates wounded in
this security operation.
231.
The Montero Aranguren et al (Detention Center of Catia) v. Venezuela
case is vital in the development of Inter‐American Court jurisprudence on the use of force
by members of security forces. In its analysis, the Court took into consideration its own
precedents, as well as the Universal human rights system and European human rights
system standards and established the following: 268
(a)
States must adopt all necessary measures to create a legal framework
that deters any possible threat to the right to life; to establish an
effective legal system to investigate, punish, and redress deprivation of
life by State officials or private individuals. Especially, States must see
that their security forces, which are entitled to use legitimate force,
respect the right of life of the people under their jurisdiction.
(b)
The use of force by governmental security forces must be grounded on
the existence of exceptional circumstances and should be planned and
proportionally limited by the government authorities. In this aspect, […]
force or coercive means can only be used once all other methods of
control have been exhausted and failed. The use of firearms and lethal
force against people by law enforcement officers ‐which must be
generally forbidden‐ is only justified in even more extraordinary cases.
The exceptional circumstances under which firearms and lethal force may
be used shall be determined by the law and restrictively construed, so
that they are used to the minimum extent possible in all cases, but never
exceeding that use "absolutely necessary" in relation to the force or
threat to be repealed.
(c)
Domestic law must establish standards clear enough to regulate the use
of lethal force and firearms by members of the State security forces. 269
(d)
States must educate and train the members of their armed forces and
security agencies pursuant to the principles and provisions on protection
268
I/A Court H. R., Case of Montero Aranguren et al. (Detention Center of Catia) V. Venezuela.
Judgment of July 5, 2006. Series C No. 150, paras. 61‐84.
269
At this point the Inter‐American Court held, following the Principles on the Use of Force and
Firearms by Law Enforcement Officials Enforcing the Law, this regulation should include guidelines that: a) specify
the circumstances in which such officers would be authorized to carry firearms and prescribe the types of firearms
and ammunition permitted; b) ensure that firearms are used only in appropriate circumstances and in a manner
that diminishes the risk of unnecessary harm; c) prohibit the use of firearms and ammunition that cause
unwarranted injury or present an unwarranted risk; d) regulate the control, storage and distribution of firearms,
including procedures to ensure that officials responsible for enforcing the law are accountable for the weapons
firearms or ammunition issued to them; e) provide the corresponding warnings, if appropriate, when a firearm is
to be used, f) establish a reporting system where law enforcement officials resort to the use of firearms in the
performance of their duties.
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