10 shall be mandated to conduct prompt, impartial and effective investigations into the circumstances and causes of such cases. 3.6 The use of force in a custodial setting should be reported immediately to the director of the institution or to an individual of equivalent authority, as appropriate.36 Regardless of the opening of any internal investigation, the prison director shall report to a judicial or other competent authority, without delay, any custodial death, disappearance or serious injury or any incident in which there are reasonable grounds to believe that torture or other cruel, inhuman or degrading treatment or punishment has been committed. This authority shall be independent of the prison administration and mandated to conduct prompt, impartial and effective investigations into the circumstances and causes of such cases.37 3.7 Every law enforcement official is responsible for his or her decisions and actions, including a commander. Each use of force must be justified and justifiable.38 Obedience to a manifestly unlawful order from a superior to use force does not excuse any illegal act.39 Governments and law enforcement agencies shall ensure that no criminal or disciplinary sanction is imposed on a law enforcement official who refuses to carry out an illegal order to use a less-lethal weapon or who reports such illegal orders or such use of force by other officials.40 3.8 Under international human rights law, there is an obligation on the State to investigate all alleged or suspected violations of human rights, in particular the rights to life, and security, and to freedom from torture or other forms of Rule 54 (1), United Nations Standard Minimum Rules for the Treatment of Prisoners (“the Nelson Mandela Rules”), adopted without a vote by the General Assembly in its resolution 70/175 on 17 December 2015. 37 Nelson Mandela Rules, rule 71 (1). 38 See for example US Court of Appeals (Fourth Circuit), Meyers v. Baltimore County, 713 F.3d 723 (2013), pp. 733–34; and UNODC/OHCHR, Resource book on the use of force and firearms in law enforcement, pp. 12, 16 and 78. 39 Basic Principles, principle 26; European Court of Human Rights, Gäfgen v. Germany, Judgment, 1 June 2010, paras. 176, 177. 40 Basic Principles, principle 25. 36