12
3.11 States should ensure, including through an internal periodic review, that
lessons learned from situations where the exercise of human rights has been
negatively affected by the use of less-lethal weapons or related equipment
are fully reflected in policies, procedures and training.44
3.12 Victims of the unlawful use of force by law enforcement officials shall have
the right to an effective remedy.45 Forms of remedy include compensation,
guarantees of non-repetition, rehabilitation, reparation, restitution and
satisfaction. The right of victims to participate in any investigation should be
respected.
3.13 Accountability for the unlawful use of force by law enforcement officials is
supported by United Nations human rights mechanisms, such as the treaty
bodies and the special procedures of the Human Rights Council. In the
absence of State compliance, accountability may be ensured or promoted
by international judicial mechanisms, such as regional human rights courts
or international criminal tribunals, and, in exceptional circumstances, by
the International Criminal Court. Accountability for the unlawful use of
force in law enforcement contexts has also been promoted by international
commissions of inquiry and fact-finding missions, and in country and
thematic reports of the Office of the United Nations High Commissioner for
Human Rights (OHCHR).
OHCHR, Human Rights and Law Enforcement: A Manual on Human Rights Training for Law
Enforcement Officials, chap. 19.
45
Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of
Gross Violations of International Human Rights Law and Serious Violations of International
Humanitarian Law, adopted by the General Assembly in its resolution 60/147 on 16 December
2005; Human Rights Committee, general comment No. 31 (2004) on the nature of the general
legal obligation imposed on States parties to the Covenant, para. 15.
44
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