12 Resource book on the use of force and firearms in law enforcement The Human Rights Committee has stated that the aim of this absolute prohibition is to protect both the inherent dignity of the human person and his or her physical and mental integrity.26 The prohibition of torture and other forms of ill-treatment is widely accepted as forming part of customary international law, binding on all States.27 As stated by the Human Rights Committee, States must take all necessary and reasonable steps to protect those under their jurisdiction against acts of torture and ill-treatment, whether inflicted by people acting in their official capacity, outside their official capacity or in a private capacity.28 They must also actively inform their populations, and in particular law enforcement personnel about the prohibition of torture and ill-treatment.29 The use of force and firearms in law enforcement could, depending on the circumstances, amount to torture or other forms of ill-treatment. Article 1 of the Convention against Torture clarifies that pain and suffering that arise only from or that are inherent in or incidental to lawful sanctions do not constitute torture. The use of force that results in severe pain and suffering which, in the particular circumstances of the case, is considered excessive, unjustifiable or disproportionate, would amount to a form of ill-treatment.30 Thus, the use of force by law enforcement officers, both when the subject is under their direct control (arrest, detention) and in cases of incident control (during riot control) may amount to torture (if the use of force is unlawful, and falls under the definition of torture) or cruel, inhuman, and degrading treatment (if the lawful use of force is excessive, disproportionate and unjustifiable).31 Right to liberty and security of person Another core human right is the right to liberty and security of person.32 While liberty of persons concerns freedom from confinement of the body (not general freedom of action), security of person concerns freedom from injury to the body and the mind, or bodily and mental integrity.33 The Human Rights Committee has explained that “the right to security of person protects individuals against intentional infliction of bodily or mental injury, regardless of whether the victim is detained or non-detained”, which includes an obligation to prevent and redress unjustifiable use of force in law enforcement.34 As such, this right is to be read in conjunction with article 7 (prohibition of torture and other forms of ill-treatment) and article 10(1) of the ICCPR, which state that “all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person”. See Human Rights Committee, General Comment No. 20, article 7, para. 2. See Questions Relating to the Obligation to Prosecute or Extradite (Belgium v. Senegal), Judgment of 20 July 2012, ICJ Reports 2012, para. 99. 28  See Human Rights Committee, General Comment No. 20, article 7, para. 2. 29  See CAT, article 16; Human Rights Committee, General Comment No. 20, article 7, para. 10. The Human Rights Committee particularly stressed the importance of disseminating such information to “enforcement personnel, medical personnel, police officers and any other persons involved in the custody or treatment of any individual subjected to any form of arrest, detention or imprisonment” and that such persons must receive appropriate instruction and training to ensure that they do not violate the prohibition of torture and other cruel, inhuman or degrading treatment while exercising their functions. 30  Reports of the Committee Against Torture, see: A/52/44(1997), A/54/44 (1999), A/56/44 (2001), all available from: http://www.ohchr.org/en/hrbodies/cat/pages/catindex.aspx. The European Court of Human Rights also has stated in several cases, including Rehbock v. Slovenia and Ivan Vasilev v. Bulgaria that “unjustified” and “excessive” use of force by law enforcement officers during apprehension, arrest or detention of a suspect is considered a violation of article 3 of the European Convention of Human Rights. See also M. Novak, “What Practices Constitute Torture? US and UN Standards”, Human Rights Quarterly 28 (2006), pp. 809-841. 31  For further details see OHCHR, Human Rights and Law Enforcement, A Manual on Human Rights Training for Law Enforcement Officials, 2017, chapter 5. 32  See UDHR, articles 3, 9-11; ICCPR, article 9. 33  See Human Rights Committee, General Comment No 35, article 9, para. 3. 34  See Human Rights Committee, General Comment No 35, article 9, para. 9. 26  27