PART I.  SETTING THE BOUNDARIES FOR THE USE OF FORCE IN LAW ENFORCEMENT 1.3.  Key human rights standards related to use of force The rights discussed in this section are all particularly relevant to the use of force by law enforcement officials. The meaning and scope of these rights, as well as how they shall be protected, should be well understood by law enforcement officials. Right to life The use of force and firearms has the potential to infringe on the right to life, which is often described as a right without which all other rights would have no meaning. The right to life is protected by article 3 of the Universal Declaration of Human Rights and article 6(1) of the ICCPR, which provides that: “Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life”.20 The right not to be arbitrarily deprived of life implies that the right to life is not absolute, as indeed some deprivations of life may be non-arbitrary. However, even those exceptional measures leading to deprivations of life which are not arbitrary per se must be applied in a manner which is not arbitrary in fact. Such exceptional measures should be established by law and accompanied by effective institutional safeguards designed to prevent arbitrary deprivations of life. In international law, the right to life includes protection against arbitrary deprivation of life by State security forces.21 The prohibition on arbitrary deprivation of life is absolute and non-derogable, and is a rule of customary international law. The prohibition must be respected at all times: no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of arbitrary deprivation of the right to life.22 The right to life is also reflected in the BPUFF, stating that “law enforcement officials have a vital role in the protection of the right to life, liberty and security of the person”. Principle 9 further provides that the use of lethal force may not be applied in any situation where it is not strictly necessary to save lives. The use of force that results in the death of a subject could therefore, depending on the circumstances, amount to a gross human rights violation. Right to freedom from torture and other forms of ill-treatment The right to be free from torture and any other forms of cruel, inhuman or degrading treatment or punishment (hereafter “torture and other forms of ill-treatment”) is also absolute, meaning that it cannot be restricted under any circumstances, either through limitations or through derogations.23 An order from a superior officer or a public authority may not be invoked as a justification of such acts.24 Moreover, the State must “keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture”.25 20  See ICCPR, article 6(1) ICCPR; UDHR, article 3. However, in a conduct of hostilities context, arbitrary deprivation of life is assessed also by reference to international humanitarian law. 21  Human Rights Committee, General Comment No. 6, article 6 (Right to life), 1982, para. 3. 22  See ICCPR, article 4(3); CAT, article 2(2). 23  This right is reflected in the UDHR, article 5; ICCPR, article 7; CAT, article 2; the European Convention on Human Rights, article 3; African Charter on Human and Peoples’ Rights, article 5; American Convention on Human Rights, article 5.2, as well as in many other international and regional instruments. See also the United Nations Code of Conduct for Law Enforcement Officials, article 5. 24  See CAT, article 2(3). 25  See CAT, article 11. 11