and sport; medical services; and treatment of mentally ill prisoners. They regulate disciplinary
and complaints systems, the use of instruments of restraint and the transport of detainees.
In particular, cruel, inhuman or degrading punishments, including corporal punishment, are
prohibited as punishments for disciplinary offences.
Code of Conduct for Law Enforcement Officials (1979) 315
This Code of Conduct is also of direct relevance to the right to life. The term “law enforcement officials“ is widely interpreted as including all officers of the law who exercise police
powers, especially powers of arrest and detention.
Under the Code, firearms should be used only in the event of armed resistance or jeopardy to
the lives of others and only where less extreme measures are not sufficient to apprehend the
suspect. Law-enforcement officials should fully protect the health of persons in their custody
and take immediate action to secure medical attention when required.
Basic Principles on the Use of Force and Firearms by Law Enforcement Officials
(1990) 316
These Principles address the lawful use of force and firearms, the policing of unlawful assemblies and of persons in custody or detention, and reporting and review procedures concerning the use of force and firearms in the line of duty.
Arbitrary or abusive use of force and firearms by law-enforcement officials should be punished as a criminal offence under domestic law. From the operational perspective of counterterrorism strategies, exceptional circumstances such as internal political instability or any
other public emergency may not be invoked to justify any departure from the principles.
In keeping with the right to life, force and firearms may be used only if other means remain
ineffective or without any promise of achieving the intended result. Law-enforcement officials should act in proportion to the seriousness of the offence and the legitimate object to be
achieved. Damage and injury should be minimized, medical assistance rendered to injured
persons, and relatives or close friends informed at the earliest possible moment.
Principles of Medical Ethics relevant to the Role of Health Personnel, Particularly
Physicians, in the Protection of Prisoners and Detainees against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (1982) 317
The preamble of these Principles expresses alarm “that not infrequently members of the medical profession or other health personnel are engaged in activities which are difficult to reconcile with medical ethics”. Health personnel have a duty to protect the physical and mental
health of prisoners and detainees and to provide medical treatment of the same quality and
standard as is afforded to those who are not detained. Active or passive participation in or
315 Adopted by UN General Assembly resolution 34/169 of 17 December 1979.
316 Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana (Cuba), 27 August-7 September 1990.
317 Adopted by UN General Assembly resolution 37/194 of 18 December 1982. These Principles should be read alongside guidance from the World Medical Association, the global representative body for physicians (http://www.wma.
net/e/index.htm).
Countering Terrorism, Protecting Human Rights
117
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