A/72/178 equipment such as shields, helmets, bulletproof vests and bulletproof means of transportation. 17 Moreover, law enforcement officials must constantly re-evaluate the situation with a view to avoiding unnecessary or excessive use of force. Whenever the use of force becomes unavoidable, law enforcement officials must ensure that assistance and medical aid is provided to any injured or affec ted persons at the earliest possible moment. 18 14. In practice, the required standard of precaution does not impose an unrealistic burden but always relates to what is reasonably possible in the circumstances. E. Policing of assemblies 15. Applying the principles of legality, necessity, proportionality and precaution to the particular context of policing assemblies, any decision to forcibly disperse a peaceful assembly or protest must be taken with due regard to the freedoms of assembly and of expression. In particular, article 21 of the International Covenant on Civil and Political Rights provides that “no restrictions may be placed on the exercise of [the right to peaceful assembly] other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others”. Moreover, it must be emphasized that individuals cannot lose their protection against torture and other cruel, inhuman or degrading treatment or punishment under any circumstances whatsoever, including in the context of violent riots or unlawful protests. 19 F. Application in custodial settings 16. It should be noted that the above-mentioned principles govern the use of force, not only in extra-custodial settings, but also where riots, unrest or other violent incidents occur within places of detention. 20 Depending on the circumstances, they may also be relevant in determining the permissibility of invasive health and security procedures, such as the taking of bodily samples or a strip search. 21 In their relations with persons deprived of their liberty, law enforcement officials may not use force, except when strictly necessary for the maintenance of security and order within the institution or when personal safety is threatened, and they may not use firearms, except in self-defence or in the defence of others against the immediate threat of death or serious injury or when strictly necessary to prevent the escape of an inmate presenting a threat of death or serious injury. __________________ 17 18 19 20 21 8/24 Ibid., principles 2 and 18-20. See also Inter-American Court of Human Rights, Nadege Dorzema et al. v. Dominican Republic, Judgment of 24 October 2012, para. 85. Ibid., principle 5 (c). Ibid., principles 12-14. See also A/HRC/31/66, paras. 18-27 and 60-63; A/HRC/17/28, para. 42; Organization for Security and Cooperation in Europe (OSCE) Office fo r Democratic Institutions and Human Rights, Human Rights Handbook on Policing Assemblies (Warsaw, 2016); OSCE Office for Democratic Institutions and Human Rights, Guidelines on Freedom of Peaceful Assembly (Warsaw, 2007); and Ralph Crawshaw, Stuart Cullen and Tom Williamson, Human Rights and Policing, 2nd revised ed. (Leiden, Martinus Nijhoff 2006), part II, chap. 4. Basic Principles, principles 15-17, and United Nations Standard Minimum Rules for the Treatment of Prisoners (the Mandela Rules), rule 82 (1). See, on this dimension of article 3 of the European Convention on Human Rights, Nelson Mavronicola, “Crime, punishment and article 3 ECHR: puzzles and prospects of applying an absolute right in a penal context”, Human Rights Law Review, vol. 15, No. 4 (December 2015), p. 721. 17-12326