46 Resource book on the use of force and firearms in law enforcement shall be no defence if law enforcement officials knew that an order to use force and firearms resulting in the death or serious injury of a person was manifestly unlawful and had a reasonable opportunity to refuse to follow it. In any case, responsibility also rests on the superiors who gave the unlawful orders”. The domestic legal system should allow law enforcement officials to resist unlawful orders and laws and regulations should not provide for an absolute duty of obedience. The law should clarify that law enforcement officials are entitled and, under certain circumstances, even obliged to refuse to comply with manifestly unlawful orders, and refusal to follow such orders shall not result in either disciplinary or criminal repercussions.117 These measures should be complemented by constitutional or legal assurances to allow law enforcement officials to resist an unlawful order. Appropriate complaints and oversight mechanisms (and a functioning justice system) are also needed, to ensure accountability for superiors and others (e.g. politicians) who give unlawful orders.118 According to the Convention against Torture “an order from a superior officer or a public authority may not be invoked as a justification of torture”. The principle that obeying an unlawful order does not exempt a law enforcement official from criminal and other forms of liability is also reflected in other international instruments. 119 EXAMPLES OF NATIONAL LEGISLATION In the Regulation of the Chief of the Indonesian National Police, article 57 prohibits every police official “to exploit their subordinates or order them to conduct acts for personal interest and outside of their authority”. Also, the police official is “responsible for every consequence of their orders”, which may include “criminal and administration responsibilities”.a In Guatemala, the Constitution provides in its article 156 that orders which are clearly illegal or imply the commission of a crime are not obligatory to follow for any functionary or public servant, be it a military or civilian. a See Regulation of the Chief of the Indonesian National Police (INP), article 57(6) and (7). It is good practice to establish clear guidance for law enforcement officials in case they are confronted with orders that they suspect to be unlawful,120 and to train recruits in dealing with such situations during of their basic training.121 Recruits should discuss examples of unlawful orders in common day-to-day situations, including orders to torture, to beat someone who has submitted to authority, or to collect bribes, that can prepare them for actual operational situations. 117  See BPUFF, principles 25-26; Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions, principles 3 and 19. 118  See part V on Accountability for the use of force and firearms in law enforcement. 119  See CAT (2)(3); Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions, principle 19. 120  See, for example, the Albanian Law on the State Police (No. 108/2014), article 86. 121  See Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions, principle 3.