A/HRC/13/39/Add.5 deliberately inflicts severe pain or suffering on a powerless victim for a specific purpose, such as extracting a confession or information. Cruel and inhuman treatment, on the other hand, means the infliction of severe pain or suffering without purpose or intention and outside a situation where a person is under the de facto control of another. It follows that one may distinguish between justifiable and non-justifiable treatment causing severe suffering. Examples where the causing of severe suffering may be justifiable are the lawful use of force by the police in the exercise of law enforcement policies (e.g. arrest of a criminal suspect, dissolution of a violent demonstration) and by the military in an armed conflict. In such situations, the principle of proportionality has to be strictly observed. If the use of force is not necessary and, in the particular circumstances of the case, disproportional to the purpose achieved, it amounts to cruel or inhuman treatment. In a situation where a person is under the de facto control of another and thus powerless, the test of proportionality is no longer applicable. Other situations which may amount to CIDT are particularly severe conditions of detention, domestic violence, female genital mutilation and trafficking in human beings. B. Excessive use of force by law enforcement bodies 189. Upon my fact-finding missions I have received numerous worrying allegations of excessive use of force by police authorities outside of the context of detention. As stated above, this may amount to CIDT if it does not meet the test of proportionality.128 190. In many countries it is unfortunately not uncommon for police officers to resort to excessively brutal force when apprehending a criminal suspect. Effective methods of recording and monitoring the arrest are often absent, allowing the police to handle suspects at will and giving them a high chance to escape accountability for official misconduct. Particularly disturbing examples have been witnessed in Nigeria where persons suspected of armed robbery were often shot in the legs or feet, a practice that often even amounted to torture. Excessive police force is especially prevalent during large-scale police operations such as raids. In such situations innocent persons also run a risk of becoming victims of cruel and inhuman treatment. During my fact-finding mission to Indonesia, I received consistent and credible allegations about the use of excessive force by mobile paramilitary units in West Papua that routinely conducted largely indiscriminate village “sweeping” operations, while searching for alleged independence activists or raids on university boarding houses.129 191. Most cases of excessive police violence occur during demonstrations or public turmoil. Over the past years I received a large number of consistent and credible allegations of excessive force used by police, security and military officers from countries such as Azerbaijan, Bahrain, Cambodia, China, Egypt, Georgia, India, Indonesia, Iran, Kenya, Moldova, Myanmar, Nepal, Pakistan, Paraguay, the Philippines, the Russian Federation, Uzbekistan, Sudan, Turkey and Zimbabwe.130 In many of those cases, people were peacefully exercising their right to assembly when police or security officers violently dispersed the demonstration by beatings, the use of pepper and tear gas, sound bombs, water cannons, rubber bullets or firearms indiscriminately fired on the masses. This has all too often led to persons getting severely injured or killed. A particularly concerning example of excessive and indiscriminate violence against protesters occurred in Andijan, 128 129 130 This was confirmed by the Committee against Torture that has considered cases of excessive use of force in dissolving riots or demonstrations as a violation of article 16 CAT, A/52/44, para. 182; A/54/44, para 76 (g); A/56/44, paras. 58 (a), 95(i), 113(c). A/HRC/7/3/Add.7, para. 39. E/CN.4/2006/6/Add.1; A/HRC/4/33/Add.1; A/HRC/7/3/Add.1; A/HRC/10/44/Add.4. 51