343. In the instant case, the facts are not related to investigation procedures that involve
the exhumation and identification of remains. Consequently, the Court does not find it
necessary to order additional training measures.
4. Other measures of reparation requested
i) Adaptation of domestic law concerning the lethal use of force
344. The Commission asked the Court to order the State to adopt legislative,
administrative or any other measures to investigate with due diligence, and according to the
relevant international standards, the need and proportionality of the lethal use of force by
police officials, so that effective protocols exist that permit the implementation of adequate
mechanisms of control and accountability to deal with the actions of these officials.
345. The representatives asked that Venezuelan domestic law should include provisions in
keeping with the principles on the use of force and of firearms, inter alia, those established
by the Court in the judgment in the case of Montero Aranguren et al. (Retén de Catia).
346. From the norms provided by expert witness Rosario Salas, the Court observes that
the State has established the principles on the use of force in the “Manual de Uso Progresivo
and Diferenciado de la Fuerza Policial” [Manual on Progressive and Differentiated Use of
Force by the Police].421 Furthermore, the law establishes the type of firearms for police use
for the different State police agencies, as well as the type of ammunition, and also nonlethal weapons, and prohibited weapons.422 In addition, Venezuelan laws regulate the
control, storage and distribution of firearms, establish a quarterly accountability
procedure,423 and specify the circumstances in which police agents are authorized to carry
such weapons;424 they establish that they are to be used exceptionally “only in extreme
circumstances, as a reaction to the use of lethal force for personal defense or for […] the
defense of third parties, in the face of unlawful attack and taking into account the principles
of need, opportunity and proportionality,” and establish the warning that must be given
before using the firearm.425 In addition, a reporting system has been created called “Report
for the immediate superior on use of force,”426 which must be prepared, inter alia, when “[a]
police official fires a weapon at any citizen or group of citizens.” In addition, in such cases,
“an immediate investigation shall be conducted by trained personnel” and the official
concerned “shall be assigned administrative tasks until the investigation determines his
421
“Manual on Progressive and Differentiated Use of Force by the Police”, supra note 418.
422
Cf. “Regulations for the acquisition, registration and control of weapons, ammunition, equipment and
accessories for the Police Forces, and the Security Agencies that provide services to the Police,” articles 4 to 7
(merits file, tome VII, folios 1353 and 1354).
423
Cf. Regulations for the acquisition, registration and control of weapons, ammunition, equipment and
accessories for the Police Forces, articles 12 to 37, supra note 422.
424
Cf. Regulations for the acquisition, registration and control of weapons, ammunition, equipment and
accessories for the Police Forces, articles 9 and 40, supra note 422, folios 1354 to 1355; Regulations for the
actions of Police Forces in their different territorial political spheres in order to ensure public order, social peace and
civic co-existence in public meetings and protest demonstrations,” article 21, paragraph 9, and “Manual on
Progressive and Differentiated Use of Force by the Police”, supra note 418, folios 1700 and 1701.
425
“Manual on Progressive and Differentiated Use of Force by the Police”, supra note 418, folios 1685 and
1700.
426
“Manual on Progressive and Differentiated Use of Force by the Police”, supra note 418, folio 1702.
105
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