263. The Court had held in this regard that the exceptional circumstances under which
firearms and lethal force may be used shall be determined by the law and restrictively
construed, so that they are used to the minimum extent possible in all cases, but never
exceeding that use "absolutely necessary" in relation to the force or threat to be repelled. 318
264. The American Convention does not provide a catalog of cases or circumstances in which
a death caused by the use of force may be considered justified because it is absolutely
necessary in the circumstances of the specific case; therefore, the Court has drawn on a variety
of international instruments on this subject, particularly the Basic Principles on the Use of Force
and Firearms by Law Enforcement Officials319 and the Code of Conduct for Law Enforcement
Officials320 to provide content to the obligations deriving from Article 4 of the Convention. 321
The Basic Principles on the Use of Force state, “Law enforcement officials shall not use firearms
against persons except in self-defence or defence of others against the imminent threat of
death or serious injury, to prevent the perpetration of a particularly serious crime involving
grave threat to life, to arrest a person presenting such a danger and resisting their authority,
or to prevent his or her escape, and only when less extreme means are insufficient to achieve
these objectives. In any event, intentional lethal use of firearms may only be made when
strictly unavoidable in order to protect life.” 322 Unquestionably, international standards and
this Court’s case law have established that “state agents must distinguish between persons
who, by their actions, constitute an imminent threat of death or serious injury and persons
who do not present such a threat, and use force only against the former.”323
265. In consideration of all this, the Court has stated that ensuring appropriate measures
for action if it should prove essential to use force requires upholding the principles of legality,
absolute necessity and proportionality, in the following terms:324
Legality: the use of force must be targeted at achieving a legitimate goal, within an existing
regulatory framework that guides the form of action in a given situation.325
Absolute necessity: the use of force should be limited to situations in which no other means
exist or are available for safeguarding the life and safety of the person or situation being
protected, depending on the circumstances of the case.326
Cf. Case of Montero Aranguren et al. (Detention Center of Catia) v. Venezuela, supra, para. 68, and Case of
Zambrano Vélez et al. v. Ecuador, supra, para. 84.
318
Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. Adopted by the Eighth United
Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7
September 1990.
319
Code of Conduct for Law Enforcement Officials. Adopted by United Nations General Assembly resolution
34/169 of 17 December 1979.
320
Cf. Case of Montero Aranguren et al. (Detention Center of Catia) v. Venezuela, supra, paras. 68 and 69, and
Case of Nadege Dorzema et al. v. Dominican Republic, supra, paras. 78 and 84.
321
322
Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, Principle No. 9.
323
Case of Zambrano Vélez et al. v. Ecuador, supra, para. 85.
Cf. Case of Nadege Dorzema et al. v. Dominican Republic, supra, para. 85. See also, Case of Landaeta Mejías
Brothers et al. v. Venezuela, supra.
324
325
and 11.
326
Cf. Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, Principles No. 1, 7, 8
Cf. Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, Principle No. 4.