40
breach of order and peace within the jail, is something the authorities of Venezuela
must determine. In the opinion of this Court, the facts proven show that the security
forces used extreme force with lethal consequences for the life of the 37 inmates of
the Reten de Catia Center identified in this judgment, which clearly violated Article 4
of the American Convention.
74.
In this sense, the State acknowledged that the actions of the security forces
that participated in the abovementioned events were neither proportionate to the
then existing threat or danger, nor the strictly necessary to keep the peace and
order in the Detention Center of Catia.
iii)
Creation of legal framework to regulate the use of force
75.
As stated in paragraph 66 of this Judgment, the States must pass appropriate
legal rules to deter any threat to life. So, domestic law must establish standards
clear enough to regulate the use of lethal force and firearms by members of the
State security forces. Following the “Principles on the Use of Force and Firearms by
the Law Enforcement Officials”. the rules and regulations on the use of firearms by
enforcement officias should include guidelines that: (a) specify the circumstances
under which law enforcement officials are authorized to carry firearms and prescribe
the types of firearms and ammunition permitted; (b) ensure that firearms are used
only in appropriate circumstances and in a manner likely to decrease the risk of
unnecessary harm; (c) prohibit the use of those firearms and ammunition that cause
unwarranted injury or present an unwarranted risk; (d) regulate the control, storage
and issuing of firearms, including procedures for ensuring that law enforcement
officials are accountable for the firearms and ammunition issued to them; (e) provide
for warnings to be given, if appropriate, when firearms are to be discharged; (f)
provide for a system of reporting whenever law enforcement officials use firearms in
the performance of their duty.
76.
Venezuela´s law on the use of force by government authorities, current at the
time of the events subject matter of the instant case, did not include the minimum
specifications it should have included.132 The characteristics of the issues of fact of
the instant case show that the Government armed forces and security agencies were
not properly trained to face public disturbances by using means and methods that do
not violate human rights.
iv)
Education and training of government officials on the use of force
77.
An adequate legislation would not fulfill its goal if, inter alia, the States do no
educate and train the members of their armed forces and security agencies pursuant
to the principles and provisions on protection of human rights and the limits to which
the use of weapons by law enforcement officials is subject, even under a state of
emergency.133 In effect, the European Court of Human Rights held that the matter
132
Cf. Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, supra note
130, Principle 11.
133
Cf. Case of the Caracazo. Reparations (Article 63(1) American Convention on Human Rights)
Judgment of 29 de agosto de 2002. Serie C No. 95, para. 127.
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