guarantee,111 and regarding the use of force,112 in order to rule on the alleged violation of
the said rights.
78.
Thus, the Court takes note of the different international instruments on this matter
and, in particular, the Basic Principles on the Use of Force and Firearms by Law Enforcement
Officials and the Code of Conduct for Law Enforcement Officials113 (hereinafter “Principles on
the Use of Force” and “Code of Conduct,” respectively). On this basis, it considers that,
when analyzing the use of force by State agents, three fundamental moments must be
considered:114 (a) preventive actions, (b) actions accompanying the events, and (c) actions
subsequent to the events.
1. Preventive actions: legality and exceptionality of the use of force in
relation to the obligation of guarantee
79. The facts of the case and the evidence provided in the proceedings before the Court
reveal that, at the time of the events, Dominican Republic had no legislation establishing the
parameters for the use of force by State agents. Thus, during the public hearing, the Court
asked the State to forward the regulations on the use of force and firearms by the Police and
the Army or whoever exercised functions of migratory control on the border, in addition to
the action protocols and procedures for border incidents, and legally authorized equipment.
The Court also asked the State to provide the rules together with information on the training
and practices of the Dominican armed forces in relation to the use of force and firearms. 115
In this regard, the State forwarded some documents supposedly on the use of force and
firearms, from which it cannot be inferred that there was an adequate regulatory framework
on the issue at the time of the incident and even today. 116
80. This Court has previously established that the State has an obligation to adapt its
domestic legislation and “to ensure that its security forces, which are entitled to use
legitimate force, respect the right to life of those who are under its jurisdiction.”117 The State
must be clear when defining domestic policies on the use of force and pursue strategies to
implement the Principles on the Use of Force and the Code of Conduct.118 Thus, agents
should be provided with different types of weapons, ammunition, and protective equipment
that enable them to adapt the elements used in their reaction proportionately to the
incidents in which they have to intervene, restricting the use of lethal weapons that can
cause injury or death as much as possible.119
111
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits. Judgment of November
19, 1999. Series C No. 63, para. 144, and Case of Uzcátegui et al. v. Venezuela, supra, para. 132
112
Cf. Case of Zambrano Vélez et al. v. Ecuador. Merits, reparations and costs. Judgment of July 4, 2007.
Series C No. 166, paras. 67 and ff., and Case of Uzcátegui et al. v. Venezuela, supra, para. 132.
113
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 held in La Havana, Cuba, from
17 August to 7 September 1990; Code of Conduct for Law Enforcement Officials, approved by the General Assembly
of the United Nations by Resolution 34/169, of 17 December 1979.
114
to 8.
115
Cf. Principles on the Use of Force. Principles No. 5, 6, 7, 11(f), 22 and 23, and Code of Conduct. Articles 1
Cf. Public hearing of this case held on June 21, 2012, supra.
116
Law creating the Code of Justice of the Armed Forces, No. 3483, published in the Gaceta Oficial of March 6,
1953 (file of annexes to the State’s final arguments, tome VII, folio 4054 to 4107) and Military Regulations of the
Armed Forces (file of annexes to the State’s final arguments, tome VII, folio 3927 to 3954).
117
Cf. Case of Montero Aranguren et al. (Reten de Catia) v. Venezuela. Merits, reparations and costs.
Judgment of July 5, 2006. Series C No. 150, para. 66, and Case of the Barrios Family v. Venezuela, supra, para. 49.
118
Cf. Case of Montero Aranguren et al., (Reten de Catia) v. Venezuela, supra, para. 75, and Case of the
Barrios Family v. Venezuela, supra, para. 49.
119
Cf. Principles on the Use of Force, Principle No. 2.
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