- 60 - obligations relating to the use of force by the State.226 The Basic Principles on the Use of Force establish that “[i]n the dispersal of assemblies that are unlawful but non-violent, law enforcement officials shall avoid the use of force or, where that is not practicable, shall restrict such force to the minimum extent necessary,” while “[i]n the dispersal of violent assemblies, law enforcement officials may use firearms only when less dangerous means are not practicable and only to the minimum extent necessary. Law enforcement officials shall not use firearms in such cases, except under the conditions stipulated in principle 9.”227 Thus, the international standards and the case law of this Court have established that “State agents shall make a distinction between individuals who, by their actions, present an imminent threat of death or serious injury and those persons who do not present this threat, and use force only against the former.”228 161. This Court recalls that the use of force entails specific obligations for the States: (i) to regulate adequately its application, with a clear and effective legal framework; (ii) to train and educate its law enforcement personnel on the principles and standards for the protection of human rights, the limits and conditions to which any use of force must be subjected, and (iii) to establish adequate mechanisms to control and verify the legitimacy of the use of force.229 162. Based on the foregoing, the Court has established that, if the use of force is essential, it is necessary to satisfy the principles of legality, absolute necessity and proportionality, as follows: 230 Legality: the use of force must be addressed at achieving a legitimate objective, and a regulatory framework must exist that establishes the guidelines for this situation.231 Absolute necessity: the use of force must be limited to the inexistence or non-availability of other means to protect the life and integrity of the individual or situation that it is intended to protect, depending on the circumstances of the case.232 Proportionality: the means and method used should be proportionate to the resistance offered and the danger that exists.233 Thus, agents must apply a standard of differentiated and progressive use Cf. Case of Montero Aranguren et al. (Retén de Catia) v. Venezuela. Preliminary objection, merits, reparations and costs. Judgment of July 5, 2006. Series C No. 150, paras. 68 and 69, and Case of Cruz Sánchez et al. v. Peru. Preliminary objections, merits, reparations and costs. Judgment of April 17, 2015. Series C No. 292, para. 264. 226 Basic Principles on the Use of Force, Principles No. 13 and 14. Principle 9 establishes that: “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.” 227 Case of Zambrano Vélez et al. v. Ecuador. Merits, reparations and costs. Judgment of July 4, 2007. Series C No. 166, para. 85, and Case of Cruz Sánchez et al. v. Peru. Preliminary objections, merits, reparations and costs. Judgment of April 17, 2015. Series C No. 292, para. 264. 228 Cf. Case of Zambrano Vélez et al. v. Ecuador. Merits, reparations and costs. Judgment of July 4, 2007. Series C No. 166, paras. 85 to 88. 229 Cf. Case of Nadege Dorzema et al. v. Dominican Republic. Merits, reparations and costs. Judgment of October 24, 2012. Series C No. 251, para. 85, and Case of Cruz Sánchez et al. v. Peru. Preliminary objections, merits, reparations and costs. Judgment of April 17, 2015. Series C No. 292, para. 265. Similarly, ECHR, Case of Chumak v. Ukraine, No.44529/09. Judgment of March 6, 2018, para. 40. 230 231 Cf. Basic Principles on the Use of Force, Principles Nos. 1, 7, 8 and 11. 232 Cf. Basic Principles on the Use of Force, Principle No. 4. 233 Cf. Basic Principles on the Use of Force, Principles Nos. 5 and 9.

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