41
whether the state should resort to the use of fireams and under which
circumstances, must be decided on the basis of clear legal rules and adequate
training.134
78.
In this sense, the Court deems that it is essential for government officers to
know the legal rules that authorize the use of firearms and to have the adequate
training so that they may have the elements of judgment necessary to be able to
decide whether to use them or not under certain circumstances. Moreover, the
States must restrict to the maximum extent the use of armed forces to control
domestic disturbances, since they are trained to fight against enemies and not to
protect and control civilians, a task that is typical of police forces.
v)
Adequate control and verification of the legality of use of force.
79.
Likewise, the general prohibition imposed on government officers to arbitrarily
kill people would be practically ineffective if there were not any procedures to verify
the legality of the use of lethal force by government officers. Upon learning that
member of the security forces have used firearms causing lethal consequences, the
State must immediately initiate a rigorous, impartial and effective investigation ex
officio135.
80.
Whenever the use of force caused the death or injuries to one o more people,
the State should give a satisfactory and convincing explanation of the events and
rebut the allegations related to its liability, by means of adequate evidence.
81.
Furthermore, in this kind of cases the reasonable measures adopted by
competent authorities to secure the evidence necessary for the investigation136 are
particularly important as well as the de jure and de facto independence of the
officers involved in the incidents137. This requires not only hierachical or institutional
independence, but actual independence.
82.
On the other hand, the European Court of Human Rights held that
investigations on excessive use of force must be subject to public scrutiny to secure
134
Cf. ECHR, Case of Erdogan and Others v. Turkey, supra note 129, para. 68; ECHR, Case of
Kakoulli v. Turkey, supra note 129, para. 109-110; ECHR, Case of Kilic v. Turkey. Judgment of March 28,
2000. Application No. 22492/93, para. 62.
135
Cf. Case of Baldeón García, supra note 3, para. 92; Case of the Pueblo Bello Massacre, supra note
6, para. 143 and Case of the “Mapiripán Massacre”, supra note 7, para. 219. En el mismo sentido, Cf.
ECHR, Case of Erdogan and Others v. Turkey, supra note 129, paras. 88-89; ECHR, Case of Kakoulli v.
Turkey. supra note 129, paras. 122-123; ECHR, Case of Nachova and others v. Bulgaria [GC]. Judgment
of 6 July 2005. Application Nos. 43577/98 and 43579/98, paras. 111-112.
136
Cf. ECHR, Case of Erdogan and Others v. Turkey, supra note 129, paras. 89; ECHR, Case of
Kakoulli v. Turkey, supra note 129, paras. 123; ECHR, Case of Hugh Jordan v. the United Kingdom.
Judgment of 4 May 2001. Application No. 24746/94, para. 107-108.
137
Cf. Case of Durand and Ugarte. Judgment of August 16, 2000. Series C No. 68, paras. 125 and
126; and ECHR, Case of Nachova and others v. Bulgaria [GC], supra note 135, para. 112; ECHR, Case of
Isayeva v. Russia. Judgment of February 24, 2005. Application No. 57950/00, para. 211; ECHR, Case of
Kelly and Others v. The United Kingdom. Judgment of 4 May 2001. Application No. 30054/96, para. 95.
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