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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.