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2. FORCE AND FIREARMS

2.1 Everyone has the right to liberty and security of the person. 32
2.2 Everyone has the right to peaceful assembly and to freedom of association with oth- rs. 33
2.3 Law enforcement officials shall neither use physical force or violence unless other methods will not work, nor use more force than is absolutely necessary to achieve the legitiate law enforcement objective. 34
2.4 Law enforcement officials shall not use a firearm with the intention to kill any person unless it is completely unavoidable in order to potect the life of the law enforcement official or the life of any other person. 35
2.5 Law enforcement officials shall not use firearms against persons except in the following circumstances and only when less extreme means are insufficient to achieve the following objectives: 36
 

1.  to defend themselves or others against the imminent threat of death or serious injury;
2. to prevent a particularly serious crime that involves a grave threat to life;
3. to arrest a person who is causing a serious threat to life and is resisting appropriate efforts to stop the threat; and
4. to prevent the escape of someone who is causing a serious threat to life.

2.6 If police or public security officers do use firearms against persons in the circumstances set out in paragraph 2.5 above, they must: 37
 

1.  identify themselves as law enforcement officials;
2. give a clear warning of the intent to use firearms; and
3. give enough time for the warning to be obeyed unless to do so would:
• create a serious risk for the law enforcement official; or
• create a serious risk of death or serious harm to other persons; or
• clearly be inappropriate or pointless in the circumstances .

2.7 Whenever the lawful use of force or firearms is unavoidable, law enforcement officials shall:
 

1.  act with restraint and only use the amount of force necessary to achieve the legitimate law enforcement objective; 38
2. respect human life and cause the minimum amount of injury to people; 39
3. cause the minimum amount of damage to property; 40
4. as soon as possible, help anyone who is hurt and render medical aid if needed; 41 and
5. as soon as possible, ensure that relatives or friends of people injured or affected by the incident are notified. 42

2.8 Whenever a firearm is used by a law enforcement official, a report must be made to a superior officer as soon as possible. 43
2.9 Anyone affected by the use of force or firearms is entitled to ask the authorities for a formal investigation or review (including a review by a judge or similar authority). If death has occurred, dependents of the deceased person have the right to obtain a review. A legal representative of a person affected by the use of firearms also has the right to seek a review. 44
2.10 Superior officials shall be held responsible if they know, or should have known, that law enforcement officials under their command are resorting, or have resorted, to the unlawful use of force and firearms, and the superior officials did not take all measures in their power to prevent, suppress and report such use. 45
2.11 Obedience to superior orders shall be no defence if law enforcement officials knew that orders to use force and firearms resulting in death or serious injury of a person were unlawful and had a reasonable opportunity to refuse to follow them. In any case, responsibility also rests on the superiors who gave the unlawful orders. 46

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