Landaeta Mejias Brothers et al v. Venezuela. Series C No. 281

Key paragraph(s) can be found below the document.

126. The Court reiterates that, regarding the use of force, it is essential that the State: (a) has an appropriate legal framework regulating the use of force that ensures the right to life; (b) provides appropriate equipment to the agents responsible for the use of force, and (c) selects and trains these agents properly. In particular, with regard to the obligation to ensure rights, the Court has established that the State has the duty to adapt its domestic laws and “to ensure that its security agencies that are entrusted with the legitimate use of force respect the right to life of those who are subject to the State’s jurisdiction.” The State must establish precise internal policies in relation to the use of force and identify strategies to implement the Basic Principles on the Use of Force and the Code of Conduct. “Thus, it must equip its agents with different types of weapons, ammunition and protective equipment that will allow them to react in a way that is proportionate to the incidents in which they must intervene, limiting the use of lethal weapons that can cause injury or death to the greatest extent possible.” In addition, the State must provide courses for its agents to ensure they know the legal provisions that allow the use of firearms and that they have adequate training so that if they are ever faced with a decision on whether to use them, they have the necessary knowledge to do so. This also applies to intelligence work and, thus, to this case.