Nadege Dorzema et al. v. Dominican Republic. Series C No. 251

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


80. […] the State has an obligation to adapt its domestic legislation and “to ensure that its security forces, which are entitled to use legitimate force, respect the right to life of those who are under its jurisdiction.” […] agents should be provided with different types of weapons, ammunition, and protective equipment that enable them to adapt the elements used in their reaction proportionately to the incidents in which they have to intervene, restricting the use of lethal weapons that can cause injury or death as much as possible.

81. The State must also train its agents to ensure that they know the legal provisions that permit the use of firearms and are properly trained so that if they have to decide on their use, they have the relevant criteria do so.

84. […] during an incident when a display of authority is deployed, insofar as possible, the State agents should assess the situation and draw up a plan of action before intervening.

85: In order to respect the appropriate measures to take if the use of force becomes essential, this must be used in keeping with the principles of legality, absolute necessity, and proportionality

87: […] proportionality is also related to the planning of preventive measures, since it involves an assessment of the reasonableness of the use of force. Thus, it is useful to analyze the facts rigorously to determine: (a) whether the violations could have been avoided with the implementation of less harmful measures, and (b) whether there was proportionality between the use of force and the harm it sought to prevent.

100. […] if anyone is injured owing to the use of force, assistance and medical aid should be ensured and rendered, and relatives or close friends should be notified at the earliest possible moment. In addition, the incident should be reported promptly, and reports should be subject to review by administrative and prosecutorial authorities. Similarly, the facts should be investigated in order to determine the level and means of participation of all those who intervened, either directly or indirectly, thereby establishing the corresponding responsibilities.


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