Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, para. 9
Paragraphe
Paragraph text
The principle of necessity has a qualitative, a quantitative and a temporal aspect. In qualitative terms, any use of force must be “unavoidable” in the sense that non-violent or other less harmful means remain ineffective or without any promise of achieving the desired purpose. 12 In quantitative terms, whenever the use of force is unavoidable, the degree to which and the manner in which force is employed may not be more harmful than strictly necessary. 13 Finally, in temporal terms, the use of force is unlawful if, at the moment of its application, it is not yet or no longer unavoidable to achieve the desired lawful purpose. Therefore, any law enforcement operation involving the use of force requires a constant reassessment of its necessity to achieve the desired purpose. Should the circumstances evolve so as to permit the achievement of that purpose through less harmful means, force may no longer be used.
Status juridique
Non-negotiated soft law
Organe
Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment