The use of force, including firearms, by a state against its own citizens during protests is a highly sensitive and complex legal issue governed by international human rights law, constitutional protections in different jurisdictions, and domestic laws on public order and security. Here’s a legal analysis:
International Legal Standards
- Universal Declaration of Human Rights (UDHR):
- Article 3 guarantees the right to life.
- Article 20 provides the right to peaceful assembly and association.
- International Covenant on Civil and Political Rights (ICCPR):
- Article 6: Protects the inherent right to life and restricts the arbitrary deprivation of life.
- Article 21: Recognizes the right to peaceful assembly, subject only to restrictions necessary in a democratic society for public order, safety, or rights of others.
- UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (1990):
- Firearms should only be used when strictly unavoidable to protect life.
- Law enforcement must exercise restraint and act proportionally to the seriousness of the threat.
Regional Legal Frameworks
- European Convention on Human Rights (ECHR):
- Article 2 (Right to Life): Limits the use of lethal force to cases of self-defense or preventing serious crimes.
- Article 11 (Freedom of Assembly): Protects peaceful protests, subject to necessary restrictions in a democratic society.
- African Charter on Human and Peoples’ Rights:
- Guarantees the right to life (Article 4) and freedom of assembly (Article 11).
- American Convention on Human Rights:
- Article 4: Right to life.
- Article 15: Right to peaceful assembly.
Domestic Legal Perspectives
- United States:
- Under the First Amendment, citizens have a right to peacefully protest. The use of force is governed by the Fourth Amendment, which prohibits excessive force.
- Courts often apply the Graham v. Connor standard, which assesses the reasonableness of force based on the situation.
- United Kingdom:
- The Public Order Act 1986 regulates protests and assemblies. Lethal force by police must align with Article 2 of the ECHR and is justified only in cases of imminent threat to life.
- India:
- The Constitution of India (Article 19) guarantees the right to assemble peacefully. However, Section 144 of the Criminal Procedure Code permits authorities to impose restrictions and disperse unlawful assemblies.
- Use of firearms is guided by the principle of minimum force under the Police Act.
- Pakistan:
- Article 16 of the Constitution protects peaceful assembly. Section 144 of the Pakistan Penal Code allows preventive measures but requires proportionality in force.
- The use of firearms is permissible only in extreme cases, such as self-defense or preventing imminent danger.
Analysis and Principles
- Proportionality and Necessity:
- Force, especially lethal force, must be proportionate to the threat posed by the protestors. Arbitrary or excessive use of force violates human rights standards.
- Differentiation Between Violent and Peaceful Protestors:
- Peaceful protestors enjoy full protection under human rights law. Even if some participants become violent, indiscriminate use of force against all demonstrators is unlawful.
- Accountability and Oversight:
- Any use of firearms must be subject to rigorous oversight and review to ensure accountability.
- Exceptions:
- Lethal force may be lawful under specific circumstances, such as protecting life or preventing serious harm, provided all non-lethal alternatives have been exhausted.
How to take action against Police in Pakistan?
Conclusion
States have a duty to respect and protect the rights of their citizens, including the right to protest. The use of firearms against protestors is a measure of last resort, permitted only when strictly necessary to protect life and in accordance with international and domestic legal standards. Arbitrary or disproportionate use of lethal force constitutes a violation of fundamental human rights and can lead to both domestic and international legal consequences for the state and its officials.
