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Paper Information

Journal:   REVUE DE RECHERCHE JURIDIQUE   FALL 2010-WINTER 2011 , Volume - , Number 52; Page(s) 335 To 379.
 
Paper: 

THE PROTECTION OF THE RIGHT TO LIFE IN THE POLICE OPERATION

 
 
Author(s):  ABDOLLAHI MOHSEN*
 
* 
 
Abstract: 

Among human rights the right to life is the most vital one. This right may not be subject to any derogation even at the public emergency times. However, taking of life through the death penalty and the police operation seems as an indispensable reality in the human societies; whereas the first one is gradually eliminating and the later is subject to very strict rules of law. According to the customary rules of international law, taking of life through police operation may not preclude the criminal responsibility of police officer unless such killing has been totally done in the exceptional circumstances and is regarded necessary and proportional for the purpose of operation. Moreover, in the case of use of the firearms, States are obliged to accomplish an immediate, comprehensive, and independent inquiry.

 
Keyword(s): RIGHT TO LIFE, POLICE OPERATION, ARMED CONFLICT, NECESSITY, PROPORTIONALITY, LETHAL WEAPONS
 
References: 
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