6. Kinetic impact weapons 6.1. Kinetic impact projectiles Kinetic impact projectiles have a cartridge case similar to conventional ammunition, but propel a range of mainly non-metallic projectiles to the target. Ammunition containing single or multiple projectiles can be fired, such as balls, segments, blocks or cylinders of wood, plastic or rubber. The wide range of weapons used to fire kinetic impact projectiles includes conventional small arms such as shotguns, pistols and assault rifles, as well as generic ‘less lethal’ launchers/grenade launchers which can fire many different types of ammunition of the same calibre. Common calibres include: 37/38mm, 40mm, 56mm, 12 gauge and 9mm. Kinetic impact projectiles are designed to cause blunt trauma, not to penetrate the body. However, they often cause serious and life threatening injuries including lacerations, broken bones, concussion, head injuries or internal organ damage and their use has resulted in many deaths. Many launched projectiles are inherently inaccurate and the risk of serious injury or death is significantly increased when kinetic impact projectiles are fired at close range or aimed at sensitive parts of the body, e.g. the head, chest and abdomen. Moreover, multiple projectiles are inherently indiscriminate with a high risk of uninvolved bystanders being hit, and rounds containing small pellets pose a significant risk of severe eye injuries. 6.1.1. Misuse of kinetic impact projectiles in CoE member States From 2012-2017, reports by the CPT, Amnesty International and Physicians for Human Rights indicate that kinetic impact projectiles have been used abusively or inappropriately in Finland,266 France267, Greece,268 Slovakia,269 Spain270, Turkey271 and Ukraine272. 6.1.1.1. Illustrative cases Spain On 6 February 2014, 200 migrants, refugees and asylum seekers from Sub-Saharan Africa attempted to swim to Ceuta, an autonomous city of Spain on the north coast of Africa, from its border with Morocco. Members of the Spanish Civil Guard opened fire with large rubber bullets, tear gas and blanks to stop their advance resulting in or contributing to the death of at least 14 people. An additional woman was also reported dead after the incident, though her body has never been found.273 A Spanish Government representative at first denied the use of 266 Amnesty International, Finland: Submission to the United Nations Committee Against Torture, 59th session, 7 November – 7 December 2016, p. 14. 267 Amnesty International, A right not a threat: Disproportionate restrictions on demonstrations under the State of Emergency in France, EUR 21/6104/2017, 2017. 268 Amnesty International, Policing Demonstrations in the European Union, EUR 01/022/2012, October 2012, p. 9. 269 Amnesty International, Amnesty International Report 2015/16: The State of the World’s Human Rights, POL 10/2552/2016, 23 February 2016, p. 322. 270 CPT, Report to the Spanish Government on the visit to Spain carried out by the CPT from 14 to 18 July 2014, 9 April 2015, paragraph 48; Amnesty International, Policing Demonstrations in the European Union, EUR 01/022/2012, October 2012, p. 10; Amnesty International & Omega Research Foundation, Tackling the trade in tools of torture, ACT 30/6998/2017, October 2017. 271 Physicians for Human Rights, Contempt for Freedom: State Use of Tear Gas as a Weapon and Attacks on Medical Personnel in Turkey, September 2013, p. 14. 272 CPT, Report to the Ukrainian Government on the visit to Ukraine carried out by the CPT from 9 to 16 September 2014, CPT/Inf (2015) 3, 13 January 2015, paragraph 11. 273 Amnesty International, Spain: Accountability urged for ‘appalling’ migrant deaths in Ceuta, 14 February 2014 54

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