7.
Riot control agents
Riot control agents (RCAs) are toxic chemicals designed to deter or disable, by producing
temporary irritation of the eyes and upper respiratory tract. The most frequently used RCAs
include CN or CS (commonly called tear gas) and OC/Pepper or PAVA (commonly called
pepper spray). RCAs employed in law enforcement are normally delivered via hand-held
aerosol sprays, hand-thrown grenades, weapon launched projectiles/grenades and water
cannon. The development, possession, trade and use of RCAs is controlled to a certain extent
under international arms control laws and associated national measures. Of particular
importance is the Chemical Weapons Convention which prohibits the use of RCAs as a
method of warfare, 318 but allows for their use in: “law enforcement including domestic riot
control purposes” 319 provided the “type and quantities” of RCA employed is consistent with
such purpose.320
The effects of particular RCAs vary from person to person, are dose dependent, and can be
affected by environmental conditions (heat/humidity). Exposure can result in lacrimal tearing
of the eyes, breathing difficulties/choking sensation, suffocation, chemical burns, vomiting,
severe allergic reaction/blistering of the skin and in certain cases death. Certain vulnerable
groups, including elderly people, children, pregnant women or people with existing
respiratory problems, are often the worst affected. The medical concerns associated with
RCAs vary depending on the means and location of delivery. When used in confined spaces
or in conjunction with other types of equipment (e.g. mechanical restraints), there is an
increased risk of death through asphyxiation or toxic poisoning.
7.1. Misuse of RCAs in CoE member States
During 2012-2017, the CPT, PACE and Amnesty International have reported on the
inappropriate use of riot control agents in Belgium321, Cyprus322, France, 323 Greece,324
318
Organisation for the Prohibition of Chemical Weapons (OPCW), Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction (Chemical
Weapons Convention [CWC]), 1993, Article I.5.
319
OPCW, Chemical Weapons Convention (1993) op.cit., Article II.9.
320
OPCW, Chemical Weapons Convention (1993) op.cit., Article II.1.a.
321
CPT, Rapport au Gouvernement de la Belgique relatif à la visite effectuée en Belgique par le CPT du 24
Septembre au 4 Octobre 2013, 31 March 2016.
322
CPT (9 December 2014) op.cit..
323
Amnesty International, EUR 21/6104/2017 (2017) op.cit.; Cragg, S. and Mellon, G./BHRC(July 2016)
op.cit., paragraph 72.
324
Amnesty International (23 February 2016) op.cit., p.169.
61
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