protesters is not an appropriate police action: In the Court’s view, firing a tear-gas grenade along a direct, flat trajectory by means of a launcher cannot be regarded as an appropriate police action as it could potentially cause serious, or indeed fatal injuries, whereas a highangle shot would generally constitute the appropriate approach, since it prevents people from being injured or killed in the event of an impact. Such behaviour has been found to have violated Articles 2 and 3 European Convention on Human Rights on the right to life and the prohibition of torture.348 7.2. Manufacture, promotion and transfer of RCA means of delivery A report by the PACE Committee on Legal Affairs and Human Rights has called for the trade in RCAs to be “clearly and systematically regulated” and for all trade to be publically disclosed.349 However, there is currently no single legally-binding instrument regulating the trade across all CoE member States and the level of reporting on the trade in RCAs differs between CoE member States. With regard to CoE member States that are also EU member States, under EC Regulation 1236/2005 OC and PAVA are classified as Annex III goods i.e. goods that can have a legitimate law enforcement purpose but which also “could be used for the purpose of torture or other cruel, inhuman or degrading treatment or punishment”350; consequently their export from any EU Member State must be strictly controlled. Meanwhile, the export of other riot control agents including CS and CN listed under the Common Military List of the European Union,351 is controlled by the EU Common Position Defining Common Rules Governing Control of Exports of Military Technology and Equipment.352 Furthermore, CoE States that have agreed to participate in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies - including the Russian Federation, Switzerland, Turkey, Ukraine and the majority of EU Member States - are also expected to control the trade in riot control agents and their means of delivery.353 However, it is up to each WA participating State to decide how to implement the Arrangement via national legislation, and how to report such trade. The Omega Research Foundation has identified companies throughout the CoE that have manufactured and/or promoted RCAs or delivery devices, since 2012 including in Belgium, Czech Republic, Denmark, France, Germany, Hungary, Ireland, Macedonia, Norway, Poland, Portugal, Romania, the Russian Federation, Serbia, Slovak Republic, Spain, Switzerland, Turkey, the Ukraine and the UK. 354 The majority of RCA devices currently manufactured, traded and employed by law enforcement officials (such as RCA grenades and cartridges, hand held irritant sprayers or single RCA projectile launchers) individually disperse a limited amount of RCA over 348 See: European Court of Human Rights, Case of Ataykaya v. Turkey, judgment of 22 July 2014, and European Court of Human Rights, Case of Abdullah Yaşa and Others v. Turkey, judgment of 16 July 2013. 349 PACE, Committee on Legal Affairs and Human Rights, Urgent need to prevent human rights violations during peaceful protests, (rapporteur: Ms Ermira Mehmeti Devaja), 10 May 2016, paragraph 75. 350 European Union, Annex III of EC Regulation 1236/2005. 351 See: EU, Common Military List of the European Union, adopted by the Council on 6 March 2017, ML7. 352 EU, Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment, Official Journal of the European Union L 335/99, 13 December 2008. 353 The Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, List of Dual-Use Goods and Technologies and Munitions List, WA-List (15) 1 Corr.1, p. 217. 354 Details of relevant CoE companies and marketing materials on file with Omega Research Foundation. 64