contribute to a more positive environment and
improved relations between detainees and staff.
• The weapons and restraints are stored and secured
effectively, safely and in ways which minimise risk to
officers and detainees, and are in keeping with
international standards. For example, ensuring that
there are procedures to dispose of out of date
ammunition is important, as many weapons - including
rubber bullets and chemical irritants - have an expiry
date, after which they may present a higher injury risk or,
conversely, may become less effective.
• The firearm, less lethal weapon or restraint itself
contains characteristics of concern, which may make its
deployment more problematic, enhance the risk of
injury and/or have implications for proportionality and
necessity of its use. For example, there is wide variation
in the amount of the active chemical irritant that sprays
can contain, with certain commercially available
formulations being many times stronger than others,
meaning that inmates may be exposed to a higher degree of
chemical irritant than is necessary. Studies have also found
that some of the solvents and carriers used in the sprays are
suspected carcinogens, are toxic and can cause corneal erosion
and other side effects (Holopainen et al 2003, Rappert 2003).
Such factors can help inform discussions around whether
current policy and practice is appropriate, and may help in
assessing medical implications, and in identifying less harmful
options available to places of detention.
Third, being able to independently document and research the
presence and use of firearms, less lethal weapons and restraints
in places of detention -and the suitability of any such equipment
found - can help to further safeguard the independence of monitors,
by ensuring that they are not reliant on information provided by the
authorities in their enquiries. It may also help monitors to corroborate
allegations of torture and ill-treatment made by detainees if, for
example, a particular piece of equipment alleged to have been
used in the incident is later found elsewhere on the premises, and
monitors are able to match the features on the weapon or restraint
to those recounted by the detainee. Documenting such weapons,
including through using the tools and checklists provided here, is
thus not only a way to help monitor the implementation of the
Convention Against Torture or the Nelson Mandela Rules (including
the requirement in Nelson Mandela Rule 36 that ‘discipline and order
shall be maintained with no more restriction than is necessary’) but from a practical perspective also provides a relatively quick and
easy way for monitors to capitalise upon, and add additional value
to, the time they are already spending, and observations they are
already making, in places of detention.
may be more relevant in some places of detention than others (for
example, in some facilities detention monitors may wish to follow
up the storage of and access to firearms, whilst this may not be an
issue in other facilities) and the Guide has been designed to allow
monitors to easily refer to particular sections of interest, and to
signpost to additional resources that deal with particular topics in
more depth.
Section 1 is concerned with absolute prohibitions contained within
international norms, standards and statements made by international
and regional monitoring bodies: namely, i) firearms, less lethal
weapons and restraints that are deemed to be inappropriate for
places of detention and ii) places of detention where weapons
must not be used. Section 2 is concerned with firearms, less-lethal
weapons and restraints that may have a role to play in places of
detention, but that can be misused for torture and ill-treatment.
It focuses, in turn, on:
• Issues prior to use. What do international norms and
standards say about how different weapons should be
stored and kept? How and when should they be issued
and carried? What should monitors look out for when
visiting the armoury and when documenting weapons
and ammunition located there, and elsewhere on the
premises? When should regulations be established for
different types of weapons? What training should be
given on their use?
• Standards and thresholds for use. What do international
norms, standards and statements by detention
monitoring bodies tell us about when it might be more
or less appropriate to use different types of equipment,
under what circumstances and with what limits?
• Issues post-incident / after the use of a weapon: what
action should be taken by officials after use of the
weapon? What reporting should be done, when and
how? What accountability mechanisms should be
in place?
Many of these elements are common to all weapons but where
this is not the case, each of these sections is further sub-divided
by weapon type.
The structure of the Guide
Throughout sections 1 and 2, a series of text boxes set out practical
guidance and suggestions on how to monitor and document these
issues and standards. These text boxes set out questions that
monitors may wish to consider asking, observations they may wish
to make, features they may want to record about the weapons in
use, and records that they may wish to access should they wish
to follow up on any of the points raised in the text. The intention
is that readers can thus quickly identify how to follow an issue of
concern by finding the relevant section of the text (but can also
read cover to cover, should they so wish).
This document can be read as a whole, or in sections, should monitors
wish to follow up a particular area of concern in a particular place
of detention. It is likely that certain sections of this document
Section 3 builds on this foundation by providing a further practical
tool to assist monitors working in this area. Specifically it provides
a detachable pocket friendly guide or aide-memoire, suitable to
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