Omega Research Foundation
to move prisoners.122 There are also reports of pepper spray being applied to the genitals of
detained minors.123
Brazil: As noted previously, the UN Special Rapporteur on torture has called attention to the
frequent use of tear gas by prison staff in Brazil. Following a 2012 country visit, the UN SPT
reiterated its ‘serious reservations’ about the use of chemical irritants in confined spaces. The
SPT had received reports of pepper spray being sprayed into vehicles used to transport high
numbers of detainees and tear gas being used by prison staff in confined spaces, including
cells.124
Chemical irritants can cause death through asphyxiation or toxic poisoning, especially in confined
spaces and their use should only be considered in times of extreme violence when less harmful means
cannot contain the threat. They should be only be used where there is a route to fresh air to escape
their effects. Tear gas grenades, explosive grenades and weapon fired tear gas should not be used in
confined spaces. Chemical irritants should never be used as a punitive or disciplinary measure or
against those already restrained.
Recommendations
Grenades, launched cartridges and any wide area use of chemical irritants should be
prohibited in confined spaces. Targeted use of chemical irritants should only be resorted to
when strictly necessary and for the amount of time strictly necessary to reduce the level of
violence, and only then using the absolute minimum amount necessary. Such incidents and
all others involving use of force against those deprived of their liberty must be reported to the
prison director immediately and must also be included in mandatory public reports.
Prison staff must only be permitted to use chemical irritant devices if they have received
specific training and only then in exceptional circumstances.
Electric shock weapons125
The high voltage electrical shock from stun guns, stun batons and stun shields is applied directly by
hand to an individual, designed to cause compliance through pain. The effect of the shock varies
depending on the device’s voltage and amperage, the length of time the shock is applied, the physical
condition and underlying health of the victim and environmental conditions. Omega considers that
direct contact electric shock equipment has no legitimate law enforcement function which cannot be
effectively accomplished by safer alternatives and should be prohibited.
Projectile electric shock devices are usually pistol-shaped weapons firing darts attached to the weapon
by thin wires. On impact, the darts deliver an electric shock causing neuromuscular incapacitation and
extreme pain. Most models can also display a spark across the electrodes and can be used as direct
contact stun weapons, administering a painful localised electric shock. Although projectile and direct
contact electric shock stun guns, stun batons and stun shields are generally marketed as non-lethal,
deaths have been associated with their use.
122
Comisión Provincial por la Memoria, Informe Anual 2015: El sistema de la crueldad IX, p. 140.
CELS, Derechos Humanos en Argentina: Informe 2013, p. 148.
124
UN SPT, Report on the visit of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment to Brazil, 5 July 2012, UN Doc. CAT/OP/BRA/1, paras. 127-128.
125
For a more detailed discussion on electric shock stun weapons and their impact on human rights, please
refer to: Omega Research Foundation and Amnesty International, China’s Trade in Tools of Torture and
Repression, 2014, pp. 10-11 and Omega Research Foundation and Amnesty International, The Human Rights
Impact of Less Lethal Weapons and Other Law Enforcement Equipment, 2015, pp. 20-24.
123
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