Chemical irritants 5.6 FIXED CHEMICAL IRRITANT SPRAYERS Key Technical Features Human Rights Concerns These sprayers are designed to be mounted or attached to a wall, ceiling, or fence. They can be used indoors or outdoors, and can either be manually operated (i.e. activated by remote control or a remote-control panel) or automatically (using motion sensor technology). These dispensers are designed to be both fixed and, in some cases, potentially automatic or semi-autonomous. As such, if they are used inside detention facilities, there is a possibility that the threshold for use will be too low, and they will be used inappropriately. Use of these weapons can be indiscriminate; if used at a demonstration, bystanders can be affected even if they are not the target. If used outside, those targeted must be able to disperse from the area. Statements and Standards from Human Rights Bodies ODIHR and Venice Commission: “Devices with indiscriminate effects such as tear gas … should be used for the purpose of dispersal only and should not be used where people (participants / bystanders; violent / peaceful persons) cannot leave the scene. They should only be used if violence has reached such a level that targeting individuals engaged in violence is not a possible or sufficient response.” 113 Examples of Existing Controls The EU Anti-Torture Regulation controls the export of fixed sprayers that can be fixed inside a building or outdoors. Manufacture should be controlled. Proposed Control Trade and transfer should be controlled. Use should be in line with international human rights standards. Venice Commission and OSCE/ODIHR, Guidelines on freedom of peaceful assembly (3rd edition), 8 July 2019, pp. 72-73. 113 97