Chemical irritants 5.8 LARGE PORTABLE SPRAYERS One or two large tanks or canisters carried on the back or over the shoulder (depending on size and model). These usually have a capacity between 1 and 5 litres. The trigger and nozzle designs vary. Key Technical Features Chemical irritant can be dispersed via short bursts or through a continuous spray until the tank is empty. These systems can disperse a spray or a liquid stream. Could contain any chemical irritant or a malodorant (see entries on CS, OC and Malodorant), or mixture thereof. Use of large portable sprayers to disperse chemical irritants can cause serious injury or death through asphyxiation or agent toxicity, particularly if they are used in enclosed spaces or against restrained individuals. Human Rights Concerns Although certain sprayers can be used to target individuals or small groups, the employment of large capacity foggers or sprayers risks indiscriminately affecting everyone in the area. The use of these sprayers increases the risk of a panic-driven stampede, and the high volume of irritant dispersed and the wide area effect could prevent persons from escaping. Such systems could be readily employed to collectively ill-treat or punish large groups of people. 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.” 115 OHCHR: “A chemical irritant should be used only…when its delivery against a target is accurate”. 116 Examples of Existing Controls The EU Anti-Torture Regulation controls the export of equipment. Manufacture should be controlled. Proposed Control Trade and transfer should be controlled. Use should be in-line with international human right standards. Venice Commission and OSCE/ODIHR, Guidelines on freedom of peaceful assembly (3rd edition), 8 July 2019, pp. 72-73. 115 116 OHCHR, UN Human Rights Guidance on less-lethal weapons in law enforcement, 2020, para 7.2.3 101