Hand-held Kinetic Impact Weapons 3.5 WHIPS Key Technical Features A whip is a firm, flexible stick, usually made of leather or other flexible material, or a stick with a piece of fabric or rope attached. Some types of whip may have multiple thongs and/or incorporate barbs, spikes, knots, or hooks, or may be plaited with wire. Sjamboks are a type of heavy whip traditionally made of leather but now also made of other materials, such as plastic. Human Rights Concerns Whips are most often used to carry out corporal punishment. Whips cause lacerations and other injuries, which may lead to permanent scarring. Lack of medical attention or unsanitary conditions can lead to infection. Their use amounts to excessive force or cruel or inhuman treatment, possibly amounting to torture, as they cannot be used without inflicting excessive and unnecessary pain. Use of whips fulfils no legitimate law enforcement purpose that cannot be achieved through less harmful means. Statements and Standards from Human Rights Bodies EU: As part of its commitment to combat torture, the EU urges third countries to abolish all types of judicial corporal punishment. 91 UN HRC: "it is the firm opinion of the Committee that corporal punishment constitutes cruel, inhuman and degrading treatment or punishment contrary to article 7 of the Covenant." 92 European Court of Human Rights: judicial corporal punishment (whipping) breached Article 3 of the European Convention on Human Rights. 93 Examples of Existing Controls The EU Anti-Torture Regulation prohibits the trade in whips with multiple lashes or thongs and whips that are fitted with barbs, hooks, spikes, etc. The US CCL controls the export of this equipment. Proposed Control Manufacture should be prohibited. Transfer should be prohibited. Use should be prohibited. EU, Guidelines to EU Policy Towards Third Countries on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 2019 Revision of the Guidelines, 16 September 2019, para 1.1.b. 91 92 UN HRC, George Osbourne v. Jamaica, CCPR/C/68/D/759/1997, 13 April 2000. 93 Tyrer v. The United Kingdom, 1978. 73