Restraints 1.18 HOODS AND BLINDFOLDS Key Technical Features This equipment consists of a piece of cloth to cover the eyes (blindfold), or the entire head and face (hood). Some models are secured in place with a lock around the neck. Some models are attached to other restraints, such as handcuffs. People subjected to hooding or blindfolding are often incapable of identifying their torturers, in these cases the prosecution of torturers is virtually impossible. 66 Human Rights Concerns The use of hoods and blindfolds can lead to disorientation and undue stress. The use of certain designs of hood carries a risk of suffocation or strangulation. The use of this equipment fulfils no legitimate law enforcement purpose that cannot be achieved through less harmful means. CAT: blindfolding and hooding can constitute torture or other illtreatment. 67 Statements and Standards from Human Rights Bodies Examples of Existing Controls CPT: “recommends that the blindfolding of persons who are in police custody be expressly prohibited”. 68 European Court of Human Rights: blindfolding a prisoner constitutes cruel or inhuman treatment when used in combination with other interrogation or detention methods, 69 and can constitute torture when used with other techniques. 70 To the best of Omega’s knowledge, there are no specific controls on the transfer of this equipment. Manufacture should be prohibited. Proposed Control Transfer should be prohibited. Use should be prohibited. UN Commission on Human Rights, Civil and political rights, including the questions of torture and detention : report of the Special Rapporteur, Nigel Rodley, submitted pursuant to Commission on Human Rights resolution 2001/62, 27 December 2001, E/CN.4/2002/76, p. 6. 66 UN CAT, Report of the CAT, 10 September 1997, Supplement No. 44, A/52/44; UN CAT, Report on Mexico produced by the CAT, and Reply from the Government of Mexico, 26 May 2003, CAT/C/75. 67 CoE: CPT, CPT Standards, “Substantive” sections of the CPT’s General Reports, January 2015, CPT/Inf/E (2002) 1 - Rev. 2015, para 38. 68 Ireland v. United Kingdom, 25 Eur. H.R. Rep. (ser. A) (1978); Ocalan v. Turkey, 37 Eur. Ct. H.R. 238, 222 (2003) cited in IRCT, Statement on hooding, International Forensic Group’, Torture, volume 21, 3 November 2011, p. 186. 69 Aksoy v. Turkey, 1996-VI Eur. Ct. H.R. 2260 (1996); Aydin v. Turkey, 1997-VI Eur. H.R. Rep. 1866 (1997). As cited in IRCT,2011, op. cit. 70 45