Chemical irritants
5.2
OC AND PAVA
OC (Oleoresin Capsicum) is an oil at room temperature and is naturally
derived from the capsicum species of plant (such as chili peppers).
Key Technical
Features
PAVA (Pelargonic Acid Vanillylamide) is a solid at room temperature,
and is a synthetic version of OC.
Both OC and PAVA are inflammatory agents, which interact with
sensory nerve receptors to produce discomfort, severe pain, and
itching or burning, principally in the eyes, respiratory tract, and skin.
Inappropriate and excessive use of OC and PAVA is widespread and
can result in serious injury or death through factors such as
suffocation, allergic reaction, or hazardous overdose.
Human Rights
Concerns
Individuals may react differently to OC and PAVA. Conditions affecting
different reactions include excessive application, delivery in an
enclosed space, prolonged exposure, pre-existing medical conditions,
and, for skin reactions, high temperature and relative humidity.
These weapons lack differentiation; if used at a demonstration, for
instance, bystanders can also be affected even if they are not the
target.
CPT: "Pepper spray is a potentially dangerous substance and should
not be used in confined spaces." 107
Statements and
Standards from
Human Rights Bodies
European Court of Human Rights: pepper spray “can produce effects
such as respiratory problems, nausea, vomiting, irritation of the
respiratory tract, irritation of the tear ducts and eyes, spasms, chest
pain, dermatitis or allergies. In strong doses, it may cause necrosis of
tissue in the respiratory or digestive tract, pulmonary oedema or
internal haemorrhaging” 108
ODIHR: “OC... [is] designed to be sprayed into the face of an
individual. This is not appropriate for dispersal purposes or to gain
compliance, but only as a defence against violent individuals” 109
Examples of Existing
Controls
The EU Anti-Torture Regulation controls the export of these chemical
irritants.
The US CCL controls the export of these chemical weapons.
Manufacture should be controlled.
Proposed Control
Trade and transfer should be controlled.
Use should conform with international human rights standards.
CoE: CPT, Preliminary observations made by the delegation of the CPT which visited Bosnia and Herzegovina
from 19 to 30 March 2007 and Response of the authorities of Bosnia and Herzegovina, 16 July 2007, CPT/Inf
107
(2007) p. 34.
108
Oya Ataman v. Turkey, 74552/01, Council of Europe: European Court of Human Rights, 5 December 2006.
109
OSCE/ODIHR, Human rights handbook on policing assemblies, 2016, p. 79.
89
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