26 LAW-ENFORCEMENT EQUIPMENT IN CENTRAL ASIA AND THE SOUTH CAUCASUS also stated that the use of certain electric-shock devices may amount to torture.66 Furthermore, rules 47, 48 and 49 of the UN Standard Minimum Rules for the Treatment of Prisoners (SMR) (Mandela Rules) as updated, adopted by the Commission on Crime Prevention and Criminal Justice (CCPCJ) on the 22 May 2015, due to be adopted by the UN General Assembly at the end of 2015, state the following.67 Rule 47 (1) The use of chains or irons or other instruments of restraint which are inherently degrading or painful shall be prohibited. (2) Other instruments of restraint shall only be used when authorised by law and in the following circumstances: (a) as a precaution against escape during a transfer provided that they are removed when the prisoner appears before a judicial or administrative authority; (b) By order of the prison director, if other methods of control fail, in order to prevent a prisoner from injuring himself or herself or others or from damaging property; in such instances, the director shall immediately alert the physician or other qualified health-care professionals and report to the higher administrative authority. Rule 48 1. When the imposition of instruments of restraint is authorized in accordance with paragraph 2 of rule 47, the following principles shall apply: (a) Instruments of restraint are to be imposed only when no lesser form of control would be effective to address the risks posed by unrestricted movement; (b) The method of restraint shall be the least intrusive method that is necessary and reasonably available to control the prisoner’s movement, based on the level and nature of the risks posed; (c) Instruments of restraint shall be imposed only for the time period required, and they are to be removed as soon as possible after the risks posed by unrestricted movement are no longer present. 2. Instruments of restraint shall never be used on women during labour, during childbirth and immediately after childbirth. 66
CAT’s 2007 report on Portugal made the following recommendations in relation to the introduction of the Taser X26 projectile electric-shock weapon: ‘The Committee is deeply concerned about the recent purchase by the State party of electric “TaserX26” weapons for distribution to the Lisbon Metropolitan Command, the Direct Action Corps, the Special Operations Group and the Personal Security Corps. The Committee is concerned that the use of these weapons causes severe pain constituting a form of torture, and that in some cases it may even cause death, as recent developments have shown (arts. 1 and 16). The State party should consider relinquishing the use of electric “TaserX26” weapons, the impact of which on the physical and mental state of targeted persons would appear to violate articles 1 and 16 of the Convention.’ Committee Against Torture, 39th session, Geneva, 5–23 Nov. 2007, Consideration of Reports Submitted by States Parties, Under Article 19 Of the Convention, Conclusions and Recommendations of the Committee Against Torture, Portugal, <http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CAT%2fC%2fPRT %2fCO%2f4&Lang=en>.
67 UN Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules), <http://www.penalreform.org/wp-content/uploads/2015/05/MANDELA-RULES.pdf>.