EN_CPT_AR.book Page 38 Monday, October 25, 2010 5:14 PM
CPT General Report 2009-2010
77. EDW should be equipped with devices (generally a memory chip) that can be
used for recording various items of information and conducting checks on the use of
the weapon (such as the exact time of use; the number, duration and intensity of
electrical discharges, etc). The information stored on these chips should be
systematically read by the competent authorities at appropriate intervals (at least
every three months). Further, the weapons should be provided with built-in laser
aiming and video recording devices, making safe aiming possible and enabling the
circumstances surrounding their use to be recorded.
78. Electrical discharge weapons issued to law enforcement officials commonly
offer different modes of use, in particular a “firing” and a “contact” (drive-stun)
mode. In the former, the weapon fires projectiles which attach to the person targeted
at a short distance from each other, and an electrical discharge is generated. In the
great majority of cases, this discharge provokes generalised muscular contraction
which induces temporary paralysis and causes the person concerned to fall to the
ground. In contrast, when the “contact” mode is used, electrodes on the end of the
weapon produce an electrical arc and when they are brought into contact with the
person targeted the electrodes cause very intense, localised pain, with the possibility
of burns to the skin. The CPT has strong reservations concerning this latter mode of
use. Indeed, properly trained law enforcement officials will have many other control
techniques available to them when they are in touching distance of a person who has
to be brought under control.
Medical aspects
79. The potential effects of EDW on the physical and mental health of persons
against whom they are used is the subject of much argument, a debate that has been
fuelled in part by a number of cases of persons dying shortly after having been the
target of such a weapon. Although the research on this matter remains for the time
being largely inconclusive, it is undisputed that the use of EDW does present specific
health risks, such as the possibility of injury on falling after being struck by
projectiles or of burns in the event of prolonged use of such a weapon in the “contact”
mode. In the absence of detailed research on the potential effects of EDW on
particularly vulnerable persons (e.g. the elderly, pregnant women, young children,
persons with a pre-existing heart condition), the CPT believes that their use vis-à-vis
such persons should in any event be avoided. The use of EDW on people who are
delirious or intoxicated is another sensitive issue; persons in this state of mind
may well not understand the significance of an advance warning that the weapon
will be used and could instead become ever more agitated in such a situation.
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