Briefing Paper: Use of Tools of Torture in OSCE participating States used for riot control purposes as well as for arrest and restraint. The most commonly used chemicals include CN or CS (commonly called tear gas) and OC/Pepper and PAVA (commonly called pepper spray). Chemical irritants are generally delivered through aerosol sprays, hand-thrown grenades, weapon launched projectiles/grenades, as well as via water cannon. Physical/medical effects and human rights concerns: Physical effects can include lacrimal tearing of the eyes, breathing difficulties/coughing/choking sensation, chemical burns, vomiting, suffocation, severe allergic reaction/blistering of the skin, chest tightness and in extreme cases death (either through asphyxiation or toxicity). Often, these effects are accompanied by anxiety and panic. Several factors affect the toxicity level of chemical irritants, including the specific agent used, its concentration, the length of exposure, the environment in which it is used, and the vulnerabilities of those affected. Certain vulnerable groups, including elderly people, children, pregnant women or people with respiratory problems, are often the worst affected. When used in confined spaces or in conjunction with other types of equipment (e.g. mechanical restraints), there is an increased risk of physical injury, suffocation and death. In some instances, launched projectiles containing chemical irritants can, if they hit a person directly, cause penetration wounds, concussion, other head injuries as well as, in severe instances, death. There are no international standards regulating the concentration of the irritant chemical and this concentration varies greatly among manufacturers. Maina Kiai, UN Special Rapporteur on the rights to freedom of peaceful assembly and of association has highlighted the indiscriminate nature of tear gas, as it fails to differentiate “between demonstrators and non-demonstrators, healthy people and people with health conditions”.36 The European Court of Human Rights has declared that “the unwarranted use of tear gas by law enforcement officers is not compatible with the prohibition of ill-treatment”.37 Omega recognises the potentially legitimate purpose chemical irritants could serve in certain limited circumstances. However, due to their indiscriminate nature and the potentially serious injuries they can produce, chemical irritants should only be employed in the context of public gatherings when the level of violence has reached such a degree that law enforcement officials cannot contain the threat by directly targeting violent persons only, and even then only using the absolute minimum amount necessary must be used.38 With regard to places of detention, the CPT has repeatedly recommended that pepper spray and tear gas should not be used in confined spaces, nor on an individual already brought under control, as well as expressing “serious reservations” about its use in open space, stating that there should be clearly 36 UN Special Rapporteur on the rights to freedom of peaceful assembly and of association, Report submitted to the Human Rights Council, 21 May 2012, UN Doc. A/HRC/20/27, para. 35. 37 Case of İzci v. Turkey, judgment of 23 July 2013, para. 62. 38 For more detailed recommendations on the use of launched chemical irritants for crowd control purposes, see the OSCE/ODIHR Human Rights Handbook on Policing Assemblies, http://www.osce.org/odihr/226981?download=true accessed 15 May 2018, pp. 78-80. 12