34
to understand, and if possible de-escalate, violent situations that could
trigger the use of conducted energy weapons.103
7.4.8 The use of conducted electrical weapons in the presence of flammable
liquid or explosive vapour may result in fire or deflagration, or even an
explosion.104 Some irritant spray solvents may be flammable, and the
solvent may be ignited by the arc discharge from a conducted electrical
weapon.
7.4.9 The use of conducted electrical weapons against an individual to prevent
or limit self-harming behaviour must be justifiable in the circumstances.
7.4.10 Even when drive-stun use of conducted electrical weapons is lawful, it
may not be effective on persons with serious mental health issues or
on others who may not respond to pain, for example owing to a mindbody disconnect. In such instances, there is a heightened risk of serious
injury.105
CIRCUMSTANCES OF POTENTIALLY UNLAWFUL USE
7.4.11 Conducted electrical weapons should not be used with a view to overcoming
purely passive resistance to an official’s instructions through the infliction of
pain.106 Repeated, prolonged or continuous discharge should be avoided
whenever possible.107
OHCHR, Human Rights and Law Enforcement: A Manual on Human Rights Training for Law
Enforcement Officials, chap. 5.
104
Scientific Advisory Committee on the Medical Implications of Less-Lethal Weapons (SACMILL),
“Statement on the Medical Implications of Use of the TASER X2 Conducted Energy Device
System”, 2016 (available at https://bit.ly/2KjxHMU).
105
US Department of Justice, Investigation of the Baltimore City Police Department, 10 August
2016, p. 62; and see also Police Executive Research Forum (PERF) & Community Oriented
Policing Services (COPS), 2011 Electronic Control Weapon Guidelines, United States, 2011
(available at https://bit.ly/2MzSFUt), p. 14.
106
US Department of Justice (Civil Rights Division), Investigation of the Ferguson Police Department,
Washington DC, 4 March 2015, p. 28; US Court of Appeals (Eighth Circuit), Brown v. City of
Golden Valley, 574 F.3d 491, 499 (2009).
107
“TASER Handheld CEW Warnings, Instructions, and Information: Law Enforcement”, p. 5.
103
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