34. It is worth highlighting the abundant jurisprudence of the European Court of Human Rights that has examined violations of article 3 of the European Convention on Human Rights (prohibition of torture and inhuman or degrading treatment) in the context of demonstrations. The Court has taken into consideration the level of severity of the injuries sustained (“minimum level of severity”69); the State’s arguments to explain or justify if the use of force was rendered strictly necessary and proportionate to the aim sought to be achieved; as well as the use of less lethal weapons, including tear gas and tear gas grenades, in particular when fired directly at demonstrators70 or when sprayed against peaceful protesters or individuals apprehended71. The Court has also stressed the importance of the existence of appropriate legal frameworks72 and safeguards surrounding the proper use of force, including specific crowd control weapons and equipment73. 35. Regarding the purpose element of the definition of torture, while obtaining information or a confession might entail having custody of the person, intimidation, punishment and discrimination are common motives in extra-custodial settings. About the latter, the Committee has “emphasized that the discriminatory use of mental or physical violence or abuse is an important factor in determining whether an act constitutes torture”74. 36. Unlawful (including due to direct or indirect discrimination75), excessive and/or disproportionate use of force can cause physical or mental pain or suffering, including with irreversible implications, and death. Moderate and severe injuries76, including permanent blindness77, may result from the violation of the international principles on the use of force, the misuse of assigned weapons78, related equipment such as shields or restraining devices or of weaponless or empty-hand techniques (including, for example, pain compliance or balance displacement techniques)79. They can also be the result of the use of weapons, ammunition or related equipment that cause “unwarranted injury or present an unwarranted risk”80. 37. Despite the indivisible, interdependent and interrelated character of the obligation to prevent torture and other cruel, inhuman or degrading treatment or punishment81 and the fact that subsequently measures that are required to prevent torture must be applied to prevent ill-treatment82, ill-treatment is not criminalized as extensively as torture at the domestic level. While the Committee has recommended on a few occasions the adoption of legal provisions to criminalize acts of cruel, inhuman and degrading treatment in national criminal codes83, participants highlighted that the prosecution of ill-treatment in extra-custodial settings remains a significant challenge.84 69. See European Court of Human Rights, Gazioğlu and Others v. Turkey, 17 May 2011, para. 40. 70. European Court of Human Rights, Abdullah Yaşa and Others v. Turkey, 16 July 2013. 71. European Court of Human Rights, Ali Güneş v. Turkey, 10 April 2012, İzci v. Turkey, 23 July 2013. 72. European Court of Human Rights, Cestaro v. Italy, 7 April 2015, Abdullah Yaşa and Others v. Turkey, 16 July 2013. 73. E  uropean Court of Human Rights, Abdullah Yaşa and Others v. Turkey, 16 July 2013. 74. U  N Committee Against Torture, General Comment No. 2, 24 January 2008, CAT/C/GC/2, para. 20. 75. C  ommittee on Economic, Social and Cultural Rights, General Comment No. 20, para. 10(a); Committee on the Elimination of Racial Discrimination, General Recommendation No. 32, para. 8. 76. O  ffice of the United Nations High Commissioner for Human Rights, Guidance on Less Lethal Weapons in Law Enforcement, 2020, pp. 45-46. 77. In Chile, “more than 200 people have been victims of severe eye trauma, impairing their vision for life”, See: World Organisation Against Torture, News Release: International Human Rights Observation Mission Courthouse of Justice Santiago, 11 December 2019, and UN Office of the High Commissioner for Human Rights, Press Release: UN Human Rights Office report on Chile crisis describes multiple police violations and calls for reform”, 13 December, 2019. 78. See, for example: European Court of Human Rights, Abdullah Yaşa and Others v. Turkey, 16 July 2013. 79. Royal Newfoundland Constabulary, Use of Force Training Manual. Available at: https://www.ciddd.ca/documents/exhibits/P-0624.pdf. 80. UN General Assembly, Code of conduct for law enforcement officials, 5 February 1980, A/RES/34/169, Principle 11 (c). 81. UN Committee Against Torture, General Comment No. 2, 24 January 2008, CAT/C/GC/2, para. 3. 82. UN Committee Against Torture, General Comment No. 2, 24 January 2008, CAT/C/GC/2, para 3. 83. See: Namibia (CAT/C/NAM/CO/2), 2017, para. 8 and Cyprus (CAT/C/CYP/CO/5), 2019, para. 9. 84. A  ccording to the UN Basic Principles “Governments shall ensure that arbitrary or abusive use of force and firearms by law enforcement officials is punished as a criminal offence under their law”. See, United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, 1990. 13