to investigate allegations of excessive use of force, in the context of protests89, evictions90, or racially
motivated violence91.
39. In monitoring States’ observance of the principles of legality and precaution, the Committee has
recommended States to “revise laws and policies regarding public order policing and the use of force,
including lethal force, by law enforcement officials in order to ensure that all policing laws, policies and
guidelines are consistent with the Basic Principles on the Use of Force and Firearms by Law Enforcement
Officials”92; regulate the use of firearms93, include regulations on the use of specific weapons, such as
conducted energy weapons (tasers)94 and pepper spray95; adopt and review the crowd control procedures
and tactics, particularly in the context of demonstrations, including the use of water cannons, tear gas,
fire extinguishers, electrical discharge weapons (tasers), iron clubs, batons and shields, to ensure that
they are not applied indiscriminately and excessively or against peaceful protestors and that they do not
result in an escalation of tension96; and provide systematic training to all law enforcement officers on
the use of force, especially in the context of demonstrations, taking due account of the Basic Principles
on the Use of Force and Firearms by Law Enforcement Officials.97
40. On several occasions, the Committee has expressed concern over the use of certain types of weapons,
including firearms.98 The Committee has recommended States to ensure that the use of weapons is
strictly compliant with the principles of necessity, subsidiarity, proportionality, advance warning and
precaution. 99On electric shock weapons, the Committee has emphasized the need to ensure that a high
threshold for their use is established and to prohibit their use on children and pregnant women.100 The
Committee has also recommended firmer regulations vis-á-vis law enforcement personnel authorized
to use electric discharge weapons, as well as closely monitor each use.101 Regarding pepper spray
dispensers, the Committee has called for the adoption of measures to restrict their use, especially in
confined spaces, and to warn against their use on particularly vulnerable individuals, including persons
with mental disabilities and individuals who have been brought under control.102
41. The Committee has expressed concern over increased militarization of public security services and
the prison system, and the proliferation of new security forces and agencies.103
42. Regarding obligations under articles 12, 13 and 14 of the Convention, the Committee has stated
that law enforcement officials involved in excessive use of force incidents ought to be brought to trial
and, if found guilty, be punished in a manner that is proportionate to the gravity of their acts.104 It
has reminded States that they should pass legislation and enforce requirements for every officer on
duty to wear visible identification, reinforcing that such measures help ensure individual accountability
and protection against torture and other ill-treatment. 105The Committee has criticized States for only
89. E
.g. Ukraine, 2014, CAT/C/UKR/CO/6, Burundi, 2014, CAT/C/BDI/CO/2, Spain, 2015, CAT/C/ESP/CO/6, China, 2015, CAT/C/CHN/CO/5,
Armenia, 2016, CAT/C/ARM/CO/4, Peru, 2018, CAT/C/PER/CO/7, Benin, 2019, CAT/C/BEN/CO/3.
90. Guatemala, 2018, CAT/C/GTM/CO/7, Paraguay, 2017, CAT/C/PRY/CO/7.
91. Portugal, 2019, CAT/C/PRT/CO/7.
92. South Africa, 2019, CAT/C/ZAF/CO/2.
93. Colombia, 2015, CAT/C/COL/CO/5.
94. Australia, 2014, CAT/C/AUS/CO/4-5.
95. Denmark, 2015, CAT/C/DNK/CO/6-7.
96. Greece, 2019, CAT/C/GRC/CO/7; Republic of Korea, 2017, CAT/C/KOR/CO/397. T
urkey, 2016, CAT/C/TUR/CO/4; Burundi, 2016, CAT/C/BDI/CO/2/Add.1; Honduras, 2016, CAT/C/HND/CO/2; and Armenia, 2016,
CAT/C/ARM/CO/4.
98. Israel, 2016, CAT/C/ISR/CO/5.
99. UK, 2019, CAT/C/GBR/CO/6.
100. F
inland, 2016, CAT/C/FIN/CO/7.
101. A
ustralia, 2014, CAT/C/AUS/CO/4-5; United States, 2014, CAT/C/USA/CO/3-5; Finland, 2016, CAT/C/FIN/CO/7.
102. D
enmark, 2015, CAT/C/DNK/CO/6-7.
103. H
onduras, 2016, CAT/C/HND/CO/2; Guatemala, 2018, CAT/C/GTM/CO/7; and Mexico, 2019, CAT/C/MEX/CO/7.
104. C
olombia, 2015, CAT/C/COL/CO/5.
105. G
ermany 2019, CAT/C/DEU/CO/6; Russian Federation, 2018, CAT/C/RUS/CO/6; Italy, 2017, CAT/C/ITA/CO/5-6.
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