Case study: electric-shock belts in Hungary The proposed introduction of electric-shock belts in Hungary provides an illustration of how this process can work in practice, and the value it can add in the prevention of torture. In 2005, the (CPT) was informed that electric-shock belts were to be introduced in all Hungarian prisons and police establishments by the end of the year. The CPT found that the belts ‘constitute a potentially dangerous and inhumane means of treating detained persons’ and called for ‘detailed information on the Hungarian authorities’ plans to introduce…. (them) and, in particular, on the training provided to staff, the concrete circumstances in which the use of this equipment is envisaged, and any instructions which have been issued in this respect’ (CPT 2006b). This facilitated further enquiries by the CPT, Amnesty International and Omega (Amnesty International and Omega Research Foundation 2012) which resulted in the Hungarian Trade Licensing Office stating that ‘the Hungarian Prison Service Head Office… informed us that the electric shocking belts have never [been] in use’ and that the Prison Service are Section 2: Equipment that should be monitored in places of detention Whilst some equipment is prohibited outright in places of detention, firearms, less-lethal weapons and restraints that are not subject to prohibition can nevertheless be misused for torture and ill-treatment (as noted above) and therefore require careful monitoring. Whilst such weapons and restraints can often be found in prisons and police stations, they can also be used in a wide range of other detention settings, including healthcare, mental health settings and psychiatric units. For the purposes of this Guide , distinctions can be made between: • Firearms, commonly defined as ‘any portable barrelled weapon that expels, is designed to expel or may be readily converted to expel a shot, bullet or projectile by the action of an explosive’ (UN Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, Article 3a). Weapons falling into this category include automatic and semi-automatic weapons, shotguns (often used to fire a large number of small pellets simultaneously) and handguns (e.g. pistols). Whilst firearms are often considered to be synonymous with deadly force, it should be noted that their use does not always result in death, and that some so-called ‘less lethal weapons’ have been found in practice to have deadly effects, under certain circumstances. ‘examin(ing) the possibilities of the verifiable destroying of the devices’. The plans to introduce shock belts also had possible trade controls implications as, under the EU Torture Regulation, electric-shock belts are classified as having ‘no practical use’ other than torture and ill-treatment and are thus subject to an import and export prohibition to and from European Union member states. However, the Hungarian authorities had informed the CPT of the introduction of the belts prior to the entry into force of the Regulation and stated that ‘no such… goods (were) imported after… (it) entered into force’. In this case, paying attention to the weapons and restraints authorised for use in places of detention revealed the planned introduction of equipment deemed to have no use other than torture and ill-treatment and enabled preventative action to be taken before the devices were used. Subsequent enquiries, including to the prison authorities and to trade control officials, resulted in further assurances that the equipment had never been used, had not been imported in breach of trade control legislation and that efforts were being made to destroy them. • Less lethal weapons are those which are designed to ‘subdue or incapacitate’ rather than to cause ‘serious harm or death’ (Bozeman and Winslow, 2005). A range of different weapons can come into this category, including: • Electric-shock weapons, which deliver their effect via the application of electricity. These include projectile electric-shock weapons, which deliver a potentially incapacitating electric-shock through a series of probes and wires and can be used at a distance (such as Taserbrand weapons). It can also include ‘stun guns’ or ‘stun batons’ - sometimes referred to as direct contact electric-shock weapons - which deliver an electricshock when pressed directly against an individual. Unlike projectile electric-shock weapons, they are not designed to produce incapacitation, instead using the pain of the electric-shock to deliver an effect. • Kinetic impact weapons and ammunition (sometimes referred to as ‘rubber bullets’) which are designed to exert an effect by the force of their physical impact and are intended to deliver blunt trauma and pain compliance to subdue the subject (Omega Research Foundation, undated). Kinetic impact weapons come in a range of calibres and sizes and fire a range of ammunition, including plastic, rubber, wooden and foam projectiles. Some firearms can also be converted to fire this ammunition. Hand-held batons (tonfas) would also come into this category, as they also rely on kinetic impact. 10