Chemical irritants 5.2 OC AND PAVA OC (Oleoresin Capsicum) is an oil at room temperature and is naturally derived from the capsicum species of plant (such as chili peppers). Key Technical Features PAVA (Pelargonic Acid Vanillylamide) is a solid at room temperature, and is a synthetic version of OC. Both OC and PAVA are inflammatory agents, which interact with sensory nerve receptors to produce discomfort, severe pain, and itching or burning, principally in the eyes, respiratory tract, and skin. Inappropriate and excessive use of OC and PAVA is widespread and can result in serious injury or death through factors such as suffocation, allergic reaction, or hazardous overdose. Human Rights Concerns Individuals may react differently to OC and PAVA. Conditions affecting different reactions include excessive application, delivery in an enclosed space, prolonged exposure, pre-existing medical conditions, and, for skin reactions, high temperature and relative humidity. These weapons lack differentiation; if used at a demonstration, for instance, bystanders can also be affected even if they are not the target. CPT: "Pepper spray is a potentially dangerous substance and should not be used in confined spaces." 107 Statements and Standards from Human Rights Bodies European Court of Human Rights: pepper spray “can produce effects such as respiratory problems, nausea, vomiting, irritation of the respiratory tract, irritation of the tear ducts and eyes, spasms, chest pain, dermatitis or allergies. In strong doses, it may cause necrosis of tissue in the respiratory or digestive tract, pulmonary oedema or internal haemorrhaging” 108 ODIHR: “OC... [is] designed to be sprayed into the face of an individual. This is not appropriate for dispersal purposes or to gain compliance, but only as a defence against violent individuals” 109 Examples of Existing Controls The EU Anti-Torture Regulation controls the export of these chemical irritants. The US CCL controls the export of these chemical weapons. Manufacture should be controlled. Proposed Control Trade and transfer should be controlled. Use should conform with international human rights standards. CoE: CPT, Preliminary observations made by the delegation of the CPT which visited Bosnia and Herzegovina from 19 to 30 March 2007 and Response of the authorities of Bosnia and Herzegovina, 16 July 2007, CPT/Inf 107 (2007) p. 34. 108 Oya Ataman v. Turkey, 74552/01, Council of Europe: European Court of Human Rights, 5 December 2006. 109 OSCE/ODIHR, Human rights handbook on policing assemblies, 2016, p. 79. 89

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