EN_CPT_AR.book Page 37 Monday, October 25, 2010 5:14 PM
Electrical discharge weapons
73. Having regard to the limits of its mandate, the CPT has been reluctant to adopt
a firm position vis-à-vis the use of electrical discharge weapons in the context of
operations for the maintenance or restoration of public order (e.g. control of
demonstrations). That said, in the light of the principles set out in paragraph 70
above, the resort to EDW during such operations can be considered inappropriate
unless there is a real and immediate threat to life or risk of serious injury. The law
enforcement officials involved will (or should) have at their disposal other means of
protection and action that are specifically adapted to the task in hand. It is
noteworthy that some police forces in Europe have excluded the use of EDW in the
course of operations to control public demonstrations.
74. Particular reference should be made to stun belts and similar devices. The CPT
has made clear its opposition to the use of equipment of this kind for controlling the
movements of detained persons, whether inside or outside places of deprivation of
liberty. Such equipment is, in the Committee’s opinion, inherently degrading for the
person to whom it is applied, and the scope for misuse is particularly high.
Alternative means of ensuring security during the movements of detained persons
can and should be found.
Instructions and training
75. Following any decision to issue EDW, the authorities concerned must ensure
that detailed instructions are disseminated within the services which will have such
weapons at their disposal. Further, the officials who may use the weapons must be
specifically selected – taking into account their resistance to stress and faculty of
discernment – and suitably trained. An in-service training programme should be put
in place together with regular testing (see also paragraph 80).
Technical aspects
76. As with any weapon system, before the EDW in question are made available
they should be the subject of a technical authorisation procedure. This procedure
should, in particular, ensure that the number, duration and intensity of the electrical
discharges is limited to a safe level. The CPT knows of cases in which persons
deprived of their liberty have been subjected to several electrical discharges in quick
succession; such excessive, unnecessary use of force certainly qualifies as illtreatment. In addition, provision should be made for a regular maintenance/
servicing procedure.
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