EN_CPT_AR.book Page 39 Monday, October 25, 2010 5:14 PM
Electrical discharge weapons
Deaths during arrest have been attributed to these medical conditions, in particular
when EDW have been deployed. Therefore, particular caution is warranted and the
use of EDW should be avoided in such a case and, in general, in situations where
EDW might increase the risk of death or injury.
80. The training of officials to be issued with EDW should include information
about when it is inappropriate, for medical reasons, to use them as well as concerning
emergency care (in the event of a fall, burns, wounds from the projectiles, cardiac
disturbances, agitated delirium, etc). Further, once brought under control, a person
who has been the target of an EDW should be informed that the weapon has only a
temporary effect.
81. The CPT considers that anyone against whom an EDW has been used should,
in all cases, be seen by a doctor and, where necessary, taken to hospital. Doctors and
accident/emergency services should be informed of the ways in which persons who
have been the target of such weapons may be affected and of the relevant forms of
treatment, from the standpoint of both physical and psychological health. Further, a
medical certificate should be given to the persons concerned (and/or to their lawyer,
upon request).
Post-incident procedure
82. Following each use of an EDW, there should be a debriefing of the law
enforcement official who had recourse to the weapon. Further, the incident should
be the subject of a detailed report to a higher authority. This report should indicate
the precise circumstances considered to justify resort to the weapon, the mode of
use, as well as all other relevant information (presence of witnesses, whether other
weapons were available, medical care given to the person targeted, etc). The
technical information registered on the memory chip and the video recording of the
use of the EDW should be included in the report.
83. This internal procedure should be accompanied by an external monitoring
element. This could consist of systematically informing, at regular intervals, an
independent body responsible for supervising law enforcement agencies of all cases
of resort to EDW.
84. Whenever it transpires that the use of an EDW may not have been in
accordance with the relevant laws or regulations, an appropriate investigation
(disciplinary and/or criminal) should be set in motion.
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