The media, civil liberties groups and human rights organisations have reported several
instances of inappropriate activation of body-worn electric shock devices during judicial
proceedings in the United States of America.xviii For example, in July 2014 in Maryland, a
judge ordered a shock device attached to a defendant’s ankle to be activated when the
defendant, who was representing himself, verbally interrupted the judge. The defendant
reportedly screamed out three times and fell to the ground when the 50,000- volt shock was
administeredxix later stating that “It felt like fire went through my back,". xx In March 2016,
the judge pleaded guilty to a misdemeanor civil rights violation for ordering this
inappropriate activation. The court sentenced him to one year's probation, fined him $5,000
and ordered him to take anger management classes. Maryland's highest court also banned him
from the bench for life.xxi
2.1.3. Projectile electric shock weapons
Projectile electric shock weapons were developed for law enforcement officials to
incapacitate an individual at a distance. Most models hold one or more cartridges which can
fire two barbed darts attached by thin wires to the launch device, at an individual, from
several metres. The darts attach to a person’s body or clothing, delivering an incapacitating
high voltage electric shock that causes the subject to lose neuro-muscular control and
collapse. Depending on the model, the shock can be continuous and prolonged (up to several
minutes) if the trigger is held down, repeated numerous times if retriggered, or can be
interrupted. Some projectile electric shock weapons are also equipped with “drive-stun
mode”, which applies a localised electric shock by direct contact with the skin or clothing,
without having to fire a cartridge. This causes intense pain only, not incapacitation.
When deployed by highly trained police officers as a projectile in a stand-off situation to
prevent an imminent threat of serious injury or death, such projectile electric shock weapons
can be a legitimate alternative to firearms. Law enforcement officers authorized to use such
weapons must abide by regional and international policing standards on the use of force and
firearms, and should always be under a strict system of supervision and accountability so as
to ensure that such standards are fully met.
The UN Committee against Torture has recommended that “electrical discharge weapons
are used exclusively in extreme and limited situations – where there is a real and immediate
threat to life or risk of serious injury – as a substitute for lethal weapons and by trained law
enforcement personnel only”.xxii Furthermore the Committee recommends “establishing a
high threshold for their use…expressly prohibiting their use on children and pregnant
women…[and that such weapons]…should be inadmissible in the equipment of custodial staff
in prisons or any other place of deprivation of liberty.”xxiii
Recommendations:
States should prohibit the manufacture and trade of all direct contact electric
shock weapons and body worn electric shock devices intended for law
enforcement purposes. The use of all direct contact electric shock weapons and
body worn electric shock devices by law enforcement officials should be
prohibited and all existing stocks of such weapons and devices should be
removed and destroyed.
States should stringently control the manufacture and trade of projectile electric
shock projectile weapons specifically intended for law enforcement purposes.
The use of such weapons by law enforcement officials should be consistent with
regional and international human rights standards, specifically the UN Basic