weapons, particularly LBDs”, and that this was despite “instructions reiterated by the
Director General of the French national police force on 16 January 2019, that the use of
LBDs must be “targeted”, with users aiming “only at the torso or the lower or upper
limbs””.xxxiv A further concern relates to the nature of some of those targeted by such
weapons. For example, French police have reportedly used kinetic impact projectiles against
school children protesting outside suburban schools around Paris in December 2018. A
teacher at Simone de Beauvoir high school stated that a student’s cheek had “burst open like
a split pomegranate” when he was struck with a kinetic impact projectile while talking to
friends and posing no threat.xxxv
Recommendations:
States should prohibit the manufacture and trade of spiked kinetic impact
devices for law enforcement purposes. The use of such devices by law
enforcement and prison officials should be prohibited, and any existing devices
should be removed and destroyed.
Launched kinetic impact ammunition determined to be inherently inaccurate
and indiscriminate (and specifically ammunition containing multiple small
pellets) should be prohibited for use by law enforcement officials in crowd
control or dispersal operations.
States should stringently control the manufacture and trade of all other
launched-kinetic impact weapons or hand-held kinetic impact weapons. The use
of such weapons by law enforcement officials should be strictly controlled and
consistent with regional and international human rights standards, specifically
the UN Basic Principles on the Use of Force and Firearms.
2.3. Riot control agents
Riot control agents (RCAs) are toxic chemicals designed to deter or disable an individual by
producing temporary irritation of the eyes and upper respiratory tract. The most frequently
used RCAs include CN or CS (commonly called tear gas) and OC and PAVA (commonly
called pepper spray). RCAs are generally delivered through aerosol sprays, hand-thrown
grenades, weapon launched projectiles/grenades, as well as via water cannon. Launched
irritant projectiles are the most widely used less lethal munition globally. RCAs are used
around the world for a range of law enforcement purposes, including crowd control and
dispersal and also to facilitate the arrest and restraint of individuals. When used in accordance
with manufacturers’ guidelines and in line with international human rights and use of force
standards, they can provide an alternative to other applications of force more likely to result
in injury or death. However they can easily be misused, including in prison cells and
detention centres, and during large scale policing of public assemblies. When RCAs are used
in excessive quantities or in confined spaces where people cannot escape, serious injury or
death, particularly to vulnerable individuals can result, due to either the toxic properties of the
chemical agents or through asphyxiation.
Spain/Ceuta: Migrants drown at sea following misuse of tear gas
On 6 February 2014, 200 migrants, refugees and asylum seekers from Sub-Saharan Africa
attempted to swim to Ceuta, an autonomous city of Spain on the north coast of Africa, from
its border with Morocco. Members of the Spanish Civil Guard opened fire with tear gas, large
rubber bullets, and blanks to stop their advance resulting in or contributing to the death of at
least 14 people. An additional woman was also reported dead after the incident, though her
body has never been found.xxxvi A Spanish Government representative at first denied the use
of the less lethal weapons. But after footage emerged of the equipment in use, the Spanish