14 4.2 LEGAL REVIEW, TESTING AND PROCUREMENT 4.2.1 States shall ensure that, prior to the procurement of, and equipping of law enforcement officials with, less-lethal weapons or items of related equipment, a legal review is conducted to determine whether this would, in some or all circumstances, be prohibited by any rule of international or domestic law, in particular human rights law.49 4.2.2 As part of the legal review, testing should be conducted independently of the manufacturer and in accordance with recognized standards. Testing should take into full account both the required and the potential capabilities and effects of the weapons, and should be based on impartial legal, technical, medical and scientific expertise and evidence.50 Testing should evaluate the effects of all reasonably likely or expected uses of the weapons. Particular consideration should be given to assessing the potential effects of using less-lethal weapons and related equipment against individuals who may be especially vulnerable.51 4.2.3 Less-lethal weapons and related equipment whose designated, expected or intended use does not comply with the rules governing law enforcement, or which presents undue risk of loss of life or serious injury to anyone, including criminal suspects, bystanders or law enforcement officials themselves, shall not be authorized for procurement, deployment or use. Human Rights Council resolution 38/11, para. 16. See also article 36, Additional Protocol I to the 1949 Geneva Conventions; African Commission on Human and Peoples’ Rights, General Comment on the Right to Life, para. 30. 50 Human Rights Council resolution 25/38, para. 15. See also the report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment (A/72/178); and UNODC/OHCHR, Resource book on the use of force and firearms in law enforcement. 51 See for example Taser International, “TASER® Handheld CEW Warnings, Instructions, and Information: Law Enforcement”, 1 March 2013, p. 3; and Environmental Defender’s Office (ACT) (Australia), The Risks of Use of Capsicum Spray and Pain Compliance Techniques against Public Gatherings, Police Powers of Crowd Control, Submission to ACT Legislative Assembly Legal Affairs Committee Inquiry, June 2005. 49