PART III.  INSTRUMENTS OF FORCE Over the years numerous studies have assessed the use of the taser, while courts have also addressed issues related to the use of the taser through national jurisprudence.207 In some cases, the taser has been found to have been used irresponsibly against someone driving or standing on a high building, persons with mental health issues or those with other health problems, in combination with another instrument of force, most typically pepper spray. There is jurisprudence that also addresses situations where the taser has been used repeatedly on an individual, sometimes up to six or seven times, well beyond the time when there was a legitimate law enforcement reason to continue to use this type of force.208 In fact, “tasering” someone more than twice may be an indication the device isn’t working or is not effective on this particular subject, and other options for the use of force should be considered.209 A law enforcement official who uses an electroshock weapon should be able to justify its initial use, as well as each subsequent application, as each application of shock must meet the standards of necessity and proportionality. Some countries, including the United Kingdom and the Netherlands, require that anyone who has been subjected to the taser be provided with an information leaflet describing the taser, its mode of operation and effects. Anyone who has been “tasered” should undergo a medical examination and after that, close monitoring to identify as soon as possible any health risks that may occur as a result. Where the need for medical attention is urgent, this should take precedence over transferring the subject to a custody suite.210 Any instance of the use of a taser on a person should be recorded in the custody record, including whether or not an information leaflet has been provided. Any use of an electroshock weapon should be reported. The device contains a computerized function that retains data of all discharges of the device. RECORDING OF ISSUANCE OF TASERS AND THEIR COMPONENTS In Chicago, United States, at every start of a “tour of duty”, the unit should account for all the tasers they are provided with, and for this reason prepare a log, to record issuance and receipt of the taser and its component parts. The log must contain the serial numbers of each taser and all the cartridges distributed.a a See Chicago Police Department, Directives: Uniform and Personal Equipment—Taser Devices: http://directives.chicagopolice.org/directives/ Similarly to chemical irritants, any use of electroshock weapons should be monitored, for example by the National Human Rights Institution (NHRI), including on its medical effects. In addition, the need for “long-term monitoring of the use of such devices in order to flag up medical risks that have not previously been identified, and to increase our understanding of the effects of repeated exposures on targeted individuals”211 needs to be stressed. Such data should be utilized 207  For relevant case law and other findings, see the Weapons Law Encyclopaedia by Geneva Academy of International Humanitarian Law and Human Rights, 2013. 208  See United Nations Committee Against Torture (CAT), Conclusions and Recommendations of the Committee against Torture: Portugal (CAT/C/PRT/CO/4), 19 February 2008, para. 14. 209  Charlie Mesloh, Mark Henych and Ross Wolf, Less Lethal Weapon Effectiveness, Use of Force, and Suspect and Officer Injuries: A Five-Year Analysis, National Institute of Justice, September 2008: https://www.ncjrs.gov/pdffiles1/nij/ grants/224081.pdf 210  Ibid. 211  Omega Research Foundation (2011). 93

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