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powerless individuals. In extra-custodial settings governed by the law enforcement
paradigm, examples of inherently cruel, inhuman or degrading weapons include:
(a) spiked batons or shields, and any other type of weapon or ammunition specifically
designed or of a nature to unnecessarily aggravate wounds and suffering; (b) stun
belts and any other type of body-worn device capable of delivering electric shocks
through remote control, given that they cause not only physical pain but also constant
emotions of extreme anguish and humiliation, as well as the complete subjugation of
the victim irrespective of physical distance; and (c) certain unnecessarily painful,
injurious or humiliating devices designed to restrain persons in the process of arrest,
such as thumb- and finger-cuffs and -screws. 63
C.
Weapons involving a high risk of torture and other cruel, inhuman
or degrading treatment or punishment
52. Weapons that might not be inherently cruel, inhuman or degrading may
nonetheless carry significant risks of being used in a manner contrary to the
prohibition of torture and cruel, inhuman or degrading treatment or punishment,
thus placing particular emphasis on the requirement of precautions.
53. In the view of the Special Rapporteur, such weapons include certain types of
firearms and ammunition, such as fully automatic weapons and high -calibre and
high-energy expanding bullets, all of which carry a significant risk of causing
unnecessary or excessive injury. They also include a range of “less lethal” weapons,
such as certain types of kinetic impact projectiles, electrical discharge weapons,
chemical irritants, water cannons and disorientation devices. 64
54. In principle, the current trend towards replacing firearms with “less lethal”
incapacitating weapons is positive in that it promotes a differentiated use of force
and aims to minimize harm. 65 At the same time, the widespread availability of
incapacitating weapons also tends to lower the threshold for the use of force and
entails a significant risk of “overuse” in situations in which the desired purpose
could reasonably have been achieved through less coercive, less dangerous and less
harmful means. Moreover, although “less lethal” weapons are designed to
incapacitate while avoiding lethal outcomes, they are also specifically designed to
inflict pain or suffering as a means of repelling or otherwise coercing the targeted
persons. For example, several bodies and specialized organizations have specifically
highlighted the risk of cruel, inhuman or degrading treatment or punishment
associated with the extra-custodial use of electrical discharge weapons delivering
electric shocks through projectiles (for example, tase rs), or upon direct physical
contact (for example, batons, shields or helmets). 66
55. Another issue arising with regard to certain “less lethal” weapons is their
indiscriminate effects, which make it difficult to restrict the use of force and the
resulting harm as required by the principles of necessity and proportionality,
particularly in the presence of innocent bystanders (for example, in crowd control or
hostage-taking). 67 While the indiscriminate nature of a weapon alone does not
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63
64
65
66
67
17-12326
See European Council Regulation No. 1236/2005 and amendments. See also Omega Research
Foundation and Amnesty International, “The human rights impact of less lethal weapons”, pp. 8 -9.
See Physicians for Human Rights and International Network of Civil Liberties Organizations,
“Lethal in disguise: the health consequences of crowd -control weapons”, 2016.
Basic Principles, principle 2.
CAT/C/AUS/CO/4-5, para. 13; CAT/C/USA/CO/3-5, para. 27; Council of Europe, “20th general
report of the European Committee for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment”, 2010, paras. 69-73; and Neil Corney, “Less lethal systems and the
appropriate use of force”, paper prepared for the Omega Research Fou ndation, March 2011, p. 6.
See also Omega Research Foundation and Amnesty International, “The human rights impact of
less lethal weapons”, pp. 17-18 and 26; and Human Rights Council resolution 25/38, para. 9.
19/24
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