A/72/178
(b) Absolutely prohibit and prevent the development, production, trade
and use of weapons and other means of deploying force that are inherently
cruel, inhuman or degrading;
(c) Require that any other extra-custodial use of force by State agents:
(i) pursue a lawful purpose; (ii) be strictly necessary for the achievement of
that purpose; (iii) cause no harm that would be disproportionate to the benefit
of achieving that purpose and (iv) be planned, prepared and conducted so as to
minimize, to the greatest extent possible, the causation of harm.
B.
Equipment, training and instructions
66. States should ensure that all law enforcement officials are trained,
equipped and instructed so as to prevent any extra-custodial use of force
amounting to torture and other cruel, inhuman or degrading treatment or
punishment. In particular, States should:
(a) Provide mandatory initial and recurring training and instructions
for all law enforcement officials, in both classroom and scenario-based settings,
concerning the lawful use of force, weapons and other equipment, as well as in
the effective implementation of alternative, non-violent methods and tactics,
with a particular focus on preventing any act of torture or other cruel,
inhuman or degrading treatment or punishment;
(b) Regularly monitor the effectiveness of such training in preventing
torture and other cruel, inhuman or degrading treatment or punishment and
other human rights violations;
(c) Equip law enforcement officials with communication devices and
protective equipment such as shields, helmets, bulletproof vests and bulletproof
means of transportation, with a view to prioritizing the de-escalation of any
potential violence and decreasing the need to use weapons of any kind;
(d) Equip law enforcement officials with various types of weapons,
ammunition and other means, including “less lethal” incapacitating weapons,
with a view to allowing for the differentiated use of force aimed at avoiding or,
in any event, minimizing harm and injury.
C.
Weapons reviews
67. In the development, procurement or trading of weapons, including other
means of deploying force and “less lethal” weapons, States should conduct
systematic legal reviews with a view to determining whether the use of such
weapons, in some or all circumstances, would violate the prohibition of torture
and other cruel, inhuman or degrading treatment or punishment, or any other
obligation under international law, or would significantly increase the risk of
such violations occurring.
68. The Special Rapporteur specifically welcomes prohibitions and
restrictions introduced on the trade in certain goods that could be used for
capital punishment, torture or other cruel, inhuman or degrading treatment or
punishment by European Council Regulation No. 1236/2005 of 27 June 2005
and encourages other States to take similar initiatives.
69. The Special Rapporteur supports and reiterates the joint recommendation
made by the Special Rapporteur on the rights to freedom of peaceful assembly
and of association and the Special Rapporteur on extrajudicial, summary or
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