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CROWD CONTROL TECHNOLOGIES - Omega Research Foundation

CROWD CONTROL TECHNOLOGIES - Omega Research Foundation

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unstable circulation, hypertensive patients or carriers of heart pacemakers. That the use of the electric<br />

batons may result in a sudden fall in blood pressure and cause the collapse of such a person(. 257<br />

Many suppliers of electro-shock batons have cited research undertaken in 1985 by a professor at<br />

Dusseldorf University, Germany. However, the professor stated that )his expert opinion only referred<br />

to an apparatus type )Paralyser( produced by the company Dicom Electronics Ltd, which was on the<br />

market at the time( and that )as far as I know this specific model we examined is not any more on the<br />

market..it is the nature of things that risk assessments only apply to a very concrete version of an<br />

apparatus of this kind and that it is impossible to derive any general clearance certificates in respect to<br />

technical variants of these systems(...)If manufacturers refer to my expert opinion as proof their<br />

products are unobjectionable, they do so without being authorised(. [emphasis added]. 258<br />

An increased awareness of the dangers of stun weapons amongst the medical profession is<br />

emerging - illustrated by reports of their possible involvement in the sudden deaths of men restrained in<br />

the prone position by police officers. 259<br />

4.3.2 Effects from the deployment of stun weapons. Whilst the health and safety impacts of the stun<br />

weapons intended effects are disputed, it is clear that there are a number of negative impacts caused<br />

by the deployment of such weapons. Some of these effects have unintended or unforeseen<br />

consequences and result from the interaction with other crowd control technologies or their facility to<br />

induce panic or fear reactions. For example, it was reported in 1990 that New York police officers use<br />

of a stun gun inadvertently set fire to a young boy who had been sprayed with pepper-spray which<br />

contained a flammable propellant. 260<br />

An incident in Tembisa, South Africa in 1996 also highlighted the dangers associated with the<br />

deployment of electric batons for crowd control purposes. Following the use of electric batons by<br />

railway security personnel, 16 passengers were crushed to death in the ensuing panic. The<br />

subsequent inquiry established that there was no legal or regulatory framework within which electric<br />

batons were manufactured, sold or used in South Africa. The inquiry recommended that )the use of<br />

electric batons be banned in South Africa. This should remain the case until a regulatory framework<br />

exists for the manufacture, sale and use of electric batons and reliable and independent medical and<br />

legal research establishes that the use of the electric baton on any person would not subject such a<br />

person to cruel, inhuman and degrading treatment or punishment.( 261<br />

Stun weapon manufacturers and law enforcement agencies recognise the need for adequate<br />

training before deployment of these weapons. However, even where training is available and existing<br />

systems or accountability and oversight are in place there have been reports of unacceptable use. For<br />

example, it was reported that the )Greek Government had outlawed the use of such weapons by law<br />

enforcement agencies following cases of severe ill-treatment by the Greek police(. 262 If stun weapons<br />

are deployed there is a clear requirement for effective personnel training; effective and transparent<br />

recording of usage, together with the establishment and maintenance of appropriate accountability and<br />

disciplinary procedures. However, the considered view of this report is that they should no longer be<br />

deployed or traded in Europe.<br />

5. ABUSE OF <strong>TECHNOLOGIES</strong><br />

There are many and varied ways in which either the design or the operational usage of crowd<br />

control weapons facilitate human rights violations. Abuse of these weapons consists of the breach of<br />

several layers of alleged safeguards. These include undermining set rules of engagement; a failure to<br />

ensure that any deployment of force is appropriate, transparent and accountable and the inherent<br />

characteristics of the technology itself which might lend themselves to abuse. To understand<br />

abusability we also need to understand the context and the extent to which police and military culture<br />

permit or even encourage such abusability and whether or not these cultures punish members who<br />

breach extant human and civil rights protocols. One of the most undermining trends in recent years is<br />

the militarisation of the police which has cross-fertilized what should be two very different operational<br />

xxxiv

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