POLICY BRIEF 84 | JUNE 2016
Manufacturing torture?
South Africa’s trade in electric shock equipment
Omega Research Foundation
Summary
Recommendations
1
The trade in law-enforcement
equipment that has no
practical purpose other than for
the purpose of torture and other
cruel, inhuman or degrading
treatment or punishment should
be prohibited.
2
Body-worn electric shock
devices (e.g. stun belts) have
no legitimate law enforcement
purpose and should be banned
for import and export.
3
Hand-held direct contact
electric shock devices
designed for law enforcement
(e.g. stun shields and stun
batons) are prone to abuse and
should be banned for import
and export.
4
Wired projectile electric shock
weapons should be regulated
in the same way as firearms.
5
A targeted end-use control
mechanism for policing
and security equipment would
help prevent the transfer of
weapons that could contribute
to internal repression.
In South Africa, the trade in certain kinds of firearms and military equipment
is controlled for reasons of safety and security. However, there is a gap in
legislation when it comes to the control of law enforcement equipment that
can facilitate torture and ill treatment. This brief examines electric shock
devices as an example of security equipment that needs stronger tradecontrol measures. The brief outlines concerns over the use of electric shock
equipment, and discusses the manufacture of these items in South Africa
and their trade with other countries. It also looks at trade controls currently
used elsewhere, and provides recommendations for changes in the control
measures surrounding these products in South Africa.
VARIOUS TYPES OF ELECTRIC shock devices are authorised for use by South
African law enforcement officials, including stun belts, stun shields, stun batons and
stun guns. The perception of these devices as less-lethal alternatives to firearms
means that there are weaker controls on their use and trade. However, the use of
electric shock devices by law enforcement officials has been associated with serious
abuses, resulting in torture, cruel, inhuman or degrading treatment, injury and, in some
cases, death.
Although there are no trade controls for these devices in South Africa, the use of
certain electric shock equipment has been internationally condemned by UN and
European torture prevention monitors. The European Commission has imposed an
import and export ban on body-worn electric shock equipment, and subjects other
types of electric shock equipment to trade restrictions. The prohibition on torture and
other cruel, inhuman or degrading treatment or punishment is a norm of customary
international law and, as such, is binding on all states. South Africa has ratified
the 1987 UN Convention against Torture and passed its own legislation aimed at
combating and preventing torture. Yet the use of body-worn electric shock weapons
is in clear breach of these norms, while other electric shock devices are also prone
to abuse.