Actually, from what I gather in the news story in the OP, the committee seems to be more concerned about the potential for unlawful discrimination by police in the use of the Taser as against certain groups, particularly the ethic Maori and young persons.
That's because they commit most of the crimes. The report's remarks on that aspect are perhaps the most bizarre of all, particularly as it can really only be a socioeconomic issue, and therefore well outside relevance for the UN's committee on torture. What is an international committee on torture doing remarking on the ethnic make up of prison populations? What's the relevance?
...snip...
Thoughts, anyone? Is the use of a taser really torture? Has the UN redefined the term "torture" to such a degree that it has become meaningless?
The severe pain they caused could be seen as a form of torture and could even kill someone.
That could hamper investigations into allegations of acts of torture and ill-treatment by the police, the committee said.
From what I read in the linked article in the OP, the issue was about them being used in a prison (which would fall under the definition of torture), not by police trying to apprehend a suspect.That's exactly my understanding of torture. As such I don't understand the UN's issue with police having tasers. The only thing I can conclude is they feel there's a risk police will use the tasers for the purpose of torture.
That's because they commit most of the crimes.
gumboot said:What is an international committee on torture doing remarking on the ethnic make up of prison populations? What's the relevance?
Tasers are frequently used in prisons. In training, we were shown numbers of videos taken in "custodial" situations. One of the most common problems is the prisoner who barricades himself in his cell. Often they are undergoing some sort of mental-health issue.
And again, these would not be torture, by definition. However, if you've got a guy already in your custody and you use a taser to intentionally inflict severe pain to get information, a confession or as punishment, then it would be torture. I think the U.N. is concerned that they may be using the taser as punishment. That's a no-no.The tactic previously was to essentially force entry and take the prisoner down by sheer force with several guards. Hazardous for all....
The Taser can quickly incapacitate even large, muscular, or drug-fueled prisoners.
Breaking up altercations between prisoners safely is another use.
If I was in trouble with a law officer armed only with a taser I'd cooperate to the fullest to avoid being tased. I don't care how innocent I was or how unfairly I felt I was being treated I'd do what the cop said.UN expresses concern about Tasers in NZ
Okay, so hopefully we can move on from debating waterboarding, which is quite obviously being utilised as torture, and into an area where I think there actually is room to debate.
New Zealand is about to introduce tasers for frontline police officers in an effort to provide them superior protection without moving to the extent of having a fully armed police force (New Zealand police are not normally armed).
My understanding is the tasers we are to use are of the single-fire mode that lets out a single shock, rather than the type where you hold the weapon against a person and use it as many times as you wish.
As the linked article explains, the UN are not happy about this.
Now, the grounds on which the UN claims tasers are a form of torture is that they can cause severe pain and even death.
The same, of course, could be said of any sort of weapon police might use. Most notably firearms, which certainly can cause severe pain and even death.
Does anyone really grasp the UN's point here? Are they seriously saying that anything that can cause severe pain or death is torture?
My understanding is that torture is about the purpose and technique employed, not the instruments. Water can be used for torture, as we know.
I can only think of two real suggestions.
1) If you inflict any sort of pain on someone you're torturing them.
2) New Zealand police, issued an instrument that could be utilised to torture people, will almost certainly do just that.
To which I respond:
1) The UN has clearly lost its marbles.
2) New Zealand police already possess instruments that could be utilised to torture people, but don't seem inclined to do so.
Thoughts, anyone? Is the use of a taser really torture? Has the UN redefined the term "torture" to such a degree that it has become meaningless?
The official data does say Maori represent half of the victims and offenders. I don't think Gumboot implied the cause was genetic and not economic and social.How can anyone know who commits most of the crimes? Who gets arrested doesn't indicate who commits the most crimes. It only indicates who gets arrested for crime most often.
Those numbers can reveal, among other things, disparity, discrimination, and racism in the population as a whole.
Māori are of special interest within the criminal justice system because they are the indigenous people of New Zealand and are also over-represented within the system. Māori represent roughly half of all criminal justice offenders and victims, a proportion far greater than would be expected for the size of the population. There is an urgent need to address this over-representation for the benefit of Māori and New Zealand society as a whole.
There is a clear need for all datasets to be able to be disaggregated by ethnicity (and by age, gender, and location) to establish and monitor the extent of offending by Māori, victimisation of Māori, interventions that work well for Māori, and Māori rehabilitation.
There have been significant pieces of work on Māori and the justice system over the years, including:
Heh, this reminds me of my first thread, Linky.
While tasers are used instead of shooting, they may also be used "because they can" in situations where they would not inflict such pain otherwise.
And also not even remotely a form of torture since the person is not already in custody or control (one of the legal requirements for torture in the C.A.T.)The much-discussed use of the Taser in the "Don't Tase me, Bro!" incident was in fact a "pain compliance" use.
The individual, while loudly protesting (he's a known agitator with several such incidents in the past) was resisting being handcuffed, likely to prolong the "scene".
the officer with the taser removes the "air cartridge" (the business end with the darts) and applies the device in it's "drive stun" (Taser's terminology) mode.
This inflicts pain, but does not result in the strong muscle contractions that the darts do.
The weapon is not fired in it's normal mode, the officers wrestling with the individual are not told to "clear", the mandatory "Taser, Taser Taser!" warning is not issued, etc.
Entirely appropriate, in my view.
Thoughts, anyone? Is the use of a taser really torture? Has the UN redefined the term "torture" to such a degree that it has become meaningless?