LEFEBVRE: Amnesty International and TASER GUNS

When Carline VandenElsen was "arrested," her baby was cut free from her snugli with a combat knife by a police officer, the mother then was hand-cuffed and put face down on the ground. THEN, even though she was no threat and already in custody, the police tasered her twice.

This is police brutality and further support our request for a public inquiry in the actions of the CAS and the police on May 19, 2004, which resulted in a conviction for both parents who were trying to defend themselves against abuse of power on the part of the CAS and the Halifax police.

Who then should be charged and sentenced? The parents or those who were supposed to serve and protect the child and the parents? The real criminals are not necessarly those who are behind bars today, their baby girl in limbo between foster homes.

Excessive and lethal force?

USA / Canada: Pattern of abuse -- suspend use of taser guns

November 30, 2004

More than 70 people in the USA and Canada have died since 2001, after being electro-shocked with taser guns. While coroners have generally attributed cause of death to factors such as drug intoxication, in at least five cases they have found the taser played a role.

"Tasers have been used by police officers against unruly schoolchildren; unarmed mentally disturbed or intoxicated individuals; suspects fleeing minor crime scenes and people who argue with police or fail to comply immediately with a command," said Amnesty International today as it launched two new reports examining the use of taser guns in the USA and Canada.

Evidence suggests that, far from being restricted to narrowly-defined circumstances in order to avoid lethal force, tasers have become the most prevalent force tool in some police departments. More than 5,000 law enforcement and correctional agencies in 49 US states are currently reported to be deploying or testing taser equipment, with the take-up rate continuing to grow. In Canada approximately 60 police departments have been issued with tasers.

Despite being widely deployed, there has been no rigorous, independent and impartial study into the use and effects of tasers, particularly in the case of people suffering from heart disease, or under the influence of drugs.

"Many experts believe taser shocks may exacerbate a risk of heart failure in people who are under the influence of drugs or suffer underlying health problems such as heart disease, risk factors present in many of the cases we examined," said Amnesty International.

Tasers have been purchased by the US army, including for use in Iraq. The US Air Force is reported to deploy tasers aboard aircraft carrying suspected al-Qa’ida members to Guantánamo Bay, Cuba. While few details have been provided about the use of tasers by US military forces, one of the units deploying them in Iraq in 2003 was the 800th Military Police Brigade, accused of grave abuses in Abu Ghraib prison.

Amnesty International’s concerns about deaths and ill-treatment involving police use of tasers
November 30, 2004

Deaths in custody (Canada)

Within the last fifteen months, nine people have died after being shocked with a taser by law enforcement officials in Canada. More than 60 people have died in the USA after being hit with police tasers in the past three years. While coroners have usually attributed the deaths to other factors, such as drug intoxication, some medical professionals believe taser shocks may exacerbate a risk of heart failure in cases where people are agitated or under the influence of drugs, or have underlying health problems. Furthermore, in at least five recent US cases, coroners have found the taser directly contributed to the deaths, along with other factors such as drug intoxication and heart disease.

The rising death toll heightens Amnesty International’s concerns about the potential health risks involved in taser use. While the manufacturers claim the electrical output of tasers is far below the threshold that would trigger cardiac ventricular fibrillation (severe disturbance of the heart rhythm), there remains a lack of rigorous, independent research into the medical effects of such weapons.

While there is a limited amount of literature describing the clinical experience of earlier tasers, there has been virtually no independent, medical literature published to date on the effects of the more powerful M26 or X26 tasers currently deployed in the USA and Canada. The only medical studies prior to the marketing of these new generation taser models were tests on animals commissioned by the company; none of these studies has been peer reviewed by independent medical experts. Meanwhile, a number of medical experts have continued to raise concern that tasers may have adverse effects on certain vulnerable groups, including those under the influence of certain recreational drugs – often the very people who have come into contact with police tasers. Further information on health concerns relating to tasers, and studies or reports conducted to date, is contained in Amnesty International’s report on police taser use in the USA, published in conjunction with this report.(6)

Amnesty International is further concerned that many of the nine men who died in Canada were subjected to high levels of force, including other restraint procedures in addition to the electro-shocks. These procedures include hogtying, chest compressions and pepper spray, all of which can dangerously restrict breathing especially when combined with other force. While autopsies are still pending in some cases, Amnesty International is concerned that these restraints may also have been a contributory factor in some deaths.

In six of the nine cases reviewed, the deceased appear to have been coerced into restraint positions which have been associated with deaths in custody from "positional asphyxia". Such positions include being held face-down on the ground with weight or pressure applied to the chest. [Note: this is exactly what happened to Carline VandenElsen. She was already cuffed, face down on the ground with her hands in front of her when the police officer tasered her. Not once, but twice].

Individuals who are obese, have underlying heart disease and/or who are severely agitated or intoxicated from drugs or alcohol are believed to be at increased risk from such procedures.

In at least five cases, the deceased were placed in a "hogtie" or "hobble restraint", with their wrists or elbows bound behind them to their shackled ankles. This form of restraint is believed to be a particularly dangerous and potentially life threatening procedure, especially if the subject is in a prone position.(7) Standard-setting bodies discourage the use of hogtying and urge that law enforcement officers avoid holding anyone in restraints, even handcuffs, in a face-down position.(8) While some US departments have banned hogtying Amnesty International is disturbed that police departments in Canada still authorize such procedures.

Several of the deceased were pepper sprayed before being tasered. Pepper spray, which acts on the mucus membranes and respiratory system, can further restrict breathing and has been associated with in-custody deaths in the USA and Canada. Amnesty International is concerned that use of multiple restraint techniques, including pepper spray, might increase the risk of respiratory failure.(9) In two cases (see below), an unarmed suspect died after being pepper-sprayed, electro-shocked and restrained.

Positional asphyxia was listed as a direct cause of death in one of the cases examined, and use of restraints was noted as a contributory factor in another. In other cases, however, restraint was not listed as a causal or contributory factor even though death or loss of consciousness appears to have occurred very shortly after the use of restraints.

Experts have noted that multiple factors may play a role in deaths where restraints have been applied, particularly if other risk factors are involved. Amnesty International believes that all the cases require further evaluation. They also underscore the need for clear protocols and training for law enforcement officers on use of restraints and how to avoid excessive or dangerous force when dealing with people with mental health problems and/or acute behavioural disturbance.