Pain compliance, disability and torture:Lessons from Chile and Colombia on the use and effects of less lethal weapons

Abstract

The design, operation, and deployment of certain less-lethal weapons (LLWs) is justified on the technical principle of pain compliance. Such devices allow state authorities to use force in contexts where the use of conventional firearms is not justified, such as in protests or evictions. However, their use can result in injury and serious consequences for those subjected to the use of force. Focusing on eye injuries caused by kinetic impact projectiles during social protests in Chile and Colombia as a starting point, this article problematizes this technical principle from the perspectives of criminology, policing studies, and disability studies. We delve into the effects of these weapons, including the proliferation of permanent disabilities among injured individuals. We argue that, in their attempt to avoid lethality, the design of less-lethal weapons overlooks, on the one hand, the possibility of causing these disabilities and, on the other, how their possible uses might constitute torture. Furthermore, patterns of use in crowd control and detention contexts have a significant impact on persons with disabilities, highlighting the need to adopt a disability justice perspective when assessing and monitoring these weapons. We conclude by offering recommendations for practice and potential avenues for future research stemming from our initial reflections on less-lethal weapons, policing, and disability.