Abstract:

Pepper spray has become an instrument widely used by law enforcement officers while dispersing demonstrations, especially in the last decade. This fact can be observed in a number of countries including Turkey. Police forces resort to pepper spray intensively in the case of intervention to demonstrations. This article deals with the use of pepper spray as an instrument of force by law enforcement officers in the context of normative and jurisprudential standards of supranational human rights law. The use of pepper spray in contradiction with these standards may potentially amount to the breach of prohibition of torture and ill-treatment. In this context the use of pepper spray by law enforcement officers is subject to these principles: Necessity, proportionality, prevention of injuring third parties, provision of medical assistance in the case of the potential health problems.

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