The Mossos d’Esquadra may use pepper spray at demonstrations and other gatherings after warning people by voice or loudspeaker, under a new protocol published Wednesday. The rules say the spray should not be directed at people’s eyes and allow its use in cases of passive resistance if a risk assessment makes it advisable.

The protocol replaces rules dating from 2013 and was published one week before a planned general strike over housing. ERC, Comuns and the CUP had called for a new framework after controversy over the use of pepper spray at a pro-Palestinian general strike protest in Barcelona in October last year.

The Barcelona Provincial Court ordered the investigating judge to examine the police response, citing indications that spraying a peaceful protest may have been disproportionate and caused several injuries.

As a general rule, use of the spray must be authorised by the officer in charge of the operation. In an urgent situation involving a sudden, serious risk to people or property, however, the officer carrying it may use it without prior authorisation. If pepper spray is used against passive resistance, the officer must report the circumstances through the chain of command.

Each use must be documented in detail to ensure it can be traced and reported to judicial authorities. The record must include the circumstances, any authorisation, or the reasons for invoking an urgent and exceptional situation.

The protocol says pepper spray should not be used in enclosed spaces or against someone already under police control. It nevertheless allows exceptions in enclosed spaces when the circumstances and risk assessment make its use advisable.

The rules identify situations in which the spray may be used, including demonstrations where public order needs to be restored, prison disturbances requiring authorities to regain control and protect people, and serious public-safety incidents involving public-order units. When circumstances permit, people who may be affected must be warned and given time to comply with police instructions if possible.

Sources: elDiario.es.