every State’s obligations under the UN Convention against Torture. Likewise, the UN General Assembly (UNGA) in its biannual Torture Resolution has consistently urged States to introduce effective controls in this area, in November 2017 calling upon all States to “take appropriate effective legislative, administrative, judicial and other measures to prevent and prohibit the production, trade, export, import and use of equipment that has no practical use other than for the purpose of torture or other cruel, inhuman or degrading treatment or punishment”9 A further important recent development has been the launch in September 2017, of the “Global Alliance to end trade in goods used for capital punishment and torture”. This Alliance, led by the European Union, Argentina and Mongolia, currently has 58 participating States signed up to a political declaration pledging them to “act together to further prevent, restrict and end trade in” such goods; to “take effective measures, inter alia through legislation and effective enforcement where appropriate, for the restriction of the trade” in them; to “strengthen cooperation in this area and to form a global network of Focal Points for the sharing of information and best practices”; and “to make available technical assistance for the design and implementation of relevant legislation”.10 At the regional level in Europe considerable advances have been made. In May 2005 the EU adopted Council Regulation (EC) No. 1236/2005 concerning trade in goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment (EC Regulation 1236/2005). This Regulation, which entered into force on 30 July 2006, filled a major gap in human-rights-based export controls, introducing unprecedented trade controls binding on all EU Member States on a range of security equipment. It has been progressively strengthened, with the latest amendments in Regulation (EU) No.2016/2134 extending its coverage to prohibitions on promotion, brokering and transit of torture and death penalty goods across the EU, among other provisions.11 1.2 Council of Europe mechanisms to tackle the trade in tools of torture Whilst Council of Europe member States which are part of the European Union are directly bound by EC Regulation 1236/2005, there are to date no comparative measures in place for non-EU CoE member States. Recently however important normative statements and calls for action in this area have been made by CoE bodies. On 2 March 2016 the CoE Committee of Ministers in their Recommendation CM/Rec(2016)3 on human rights and business, stated that: “In order not to facilitate the administration of capital punishment or torture in third countries by providing goods which could be used to carry out such acts, member states should ensure that business enterprises domiciled within their jurisdiction do not trade in goods which have no practical use other than for the purpose of capital punishment, torture, or other cruel, inhuman or degrading treatment or punishment.”12 9 UN, General Assembly, Resolution on torture and other cruel, inhuman or degrading treatment or punishment, 6 November 2017, Third Committee, Seventy-second session, A/C.3/72/L.20/Rev.1, paragraph 19. 10 Global Alliance to end trade in goods used for capital punishment and torture, Political Declaration, 18 September 2017, New York. For details of current participating States and activities see: http://www.torturefreetrade.org/ (accessed 30 November 2017). 11 EU, Council Regulation (EC) No 1236/2005 concerning the trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment, 27 June 2005, http://eurlex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02005R123620170317&qid=1504033420275&from=EN (consolidated version) (accessed 27 November 2017). 12 CoE, Committee of Ministers, Recommendation CM/Rec(2016)3 of the Committee of Ministers to member States on human rights and business, Adopted by the Committee of Ministers on 2 March 2016 at the 1249th meeting of the Ministers’ Deputies, paragraph 24. 8