During 2017 the Legal Affairs and Human Rights (LAHR) Committee of the Parliamentary
Assembly of the Council of Europe (PACE) undertook a study to “investigate and report on
trade in security equipment in the member States of the Council of Europe, and subsequently
develop appropriate rules to prevent the trade or brokering of equipment which could
facilitate torture and the application of the death penalty”. On 15 December 2017 the
findings of the LAHR Committee were published for consideration by the PACE.13 The
LAHR findings subsequently formed the basis of PACE Recommendation 2123 (2018)
“Strengthening international regulations against trade in goods used for torture and the
death penalty”, unanimously adopted by the Parliamentary Assembly on 26 January 2018.
PACE Recommendation 2123 (2018) urges all 47 CoE member States to introduce legislation
prohibiting trade in inherently abusive equipment, specifically including execution
technologies and certain components; inhumane restraints; certain whips; and portable
devices unsuitable for riot control or self-protection. Member states are also urged to regulate
the trade in potentially legitimate security equipment that could however be misused; and to
deny authorisation for trade in such goods “where there are reasonable grounds for believing
that they might be used for capital punishment or torture [or ill-treatment] in a third
country”.
In its Recommendation, the Assembly took note of EC Regulation 1236/2005. It recognised
that “this regulatory regime is the most advanced and effective in the world. It represents an
approach that can and should be applied by all Council of Europe member States”. The
Assembly further recognised that “since information sharing and technical co-operation,
which are fundamental parts of any international regulatory mechanism, depend on
normative and procedural compatibility, it is important to harmonise the regulatory systems
of all the Council of Europe member States.”
Consequently, the PACE Recommendation further calls on the Committee of Ministers to:
Provide “technical support” for CoE member States introducing national legislation
addressing the trade in goods used for the death penalty, torture and ill-treatment;
Provide “technical guidance on how to establish and implement an effective
regulatory regime”. This would enable the extension of the existing regime covering
part of the Council of Europe as set out in EC Regulation 1236/2005 to the whole
CoE region.
1.3 Report scope and research methodology
This report provides information on the contemporary development, manufacture, promotion
and trade by CoE-based companies of law enforcement equipment that can be readily
employed for torture, ill-treatment or the death penalty. This equipment is divided into two
types:
inherently cruel instruments with no legitimate law enforcement purpose, whose
manufacture, supply and use should be prohibited;
13
PACE, Legal Affairs and Human Rights Committee, Strengthening international regulations against trade in
goods used in torture and the death penalty, Rapporteur Mr Vusal Huseynov, 15 December 2017.
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