24 Grasping the nettle: Ending Europe’s Trade in Execution and Torture Technology death from “positional asphyxia.”93 Amnesty International also reported on the use of such techniques in a penal institution in Turkey, stating that it “considers that restraint of this kind in a prison cell may amount to torture.”94 The employment of similar techniques – utilising metal hand and foot restraints - resulting in painful ‘leglock’ or ‘hog-tie’ positions, has been recorded by the CPT in Germany95 and Slovenia.96 In its 2008 Slovenian report the CPT stated that: “Several allegations were received of detained persons being placed in a cell for several hours in the socalled “banana” position (i.e. a hyper-extended position with hand and ankle cuffs linked together behind the back), apparently to “calm them down”. The Committee would like to stress that the practice of restraining a person in a hyper-extended position, with hand and ankle cuffs linked together behind the back, is unacceptable; it recommends that police officers receive a clear message in this respect.”97 Similarly, in a 2006 report following its 2005 visit to Germany, the CPT recorded its, “serious misgivings about the combined use of hand- and ankle-cuffs (so-called “hogtie Fesselung”), which, according to police officers met by the delegation, was, on occasion, resorted to.” 98 Furthermore, the CPT noted that, “This painful and potentially harmful technique of restraining a violent/recalcitrant person is prohibited by an internal order of the police in the Land of Berlin. It recommends that this positive approach be followed by the Federal Police and the police services of all other Länder.”99 On 28 April 2015, in response to a request for further information by Amnesty International and Omega about its training activities, Euro Security Products stated: “ESP runs trainings and courses in order to assure correct use of its defensive products (not only in a technically but also legislatively correct way) … When it comes to educational activities, we present various approaches. Either way, however, we always adhere to principle of “proportionate and adequate” with respect to using firstly only the minimum force by the protecting side. The range of enforcement means is however quite wide and there are cases where peaceful means are simply not enough. The range of enforcement means starts from the least harmful to those that could be used only in the most extreme cases of offensive brutality and criminal aggressiveness. Those would be such extreme cases where police are left with no other option but to use a gun. The use of the firearm by the police is the extreme case with significantly worse consequences for the aggressor (permanent disability or even a loss of life). Where the [Amnesty International/Omega] report intends to address the issue of specific law and order enforcement techniques it should with no doubts compare possible alternatives for resolving extreme cases and the likelihood of grave consequences and tragic incidents in case of using the firearms by the police officers. It is our belief that the trainings given by our instructors help to save lives as well as health of individuals and at the end we eliminate fatal outcomes of inadequate solutions.”100 Effective control of technical assistance including training Article 3 of EC Regulation 1236/2005 prohibits, “[t]he supply of technical assistance related to items listed in Annex II [i.e. goods which have no practical use other than for the purpose of capital punishment, torture or other ill-treatment], whether for consideration or not, from the customs territory of the Community, to any person, entity or body in a third country,” as well as the import of such technical assistance into the EU.101 Scope of definition: Under the Regulation, the definition of “technical assistance” encompasses a wide a range of activities including the supply of “any other technical service” taking the form of “instruction, advice, training, transmission of working knowledge or skills” “related to items listed in Annex II,..” 102 Although there is some ambiguity in the wording of the definition, common sense dic93 Amnesty International, USA California: Transgender woman ill-treated and raped in jail, AMR 51/142/2005 – External; Amnesty International, Human Rights Violations: a Summary of Amnesty International’s Concerns, 1 March 1995, AMR/51/25/95. 94 Amnesty International, Europe and Central Asia: Summary of Amnesty International’s Concerns in the Region: July-December 2006, (AI Index: EUR 01/001/2007). 95 Report to the German Government on the visit to Germany carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 20 November to 2 December 2005,CPT/Inf (2007) 18, Strasbourg, 18 April 2007. 96 Report to the Slovenian Government on the visit to Slovenia carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 31 January to 8 February 2006 CPT/Inf (2008) 7, Strasbourg, 15 February 2008. 97 CPT, Visit Report: Slovenia (2006) (CPT/Inf (2008) 7), paragraph 11. 98 CPT, Visit Report: Germany (2005) (CPT/Inf (2007) 18), paragraph 15. 99 CPT, Visit Report: Germany (2005)(CPT/Inf (2007) 18), paragraph 15. 100 Email correspondence to Amnesty International and Omega from the Chief Executive Officer of Euro Security Products, 28 April 2015. 101 EC Regulation 1236/2005, Article 3.1. 102 EC Regulation 1236/2005, Article 2(f). Amnesty International May 2015 Index: EUR 01/1632/2015