Grasping the nettle: Ending Europe’s Trade in Execution and Torture Technology 11 Examples of the transit of Annex III goods through the Netherlands were highlighted in a 2010 report by Dutch NGO, Campagne tegen Wapenhandel. 33 In August 2008, the Dutch Government introduced a licencing requirement for the transit of military goods (including certain Annex III goods) from a non EU/NATO+ country to another non-EU/NATO+ country via the Netherlands. In contrast, no licence was required for the transit of such goods from EU/NATO+ countries, although such transit was subject to a prior notification requirement.34 The Campagne tegen Wapenhandel report, which analysed information from the Dutch Government, reported the transit through Rotterdam of 1,000 undefined units of pepper spray originating from the U.S. and destined for Uganda.35 The report stated that, “…It’s a mystery why the Netherlands let through a shipment of pepper spray to Uganda, where security forces have become increasingly repressive in recent years.”36 Indeed the media and human rights organisations subsequently documented the unnecessary and abusive use of force, including the inappropriate employment of tear gas and pepper spray, by the Ugandan police, against opposition supporters in April 2011.37 Amnesty International described the misuse of pepper spray by police and unidentified law enforcement personnel in the “brutal arrest” of the opposition leader Dr. Kizza Besigye on 28 April 2011: “…Following a scuffle with the political leader’s aides, government security personnel forced him out of his car on one of Kampala’s roads. The officers broke the car’s windows using gun butts and a hammer, and sprayed cans of tear gas and pepper spray into the politician’s vehicle and directly into the politician’s eye in order to force him and his aides out of the car. The officers then beat the politician and his aides before violently pushing them into a police van and driving them to a Kampala police station. Dr. Besigye suffered various serious injuries, including to his eyes…”38 The Campagne tegen Wapenhandel report also highlighted the apparent transit of 38kg of electroshock weapons, originating in South Africa, through the Netherlands to Germany.39 As the report noted this transit was “remarkable.” For, “although electroshock weapons are freely traded in Germany [and indeed in South Africa], they are “banned for private ownership in the Netherlands.”40 In June 2011 the Dutch Government subsequently informed the Dutch Parliament of its intention to strengthen controls over the transit of certain military goods from EU/NATO+ countries.41 However it is unclear whether this would apply to all goods covered by EC Regulation 1236/2005. Amnesty International and Omega Recommendation: We recommend that the Regulation be amended to remove the exemption for the transit of items falling under Annex III of the Regulation, and that this be replaced by a provision inserted to require specific transit authorization for all items listed in Annex III. 33 Analysis of Dutch arms exports 2010, Campagne tegen Wapenhandel Slijper,F. and de Vries, W. December 2011. See also: Vrij Verkeer, Campaign Against Arms Trade, Slijper, F. January 2011. 34 The term EU/NATO+ countries refers to Australia, Japan, New Zealand and Switzerland in addition to all EU and NATO members. 35 According to the Dutch Government’s 2010 report of the transit of military goods, notification of this transit was made on 12 May 2010. See: http://www.rijksoverheid.nl/bestanden/documenten-en-publicaties/rapporten/2010/12/08/maandrapportage-doorvoer-militairegoederen-mei-2010/mei-2010.pdf (accessed 27 April 2015). 36 Campagne tegen Wapenhandel (December 2011) op.cit. 37 Ugandan opposition leader temporarily blinded in tear gas raid, The Guardian, 28 April 2011. 38 “Stifling Dissent” Restrictions on the Rights to Freedom of Expression and Peaceful Assembly in Uganda, Amnesty International, AFR 59/016/2011, November 2011. 39 According to the Dutch Government’s 2010 report of the transit of military goods, notification of this transit was made on 21 October 2010. See: http://www.rijksoverheid.nl/bestanden/documenten-en-publicaties/rapporten/2011/11/23/maandrapportage-doorvoer-militairegoederen-oktober-2010/oktober-2010.pdf (accessed 27 April 2015). 40 Campagne tegen Wapenhandel (December 2011) op.cit. 41 Letter to the Chairman of the House of Representatives, Netherlands Parliament, from Directorate-General for Foreign Economic Relations, Trade Policy and Globalization Management, 10 June 2011. Index: EUR 01/1632/2015 Amnesty International May 2015