Grasping the nettle: Ending Europe’s Trade in Execution and Torture Technology 41 The European Commission has recognised that “using mechanical restraints such as handcuffs in order to shackle a prisoner to a fixed object anchored to either a floor, wall or ceiling is not an acceptable restraining technique.”179 The Commission consequently amended the Regulation to prohibit the transfer of restraints specifically designed for shackling prisoners to fixed objects. However the Commission has, to date, refrained from regulating the transfer of “ordinary handcuffs” under the Regulation, despite their ongoing misuse by law enforcement and prison officials. EU-based companies that specifically promote handcuffs to the law enforcement community include the French company, Rivolier Securite Defense, which manufactures a range of metal, textile and plastic handcuffs/restraints (as well as leg restraints) which are marketed to police and military professionals on its website180 and at arms and security fairs.181 Similarly, the Spanish company Larrangaga Y Elorza S.A. which manufactures the Alcyon brand of handcuffs and restraints claims on its website that it has “law enforcement customers” in at least 68 countries.182 On 22 April 2015, in response to an information request from Amnesty International and Omega, Larrangaga Y Elorza S.A [Alcyon] stated: “We support your efforts to control the use of various restraints for abusive and cruel purposes. We ourselves no longer manufacture leg restraints and we take a responsible attitude when marketing our handcuffs, to ensure that they go only to official organizations. The question of the end user is naturally, out of our hands. All our handcuffs are made with consideration for the person under restraint, with a double lock system to protect the wearer from harming himself and they have rounded edges.”183 Amnesty International and Omega recognise that handcuffs are a legitimate tool of restraint if their use is regulated in accordance with international standards. However, their supply to serious and persistent human rights abusing end-users should be restricted. Although EU States do not currently control the transfer of handcuffs, Australia,184 the U.S.185 and Taiwan186 do regulate the trade. Amnesty International and Omega Recommendation: We believe that “ordinary handcuffs” should be treated in the same manner as other law enforcement devices covered by the Regulation whose use may be legitimate if used appropriately and in accordance with international standards, but which have also regularly been misused for torture and other ill-treatment. Consequently, we recommend that “ordinary handcuffs” are added to Annex III and their trade controlled, so as to ensure that the supply of handcuffs to end-users engaged persistently in torture and other ill-treatment using restraint devices is prevented. Restraint chairs, shackle boards and shackle beds A restraint chair usually consists of a metal framed chair into which individuals are restrained by means of a multiplicity of straps or restraints at points including the wrist, elbow, shoulder, chest, 179 European Commission, Commission Implementing Regulation (EU) No 775/2014 of 16 July 2014 180 Rivolier Securite Defense website, http://www.rivolier.com/administration/menottes-et-etuis.html (accessed 6 March 2015). 181 Rivolier Securite Defense promoted their products and distributed marketing materials at the Eurosatory 2014 arms and security exhibition, held in Paris, France from 16-20 June 2014; a copy of the company products catalogue (displaying range of handcuffs and leg restraints) which was distributed at this event is held by the Omega Research Foundation. 182 Larrañaga y Elorza, S.A , http://www.alcyon.es/referencias.php (accessed 14 May 2015). See also the company product catalogue http://www.alcyon.es/down/CATALOGO_ALCYON_2013.pdf (accessed 14 May 2015). It should be noted, that the company provides no further information on the amount and nature of the products provided, when such transactions occurred nor of the identity of its “law enforcement customers”. 183 Email correspondence from representative of Larrañaga y Elorza, s.a. [Alcyon] , 22 April 2015. 184 Australia, Customs (Prohibited Exports) Amendment Regs 2001 (No 1). 5 Jul 2001. Schedule 1 Amendments, (regulation 3) [1] Regulation 2, after definition of licensed exporter, insert, paramilitary equipment means any of the following: (a) batons, clubs, riot sticks and similar devices of a kind used for law enforcement purposes; (b) body armour, including: (i) bullet-resistant apparel; and (ii) bullet-resistant pads; and (iii) protective helmets; (c) handcuffs, leg-irons and other devices used for restraining prisoners; (d) riot protection shields; (e) whips; (f) parts and accessories designed or adapted for use in, or with, equipment mentioned in paragraphs (a) to (e). http://frli.law.gov.au/ s97.vts?action=View&VdkVgwKey=2001B00252&Collection=FRLI&ViewTemplate=frliview.hts 185 The United States Commerce list includes handcuffs under 0A982 “Law enforcement restraint devices…and parts and accessories, n.e.s.United States, Bureau of Industry and Security, Department of Commerce, Revisions to the Commerce Control List to update and clarify Crime Control License Requirements, Federal Register, Vol. 75, No.135, 15 July 2010, http://www.bis.doc.gov/news/2010/fr_07152010. pdf, p. 41082. 186 Taiwan, https://fbfh.trade.gov.tw/rich/text/indexfhE.asp Import regulation: https://fbfh.trade.gov.tw/rich/text/fhj/asp/FHJI090L2. asp?id=I&code_id=363&tran_no=000347 Export regulation: https://fbfh.trade.gov.tw/rich/text/fhj/asp/FHJI090L2.asp?id=E&code_ id=552&tran_no=000347 Index: EUR 01/1632/2015 Amnesty International May 2015