54 Grasping the nettle: Ending Europe’s Trade in Execution and Torture Technology Conclusion and recommendations In 2006 the EU introduced the world’s first multilateral trade controls to prohibit the international trade in equipment which has no practical use other than for the purposes of capital punishment, torture or other cruel, inhuman or degrading treatment or punishment; and to control the trade in a range of policing and security equipment misused for such violations of human rights. ‘Council Regulation (EC) No 1236/2005 of 27 June 2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment’ (the Regulation) fills a major gap in human-rights-based export controls. Given its importance, Amnesty International and the Omega Research Foundation have, since its introduction, closely monitored the Regulation’s implementation by Member States, have highlighted limitations in the control regime, and have sought to provide constructive and realistic policy solutions to these problems. Consequently, Amnesty International and Omega welcomed and fed into the Commission’s comprehensive review of the Regulation and its operation; the first part of which resulted in Commission Implementing Regulation 775/2014 of July 2014 significantly expanding the range of goods controlled or prohibited under the Regulation. In January 2014, following its review, the Commission presented proposals to the Council of Member States and the European Parliament for strengthening the Regulation’s operative provisions. Amnesty International and Omega are supportive of many of the Commission’s proposals which focus on long-standing limitations which the two organisations have previously highlighted – and recommend that these elements be adopted and implemented by Member States. Whilst the Commission Proposals are a significant step forward, they fail to effectively address a number of serious weaknesses and loopholes in the Regulation and its attendant control regime. If these are not tackled directly now in this review process, as outlined in the recommendations below, this rare opportunity to comprehensively and effectively strengthen the control regime and close loopholes that can be exploited by unscrupulous traders will be missed. It is now time for the relevant stakeholders in the European Union particularly among Member States and in the European Parliament to ensure that the Regulation fully fulfils its potential and is used effectively to combat and hopefully end Europe’s involvement in the trade in “tools of torture and execution.” Recommendations Brokering and associated services Amnesty International and Omega support the Commission proposals to introduce controls covering brokering activities undertaken from the EU by a legal or natural person or partnership resident or established within the EU. In addition, we recommend that the provisions should also specifically cover instances where: n the brokering activity is conducted outside the EU by an EU registered company, EU national or resident of an EU Member State; n the brokering activity is conducted outside the EU by a non-EU-based subsidiary of an EU company. Amnesty International and Omega recommend that the scope of these provisions should also explicitly include, “transportation, financial services, insurance or re-insurance, or general advertising or promotion” services for Annex II goods and for Annex III and Annex IIIa where the agent knows or has grounds for suspecting that a transfer of such goods is or may be intended to be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment in a country that does not belong to the customs territory of the EU. Amnesty International May 2015 Index: EUR 01/1632/2015