6 Grasping the nettle: Ending Europe’s Trade in Execution and Torture Technology Whilst the Commission proposals are significant, they fail to effectively address a number of crucial weakness and loopholes in the Regulation and its attendant control regime. If these issues are not tackled directly now by the EU Member States and the European Parliament, this rare opportunity to comprehensively strengthen the control regime and close loopholes that can be exploited by unscrupulous traders will be missed. It is now time for the European Union to “grasp the nettle” and end Europe’s trade in execution and torture technology for good. This report, co-authored by Amnesty International and the Omega Research Foundation, is intended to inform this process, by highlighting existing failings of the control regime through contemporary case studies and by providing realistic and workable policy solutions to these often complex technical issues. The report highlights: n The promotion at EU trade fairs and exhibitions in France, Germany and the United Kingdom, and by companies in the Czech Republic and Germany of equipment banned under the Regulation or Member State national law; n The promotion by companies in the Czech Republic, France, Germany, Poland, Portugal and Slovenia a range of goods not currently prohibited by the Regulation but which are totally inappropriate for use by law enforcement officials and which could facilitate torture or other ill-treatment, including certain direct contact electric shock devices; and the failure of the Regulation to adequately control a further range of goods including restraint chairs, acoustic devices and millimetre wave weapons; n The current lack of EU regulatory control upon brokering activities, the transit of Annex III goods and the provision of technical assistance and training in the use of security equipment by EU companies. Consequently Amnesty International and Omega have developed a range of policy recommendations to close such loopholes and address existing limitations in the control regime, including: n The introduction of effective mechanisms to regulate brokering and related activities undertaken by EU nationals or registered companies (and their subsidiaries) of all goods covered by the Regulation, where-ever such activities occur; n The prohibition on the commercial promotion and marketing within the EU of all Annex II items by EU and non-EU registered companies and individuals; n The introduction of appropriate measures to control the supply of technical assistance including the instruction and training in skills that could aid the commission of judicial executions or torture and other ill-treatment; n The adoption of a targeted end-use control mechanism which would require Member States to suspend or halt a specific transfer of relevant items covered under the scope of the Regulation but which are not listed in the Regulation Annexes, where there is evidence that the specific transfer would be used to carry out the death penalty, torture or other ill-treatment. Amnesty International May 2015 Index: EUR 01/1632/2015