E/CN.4/2005/62
page 5
human rights programme with three interlinked components: treaty bodies, special procedures,
and technical cooperation”. In addition to the heads of human rights field presences, the
participants included the Board of Trustees of the United Nations Voluntary Fund for Technical
Cooperation in the Field of Human Rights, and a representative of the treaty bodies.
11.
On 25 November 2004, the Special Rapporteur participated in a meeting with the
Committee against Torture, with a view to strengthening collaboration between the two
mechanisms.
II. STUDY ON THE SITUATION OF TRADE IN AND PRODUCTION
OF EQUIPMENT WHICH IS SPECIFICALLY DESIGNED TO
INFLICT TORTURE OR OTHER CRUEL, INHUMAN OR
DEGRADING TREATMENT, ITS ORIGIN, DESTINATION
AND FORMS
12.
Pursuant to the request of the Commission on Human Rights to study the trade and
production of equipment specifically designed to inflict torture or other cruel, inhuman or
degrading treatment (resolutions 2001/62, para. 9 and 2002/38, para. 13), the Special Rapporteur
presented a preliminary study at the fifty-ninth session (E/CN.4/2003/69; see also
E/CN.4/2004/56, paras. 66-68).
13.
The Special Rapporteur noted therein that the allegations of torture that he has received
from all regions of the world have involved instruments such as restraints (e.g. shackles, chains,
bar fetters, leg irons, thumb-cuffs and shackle boards), electro-shock weapons (e.g. batons; stun
guns, shields and belts; and tasers), kinetic impact devices (e.g. lathis, truncheons and sjamboks),
and chemical control substances (e.g. tear gas and pepper spray). While some of the cases have
involved the use of equipment which is inherently cruel, inhuman or degrading, and would per se
breach the prohibition of torture, the vast majority have involved the misuse of those
instruments, legitimate in appropriate circumstances, to inflict torture or other forms of
ill-treatment. Moreover, instruments never designed for law enforcement purposes (e.g. garden
hoses, electrical extension cords and plastic pipes) are often implicated in allegations of torture
and ill-treatment. These observations are consistent with existing research, which indicates that
only a fraction of the equipment used for torture is “specifically designed” for that purpose
alone. The scope of the use of the instruments, the nature of their effects, and the international
legal standards that restrict their use and require adequate training and accountability of law
enforcement personnel have been well documented and discussed elsewhere.1
14.
Despite an international legal framework in place to prohibit and prevent torture and
ill-treatment, the use (or misuse) of these instruments continues to be facilitated by a lack of
implementation of these international standards. Moreover, it is facilitated by a lack of specific
measures to control the trade and proliferation of such instruments.
15.
In resolution 2004/41, the Commission on Human Rights requested the Special
Rapporteur to carry out further work with a view to finding the best ways to prohibit the trade
and production of equipment specifically designed to inflict torture or other cruel, inhuman or
degrading treatment, and to combat its proliferation. The present report builds upon the findings
of the preliminary study, and uses them as a point of departure to outline an effective and
efficient policy strategy to prevent the spread of “torture technology”, i.e. commonly used
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