E/CN.4/2005/62
page 11
(b)
To introduce strict controls on the export of other security and law
enforcement equipment to help ensure that it is not used to inflict torture or ill-treatment.
Such controls should include an effective governmental export licensing system, which
includes “end-user” certificates that are guaranteed by the recipient Government, and
“end-use” monitoring by independent organizations;
(c)
To suspend the manufacture, transfer and use of equipment whose medical
effects are not fully known or whose use in practice has revealed a substantial risk of abuse
or unwarranted injury, pending the outcome of a rigorous and independent inquiry into its
use;
(d)
To monitor research and development of security and law enforcement
technologies;
(e)
To collect and disseminate data on the manufacture and trade of security
and law enforcement equipment, disaggregated, among other factors, by discrete product
classification categories, the number of export licences granted, quantities, and destinations
of exports;
(f)
To consider the development of an international regulatory mechanism,
taking due regard of the work in this area that has already been carried out by the
European Commission, in particular, the proposal of a Council Regulation
“Concerning trade in certain equipment and products which could be used for capital
punishment, torture or other cruel, inhuman or degrading treatment or punishment”
(COM (2004) 731 of 29 October 2004);
(g)
To ensure that the transfer of expertise to, and/or training of, military,
security and police personnel of another country does not involve the transfer of skills,
knowledge or techniques likely to lend themselves to torture in the recipient country. The
practical application of relevant international human rights standards and international
humanitarian law should be fully integrated into such training programmes;
(h)
To introduce legislation to control and monitor the activities of private
providers of military, security and police services to ensure that they do not facilitate or
perpetrate torture. Companies and individuals providing these services should be required
to register and to provide detailed annual reports of their activities. Every proposed
international transfer of personnel or training should require prior government approval,
which should only be granted in accordance with publicly available criteria based on
international human rights standards and international humanitarian law.
38.
The Special Rapporteur should examine the situation of trade in instruments used
for torture in the course of his/her country visits and transmit communications to
Governments concerning allegations of trade in security and law enforcement technology
easily used for torture.
39.
The Committee against Torture should examine the question of trade in instruments
used for torture in the course of its consideration of States parties’ reports.
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