Tools of Torture and Repression in South America
to unload, store or destroy the equipment on board.223 While carrying out inspections of this kind are
a step in the right direction, it is incumbent on states to effectively control the transit of military and
law enforcement equipment through their territory.
Brokering: It is important that countries also control the brokering of law enforcement equipment,
i.e. arranging the transfer of equipment between third countries, where the items do not enter the
broker’s own country. In Peru, the manufacture, trade or use of weapons and related equipment
without authorisation is prohibited by law.224 However, trade is defined as ‘activities of import, export
and internal trade’.225 This narrow definition does not cover brokering activities, which suggests
individuals operating under Peruvian jurisdiction, including Peruvian nationals operating outside of
Peru, could broker the transfer of law enforcement equipment, including goods which may serve no
purpose other than to inflict torture or other forms of ill-treatment, between third countries without
any oversight whatsoever.
Human rights safeguards: When deciding whether or not to grant a licence for the export, transit or
brokering of law enforcement equipment, relevant bodies should pay particular heed to both the type
of equipment involved and the human rights record of the end user, evaluating the risk of the
equipment being used to carry out or facilitate torture or other ill-treatment or internal repression.
Brazilian exports of law enforcement equipment to countries with poor human rights records suggest
that the government does not have sufficiently robust human rights safeguards in place.
In Argentina, when the National Weapons Registry (RENAR) receives an export licence application, the
Ministry of Foreign Affairs and Culture provides an opinion on the political conditions in the
destination country. The Ministry is expected to give particular importance to international human
rights standards and embargoes or sanctions placed on the importing country by the UN, the OAS or
other international organisms.226 Unfortunately, the limited data available on exports of equipment
from Argentina make it difficult to evaluate the effectiveness of these safeguards.
States must put effective safeguards in place to prevent the transfer of law enforcement equipment
where it is reasonably likely to be used for the perpetration of human rights abuses.
Illustrative example of national export controls
Peru: In Peru, Law No 25054 controls the production, trade, possession and use of nonmilitary weapons and ammunition by civilians. The National Superintendence for the Control
of Security Services, Arms, Ammunition and Explosives for Civilian Use (SUCAMEC) is tasked
with controlling and authorising the export of equipment falling under this law.
In 2014, 75 checks were carried out of arms, ammunition and related material being exported
from Peru.227 On paper, this law has some effective control mechanisms, including the
223
‘Colombia Clears Departure of Chinese Weapons-Carrying Ship to Cuba’, World Maritime News, 22 April
2015 <https://worldmaritimenews.com/archives/158574/colombia-clears-departure-of-chinese-weaponscarrying-ship-to-cuba/> [accessed 1 June 2016].
224
Ley No. 25054, que norma la Fabricación, Comercio, Posesión y Uso por Particulares de las Armas y
Municiones que no son de Guerra, Art 27.
225
Decreto Supremo No. 007-98-IN, El Reglamento de la Ley No. 25054, que norma la Fabricación, Comercio,
Posesión y Uso por Particulares de las Armas y Municiones que no son de Guerra, Art 46.
226
XXII Meeting of the Mercosur and Associated States Working Group on Firearms and Ammunition,
Mercosur/FCCP/GTAFM/ACTA No 01/2012, p. 4.
227
Superintendencia Nacional de Control de Servicios de Seguridad, Armas, Munciones y Explosivos de Uso
Civil (SUCAMEC), ‘Evaluación del Plan Estratégico Institucional 2013 – 2016’,
51
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