Visual guide to law enforcement and security equipment ABOUT THIS GUIDE The prohibition on torture and other cruel, inhuman or degrading treatment or punishment (other illtreatment) is absolute and applies in all circumstances to all states. It is incorporated into numerous treaties and documents, including the Universal Declaration of Human Rights 1, the International Covenant on Civil and Political Rights 2, and the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. 3 The prohibition against torture is also referenced in a number of regional instruments and declarations, including the African Charter on Human and Peoples' Rights 4, the American Convention on Human Rights 5, the Association of Southeast Nations Human Rights Declaration 6, the European Convention for the Protection of Human Rights and Fundamental Freedoms 7, and the Charter of Fundamental Rights of the European Union 8. While almost anything can be used to inflict torture and other ill-treatment, it is often perpetrated using specialist law enforcement and security equipment, including technologies that are specifically designed for such purposes. In addition to specialist weapons and equipment, however, equipment that can have a legitimate use when used appropriately and in a human rights-compliant manner, is often misused to commit acts of torture and other ill-treatment by prison, police, and other agencies. The need to control these technologies has been recognised by the international community. In 2005, the then UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Special Rapporteur on Torture), Prof Theo Van Boven, recommended the prohibition of that the manufacture, transfer, and use of equipment that “has no or virtually no, practical use” other than for torture and other ill-treatment. He advised that Member States 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”, and that States should also “consider the development of an international regulatory mechanism”. 9 Governments, legal practitioners, intergovernmental institutions, rehabilitation organisations, and civil society are often not fully aware of these technologies and their role in facilitating torture. As a result UN, Universal Declaration of Human Rights, adopted and proclaimed by General Assembly resolution 217 A (III), 10th December 1948, Article 5. 1 UN General Assembly, International Covenant on Civil and Political Rights, 16 December 1966, United Nations, Treaty Series, vol. 999, Article 7. 2 UN General Assembly, Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 10 December 1984, United Nations, Treaty Series, vol. 1465, p. 85. 3 Organization of African Unity (OAU), African Charter on Human and Peoples' Rights ("Banjul Charter"), 27 June 1981, CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982), Article 5. 4 Organization of American States (OAS), American Convention on Human Rights, "Pact of San Jose, Costa Rica”, 22 November 1969, Article 2. 5 Association of Southeast Asian Nations (ASEAN), ASEAN Human Rights Declaration, 18 November 2012, Principle 14. 6 Council of Europe, European Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocols Nos. 11 and 14, 4 November 1950, ETS 5, Article 3. 7 8 EU, Charter of Fundamental Rights of the European Union, 26 October 2012, 2012/C 326/02, Article 4. UN Commission on Human Rights, Torture and other cruel, inhuman or degrading treatment or punishment Report of the Special Rapporteur, Theo van Boven, 21 February 2005, E/CN.4/2005/62/Add.2, Article 37. 9 2