CONCLUSIONS AND RECOMMENDATIONS 53
rights standards. Specific guidelines for use based on the results of
independent scientific study should be drawn up.
6. All states should impose robust trade controls on law-enforcement
equipment, containing lists of controlled and prohibited items, and
establish control over associated activities such as promotion and
brokering. Consideration should also be given to establishing an enduse catch-all clause in trade control regulations to ensure that
equipment of concern not explicitly featured on control lists is not
transferred. The clause should also serve to cover new technologies as
they are developed. Any data held on licence applications for the trade
in such devices should be made publicly available.
7. All producer states should make public the criteria currently applied to
the export-licensing process for law-enforcement equipment in their
jurisdictions. Where list-based controls are in place, a presumption of
denial should be in operation regarding equipment that has no purpose
other than in the commission of torture and other ill-treatment.
Furthermore, no licences should be granted for the export of lawenforcement equipment where there are grounds to suspect that it may
be used in torture or ill-treatment, or where the end user or users have a
history of abuse or repression.
More generally, existing standards such as the UN BPUFF and UN SMR
should be regularly evaluated to ensure that they are in line with current
developments in law-enforcement technologies and tactics. All states should
develop comprehensive use-of-force guidelines explicitly stating when force
may be used and what equipment is deployed for use. These guidelines should
also incorporate human-rights components. All training programmes for
equipment and techniques should be independently evaluated.
There is a need for multilateral bodies engaged in the region, in particular
the OSCE, the Council of Europe and the EU, to establish a coherent set of
criteria for best practices relating to the trade and deployment of lawenforcement equipment. At present, different bodies appear to be promoting
conflicting strategies, especially in relation to what equipment is permissible
for deployment. In addition to promoting standards for the use of force,
multilateral organizations and individual states conducting reform
programmes should also develop guidelines establishing independent
selection, testing and evaluation regimes of equipment being deployed by
security personnel. Such regimes should be developed separately from those
that have already been carried out by companies manufacturing or promoting
equipment.
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