INTERNATIONAL AND REGIONAL INSTRUMENTS 27 Rule 49 The prison administration should seek access to, and provide training in the use of, control techniques that would obviate the need for the imposition of instruments of restraint or reduce their intrusiveness.68 II. Regional regulations and multilateral regimes There are few regional controls on the trade in law-enforcement equipment. At present, the only consolidated set of standards that specifically address the trade in certain law-enforcement devices are contained within EC Regulation 1236/2005. This regulation, directly applicable to all EU member states, uses a list-based approach to exercise trade controls over a range of named types of equipment. The controls range from a complete prohibition on the import and export by member states of named equipment that may be used for torture or the death penalty to an export-licensing requirement for those goods which . . . could be used not only for the purpose of torture and other cruel, inhuman or degrading treatment or punishment, but also for legitimate purposes. These controls should apply to goods that are primarily used for law enforcement purposes and, unless such controls prove disproportionate, to any other equipment or product that could be abused for the purpose of torture and other cruel inhuman or degrading treatment or punishment, taking into account its design and technical features.69 To date, EC Regulation 1236/2005 is the most comprehensive set of binding international trade controls available and, while being list-based and therefore in need of updating to keep pace with advances in technology, represents a good template for establishing controls over the trade in specific lawenforcement equipment. Furthermore, certain riot control agents—in particular CS, CN and CR— feature on the EU and the Wassenaar Arrangement lists of equipment subject to trade controls.70 However, these control lists do not cover the full range of riot control agents and their means of delivery, such as PAVA or OC (commonly found in pepper spray). Larger ‘wide-area’ riot control agent means of delivery—which have already been manufactured by Russia and Turkey—should be evaluated to see whether they breach the ‘types and quantities’ provisions set out in the Chemical Weapons Convention.71 68 UN Standard Minimum Rules for the Treatment of Prisoners (note 67). Regulation (EC) No 1236/2005 of 27 June 2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment, <http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2005:200:0001:0019:EN:PDF>.
70 Common Military List of the European Union (equipment covered by Council Common Position 2008/944/CFSP defining common rules governing the control of exports of military technology and equipment) (2014/C 107/01), adopted by the Council on 17 Mar. 2014, <http://eur-lex.europa.eu/legalcontent/EN/TXT/PDF/?uri=CELEX:52014XG0409%2801%29&from=EN>; and Wassenaar Arrangement, Control list, <http://www.wassenaar.org/controllists/2013/WALIST%20%2813%29%201/WA-LIST%20%2813%29%201.pdf [ML 7]>. 71 ‘Wide area’ riot control agent means of delivery are those large-calibre munitions and delivery systems which can be utilized for delivering significant amounts of chemical irritants over wide areas and/or extended distances. These include, but are not limited to, large smoke generators, backpack or 69
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