Omega Research Foundation thumb cuffs). There are credible reports of such inherently cruel and degrading equipment being used to carry out acts of torture and other ill-treatment in OSCE participating States, a small sample of which will be mentioned in this briefing. The UN General Assembly biennial resolution on torture and other ill-treatment demonstrates the will of the international community to end the trade in this second category of equipment, calling upon states to: “take appropriate effective legislative, administrative, judicial and other measures to prevent and prohibit the production, trade, export, import and use of equipment that has no practical use other than for the purpose of torture or other cruel, inhuman or degrading treatment or punishment”.6 As an intergovernmental body largely focussed on security concerns, the OSCE is an appropriate forum at which to address the need for international measures to control the trade in equipment which is prone to being used for torture and other ill-treatment. Having already done valuable work on issues such as conventional arms control, torture prevention and the monitoring of public assemblies, a logical next step for the OSCE and its Office for Democratic Institutions and Human Rights (ODIHR) would be to promote effective measures to prevent the manufacture, supply and use of inherently abusive equipment and to control equipment which is frequently used inappropriately in the perpetration of human rights violations. This briefing aims to demonstrate the need to give this issue increased attention. i. Types of law enforcement equipment of concern The UN Basic Principles on the Use of Force and Firearms (UN Basic Principles) call on states to “develop a range of means as broad as possible and equip law enforcement officials with various types of weapons and ammunition that would allow for a differentiated use of force and firearms”, including “non-lethal7 incapacitating weapons” and protective equipment.8 Since the adoption of the UN Basic Principles, the range of equipment available for law enforcement has become increasingly diverse. This growth has largely been industry-led and a lack of scrutiny and control has permitted the development of inherently cruel instruments with no legitimate law enforcement purpose, whose manufacture, supply and use should be prohibited. On the other hand, many of the tools that have been developed may have a legitimate law enforcement purpose if used appropriately; however, some of these tools are frequently misused resulting in excessive force, torture and other illtreatment. For the purposes of this briefing, law enforcement equipment will be split into two categories: 1) inherently abusive instruments whose manufacture, supply and use should be prohibited and 2) equipment which could have a legitimate function if used appropriately but which is often used in human rights abuses. The following examples are intended to illustrate the existence of companies producing and trading both categories of law enforcement equipment in OSCE participating States; the use of such equipment in human rights violations and the need for stronger controls. More 6 UN General Assembly, Resolution 70/146 on torture and other cruel, inhuman or degrading treatment or punishment, adopted by the General Assembly on 17 December 2015, UN doc. A/RES/70/146, para. 16. 7 Please note that civil society and industry actors increasingly use the term “less lethal” rather than “nonlethal”. This is due to the fact that the use of almost any type of equipment can have lethal consequences, particularly if used inappropriately. 8 UN Basic Principles on the Use of Force and Firearms, Principle 2. 5