CM/Rec(2021)2
4
country concerned, or in an operation based on agreements between member States and
third countries in the field of defence, for use by personnel of the member State concerned.
The relevant authorities should verify whether this condition is met. Pending such
verification, the export shall not take place;
3.2.2. ensuring that the evaluation of export licences or transit applications incorporates an
assessment of the risk that the goods and equipment referenced in paragraph 3.1.2. will be
diverted or used for torture and other cruel, inhuman or degrading treatment or punishment.
The assessment should take into account relevant judgments of international courts and
information provided by competent authoritative international and national bodies regarding
the use and regulation of the goods and equipment by the proposed end-users; other
relevant information that may be taken into account includes national court judgments,
reports or other information prepared by civil society organisations and information on
restrictions of exports of goods and equipment referred to in Appendices 1 and 3 applied by
the country of destination;
3.2.3. ensuring that the export licence is withheld when there are reasonable grounds for
believing that the equipment and goods applied for will be used for torture and other cruel,
inhuman or degrading treatment or punishment;
3.2.4. revoking the licence of an ongoing export where there are reasonable grounds for
believing that the goods and equipment being transferred have been, are being or risk
being used for torture and other cruel, inhuman or degrading treatment or punishment, or
where the diversion of such goods and equipment is likely;
3.2.5. ensuring that the transit of goods and equipment referred to in paragraph 3.1.2. is
prohibited when the person, entity or body executing the transit knows that any part of a
shipment of such goods and equipment is intended to be used for torture and other cruel,
inhuman or degrading treatment or punishment;
3.2.6. maintaining records of all export licences, transit authorisations, authorisations of
brokering services, related technical assistance and training;
3.2.7. publishing an annual national activity report providing information on the number of
applications received, the goods and countries concerned by these applications and the
decisions taken on these applications;
3.2.8. exchanging information with Council of Europe member States on licensing decisions
(number of applications, type of goods and equipment and countries concerned) and, where
available, actual exports.
4.
Information exchange and dissemination, co-operation
Member States should use the Council of Europe online Platform for Human Rights and Business for
information exchange and the sharing of best practices, specifically including the dissemination of relevant
national legislation and associated administrative procedures, to facilitate both effective national
implementation of the measures and cross-border co-operation. The Platform and associated measures can
facilitate dissemination of information to the business community and other key stakeholders in order to
raise awareness of their relevant obligations and the mechanisms and measures established to regulate
trade in law-enforcement equipment and relevant goods in order to prevent their use for the death penalty,
torture and other cruel, inhuman or degrading treatment or punishment.
5.
Support for non-member States
5.1. Member States should encourage non-member States to implement measures such as those
set out in this recommendation and other relevant international standards regulating the trade in
law-enforcement goods and equipment, to prevent their use for the death penalty, torture and other
cruel, inhuman or degrading treatment or punishment, notably through developing partnerships or
offering other forms of support in implementing these standards.