1. SUMMARY Torturers are not born, they are recruited, trained, equipped and supported. In many cases it is foreign companies and governments who supply them with the law enforcement equipment that is used to inflict torture or other ill-treatment, and the expertise in how to use them. While certain governments are directly involved in the trade of these “tools of torture”, others prefer to turn a blind eye. Some of the “tools of torture” are inherently abusive, that is, any use of them would constitute torture or other cruel, inhuman or degrading treatment or punishment (other ill-treatment). These include almost medieval implements like leg irons, neck restraints, spiked batons, chains and whips, as well as modern weapons and devices intended to achieve compliance through pain, such as electric shock batons, stun guns and stun belts. All such items must be banned totally for use in law enforcement. In contrast, other equipment, for example tear gas, pepper spray and handcuffs, may have, when used appropriately in line with international human rights standards, a legitimate role in law enforcement, but they are often systematically abused for torture or other ill-treatment. Their trade and use needs stringent regulation. In recent years, increasing numbers of governments around the world have started the process of developing and introducing legislative measures to combat the trade in “tools of torture” at the national and regional levels, notably in the European Union (EU). 1 Building on these initiatives, on 18 September 2017 the Global Alliance for Torture Free Trade was launched. To date, almost 60 states from all regions of the world2 have signed its Political Declaration to act together “to further prevent, restrict and end trade in goods intended for use in torture or capital punishment”; and to adopt legislation and efficient enforcement systems for the restriction and elimination of trade in such goods.3 Amnesty International and the Omega Research Foundation strongly support the Global Alliance initiative, and encourage all states to join. The Global Alliance has the potential now to facilitate the development of truly effective national and multilateral measures to combat the trade in “tools of torture”. However, it is self-evident that to effectively combat this trade, states must agree a comprehensive definition of the range of goods covered, including those most commonly used to maim and brutalize people, whether through torture, other ill-treatment, excessive use of force, or other human rights violations. This should include not only banning inherently abusive equipment such as thumb cuffs, spiked batons and electric shock stun belts, but also controlling goods such as standard batons, handcuffs, pepper spray and tear gas, goods that have a legitimate law enforcement use but could be readily abused for torture or other ill-treatment. 1 2 3 2 Council 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”. It came into effect on 31 July 2006. The Regulation has been amended several times. The consolidated EU Torture Trade Regulation contains the world’s first – and so far only – legally binding multilateral trade controls to prohibit the international trade in equipment which has no practical use other than for the purpose of execution, torture or other ill-treatment; and to control, through licensing requirements, the trade in equipment which could be abused for such violations of human rights. For further details of the Global Alliance, see: http://www.torturefreetrade.org/ Global Alliance to end trade in goods used for torture and capital punishment, Political Declaration, New York, 18 September 2017, http://www.torturefreetrade.org/documents/170918_Political-Declaration-Torture-Free.pdf COMBATING TORTURE: THE NEED FOR COMPREHENSIVE REGULATION OF LAW ENFORCEMENT EQUIPMENT Amnesty International | Omega Research Foundation