THE PATH TO GLOBAL CONTROLS ON THE ‘TOOLS OF TORTURE’: TIMELINE
The following timeline summarises the milestones along the path for global controls on the trade in
equipment that can be used for torture, other ill-treatment and the death penalty.
2001
At the UN Commission
on Human Rights, the
UN Special Rapporteur
on Torture calls upon
“all Governments to take appropriate
effective legislative, administrative, judicial or
other measures to prevent and prohibit the
production, trade, export and use of equipment
which is specifically designed to inflict torture or
other cruel, inhuman or degrading treatment.”66
Repeated calls on states to introduce such
measures are made as part of the biennial UN
General Assembly resolution on torture and
other cruel, inhuman or degrading treatment,
most recently in 2019.67
2005
The UN Special Rapporteur on Torture
recommends that – in addition to prohibiting
manufacture, transfer and use of equipment which
“has no or virtually no, practical use” other than for torture or
ill-treatment – states should also introduce “strict controls on the
export of other security and law enforcement equipment to help
ensure that it is not used to inflict torture or ill-treatment” and
should “consider the development of an international regulatory
mechanism”.69
2002
2006
The African Commission on
Human and Peoples’ Rights
adopts Guidelines and Measures
for the Prohibition and Prevention
of Torture, Cruel, Inhuman or Degrading Treatment
of Punishment in Africa (The Robben Island
Guidelines), incorporating a comprehensive
recommendation that states “prohibit and prevent
the use, production and trade of equipment or
substances designed to inflict torture or ill-treatment
and the abuse of any other equipment or substance
to these ends ”.68
The EU Anti Torture Regulation comes into force,
instituting the first legally binding regional control
regime.70 Directly applicable in all member states,
it prohibits the trade (import/export/transit) into, from or through, the
EU of equipment and products from/to third countries (that is, non-EU
states) that have “no other practical use other than for the purposes
of capital punishment, torture or other cruel, inhuman or degrading
treatment”. It also prohibits the provision of technical assistance,
brokering of deals between third countries or promotion of such goods;
and requires EU states to license the export and transit to third countries
of law enforcement equipment that could be misused for torture and
ill-treatment. EU states must refuse export authorization when there are
“reasonable grounds to believe” that the goods might be used for torture
or other ill-treatment.
66 UN Commission on Human Rights, Torture and other cruel, inhuman or degrading treatment or punishment, 77th meeting, Resolution 2001/62, 25 April 2001,
Article 8.
67 UN, General Assembly, Resolution on torture and other cruel, inhuman or degrading treatment or punishment, UN Doc. A/RES/74/143, para. 20.
68 African Commission on Human and People’s Rights, Resolution on Guidelines and Measures for the Prohibition and Prevention of Torture in Africa, ACHPR/ Res.
61(XXXII) 02 (2002),23 October 2002, Appendix 1 [Robben Island Guidelines] para. 14.
69 UN Commission on Human Rights, Report of the Special Rapporteur on the question of torture, UN Doc. E/CN.4/2005/62, 15 December 2004, Article 37.
70 EC Regulation 1236/2005 of 27th June 2005 concerning trade in goods which could be used for capital punishment, torture or other cruel, inhuman or degrading
treatment or punishment, published in Official Journal of the European Union, L200/1, 30th July 2005. The EU Anti-Torture Regulation has subsequently been
revised and strengthened over time; the latest consolidated version, Regulation (EU) 2019/125, was published in January 2019 and came into force on
20 February 2019.
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ENDING THE TORTURE TRADE THE PATH TO GLOBAL CONTROLS ON THE ‘TOOLS OF TORTURE’
Amnesty International | Omega Research Foundation
2017
2020
The EU, Argentina
and Mongolia launch
the Alliance for Torture-Free Trade at the margins of the
UN General Assembly session in New York. The Alliance
currently comprises over 60 states from all regions of the
world. All members have signed its Political Declaration,
acknowledging that “the availability of goods used for
capital punishment, torture and other cruel, inhuman
or degrading treatment or punishment enables such
practices”, and committing themselves to “act together to
further prevent, restrict and end trade” of such goods.71
In July the UN Secretary General’s report
analysing states views is published. It notes
that most responding states supported the
proposal to establish common international
standards and that a majority were in favour of a legally
binding instrument.75 As of November 2020, the Group
of Governmental Experts is being established and
will shortly commence its work to explore options for
establishing common international standards in this area,
presenting its findings to the UN General Assembly in the
summer of 2021.
2019
The UN General Assembly adopts Resolution A/73/L.94,
Towards torture-free trade: examining the feasibility, scope and
parameters for possible common international standards. The
resolution calls on the UN Secretary General to gather member
states’ views on the feasibility and scope of options to establish common
international standards and to establish a Group of Governmental Experts to
examine a range of options for establishing common international standards
in this area.73
2018
2020
The Parliamentary
Assembly of the Council
of Europe (CoE) calls on
member states to strengthen “international regulations against trade
in goods used for torture and the death penalty”. After the adoption
of a feasibility study proposing the development of CoE standards,72
a recommendation, broadly in line with the EU framework, is
developed in 2020 for adoption by the Committee of Ministers in
February 2021.
The African Commission
on Human and Peoples
Rights’, Committee for
the Prevention of Torture
in Africa (CPTA) adopts as its theme “the
prohibition of the use, production, and trade
of tools of torture”.74 A thematic report on the
subject is being prepared by the CPTA and will
be presented at a forthcoming Session of the
Commission.
71 Alliance for Torture-Free Trade, “Political Declaration”, 18 September 2017, http://www.torturefreetrade.org
72 Council of Europe, Committee of Ministers, “Towards a recommendation to ban the trade in goods used for torture and the death penalty”,
12 February 2020.
73 UN General Assembly, Resolution Towards torture-free trade: examining the feasibility, scope and parameters for possible common international standards,
21 June 2019, Seventy-third session, UN Doc. A/73/L.94. The Resolution was adopted with 81 states voting in favour, 20 against and 44 abstaining.
74 Committee for the Prevention of Torture in Africa, Statement Announcing the CPTA Annual Theme for 2020, https://www.achpr.org/pressrelease/
detail?id=509
75 UN Report of the Secretary General, Towards torture-free trade, para 36.
ENDING THE TORTURE TRADE THE PATH TO GLOBAL CONTROLS ON THE ‘TOOLS OF TORTURE’
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