ESSENTIAL ELEMENTS OF AN
ANTI-TORTURE TRADE FRAMEWORK
1. NATIONAL TORTURE TRADE LAW
HALT ALL TRANSFERS OF INHERENTLY ABUSIVE LAW ENFORCEMENT EQUIPMENT AND SERVICES
States should introduce national legislation and regulations that:
• Prohibit and prevent the manufacture77 and transfer (export, import, transit, or trans-shipment)
of equipment and related services (technical assistance and training) that has no practical use
in law enforcement other than for the purpose of torture and other cruel, inhuman or degrading
treatment or punishment. The prohibition applies to all transfers irrespective of whether undertaken
by individuals, commercial companies, states or other entities. The prohibition includes related
brokering activities (that is, organizing transfers between third countries) and also transport,
financial, insurance and advertising services in relation to such equipment, related technical
assistance and training in torture or other ill-treatment.
• Destroy any stock of prohibited equipment discovered within their jurisdiction.
• Establish a list of prohibited equipment and services, which should include, as a minimum the
categories specified in Annex 1. To accommodate or take into account new data and technological
developments, the list of prohibited equipment should be regularly reviewed by appropriate experts
and updated according to a specific procedure.
CONTROL TRANSFERS OF LAW ENFORCEMENT EQUIPMENT AND SERVICES TO PREVENT THEIR
MISUSE FOR TORTURE OR OTHER ILL-TREATMENT
States should introduce national legislation and regulations that:
• Control and license the transfer of law enforcement equipment and related services that can be
used in a manner consistent with international human rights law and standards including on the
use of force, but which can also be (and have been) readily misused by law enforcement officials to
torture and otherwise ill-treat people.
• Establish a list of controlled law enforcement equipment and related services which are at risk of
misuse by law enforcement officials to torture or otherwise ill-treat people, which should include, as
a minimum, the categories specified in Annex 2. The list should be regularly reviewed in order to
consider changes in the development and in the nature of the use and misuse of such equipment
and goods as well changes in their international markets.
77 Although this framework is intended primarily to regulate trade-related activities, Amnesty International and the Omega Research
Foundation consider that the manufacture of inherently abusive equipment should also be prohibited. This is in line with existing
state obligations enunciated in the UN General Assembly Torture Resolution and also established under certain regional instruments,
notably the Robben Island Guidelines.
ENDING THE TORTURE TRADE THE PATH TO GLOBAL CONTROLS ON THE ‘TOOLS OF TORTURE’
Amnesty International | Omega Research Foundation
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