Like all companies, those operating in the law enforcement sector must put in place proactive
preventive measures to address the human rights risks that the misuse of their products and services
pose. These measures should include robust human rights due diligence policies and processes –
separate from those of the state – to identify, prevent, mitigate and account for how these companies
address both their potential and actual human rights impacts. Adequately conducted human rights due
diligence might require companies to go beyond what is legally required in a given jurisdiction; it might
also require them to refrain from engaging in business that would otherwise be permitted under state
licensing laws. If its product does contribute to gross human rights violations or serious violations of
international humanitarian law, a company must endeavour to provide or facilitate prompt and effective
reparation, including restitution, compensation, rehabilitation, satisfaction and guarantees of nonrepetition.
Some companies have acted proactively to stop products and services being used for torture and other
ill-treatment and the death penalty.
DUTCH COMPANY HALTS PROMOTION OF RESTRAINT CHAIR
According to the USA-based manufacturer, Safety Restraint Chair, Inc, its “restraint chair has been
sold across the U.S., in Canada, and internationally in countries like Australia, New Zealand, the
Netherlands, and South Korea.” 57 The restraint chair manufactured by this company was previously
promoted by the Dutch company, De Ridder Products58, which has offices in Belgium, France,
Germany, and the Netherlands, as highlighted in a previous Amnesty International and Omega
Research Foundation report. On 29 April 2015, in response to an information request from Amnesty
International and the Omega Research Foundation, De Ridder Products stated: “After reading your
report we have decided to delete the mentioned chair out of our assortment and we have also removed
it from our website. After taking everything in consideration we come to the conclusion that this product
does not match our vision on safety for the prisoners when used wrongly.”59
DANISH COMPANY PREVENTS TRANSFER OF SHOCK BATONS TO SUDAN
According to media reports, on 29 May 2019 a container ship owned by Danish transportation
company, Maersk, left the port of Shanghai, China, bound for Port Sudan, carrying 5,000 direct
contact electric shock batons within its cargo. Although the cargo was identified and red-flagged, it
was mistakenly loaded and shipment commenced. En route to Sudan, however, the shipping company
discovered its mistake. It subsequently informed the Danish authorities of its discovery. The 5,000
electric shock batons were never delivered to the intended purchaser – an un-named Sudanese
company; instead, according to Maersk, they were subsequently re-exported out of Sudan and
disposed of legally.60 Although the identity of the manufacturer/trader and the recipient/intended end
user of the shock batons are unknown, the use of electric shock batons for torture and ill-treatment
by the Sudanese police and military has been reported by the media and human rights organizations,
including Amnesty International.61
57 Safety Restraint Chair, Inc. company website, https://restraintchair.com/our-company.php (accessed 30 October 2020).
58 De Ridder Products, 2015 Was available at: http://www.deridderproducts.com/index.php?route=product/product&product_id=1336.
See Amnesty International and Omega Research Foundation, Grasping the Nettle: Ending Europe’s Trade in Execution and Torture
Technology (Index number: EUR 01/1632/2015). As stated in its response to Amnesty International and the Omega Research
Foundation, De Ridder Products subsequently removed all details of the safety restraint chair from its website.
59 Email correspondence with Amnesty International and the Omega Research Foundation from representative of De Ridder Products,
29 April 2015.
60 Nikolaj Houmann Mortensen and Charlotte Aagaard, “Mærsk får bøde for at sejle 5000 torturinstrumenter til Sudan”, Danwatch, 1
October 2020, https://danwatch.dk/undersoegelse/maersk-faar-boede-for-at-sejle-5000-torturinstrumenter-til-sudan/]
61 See, for example, Amnesty International, “They descended on us like rain”: Justice for victims of protest crackdown in Sudan, (Index:
AFR 54/1893/2020); “Sudanese teacher was 'raped and killed by special torture unit’”, Middle East Eye, 14 February 2019, https://
www.middleeasteye.net/news/sudanese-teacher-was-raped-and-killed-special-torture-unit
ENDING THE TORTURE TRADE THE PATH TO GLOBAL CONTROLS ON THE ‘TOOLS OF TORTURE’
Amnesty International | Omega Research Foundation
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