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 31