1. Introduction 1.1. State obligations to tackle the trade in ‘tools of torture’1 The prohibition on torture and other cruel, inhuman or degrading treatment or punishment (ill-treatment) is absolute. It applies in all circumstances and, as part of international customary law, to all States. It is incorporated into numerous treaties including Article 5 of the Universal Declaration of Human Rights2 and Article 7 of the International Covenant on Civil and Political Rights (ICCPR)3. International law imposes specific obligations on States to prevent torture and other ill-treatment, to investigate its occurrences, to bring to justice the perpetrators and to provide reparations to the victims. These obligations are elaborated in a range of instruments, including the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.4 Within the Council of Europe (CoE), torture and ill-treatment are also prohibited under Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms5 and Article 4 of the Charter of Fundamental Rights of the European Union.6 In 2010, the European Court of Human Rights ruled that the death penalty amounted to inhuman or degrading treatment and thus fell within the prohibition set out in Article 3 of the European Convention.7 In addition, the Council of Europe and the majority of its member States are opposed to the death penalty in all places and in all circumstances, as enunciated under Protocols Nos. 6 and 13 of the European Convention.8 Despite such obligations, torture and ill-treatment are perpetrated in all regions of the world, and capital punishment is still carried out in several countries. International and regional torture prevention monitoring bodies, as well as non-governmental human rights organisations, have documented the use of a range of law enforcement and security equipment in the facilitation and/or commission of torture and ill-treatment, or to carry out executions. In 2004, the UN Special Rapporteur on Torture argued in his report to the UN Commission on Human Rights that controlling the trade of such equipment forms part of 1 Tools of torture are specialist military, security and policing equipment, weapons and associated technical assistance and training including those which are inherently abusive or dangerous. It also incorporates equipment, weapons and assistance that can have a legitimate law enforcement function but that can readily be misused to carry out torture and other ill-treatment. 2 United Nations (UN), Universal Declaration of Human Rights, adopted and proclaimed by General Assembly resolution 217 A (III), 10th December 1948. 3 UN, International Covenant on Civil and Political Rights. Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI), 16 December 1966, entered into force 23 March 1976, Article 7. 4 UN, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Adopted by General Assembly resolution 39/46 of 10 December 1984, entered in to force 26 June 1987. 5 Council of Europe (CoE), European Convention for the Protection of Human Rights and Fundamental Freedoms. Adopted by the CoE on 4 November 1950, entered into force 3 September 1953. 6 European Union (EU), Charter of Fundamental Rights of the European Union, C 364/1, Official Journal of the European Communities, 18 December 2000. 7 European Court of Human Rights, Al-Saadoon and Mufdhi v the United Kingdom – 61498/08 [2010] ECHR 282. 8 CoE, Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the Abolition of the Death Penalty, Strasbourg, 28 April 1983; Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the abolition of the death penalty in all circumstances, Vilnius, 3 May 2002. Protocol 6 which abolishes the death penalty in peace time, has been ratified by all member States except the Russian Federation, whose Constitutional Court has nevertheless instituted a moratorium. Protocol 13 has been ratified by all member States except Armenia, Azerbaijan and the Russian Federation. 7