E/CN.4/2005/62
page 8
25.
Manufacturing data. There are a number of limitations to measuring the level of
manufacturing. Firstly, identifying a company as a manufacturer can be difficult as many claim
to be manufacturers when in fact they are simply distributing products made by others.
Secondly, establishing the number of manufacturing companies does not establish the actual
number of goods produced or exported. Thirdly, identifying which company (or even country)
was responsible for the original manufacture of such equipment is also complicated and obscured
by the use of such transactions as “brokering” (i.e. where intermediaries or “middlemen”
organize transfers of equipment between two or more parties, bringing together buyers, sellers,
transporters, financiers, etc.), or “drop shipping” (i.e. where a retailer in one country arranges for
a manufacturer in another country to ship items directly to the retailer’s customer).
26.
National export control data. In many countries a manufacturer or supplier is not
required to possess an export licence to ship these goods, even if the “end-user” in the
destination country has a documented record of using such equipment to commit torture.
27.
International trade statistics. International trade statistics do not provide useful data for
monitoring the trade in security and law enforcement that can easily be used for torture because
the product codes within the Standard Industrial Classification Codes (SIC), the North American
Industrial Classification System (NAICS), and the various country derivatives of the SIC code
are too broad. For example, SIC 5099 is the product code which covers “electronic stun
weapons”, but it also includes “pre-recorded audio cassette tapes”, “leather attachés and
briefcases” and a range of other electronic goods. The 2002 NAICS Code 332999 is the code
which covers “cuffs and leg irons”.5 But it also covers a wide range of other metal products
including angle irons, animal traps, car seals, fireplace fixtures, and many other product
categories. This aggregation of products in one code makes it difficult to track the trade in
torture technology. One example, drawn from national legislation, of a control and transparency
mechanism incorporates the use of a control category of “specially designed implements of
torture”.
28.
Without accurate data on equipment manufacturers, transfers, or on the quantities and
destinations of exports, it is difficult to regulate and monitor this trade. Where Governments do
operate export controls on such equipment, it is important that the controlled categories of
equipment be sufficiently disaggregated for the sake of transparency and effective public
scrutiny.
B. Future technological trends
29.
New products are being marketed internationally for use in security and law enforcement
whose use in practice has sometimes revealed a substantial risk of abuse or unwarranted injury,
or whose medical and other effects appear not to be reliably known. The medical and other
effects of the products should have been subjected to rigorous inquiries by medical, scientific
and law enforcement experts who are fully independent of the manufacturers, traders and law
enforcement agencies promoting them, and whose proceedings and conclusions are transparent
and subject to peer review in public scientific literature.
30.
A number of countries are developing equipment for the purposes of crowd control by
law enforcement. This equipment employs a range of new technologies, and is referred to as
“non-lethal weapons”, including devices which employ high-decibel sounds and microwaves.
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