Tools of Torture and Repression in South America The transfer of equipment manufactured by South American companies to states with poor human rights records demonstrates the urgency of putting in place effective export control regimes. However, transparency regarding exports is lacking and a culture of secrecy compounds this issue. It is also important to consider companies’ obligations in this respect. Putting robust due diligence mechanisms in place can help companies to mitigate the risk of breaching human rights standards and lessen their exposure to potential civil and/or criminal liability for complicity in human rights violations. The report’s key findings include:     There are widespread instances of torture and other ill-treatment against peaceful protesters and people held in places of detention. Most of the equipment used to perpetrate these human rights violations is common police equipment. Information and recommendations on kinetic impact weapons (hand-held batons and launched projectiles), chemical irritants (tear gas), live ammunition, stun grenades, mechanical restraints and electric shock weapons. State-owned manufacturers of law enforcement equipment have increased their range and volume of manufacturing. Private companies have increased production and are selling their products in domestic and foreign markets. In addition, much police equipment is purchased from companies from outside the region, often imported through local agents. South American manufacturers have exported equipment which has then been used in mass repression, including in Turkey, Bahrain and Venezuela. This report examines transfers of tear gas manufactured in Brazil to Egypt while it was under an EU embargo, and to Burkina Faso, subsequently diverted to Cote d'Ivoire, in violation of a UN embargo. There is a lack of transparency on the types of law enforcement equipment that are subject to import and export trade controls. State officials were generally not responsive when asked for clear information on controls by Omega. To improve export control regimes, clear lists of equipment whose export is subject to licensing should be included in national legislation, controls should be implemented effectively and robust human rights safeguards should be put in place in order to avoid irresponsible transfers. A major concern is the lack of transparency in reporting exports. Licensed production agreements are becoming more common and States should take measures to prevent them from being used to evade export controls. The Omega Research Foundation (Omega) calls on all South American states to ensure that the use of force, including normative guidance and accountability for abuses carried out, is in line with international human rights standards. The production, trade and use of goods which have no practical use other than for the purposes of torture and other ill-treatment should be prohibited. Strict national controls should be exercised over the manufacture, trade, transfer and promotion of law enforcement equipment which, though not intrinsically cruel, could be used for torture or other ill-treatment. States should take steps to improve the transparency of their export, brokering and transit licensing and reporting systems, as well as putting strict human rights safeguards in place to prevent law enforcement equipment from being transferred when it is likely to be used for the purposes of torture or repression. 5