Omega Research Foundation
use of SAE Alsetex products has also been widely documented including in Côte d'Ivoire,53 the
Democratic Republic of the Congo54 and Bahrain.55
Above left: SAE Alsetex chemical irritant cartridges and launcher on display at SOFEX 2012 May 2012
in Amman, Jordan; Above right: Alma DK “Hand gas and smoke grenade of irritant action” from
company catalogue distributed at IDEX 2017, 19-23 February 2017 in Abu Dhabi, UAE.
ii.
Existing control regimes
The trade in specially designed tools of torture (e.g. body-worn electric shock equipment, spiked
batons) and other equipment which is frequently misused (e.g. chemical irritants, kinetic impact
ammunition [commonly called “rubber bullets]) is largely unregulated in many countries, especially in
comparison to controls on transfers of most types of conventional military weapons and munitions. It
is important that strict and consistent controls are established and effectively implemented to help
prevent torture and the excessive use of force. The following examples are intended to demonstrate
the existence of good practice which could be built on in the future.
In 2006, the European Union (EU) established the first multi-lateral instrument to prohibit the
international trade in equipment which has no practical use other than for the purposes of executions,
torture or other cruel, inhuman or degrading treatment or punishment and to control the trade in a
range of policing and security equipment often misused in the perpetration of such human rights
violations.56 The EU Torture Trade Regulation covers the trade of all EU member states and the binding
controls introduced apply to a range of equipment often not found on EU member states’ military or
dual use export control lists. For example, the Regulation prohibits the import, export, transfer,
promotion and brokering of body-worn electric shock devices and controls the export of other electric
shock equipment intended for use by law enforcement, including electric shock batons. As for
chemical irritants, OC and PAVA are controlled by the EU Torture Trade Regulation, while others
including CS and CN are controlled under the Common Military List of the European Union.
53
UN Group of Experts on Côte d’Ivoire, Final Report, prepared in accordance with paragraph 14 of Security
Council resolution 1980 (2011), issued by the UNSC on 14 April 2012, UN doc. S/2012/196, para. 58.
54
Amnesty International, If You Resist We’ll Shoot You: The Democratic Republic of the Congo and the Case for
an Effective Arms Trade Treaty, 2012, pp. 36-37.
55
Americans for Democracy and Human Rights in Bahrain, “France NCP announces agreement regarding
French-manufactured tear gas in Bahrain”, 25 July 2016, http://www.adhrb.org/2016/07/france-ncpstatement-regarding-oecd-complaint-filed-tear-gas-company/ accessed 17 May 2017.
56
European Union, Council Regulation (EC) No 1236/2005 of 27th June 2005 Concerning Trade in Certain
Goods Which Could Be Used for Capital Punishment, Torture or Other Cruel, Inhuman or Degrading Treatment
or Punishment (EU Torture Trade Regulation).
15
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