5.2 PRESENTING AN ANTI-TORTURE TRADE FRAMEWORK There is a growing recognition within the international community of the important role that regulating trade in law enforcement equipment and other related goods can play in preventing their use in torture, other ill-treatment and the death penalty – and consequently in contributing to holistic international measures combating these abuses. Amnesty International and the Omega Research Foundation recognize that discussions through the UN on the elaboration of international measures to regulate the trade in law enforcement equipment and related goods used in torture are at an early stage with several fundamental issues yet to be fully explored. These issues and the contrasting initial views of member states on these matters were identified during the UN Secretary General’s survey of member state positions, detailed in his July 2020 report, Towards torture-free trade: examining the feasibility, scope and parameters for possible common international standards.76 They include questions regarding the nature of the most appropriate measures – that is, whether a legally binding international instrument is required or instead whether general principles should be developed to inform introduction of national measures in this area – and the consequent forum and process by which appropriate measures should be agreed. Amnesty International and the Omega Research Foundation support the creation of a global, legally binding instrument to regulate the trade in torture and death penalty goods. Whatever the final agreed nature, scope and parameters of the international measures will be, Amnesty International and the Omega Research Foundation believe that there are certain essential elements required for effective action in this area whether it be taken by states through the UN, through regional organizations or at the national level. Consequently, at this pivotal moment, in order to stimulate, inform and facilitate effective state discourse and action at the national, regional and international levels, Amnesty International and the Omega Research Foundation have developed a list of essential elements required to effectively regulate trade in law enforcement equipment and related goods. Amnesty International and the Omega Research Foundation are urging states to use this framework to: • introduce regulations or strengthen existing national controls on the trade in goods used for torture, other forms of ill-treatment or capital punishment; • aid the development of regional and international instruments in this area, including through the current UN process. National measures, though vital, will not be sufficient in themselves to ensure that law-enforcement agencies engaged in torture and other ill-treatment do not continue to receive law enforcement equipment and related goods imported from countries lacking effective national trade controls. Concerted action by states working in cooperation with partners through sub-regional and regional organizations to develop common standards can help to combat such activities, while the ongoing process in the UN provides all states the unique opportunity to establish international standards in this area for the first time. 76 UN, Report of the Secretary General, Towards torture-free trade. 30 ENDING THE TORTURE TRADE THE PATH TO GLOBAL CONTROLS ON THE ‘TOOLS OF TORTURE’ Amnesty International | Omega Research Foundation