MINISTERS’ DEPUTIES

Recommendations

CM/Rec(2021)2

31 March 2021

Recommendation CM/Rec(2021)2 of the Committee of Ministers to member States
on measures against the trade in goods used for the death penalty, torture and other
cruel, inhuman or degrading treatment or punishment
(Adopted by the Committee of Ministers on 31 March 2021
at the 1400th meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe (ETS
No. 1),
Considering that the aim of the Council of Europe is to achieve a greater unity among its member States by,
inter alia promoting common standards and carrying out activities in the field of human rights;
Recalling member States’ obligation to secure to everyone within their jurisdiction the rights and freedoms
defined in the European Convention on Human Rights (ETS No. 5) and the protocols thereto;
Reiterating its unwavering commitment to the abolition of the death penalty in accordance with Protocol No.
6 (ETS No. 114) and Protocol No. 13 (ETS No. 187) to the European Convention on Human Rights;
Recalling the member States’ obligation to prohibit torture and inhuman or degrading treatment or
punishment in accordance with Article 3 of the European Convention on Human Rights, the European
Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (ETS No.
126) and the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment and its Optional Protocol;
Underlining the great importance of the initial and continued training of law-enforcement officials in the
appropriate use of security equipment, in line with international and regional human rights’ standards, and
the consequent need to prevent the provision of training in abusive practices that contravene these
standards;
Considering the jurisprudence of the European Court of Human Rights and standards developed by the
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment on
the use of certain law-enforcement equipment and devices;
Recalling Parliamentary Assembly Recommendation 2123 (2018) on “Strengthening international
regulations against trade in goods used for torture and the death penalty”, which called for technical
guidance on how to establish and implement an effective regulatory regime;
Having regard to: i. the United Nations General Assembly Resolutions A/RES/74/143 “Torture and other
cruel, inhuman or degrading treatment or punishment”, and A/RES/73/304 “Towards torture-free trade:
examining the feasibility, scope and parameters for possible common international standards” as well as the
subsequent report of the United Nations Secretary-General A/74/969, which found that most of the
respondent States expressed support for the establishment of common international standards, and that a
majority were in favour of a legally binding instrument establishing measures to control and restrict trade in
goods used for capital punishment, torture and other forms of ill-treatment; ii. Regulation (EU) 2019/125 of
the European Parliament and of the Council of 16 January 2019 concerning trade in certain goods which
could be used for capital punishment, torture and other cruel, inhuman or degrading treatment or
punishment; and iii. the 2011 United Nations Guiding Principles on Business and Human Rights –
Implementing the United Nations “Protect, Respect and Remedy” Framework;

Website: www.coe.int/cm

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