CM/Rec(2021)2
2
Recalling Recommendation CM/Rec(2016)3 of the Committee of Ministers to member States on human
rights and business, which underlines the need to ensure that business enterprises domiciled within
member States’ jurisdictions do not trade in goods which have no practical use other than for the purpose of
capital punishment, torture and other cruel, inhuman or degrading treatment or punishment in third
countries;
Emphasising the interest in establishing, based on a range of options, multilaterally agreed common
international standards on the trade in inherently cruel, inhuman or degrading equipment, as well as lawenforcement equipment and weapons and other relevant goods which can be misused for the death
penalty, torture and other cruel, inhuman or degrading treatment or punishment;
Deeply concerned by the fact that certain equipment and goods whose only practical use is for torture and
other cruel, inhuman and degrading treatment or punishment can be produced, promoted or marketed in
Council of Europe member States, including at European trade fairs or on the websites of European
companies and companies based in Europe,
Recommends that the governments of the member States:
1.
regularly review their national legislation and practice related to the trade in goods that are
inherently abusive, as well as in goods which can be misused for the death penalty, torture and other cruel,
inhuman or degrading treatment or punishment, in order to make sure that they comply with the measures
set out in the appendix to this recommendation;
2.
ensure, by appropriate means and action, a wide dissemination of the principles set out in the
appendix to this recommendation among competent authorities, notably those implementing and overseeing
regulation of the trade in goods that can be used for the death penalty, torture and other cruel, inhuman or
degrading treatment or punishment, specifically including national human rights institutions, national
preventive mechanisms, ombudsman institutions, relevant trade unions, civil society organisations,
companies manufacturing, promoting and transferring law-enforcement equipment and other relevant
goods, such as certain pharmaceutical chemicals, and companies organising and operating trade fairs, as
well as other relevant natural and legal persons domiciled in member States;
3.
examine, within the Committee of Ministers, the implementation of this recommendation no later
than five years after its adoption.
Appendix to the Recommendation CM/Rec(2021)2
1.
Measures regarding the trade in inherently abusive goods and equipment
1.1. Member States should ensure that national legal frameworks and administrative measures are
established and implemented to prohibit the import, export and transit of equipment and goods, and
the supply of technical assistance and training relating to such equipment and goods, which have
no practical use other than the infliction of the death penalty, torture and other cruel, inhuman or
degrading treatment or punishment.
1.2. Member States should prevent and prohibit the import, export or transit, from, to or through
their jurisdiction, of goods and equipment referenced in the list referred to in paragraph 1.3 which
has no practical use other than the infliction of the death penalty, torture and other cruel, inhuman
or degrading treatment or punishment. In addition, the brokering of all such goods and equipment
by member State nationals or companies should be prohibited, irrespective of their origin. As an
exception, member States may authorise the import, export or transit of goods and equipment
referenced in the list referred to in paragraph 1.3 if it can be proved that such goods will be used for
the exclusive purpose of public display in a museum in view of their historical significance.
1.3. Member States should establish a list of prohibited goods and equipment that should at least
include the categories specified in Appendix 1. The list should be regularly reviewed and updated in
order to take account of changes in the development and in the nature of use of such equipment as
well as changes in the international markets thereof.
1.4. Member States should destroy any stock of equipment and goods referenced in the list referred
to in paragraph 1.3 that remains within their jurisdiction, unless used for the exclusive purpose of
public display in a museum in view of their historical significance.