E/CN.4/2003/69
page 2
Executive summary
In accordance with paragraph 13 of resolution 2002/38, the Special Rapporteur hereby
presents a preliminary study on the situation of trade in and production of equipment specifically
designed to inflict torture or other cruel, inhuman or degrading treatment, its origin, destination
and forms, with a view to finding the best ways to prohibit such trade and production and to
combat its proliferation.
The attention of the Commission is first drawn to a number of references to such
equipment in previous reports submitted by the Special Rapporteur. The legitimate use of some
kinds of such equipment, in particular certain restraints (such as handcuffs) and kinetic and
chemical devices, is recognized in a number of appropriate circumstances. The Special
Rapporteur notes that they may often constitute non-lethal alternatives to other security devices.
It is nevertheless alleged that they have also been misused or intentionally used to inflict torture
and other forms of ill-treatment. It is, however, believed that other types of equipment are
inherently cruel, inhuman or degrading and that their use would necessarily breach the
prohibition of torture and other forms of ill-treatment.
It is not the Special Rapporteur’s intention to draw up a list of all equipments and
instruments whose use is deemed to be inherently cruel, inhuman or degrading, as this would
require more in-depth research. He does, however, express concern over the use of certain kinds
of equipment regarding which the exact medical effects, including psychological ones, are
reportedly still unknown. The absence of thorough, independent and impartial medical testing
on short- and long-term effects poses a real problem in assessing whether a specific device is
inherently cruel, inhuman or degrading.
International human rights law has up to now mainly addressed the question of the
circumstances in which such equipment can be used. Detailed guiding principles regarding the
classification, use and monitoring of law enforcement and restraint equipment have been
developed. They have in common the stipulation that force should only be used when strictly
necessary and should be used in a manner proportionate to what is necessary to achieve a
legitimate objective (principle of proportionality).
Regarding the trade in instruments specifically designed to inflict torture and other forms
of ill-treatment, it is reported that this is a global trade involving countries of every region in the
world. Information currently available regarding the companies involved is reportedly not
comprehensive and is believed not to represent the true scale of the production and trade in such
equipment, as very few Governments provide data in that respect. In particular, it must be noted
that a large number of countries do not require licences for the export, trans-shipment or
brokerage of such products.
In the present report, the Special Rapporteur notes with appreciation a number of
initiatives taken at the national and regional levels to prevent the trade and production in
equipment specifically designed to inflict torture or other cruel, inhuman or degrading treatment.
The Special Rapporteur would welcome further information from Governments and other
interested parties on such initiatives with a view to establishing a set of best practices at a later