Instruments of torture

Restrictions on the export of instruments of torture under the anti-torture regulation

On 20 February 2019, Regulation (EU) No 2019/125 of the European Parliament and of the Council of 16 January 2019, known as Anti-Torture Regulation, came into effect. This consolidated Regulation supersedes the previous Regulation (EC) No 1236/2005 which is now repealed with the new Anti-Torture Regulation.

The purpose of this regulation is to monitor the trade in goods which could be used for

• inflicting capital punishment on human beings,
• the purpose of torture or
• other cruel, inhuman, or degrading treatment or punishment.

At the core of the Regulation are the lists of goods attached as Annexes II, III and IV. They specify goods the trade in which is subject to restrictions because they could be used as torture instruments.

Annex II lists goods that are exclusively for the purpose of inflicting capital punishment on human beings or that serve the purpose of torture or other cruel, unusual, or degrading treatment or punishment; for example:

• gallows and guillotines,
• electric chairs for the purpose of execution of human beings,
• gas chambers,
• certain electric shock devices,
• metal-tipped truncheons.

The export from the EU of goods that are listed in Annex II of the regulation is absolutely prohibited. Also prohibited is the performance of any technical assistance in connection with the goods listed in Annex II (irrespective of whether for a consideration or gratis).
Exemptions from the export prohibition can only be made in the case of goods that, because of their historic importance, are going to be used in a public exhibition in a museum. A requirement for such an exception, though, is an authorisation that has been issued by the competent authority.

Exports of any of the goods listed in Annex III of the Regulation generally require authorisation. Allowance has been made for exceptions in specific sets of circumstances.

Annex III lists goods that have some practical use other than for the purpose of torture or other cruel, inhuman or degrading treatment or punishment, such as:

• shackles and individual cuffs,
• so-called spit hoods,
• certain portable electric shock devices,
• portable weapons and devices for the purpose of riot control (such as tear gas or pepper spray).

An export authorisation is also required for the goods listed in Annex IV of the Regulation. It specifies goods which could be used for the execution of human beings, in this case

• short and intermediate acting barbiturates and the products containing them (such as pharmaceutical products).

The issue of authorisations

In Germany, the competent authority is the Federal Office for Economic Affairs and Export Control.