Instruments of torture
Restrictions on the import of torture instruments pursuant to 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 This consolidated Regulation supersedes the previous Regulation (EC) No 1236/2005 which is now repealed with the new Anti-Torture Regulation.
It is the purpose of this Regulation to control third-country trade in goods which could be used for
- capital punishment,
- torture or
- other cruel, inhuman or degrading treatment or punishment.
At the core of this Regulation are the lists of goods attached as Annexes II, III and IV. They specify goods that are seen as instruments of torture and, consequently, are subject to a number of restrictions such as import bans.
In its Annex II, the Regulation contains a list of goods used exclusively for capital punishment or for purposes of torture and other cruel, inhuman or degrading treatment and punishment, such as
- certain electric shock devices,
- metal-tipped truncheons,
- multi-lash whips.
It is strictly prohibited to import, or send consignments of, these kinds of goods into the EU!
Exceptions from the import prohibition can only be granted if the goods in question are of a certain historical significance and exclusively intended for public exhibition in a museum. As a prerequisite, however, a permit by the competent authority must have been obtained in accordance with Annex I of the Regulation.
Goods listed in Annexes III and IV, however, may be imported and/or sent to the EU without a specific permit being required.
