EU strengthens rules preventing the trade in goods and services that would be used for capital punishment or torture

Concretely, the amendment provides for the following main changes to the Regulation:

• It adjusts the definition of other cruel, inhuman or degrading treatment or punishment in the light of case-law of the European Court of Human Rights.

• It provides that exports to countries that are parties to international conventions on capital punishment will be covered by a general authorisation. This will apply only if the conditions that the goods are not re-exported to other countries and that the country of destination has abolished the death penalty for all crimes are met.

• It imposes a ban on the brokering of goods that are subject to an import and export ban, as listed in Annex II(goods that can only be used for torture or capital punishment), so as to cover transfers of goods that are not located in the EU.

• It introduces a prior authorisation regime for brokering services and technical assistance related to goods that could be used for torture or capital punishment but which also have legitimate applications.

The EU also gives high priority to achieving global eradication of torture and other ill-treatment. The fight against torture and for the abolition of the death penalty is one of the priorities listed in the EU Action Plan on Human Rights 2015-2019.

For further information on why these restrictions are a positive step forward in the international fight against capital punishment and torture see Trade Commissioner Cecilia Malmström’s blog post.