This document is an excerpt from the EUR-Lex website
Ban on trade in torture instruments
The European Union (EU) is opposed to capital punishment, torture and other cruel and unusual punishment* in non-EU countries. For this reason, it bans the trade of certain types of equipment and products that could be used for such purposes like gallows, electric chairs and lethal injection systems.
ACT
Council Regulation (EC) No 1236/2005 of 27 June 2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment
SUMMARY
WHAT DOES THIS REGULATION DO?
It prohibits any export or import of goods that have no practical use other than for the purpose of capital punishment, torture and other cruel, inhuman or degrading treatment or punishment. It also establishes an authorisation system for the export of goods that could be used for such purposes.
KEY POINTS
BACKGROUND
The absolute ban on torture and ill-treatment enshrined in core United Nations human rights conventions is reflected at the EU level in the Charter of Fundamental Rights, which states that ‘no one shall be subjected to torture or to inhuman or degrading treatment or punishment’. The charter also prohibits capital punishment.
KEY TERMS
*Unusual punishment: punishment causing pain, suffering or humiliation beyond the moral sense of a community.
For more information, see anti-torture measures on the European Commission’s website.
REFERENCES
Act |
Entry into force |
Deadline for transposition in the Member States |
Official Journal |
Regulation (EC) No 1236/2005 |
30.7.2006 |
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|
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Act |
Entry into force |
Deadline for transposition in the Member States |
Official Journal |
Regulation (EU) No 37/2014 |
20.2.2014 |
- |
Successive amendments and corrections to Regulation (EC) No 1236/2005 and its annexes have been incorporated in the basic text. This consolidated version is for reference purposes only.
RELATED ACTS
Commission Implementing Regulation (EU) No 775/2014 of 16 July 2014 amending Council Regulation (EC) No 1236/2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment (OJ L 210, 17.7.2014, pp. 1-10)
last update 03.08.2015