The Export of Goods Used for Torture and the Applicability of Article 3 echr

Abstract

Abstract Article 3 of the European Convention on Human Rights (echr or Convention) is currently not understood to apply when Council of Europe member states export goods that could be used for torture, the death penalty, or other ill-treatment in third states. In 2021, the Committee of Ministers of the Council of Europe recommended states to take measures against trade in such goods, also recalling Article 3 echr. Following an analysis of relevant rules in the EU Anti-Torture Regulation, the UN Convention Against Torture, and the echr, the paper demonstrates how Article 3 echr may be interpreted so as to apply to export. As the person (at risk of) suffering torture, the death penalty, or other ill-treatment will be located abroad, the paper examines three alternative models for extraterritorial jurisdiction. It concludes that, at a minimum, the Convention could accommodate an obligation to investigate after an export has taken place.