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EUCACH-Vorschlag: EU-Richtlinie zu physischen Strahlenwaffen (Einführung)

Der EUCACH-Richtlinienvorschlag vom 1. September 2013 (Originaltext, englisch):
Teil 1 - Einführung und Erläuterung


siehe auch: Richtlinientext


EUCACH’s proposal for a EC regulation to ban new physics torture weapons in the European Union. This proposal has been submitted on 1st September 2013 to the LIBE Committee of the European Parliament together with a request for a hearing on these issues.

EUROPEAN COMMISSION

REGULATION

Council Regulation (EC) No _________________ of _________, 201_ concerning weapons systems operating on new physics principles used to torture or inflict other cruel, inhuman or degrading treatment including electronic weapons, electromagnetic weapons, magnetic weapons, directed energy weapons, geophysical weapons, wave-energy weapons, frequency weapons, genetic weapons, scalar weapons, psychotronic weapons, chemtrail aerosol weapons, implant weapons, nanotechnology weapons, high frequency active aural high altitude ultra low frequency weapons, information technology weapons.

“There are three basic types of EU legislation: regulations, directives and decisions.

“A regulation is similar to a national law with the difference that it is applicable in all EU countries.”

European Commission ec.europa.eu

“The European Commission differs from the other institutions in that it alone has legislative initiative in the EU. Only the Commission can make formal proposals for legislation: they cannot originate in the legislative branches. However, the Council and Parliament may request the Commission to draft legislation, though the Commission does have the power to refuse to do so. Under the Lisbon Treaty, EU citizens are also able to request the Commission to legislate in an area via a petition carrying one million signatures, but this is not binding.”

August 29, 2013

Council Regulation (EC) No _________________ of _________, 201_

Council Regulation (EC) No _________________ of _________, 201_ concerning weapons systems operating on new physics principles used to torture or inflict other cruel, inhuman or degrading treatment including but not limited to electronic weapons, electromagnetic weapons, magnetic weapons, directed energy weapons, geophysical weapons, wave-energy weapons, frequency weapons, genetic weapons, scalar weapons, psychotronic weapons, chemtrail aerosol weapons, implant weapons, nanotechnology weapons, high frequency active aural high altitude ultra low frequency weapons, information technology weapons.

Official Journal _______________________________________

Council Regulation (EC) ________________________________

of ______________ 201_

concerning weapons systems operating on new physics principles used to torture or inflict other cruel, inhuman or degrading treatment including but not limited to electronic weapons, electromagnetic weapons, magnetic weapons, directed energy weapons, geophysical weapons, wave-energy weapons, frequency weapons, genetic weapons, scalar weapons, psychotronic weapons, chemtrail aerosol weapons, implant weapons, nanotechnology weapons, high frequency active aural high altitude ultra low frequency weapons, information technology weapons.

(hereinafter collectively referred to as “new physics torture weapons”).

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) Pursuant to Article 6 of the Treaty on European Union, respect for human rights and fundamental freedoms constitutes one of the principles common to the Member States. In view of this, the Community resolved in 1995 to make respect for human rights and fundamental freedoms an essential element of its relations with third countries.

(2) Article 5 of the Universal Declaration of Human Rights, Article 7 of the International Covenant on Civil and Political Rights and Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms all lay down an unconditional, comprehensive prohibition on torture and other cruel, inhuman or degrading treatment. Other provisions, in particular the United Nations Declaration Against Torture and the 1984 United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment, place an obligation on States to prevent torture.

(3) Article 2(2) of the Charter of Fundamental Rights of the European Union states that no one shall be condemned to the death penalty or executed. On 29 June 1998, the Council approved “Guidelines on EU policy towards third countries on the death penalty” and resolved that the European Union would work towards the universal abolition of the death penalty.

(4) Article 4 of the said Charter states that no one shall be subjected to torture or to inhuman or degrading treatment. On 9 April 2001, the Council approved “Guidelines to the EU policy toward third countries, on torture and other cruel, inhuman or degrading treatment “. These guidelines refer to both the adoption of the EU Code of Conduct on Arms Exports in 1998 and the ongoing work to introduce EU-wide controls on the exports of paramilitary equipment as examples of measures to work effectively towards the prevention of torture and other cruel, inhuman or degrading treatment within the Common Foreign and Security Policy. These guidelines also provide for third countries to be urged to prevent the use and production of, and trade in, equipment that is designed to inflict torture or other cruel, inhuman or degrading treatment and prevent the abuse of any other equipment to these ends.

(5) It is therefore appropriate to lay down Community rules on use and on trade with third countries in new physics torture weapons. These rules are instrumental in promoting respect for human life and for fundamental human rights and thus serve the purpose of protecting public morals. Such rules should ensure that Community economic operators do not derive any benefits from trade that either promotes or otherwise facilitates the implementation of policies on torture and other cruel, inhuman or degrading treatment, which are not compatible with the relevant EU Guidelines, the Charter of Fundamental Rights of the European Union and international conventions and treaties.

(6) For the purpose of this Regulation, it is considered appropriate to apply the definitions of torture and other cruel, inhuman or degrading treatment laid down in the 1984 United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and in Resolution 3452 (XXX) of the General Assembly of the United Nations. These definitions should be interpreted taking into account the case law on the interpretation of the corresponding terms in the European Convention on Human Rights and in relevant texts adopted by the EU or its Member States.

(7) The Guidelines to the EU Policy toward third countries on torture and other cruel, inhuman or degrading treatment provide, inter alia, that the Heads of Mission in third countries will include in their periodic reports an analysis of the occurrence of torture and other cruel, inhuman or degrading treatment in the State of their accreditation, and the measures taken to combat it. It is appropriate for the competent authorities to take these and similar reports made by relevant international and civil society organisations into account when deciding on requests for authorisations. Such reports should also describe any new physics torture weapons used in third countries for the purpose of torture and other cruel, inhuman or degrading treatment.

(8) In order to contribute to the prevention of torture and other cruel, inhuman or degrading treatment, it is considered necessary to prohibit the supply to third countries of technical assistance related to goods which have no practical use other than for the purpose of torture and other cruel, inhuman or degrading treatment by new physics torture weapons.

(9) The aforementioned Guidelines state that, in order to meet the objective of taking effective measures against torture and other cruel, inhuman or degrading treatment, measures should be taken to prevent the use, production and trade of new physics torture weapons, including parts and equipment thereof, which are designed to inflict torture or other cruel, inhuman or degrading treatment. It is up to the Member States to impose and enforce the necessary restrictions on the use and production of such equipment.

(10) In order to take into account new data and technological developments, the lists of new physics torture weapons and parts and equipment thereof covered by this Regulation should be kept under review and provision should be made for a specific procedure to amend these lists.

(11) The Commission and the Member States should inform each other of the measures taken under this Regulation and of other relevant information at their disposal in connection with this Regulation.

(12) Member States should lay down rules on penalties applicable to infringements of the provisions of this Regulation and ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive.

(13) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union.


siehe auch: Richtlinientext


Quelle: European Coalition Against Covert Harassment



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