On 31 March 2021, the Committee of Ministers of the Council of Europe adopted Recommendation CM/Rec(2021)2 aimed at controlling cross-border trade in goods that could be used for the purpose of capital punishment or for the purpose of torture and other cruel, inhuman or degrading treatment or punishment. The Swiss Federal Council emphasised that Switzerland supported the adoption of this recommendation.

The Recommendation of the Committee of Ministers of the Council of Europe is largely based on the Regulation (EU) 2019/125 on trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment, adopted by the EU in 2005 and totally revised in 2019. In Switzerland, the recommendation of the Committee of Ministers of the Council of Europe is to be implemented through a new Federal Act on Trade in Torture Goods (Foltergütergesetz, FGG; hereinafter: “Torture Goods Act”). It aims to close the gap existing since 2005 between Swiss and EU legislation.

Therefore, on 19 October 2022, the Swiss Federal Council launched the consultation on the Torture Goods Act. The draft law differentiates between i) goods that can only be used for the purpose of capital punishment or torture (i.e. torture goods), ii) goods that can also be used for torture and iii) medicinal products that are suitable for the execution of the death penalty. The law stipulates corresponding prohibitions and authorisation requirements. The consultation period lasts until 31 January 2023.

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