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    ISSN 1756-851X
 17 November 2010
 

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For full contents see: Statewatch News online with news, analysis, documentation and archives or What's New: which lists all new items on the website. See also: In the News. The latest 20 lead items are listed below. New: Statewatch Sitemap

EU: Major report from Statewatch and the Transnational Institute: NeoConOpticon - The EU Security-Industrial Complex by Ben Hayes (pdf):196,882 copies downloaded. Executive Summary (pdf) and NeoConOpticon blog


EU: Migreurop annual report: European borders: controls, detention and deportations (6 MB, pdf) and Introduction (link):

"For its second annual report on the European borders, Migreurop has chosen to emphasize three main steps of the fights led by the authorities against the candidates to migration : the controls of their movements, detention and deportation.

Based on evidences from fact finding missions, the report gives dramatic examples of this war against migrants which implies a general decline of the law protecting the freedom and integrity of human beings."

EU: European Court of Justice: European Arrest Warrant: A national court which issues a European arrest warrant may declare that an earlier judgment given under its legal system does not cover the same acts as those referred to in the arrest warrant As a general rule, the judicial authority which arrests the accused may not then refuse to surrender him (Press release, pdf) and Full-text of judgment (pdf)

UK: FITWATCH shut down: Met closes down anti-police blog - Police force suspension of website that offered advice to students involved in last week's rioting (Guardian, link)

EU: Amnesty International: Open Secret: Mounting Evidence of Europe's complicity in rendition and secret detention (57 pages, pdf), Letter (pdf) and Executive Summary (pdf)

EU: European Data Protection Supervisor: Data protection reform strategy: EDPS urges Commission to meet the challenge of an ambitious reform for a strong and effective data protection (Press release, pdf)

EU: European Commission: Taking on the Data Retention Directive - a discussion paper (pdf)

EU: Article 29 Working Party on data protection: Data protection authorities critical on sharing passengers’ data - No objective proof that PNR data are valuable when combating terrorism (Press release, pdf) and Opinion 7/2010 on European Commission's Communication on the
global approach to transfers of Passenger Name Record (PNR) data to third countries
(pdf)

EU: Check out Statewatch's "In the News" (links to a variety of news stories on civil liberties - over 20 in November 2010)

UK: Parliamentary Joint Human Rights Committee report: Legislative Scrutiny: Terrorist Asset- Freezing etc Bill (Second Report); and other Bills (pdf): "we sought clarification as to whether this raising of the threshold means that the standard of proof has also been raised to the civil standard of “balance of probabilities.”

The Government response makes clear that the Treasury do not consider that ‘reasonable belief’ requires the Treasury to be satisfied of the relevant facts to the civil standard of proof. As the Bill stands, therefore, a person’s assets can be frozen even if the Treasury are not satisfied of that person’s involvement in terrorism on the balance of probabilities. In our view, there is scope to amend the Bill to provide for a standard of proof which is higher than that which is currently in the Bill, but which is still lower than the standard required to charge the person with a criminal offence."

UK: Surveillance Society Network: Information Commissioner’s report to Parliament on the state of surveillance (pdf) and see: Surveillance society soon a reality, report suggests: Update to 2006 study prompts information commissioner to press parliament for new privacy safeguards (Guardian, link)

EU: European Parliament: MEPs pressing for Wikileaks Iraq torture follow-up at US summit (euobserver, link): Euro-deputies on Thursday (11 November) called for a "transatlantic inquiry" into Iraqi torture cases described in US war logs published by Wikileaks and pressed EU leaders to follow up on the issue at a meeting with US President Barack Obama next week. The Resolution adopted at the parliament's plenary session on 11 November said: "Although aware that the leaking of classified military documents runs the risk of endangering military personnel, is highly concerned at the recent serious allegations that torture has been condoned in Iraq; calls for this issue to be raised at the EU-US summit with a view to an independent transatlantic inquiry."

EU: Statewatch Analysis: First thoughts on the EU’s Internal Security Strategy (pdf ) by Tony Bunyan:

"Lessons from history tell us that only a “state” can construct and implement an Internal Security Strategy and the EU state is beginning to flex its muscles with its emerging security-industrial complex, the state-private surveillance society and a free market in the exchange of personal information, the proposed EU-PNR, EU-SWIFT and EU exit-entry system, and aggressive new agencies like FRONTEX. When it finally comes together the ISS will embrace these and other initiatives into its operational planning."

UK-EU: Coalition government publishes: European Union Bill (pdf) covering referendum on future EU treaty changes plus Explanatory Notes (pdf) See: UK could transfer powers to Europe without referendum (BBC News, link)

EU: European Data Protection Supervisor (EDPS): Opinion on the European Protection Order and the European Investigation Order in criminal matters (pdf)

EU-USA: European Parliament: Hearing Data Protection in a transatlantic perspective: Future EU-US data protection agreement in the framework of police and judicial cooperation in criminal matters (Brussels, 25/10/2010) (pdf)

EU: Council of the European Union: Draft Council Conclusions on the fight against crimes committed by mobile (itinerant) criminal groups (dated 5 November 2010, pdf) The Council expresses tacit backing for France in its row with the Commission over the expulsion of Roma people with the full force of Europol, the EU Internal Security Strategy and Joint Investigation Teams (JITs) to be deployed. The latest version includes involving non-governmental organisations "reporting threats arising in their surrounding" and, at the suggestion of France, the "criminal misuse and anonymous use of telecommunications" See: EU doc 12694/4/08 (pdf) See: Council of the European Union intervenes in the France-Roma controversy - proposing the targeting of "mobile (itinerant) criminal groups": "itinerant"=travellers=Roma

"The EU already has in place a multitude of measures to combat organised crime including criminal groups "internationally active" starting in 1998 and updated in the Council Framework Decision on the fight against organised crime of 2008. Europol also has a major role in targeting EU-wide organised crime. The proposed Council Conclusions are clearly intended to supplement current measures by the inclusion of the term "itinerant" which means travellers-Roma."

POLAND: Data retention and population surveillance. Poland is leading EU country in terms of access granted to its law enforcement agencies and secret services to retained telecommunication data:

Polish law enforcement agencies requested in 2009 access to traffic data as many as 1.06 million times. This gives 27.5 requests per 1,000 inhabitants, this is in comparison to other EU Member States like the UK (8.6 requests) or the Czech Republic (10 requests), not mentioning Germany (0.2 requests). The statistical data was collected by the Office for Electronic Communications for the purposes of Polish government's response to a questionnaire prepared by the Commission and recently made public by a Polish NGO, the Panoptykon Foundation, in collaboration with the Helsinki Foundation for Human Rights. Evaluating directive 2006/24/EC on the retention of communications data both NGOs stressed that the directive 'was transposed in Poland in a semi-secret way, without adequate public debate'. They add that data retention regime as implemented in Poland 'amounts to invasive surveillance of the entire population, which cannot be accepted in a democratic society'. Finally, they concluded that the implementation of the directive has led to a systemic problem with ensuring safeguards for fundamental rights and the rule of law.
Joint Statement by the Panoptykon Foundation and the Helsinki Foundation for Human Rights (pdf)

EU: European Commission: Sixth report on certain third countries' maintenance of visa requirements in breach of the principle of reciprocity (pdf): "When addressing the other remaining cases of non-reciprocity, i.e. as regards the U.S. (visa requirement for Bulgaria, Cyprus, Romania and Poland) and Canada (visa requirement for Bulgaria and Romania), the EU is confronted with the limits of its reciprocity mechanism as set out in the current acquis. In these cases indeed Member States are considered by third countries not to meet objective criteria for visa waiver set out unilaterally by these third countries in their domestic legislation (e.g. not issuing biometric passports, not meeting thresholds set for visa refusal and/or overstay rates)." (emphasis added).

EURODAC: Ten EU governments want law enforcement agencies to have access to the EURODAC database (which holds the fingerprints of asylum-seekers). The Austria demand is backed by Germany, Spain, France, Lithuania, Slovenia, Portugal, Netherlands, Czech Republic and Hungary. See: CATS Outcomes/Minutes (pdf). The Commission put forward a proposed Regulation amending the one in 2000 on EURODAC on 3 December 2008. This was amended in September 2009 and then again in October 2010 (see text below). The latest proposal removes provision on access for law enforcement agencies: See: EURODAC (SEMDOC, link). The Commission said that: "a proposal for access to Eurodac for the security services had been omitted in this proposal in order to facilitate negotiations with the European Parliament and to speed up the codecision process. A separate proposal for access by the law enforcement services would be presented in 2012."

European Commission proposal on EURODAC (fingerprint database of asylum-seekers) drops the idea of giving access to law enforcement agencies: Amended proposal for a Regulation on the establishment of 'EURODAC' for the comparison of fingerprints for the effective application of Regulation (EC) No […/…] (Recast version) (pdf).

Earlier coverage: European Data Protection Supervisor: Law enforcement access to EURODAC: EDPS expresses serious doubts about the legitimacy and necessity of proposed measures (Press release, pdf) Full text of Opinion (pdf): "The analysis leads to the conclusion that the necessity and proportionality of the proposals, which are both crucial elements to legitimate privacy intrusion, are not demonstrated. As a result, the EDPS has serious doubts whether the proposals are legitimate and whether legislative instruments should be adopted on this basis." (emphasis in original) See also: Standing Committee of experts on international immigration, refugees and criminal law (Utrecht) submission to the Commission on: Proposal to give law enforcement authorities access to Eurodac (pdf) and Developing the European surveillance society: German proposal on police access to Eurodac data. Statewatch analysis of EU plans to give police access to central EU fingerprint database of asylum applicants and "illegal" entrants.

FRANCE: Statewatch Analysis:
France Collective expulsions of Roma people undermines EU’s founding principles (pdf) by Yasha Maccanico: Assurances made by French government ministers to the European Commission that the expulsion of Roma people is being conducted on a case-by-case basis have been contradicted by leaked interior ministry circulars which establish a set time frame for the eviction of 300 "illegal" camps "among which Roma ones are a priority." EU Justice Commissioner Viviane Reding branded France's actions a "disgrace" and called on the European Commission to initiate an infringement action.

SWEDEN-USA: SWEDEN-USA: Stockholm to investigate US embassy surveillance - Swedish prosecutor to look into alleged surveillance by embassy without Sweden's knowledge (Guardian, link). See also: NORWAY-USA: US embassy accused of spying in Norway: The US embassy has been accused of spying in Norway, after a television documentary said it had conducted illegal surveillance of hundreds of Norwegians for the past decade (Daily Telegraph, link) ICELAND: US Embassy in Iceland Admits Surveillance Practice (Iceland Review, link); DENMARK: US accused of spying in Denmark (Press TV, link); FINLAND: Finnish Security Police to investigate possible US surveillance work in Finland (HELSINGIN SANOMAT, link) and Background: Security Incident Management Analysis System (SIMAS) (pdf):

"The Security Incident Management and Analysis System (SIMAS) is a worldwide Bureau of Diplomatic Security (DS) web-based application, which serves as a repository for all suspicious activity and crime reporting from U.S. Diplomatic Missions abroad (all U.S. embassies and consulates)."

Tony Bunyan, Statewatch editor, comments: "It is pretty obvious that it is standard procedure for the US Bureau of Diplomatic Security (DS) to gather intelligence on "suspicous actvity" across the EU."

EU: European Court of Justice: A person can be excluded from refugee status if he is individually responsible for acts committed by an organisation using terrorist methods (Press release,pdf): "The sole fact that a person has been a member of such an organisation cannot mean that he is automatically excluded from refugee status" and Full-text of judgment (pdf)

- Full contents of Statewatch News online with news, analysis and documentation
- In the News carries links to news coverage from across the EU
- What's New covers all new items on the website


Top reports 2004-2010

See: Tony Bunyan's column in the Guardian: View from the EU

UK: Statewatch Analysis: Rolling back the authoritarian state? An analysis of the coalition government’s commitment to civil liberties (pdf) by Max Rowlands

Statewatch analysis: Intensive surveillance of “violent radicalisation” extended to embrace suspected “radicals” from across the political spectrum: Targets include: “Extreme right/left, Islamist, nationalist, anti-globalisation etc” (pdf) by Tony Bunyan.

EU: Statewatch Analysis: The proposed European Investigation Order: Assault on human rights and national sovereignty (pdf) by Steve Peers, Professor of Law, University of Essex: "the combined abolition of dual criminality and territoriality requirements represents both a fundamental threat to the rule of law in criminal law matters – which is required by Article 7 ECHR (legal certainty of criminal offences) and Article 8 ECHR in this field (invasions of privacy must be in accordance with the law) – and an attack on the national sovereignty of Member States, which would in effect lose their power to define what acts are in fact criminal if committed on the territory of their State."

European Commission: Stockholm Programme: Statewatch Analysis: Action Plan on the Stockholm Programme: A bit more freedom and justice and a lot more security (pdf) by Tony Bunyan

Statewatch Analysis: The right to protest: “Troublemakers” and “travelling violent offenders [undefined] to be recorded on database and targeted by Tony Bunyan: "Since the onset of the EU’s response to the “war on terrorism” the prime targets have been Muslim and migrant communities together with refugees and asylum-seekers. Now there is an emerging picture across the EU that demonstrations and the democratic right to protest are among the next to be targeted to enforce “internal security”.

Statewatch Analysis: EU proposals to increase the financial transparency of charities and non-profit organisations by Ben Hayes: "The Financial Action Task Force (FATF) has strongly promoted the thesis that terrorist organisations use laundered money for their activities, and that charities are a potential conduit for terrorist organisations."

SPECIAL STATEWATCH REPORT: The Shape of Things to Come - the EU Future Group (Version.1.3) by Tony Bunyan: 63,003 copies downloaded. The report calls for a “meaningful and wide-ranging debate” before it is “too late” for privacy and civil liberties. The proposals set out by the shadowy "Future Group" set up by the Council of the European Union include a range of highly controversial measures including new technologies of surveillance, enhanced cooperation with the United States and harnessing the "digital tsunami". In the words of the EU Council presidency: "Every object the individual uses, every transaction they make and almost everywhere they go will create a detailed digital record. This will generate a wealth of information for public security organisations, and create huge opportunities for more effective and productive public security efforts." This major new report The Shape of Things to come (60 pages) examines the proposals of the Future Group and their effect on civil liberties. It shows how European governments and EU policy-makers are pursuing unfettered powers to access and gather masses of personal data on the everyday life of everyone – on the grounds that we can all be safe and secure from perceived “threats”. The Statewatch report calls for a “meaningful and wide-ranging debate” before it is “too late” for privacy and civil liberties. See also ongoing: Statewatch Observatory: The Stockhom Programme

Statewatch publication: Border wars and asylum crimes by Frances Webber (38 pages, pdf - 4.685 copies downloaded: "When the pamphlet ‘Crimes of Arrival’ was written, in 1995, the title was a metaphor for the way the British government, in common with other European governments, treated migrants and especially, asylum seekers. Now, a decade on, that title describes a literal truth.... There is a frightening continuity between the treatment of asylum claimants and that of terrorist suspects. In the name of the defence of our way of life and our enlightenment values from attack by terrorists or by poor migrants, that way of life is being destroyed by creeping authoritarianism, and those values – amongst which the most important is the universality of human rights – betrayed." See also: Crimes of arrival: immigrants and asylum-seekers in the new Europe (12 pages, 1995, pdf). To order hard-copy see: Statewatch Publications

EU: The dream of total data collection by Heiner Busch. Status quo and future plans for EU information systems
Terrorist lists" still above the law by Ben Hayes
EU: Secret trilogues and the democratic deficit by Tony Bunyan
EU: Returns Directive: "Against the Outrageous Directive" speech given by Yasha Maccanico in EP
Cementing the European state by Tony Bunyan, New emphasis on internal security and operational cooperation at EU level
EU-SIS Schengen Infornation System Article 99 report by Ben Hayes
Policing protests in Switzerland, Italy and Germany
The surveillance of travel in the EU where everyone is a suspect by Tony Bunyan

EU: Statewatch Report: Arming Big Brother: new research reveals the true costs of Europe's security-industrial complex by Ben Hayes (pdf, April 2006). The European Union is preparing to spend hundreds of million on new research into surveillance and control technologies, according to Arming Big Brother, a new report by the Transnational Institute (TNI) and Statewatch. Press release (English) Press release (Spanish, link) Copy of full report (English, pdf) Copy of full report (Spanish, pdf) Hard copies of Arming Big Brother can be obtained from: The Transnational Institute, please send an e-mail to: wilbert@tni.org with your request.

EU: "Unaccountable Europe" by Tony Bunyan (Statewatch editor) in Special issue of Index on Censorship: "Big Brother Goes Global" (December 2005)

Europe: Launch of the European Civil Liberties Network (link) - The ECLN was launched on 19 October 2005 as a long-term project to develop a platform for groups working on civil liberties issues across Europe. A collection of "Essays in defence of civil liberties and democracy" was published to mark the launch the ECLN

Global surveillance: Global coalition launch report and international surveillance campaign: Statewatch, with partner organisations the American Civil Liberties Union (ACLU), Focus on the Global South, Friends Committee (US) and the International Civil Liberties Monitoring Group (Canada) today publishes an in-depth report: "The emergence of a global infrastructure for registration and surveillance" (20 April, 2005).

Statewatch report: Journalism, civil liberties and the war on terrorism (full-report/request printed copy) - Special report by the International Federation of Journalists and Statewatch including an analysis of current policy developments as well as a survey of 20 selected countries in Africa, Asia, Europe, Latin Amercia, the Middle East and the USA (published World press freedom day, 1 May 2005)

Statewatch analysis: The exceptional and draconian become the norm - G8 and EU counter-terrorism plans (updated 26 March 2005 pdf)

Statewatch "Scoreboard" on EU counter-terrorism plans (pdf) agreed in the wake of the Madrid bombings. Our analysis shows that 27 out of the 57 EU proposals have little or nothing to do with tackling terrorism - they deal with crime in general and surveillance: Analysis in Spanish (March 2004)

The road to "1984" Part II: Everyone in the EU will have to have their fingerprints taken to get a passport (February 2004)


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