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In the News. The latest
20 lead items are listed below. New: Statewatch
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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 persons assets can be frozen even if the Treasury are
not satisfied of that persons 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
Commissioners 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 EUs 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 EUs 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 governments
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 EUs 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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