|
News online - current lead stories
Follow
us on  and
 
Top 20 stories - for full
contents see: Statewatch News
online or What's New:
lists all items on the website.
Civil liberties
are continually under threat: Support our vital work
See Statewatch Observatory:
EU refugee crisis - a humanitarian emergency: For daily news and
document updates
 EU: 499,826 refugees have arrived:
See UNHCR:
Refugees/Migrants Emergency Response (detailed information,
link): 2,962 dead/missing. 129,000 people have arrived in Italy
and 368,394 in Greece: Map:
arrivals on Greek Islands (pdf)
Press
Release: Extreme Poverty during the refugees’ journey (Greek Forum of Refugees, link): "The
Greek Forum of Refugees strongly feels the need to present and
denounce the conditions that the refugees are dealing with, as
soon as they arrive, in the European continent. The continent,
that started values such as Democracy and Solidarity, proves
being unable to apply them practically. Europe can do and offer,
much more than what has been done until today. The GFR receives
every day messages from European citizens that would like to
offer help. Unfortunately, the leaders' policies, worldwide,
do not keep up with this movement and the least that we can do
is to denounce it." Press release: Greek (pdf) and English (pdf)
Security
services accused over Aamer's lengthy detention - Supporters
of Briton’s last Guantánamo detainee celebrate as
questions remain as to why his release took so long (Guardian, link): "The
post 9/11 world was just a few days old when Shaker Aamer was
first imprisoned. Captured by Afghan bounty hunters while attempting
to flee from Kabul with his pregnant wife and their three children,
he was sold on twice, and found himself in US hands. By the end
of the year he was being held at the notorious interrogation
centre that American forces and the CIA had established at the
Soviet-era airfield at Bagram, north of the capital.
Whatever happened
there may explain why Aamer has languished for so long at Guantánamo,
remaining behind bars long after every other British national
and resident had been set free. The interrogators that MI6 and
MI5 had sent to Bagram were warned that they must not take part
in the torture that was being inflicted on the inmates; all received
written instructions that “we cannot be party to such ill
treatment nor can we be seen to condone it”. In practice,
this meant that they would remove themselves from the room before
the abuses began."
Refugee
crisis: latest news from across Europe (20 stories and documents, 25.9.15)
UK-GCHQ: From
Radio to Porn, British Spies Track Web Users’ Online Identities (Intercept, link):
"The
mass surveillance operation — code-named KARMA POLICE —
was launched by British spies about seven years ago without any
public debate or scrutiny. It was just one part of a giant global
Internet spying apparatus built by the United Kingdom’s
electronic eavesdropping agency, Government Communications Headquarters,
or GCHQ.... more than two dozen documents being disclosed today
by The Intercept reveal for the first time several major strands
of GCHQ’s existing electronic eavesdropping capabilities.
One system
builds profiles showing people’s web browsing histories.
Another analyzes instant messenger communications, emails, Skype
calls, text messages, cell phone locations, and social media
interactions. Separate programs were built to keep tabs on “suspicious”
Google searches and usage of Google Maps."
EU-PNR (Passenger Name Record): European Data Protection Supervisor
(EDPS): EU
PNR: EDPS warns against unjustified and massive collection of
passenger data (Press release, pdf):
"the
EDPS published his Second Opinion on the use of Passenger Name
Records (PNR) for the prevention, detection, investigation and
prosecution of terrorist offences and serious crime, he said
that there is a lack of information to justify the necessity
of an EU PNR scheme....
Since the
proposed EU PNR scheme is likely to cover at least all flights
to and from the EU, and may also involve intra EU and/or domestic
flights, more than 300 million non-suspect passengers would potentially
be interested by the EU PNR proposal. Building on his earlier
Opinions on PNR addressing the same issue, the EDPS says that
the available information does not justify why the massive, non-targeted
and indiscriminate collection of passengers' personal information
is necessary and why it is urgently needed.
The EDPS points
out that the EU legislator must ensure that it fully complies
with the strict requirements laid down by the Court since the
Court, applying the Charter, looks with great scepticism upon
any measure which, like the Data Retention Directive, would ‘appl[y]
to persons for whom there is no evidence capable of suggesting
that their conduct might have a link, even an indirect or remote
one, with serious crime’."
and Full-text:
Second
Opinion
(pdf)
REFUGEE CRISIS: EUNAVFOR: Meijers Committee: Military
action against human smugglers: legal questions concerning the
EUNAVFOR Med operation (pdf):
I. There are
no indications that combating migrant smuggling contributes to
the restoration of international peace and security or to ending
the ongoing humanitarian crises;
II. Without express consent from third states or authorization
from the UN Security Council, the EU lacks jurisdiction over
vessels or assets in third-country territorial waters;
III. Without express consent from third-country coastal states
or authorization from the UN Security Council, there is no clear
legal basis for coercive measures against vessels or assets on
the high seas;
EU-PNR (Passenger Name Record): Council of the European Union:
Preparation
of trilogues - Data Protection issues (LIMITE doc no 12032-15, pdf)
"The
outcome of that exchange of views will be the basis for the first
trilogue on the draft Directive to be held on 24 September 2015.
The Presidency will suggest to discuss the data protection elements
of the proposed Directive at a trilogue on the PNR file in the
near future."
SPECIAL: EU Ombudsman
investigating secret "trilogue" decision-making but:
The Council
challenges the right of the European Ombudsman to conduct an
inquiry into secret "trilogues" (which decide most
EU legislation)
In May 2015 Emily O'Reilly, the
European Ombudsman, began an Own-initiative
Inquiry on the "transparency of trilogues (pdf),
But the Council of the European Union challenges the right of
the Ombudsman to carry out such an inquiry: Council
response to the Ombudsman (pdf). "Trilogues" are meetings
of the two EU co-legislators: the Council of the European Union
(the 28 EU governments) and the European Parliament (with the
European Commission in attendance). The purpose of trilogues
is to speed up decision-making by agreeing new legislative measures
quickly at 1st reading.
Steve Peers, Professor of Law,
University of Essex, comments: "The Council's objection
to the Ombudsman's competence is totally unfounded"
Tony Bunyan, Statewatch Director,
comments: "Over 80% of all new EU laws are agreed in these
secret trilogues - they should have no place in a democracy worthy
of the name - they should be held in the open with full public
access to documents so that we can see what is being decided
in our name."
As part of the Inquiry the Ombudsman
has organised a Consultation
meeting (link) on 28 September 2015 (10.00 - 12.00 in
Room JAN 4Q1 of the European Parliament in Brussels).
Statewatch was amongst the first
to criticise secret trilogues: See: Secret
trilogues and the democratic deficit (September 2007,
pdf) - European
Parliament: Abolish 1st [and 2nd] reading secret deals - bring
back democracy “warts and all” (pdf) - Proposed
Commission changes to Regulation on access to documents fail
to meet Lisbon Treaty commitments (pdf)
Refugee crisis:
latest news from across Europe (20 stories and documents, 24.9.15)
REFUGEE
CRISIS: EU SUMMIT: Informal
meeting of the Heads of State or Government (Brussels, 23 September
2015) - Press release (pdf):
"ensure identification,
registration and fingerprinting of migrants (hotspots) and at
the same time ensure relocation and returns, at the latest by
November 2015"
EU to fortify external borders to stem
migrant flow (euobserver,
link): "The EU is forging ahead with plans to restore
control of its external borders amid a refugee crisis unlike
anything seen in recent history. Among the ideas announced in
the early morning of Thursday (24 September), is the establishment
of EU-run quarantine centres for new asylum arrivals by
the end of November and a proposal for an EU border and coast
guard system by December...The quarantine centres – also
known as hotspots – will separate legitimate asylum seekers
from others not entitled to international protection. People
will be finger printed and registered. Rejected applicants will
be returned back to their home countries." [emphasis
added]
Refugee
crisis: latest news from across Europe (36 stories and documents, 23.09.15)
and Refugee
crisis: latest news from across Europe (35 stories and documents, 22.09.15)
REFUGEE
CRISIS: European Commission Communication: Managing
the refugee crisis: immediate operational, budgetary and legal
measures under the European Agenda on Migration (pdf)
"Migration Management
Support Teams working in 'hotspot' areas (see Annex II).
The Support Teams will have an instant impact on the most critical
point in the chain – where the most affected Member States
are finding the sheer number of arrivals too great to manage
effectively. Staff deployed by EU agencies and other EU Member
States will help identify, screen and register migrants on
entry to the EU. This is the first step to a secure future for
those in need, and an early opportunity to identify those who
should be returned to their home countries." [emphasis added]
Comment: This appears to beg
the question about refugees's right to ask for asylum - especially
as the Council Decision has prioritised refugees from Syria,
Iraq and Eritrea - when they are many refugees from Afghanistan
and Somali amongst others?
Commission Press
release (pdf)
Annex 1: Priority
Actions under the European Agenda for Migration to deliver within
six months (pdf)
Annex 2: Migration
Management Support Teams working in 'hotspot' areas (pdf)
Annex III The
Rapid Border Intervention Teams mechanism (RABIT) (pdf)
Annex IV Financial
Support to Member States under the Asylum, Migration and Integration
Fund and the Internal Security Fund (link)
Annex V Member
State and Commission Contributions to the World Food Programme
(link)
Annex VI The
EU Regional Trust Fund ("MADAD Trust Fund") in response
to the Syrian Crisis (link)
Annex VII Implementing
the Common European Asylum System (link)
Link to: Annexes
to Communication (link)
Further Background
European Commission proposals on refugee
crisis (Statewatch)
and Council of the European Union: COUNCIL
DECISION establishing provisional measures in the area of international
protection for the benefit of Italy and Greece (pdf)
plus Commission press release: European
Commission Statement following the decision at the Extraordinary
Justice and Home Affairs Council to relocate 120,000 refugees
(pdf) contains little new detail on what was agreed. 120,000
people are to be relocated over 2 years.
REFUGEE CRISIS: EU at "war"
in the Med: European Parliament: Refugee
crisis: present and future EU military operations in the Mediterranean
(Press release, pdf): "The EU military operation against
people smugglers in the Mediterranean is about to enter its next
phase. After gathering intelligence and setting up the structure,
the operation will now focus on arresting traffickers and disabling
smugglers vessel. The details of the operation were discussed
by MEPs during a meeting of the security and defence subcommittee
on 22 September....
At the hearing, Michael Gahler
(EPP, Germany) asked what would happen if traffickers were found
on "suspicious" ships. Would these ships then be confiscated
and sunk to avoid them being used to transport refugees? Answering
to Gahler, Wosolsobe said the idea was to put smuggler vessels
out of use, but not necessarily destroy them. They could be brought
back to European shores.""
European
Commission: More
Responsibility in managing the refugee crisis: European Commission
adopts 40 infringement decisions to make European Asylum System
work (pdf) See: 40
EU migrant procedures against 19 countries (ANSA, link):
"The European Commission on Wednesday opened 40 infraction
procedures on migrants against 19 countries. They are accused
of not fully implementing the rules of the common European asylum
system, especially in regard to registration and repatriation.
Italy was not among the 19.".
EU:
European Commission: Refugee
Crisis – Q&A on Emergency Relocation (pdf)
EU-USA: Data
Protection: American Mass Surveillance of EU citizens: Is the
End Nigh? (EU Law Analysis,link):"Facebook is
only a conduit in this case: Schrems’ real targets are the
US government (for requiring Facebook and other Internet companies
to hand over personal data to intelligence agencies), as well
as the EU Commission and the Irish data protection authority
for going along with this. In the Advocate-General’s opinion,
the Commission’s decision to allow EU citizens’ data
to be subject to mass surveillance in the US is invalid, and
the national data protection authorities in the EU must investigate
these flows of data and prohibit them if necessary."
CJEU: According
to Advocate General Bot, the Commission decision finding that
the protection of personal data in the United States is adequate
does not prevent national authorities from suspending the transfer
of the data of European Facebook subscribers to servers located
in the United States (pdf): "The Advocate General
considers furthermore that the Commission decision is invalid"
and see: Opinion:
Full-text (pdf)
Also: Safe
Harbor: European Court Advocate General says Agreement should
be declared invalid (EDRI, link) and Facebook
case may force European firms to change data storage practices
(Guardian ,link): "Changes may be required after European
court advocate general accuses US intelligence services of ‘mass,
indiscriminate surveillance"
UNHCR: 120,000
people the bloc is seeking to share equivalent to just 20 days'
worth of arrivals at the current rate .(ekathimerini.com, link)
EU: Council of the European
Union: COUNCIL
DECISION establishing provisional measures in the area of international
protection for the benefit of Italy and Greece (pdf):
The decision is for the resettlement of 120,000 people over
two years from Greece and Italy> Hungary no longer part
of mechanism. In the first year, 66,000 people from Italy and
Greece will be resettled and Hungary will also have to take some
of these asylum seekers (its 'quota' has been set at 1,294 people
over the two years). The 54,000 people who were to be resettled
from Hungary will theoretically be allocated to Greece and Italy
in the second year.
JHA Council enforce migration
plan by majority voting:
Migrant
crisis: EU ministers approve disputed quota plan (BBC
News, link):
"EU interior ministers
have approved a controversial plan to relocate 120,000 migrants
across the continent over the next two years. It will see migrants
moved from Italy, Greece and Hungary to other EU countries. Romania,
the Czech Republic, Slovakia and Hungary voted against accepting
mandatory quotas. After the vote, Slovakia's prime minister said
he would not accept the new quotas. Finland abstained from the
vote. Poland, which had opposed the proposal, voted for it. The
BBC's Europe correspondent Chris Morris said it was highly unusual
for an issue like this - which involves national sovereignty
- to be decided by majority vote rather than unanimous decision."
Commission press release: European Commission
Statement following the decision at the Extraordinary Justice
and Home Affairs Council to relocate 120,000 refugees
(pdf) contains little new detail on what was agreed. 120,000
people are to be relocated over 2 years.
Comment: So far the EU has agreed to relocate 40,000 refugees
who arrived on or after 15 August 2105 over a 1 year period and
now 120,000 over 2 years. But the UNHCR says that : "477,906
people have arrived in Europe via sea so far this year"
. The European Commission states that "Syrians, Eritreans,
Iraqis" are to be prioritised - which leaves out the tens
of thousands who have fled from Afghanistan. The Commission also
states that: "Initial screening of asylum applicants
[to be] carried out in Greece, Hungary and Italy" - where
does this leave the tens of thousands of refugees who already
passed through Greece and Italy since March this year?
EU: Extraordinary Justice and Home Affairs
Council, Tuesday 22 September 2015, Brussels: Background
Note (pdf) and Main
Agenda (pdf): Only one item on relocation.
UN Secretary-General statement: Statement
attributable to the Spokesman for the Secretary- General on the
situation facing refugees and migrants in Europe (pdf):
"He calls on all European States to ensure that they
abide by their international obligations, including the right
to seek asylum, and the prohibition of refoulement. All persons
must be received with dignity and their human rights must be
respected. The Secretary-General has followed with increasing
concern the closing of some borders in Europe, as well as the
lack of proper reception facilities as well as the increased
use of detention and criminalization of irregular migrants and
asylum seekers." Hungary
approves new anti-migrant powers despite outcry (France
24, link): "Hungary on Monday gave the army drastic new
powers to protect its borders, as the UN chief said he was “extremely
concerned” about the treatment of migrants and refugees
in overstretched Europe.... It also gave troops the right to
use rubber bullets, tear gas and net guns at the border
"in a non-lethal way, unless it cannot be avoided"."
[emphasis added]
EU:
European Parliament study: Big
Data and smart devices and their impact on privacy (pdf):
"In this context, and focusing on the development of
Big Data practices, smart devices and the Internet of Things
(IoT), this Study shows that the high degree of opacity of many
contemporary data processing activities directly affects the
right of the individuals to know what is being done with the
data collected about them. This Study argues that the promotion
of a datadriven economy should not underestimate the challenges
raised for privacy and personal data protection and that strengthening
the rights of digital citizens should be the main focus of the
current debates around the GDPR."
EU: Council of the European Union: European
Union Terrorism Situation and Trend Report (TE-SAT) 2015
(53 pages.pdf)
EU:
Council of the European Union: Migration
crisis : aspects of judicial cooperation and fight against xenophobia
- Preparation of the Council meeting (Justice Ministers
(LIMITE doc no:11898-15, pdf): "Hotspots: Eurojust
supports the frontline Member States by participating in the
“Hotspots” and coordinates its efforts with relevant
EU agencies. Currently, Eurojust participates in the Hotspots
in Italy (Catania) and Greece (Piraeus) and its further participation
in other Hotspots should be strengthened by helping prosecutors
on the ground. In this framework, Eurojust should further support
host Member States by providing for coordination with other Member
States and by assisting, where appropriate, in the setting up
of Joint Investigation Team (JIT)."
"We are ashamed" Statement
on the desperate situation in the Mediterranean: "The EU
is behaving shamefully": It is time for the European Parliament
to act: for circulation and joining in support
"In August
four of us, from Statewatch and the European Group for the Study
of Deviance and Social Control, visited Lesvos where we were
horrified to see the situation for refugees deteriorate day by
day, with no sign of effective intervention 'on the ground' from
International Organisations or the governments of the European
Union.
The trip made us ashamed of the EU's response, but applies equally
to the whole situation caused by EU member states and EU policies,
in the Mediterranean, the Balkans, Middle East and Africa:
The MEPs should show leadership in this crisis by insisting
that the other EU institutions develop an effective humanitarian
protection policy on arrival for refugees , and create EU-wide
legal channels to be open to migrants (the initiatives are so
far limited to the highly skilled and seasonal migrants), by
the end of the year. If they do not do so, then the EP should
censure the Commission (ejecting it from office) and shut down
the Council and European Council, by blocking all funding for
their administration. If the parliament does not act now it will
be meaningless to hold further elections."
To sign the Statement (pdf) please send an
email with Support "We are ashamed" statement
in the subject line to: office@statewatch.org Please sign
up as: an organisation/group or your name (group) or as an individual
Statewatch Observatory
on: EU MED crisis - a humanitarian emergency: The Observatory covers the arrival of
migrants and the reactions and failures within the EU (both governmental
and within communities) Updated daily.
Top reports
See: Resources for researchers:
Statewatch Analyses: 1999-ongoing
SECILE Project:
Borderline: The EU's New Border Surveillance Initiatives:
Assessing the Costs and Fundamental Rights Implications of EUROSUR
and the "Smart Borders" Proposals (pdf) A study by the
Heinrich Böll Foundation. Written by Dr. Ben Hayes and Mathias
Vermeulen: "Unable to tackle the root of the problem,
the member states are upgrading the Union’s external borders.
Such a highly parochial approach taken to a massive scale threatens
some of the EU’s fundamental values - under the pretence
that one’s own interests are at stake. Such an approach
borders on the inhumane."
How the EU works and justice and home
affairs decision-making (pdf)
Statewatch's
20th Anniversary Conference, June 2011: Statewatch
conference speeches
TNI/Statewatch:
Counter-terrorism,
'policy laundering' and the FATF - legalising surveillance, regulating
civil society
(pdf) by Ben Hayes
Statewatch publication:
Guide
to EU decision-making and justice and home affairs after the
Lisbon Treaty
(pdf) by Steve Peers, Professor of Law, University of Essex,
with additional material by Tony Bunyan
Neoconopticon: the EU security-industrial
complex
(pdf) by Ben Hayes
The Shape of Things to Come (pdf) by Tony Bunyan
The
Statewatch website
Since its launch this website
has had 15,386,891 user sessions and
117,308,045 "hits" [July 2015]
In the year
2014 there were: 817,219
users sessions and 10,088,230 hits
Join Statewatch regular e-mail
list for new stories: Join Statewatch news e-mail list
The Statewatch
database now holds more than 32,000 records (news,
features, analyses and documentation).
If you use this site regularly,
you are encouraged to make a donation
to Statewatch to support future research.
Statewatch is a non-profitmaking
voluntary group founded in 1991, see: About
Statewatch
Contributions to News online
and bulletin are welcomed, please
get in touch.
The Statewatch
website is hosted by the Phone Co-op:
Statewatch is
funded by
  Friends of Statewatch
Statewatch does not have a corporate
view, nor does it seek to create one, the views expressed are
those of the author. Statewatch is not responsible for the content
of external websites and inclusion of a link does not constitute
an endorsement.
Statewatch is registered under
the Data Protection Act. Information supplied will be not be
passed to third parties. Registered UK charity number: 1154784.
Registered UK company number: 08480724. Registered company name:
The Libertarian Research & Education Trust. Registered office:
10 Queen Street Place, London EC4R 1BE.
© Statewatch
ISSN 1756-851X. Personal usage as private individuals/"fair
dealing" is allowed. We also welcome links to material on
our site. Usage by those working for organisations is allowed
only if the organisation holds an appropriate licence from the
relevant reprographic rights organisation (eg: Copyright Licensing
Agency in the UK) with such usage being subject to the terms
and conditions of that licence and to local copyright law.
|