Join statewatch e-mail list   
SEARCH Statewatch database   
 
    www.statewatch.org;
    ISSN; 1756-851X
    13; March 2016
 

Statewatch: News home page
 

News online - current lead stories      Follow us on and  Bookmark and Share
Top 20 stories - for full contents see: Statewatch News online or What's New: lists all items on the website.

JUNE 2016: STATEWATCHING EUROPE: European conference marking Statewatch's 25th anniversary

Statewatch Observatory: Refugee crisis in the Med and inside the EU - a humanitarian emergency: Daily news and document updates


Migrant crisis: Turkish guards hit migrant boat with sticks (BBC News, link): "The BBC has been given a video showing Turkish coastguard using sticks against a boat full of migrants as they sail to Greece in the Aegean Sea. The incident is said to have happened in Turkish waters as the migrants were on their way to the island of Lesbos."

UNHCR Daily Report, 11.3.16:

"Turkish Minister of EU Affairs, Volkan Bozkir, stated that the agreement, under which Turkish authorities are to readmit refugees and migrants from Greece does not apply to people who have already reached the Greek islands but to those who will arrive once the agreement begins to be implemented." [emphasis added]

Refuge crisis: EU-TURKEY DEAL: Majority of Spanish Congress against EU refugee deal signed by acting PM - This is the first time that the lower house has opposed a European agreement (El Pais, link):

"Acting Prime Minister Mariano Rajoy will go to the European Council on March 17 to defend a position that most of Spanish Congress radically rejects.

Except for his own Popular Party (PP), all other congressional groups – 227 deputies out of a total of 350 – feel that the European Union’s deal with Turkey to expel refugees is illegal.... This is the first time that a vast majority of Congress has rejected a deal subscribed to by the EU government. Socialist leader Pedro Sánchez said the European deal with Turkey was “immoral” and possibly even “illegal.”

“We have a week to change this agreement. The European Council of March 17 and 18 cannot approve this pact of shame,” he said."

Danish children’s rights activist fined for people trafficking (Guardian, link): "Lisbeth Zornig says her fine for giving a lift to family of Syrians is ‘criminalising decency’ amid asylum clampdown in Denmark A high-profile Danish campaigner for children’s rights was prosecuted on Friday under people trafficking laws, shining a spotlight once more on the country’s crackdown on asylum, as Scandinavian countries compete to make themselves unattractive destinations for refugees.

Lisbeth Zornig, the country’s former children’s ombudsman and a well-known author, was fined DKr22,500 (£2,328) – the maximum demanded by the prosecutor – by a court in Nykøbing Falster, southern Denmark, for allowing a family of Syrians to hitch a ride with her to Copenhagen. er husband was fined the same amount for taking the family into his home for coffee and biscuits, and then driving them to the railway station, where he bought them tickets to Sweden. “This was a political trail, using me and my husband to send a strong message: don’t try to help refugees,” Zornig said after the verdict. “I am very angry because the only thing we did was the decent thing, the same that hundreds of others did. They are criminalising decency.” Zornig has decided to appeal against the verdict."

EU: ECRE Memorandum to the European Council Meeting 17 – 18 March 2016: Time to Save the Right to Asylum (pdf): "Ahead of the European Council Summit meeting of 17 and 18 March 2016, ECRE urges Heads of State or Government to assume political leadership and pave the way for a concerted EU response to what primarily continues to be a refugee crisis and not only a migratory phenomenon. Such a response must be based on the principle of solidarity and fair sharing of responsibility and respect for human rights. Current fragmented national approaches have added to the suffering of refugees and migrants."

And see: Letter sent to President of the European Council Donald Tusk, President of the European Commission Jean Claude Juncker and EU Heads of State or Government (link):

Refugee crisis: latest news from across Europe (11.3.16)

EU: Justice and Home Affairs Council: 10-11 March 2015: Final Press release, 10-11-3-16 (pdf)

Justice and Home Affairs Council adopts Conclusions on "migrant smuggling" and facilitating "illegal entry & transit"

- the "humanitarian exception" of helping refugees is seen as an "obstacle" to prosecutions - the term "refugee" is not mentioned once

Tony Bunyan, Statewatch Director, comments:

"Has the threat to criminalise NGOs, volunteers and local people disappeared? On the contrary, it has moved formally onto the agenda for Eurojust to conclude that the "humanitarian exception" of helping refugees in need is an "obstacle" to the investigation and prosecution of "migrant smugglers".

At the same time, here and now, in Greece NGOs and volunteers are being required to register with the state-police and account to them for all their actions."  

See: NGOs and volunteers helping refugees in Greece to be placed under state control and Refugee crisis: latest news and documents (10.3.16)

UN human rights chief to discuss "very serious concerns" over proposed EU-Turkey deal during Brussels trip

"The EU's draft arrangement with Turkey earlier this week raises a number of very serious concerns. We do not yet have full details of this draft, and I plan to discuss my concerns in full during my visit to Brussels early next week, before the two-day EU Summit which begins on 17 March. Among my concerns is the potential for collective and arbitrary expulsions, which are illegal. Border restrictions which do not permit determination of the circumstances of each individual violate international and European law.

Full statement: Statement by Zeid Ra'ad Al Hussein, United Nations High Commissioner for Human Rights, to the Human Rights Council's 31st session (10 March 2016, pdf) and: Refugee crisis: latest news from across Europe (11.3.16): joint NGO statement against border closures; non-assistance to migrants in distress; interview with International Organisation for Migration director.

Prison capital: UK locks up more people than any other EU member state

The latest Council of Europe (CoE) prison statistics show that the UK imprisons more people than any other member of the European Union, with over 95,000 behind bars. Of the 47 member states of the Council of Europe, only Russia (671,027 people) and Turkey (151,451) have more people in prison. Within the UK, Scotland has the highest rate of incarceration, and between 2005 and 2014 the country's prison population rate rose by over twice as much as in England and Wales.

Across the 47 member states of the Council of Europe, there has been a decline in overcrowding but it remains a serious problem. Europe's prisons "remain close to the top of their capacity, holding 1,600,324 people." The countries with the most overcrowded penal institutons in 2014 were Hungary, Belgium, the Former Yugoslav Republic of Macedonia, Greece, Albania, Spain, France, Slovenia, Portugal, Serbia and Italy. The most common crimes for which people are imprisoned are drug offences (17% of the total prison population) and theft (14%).

FRANCE: A look at the latest French laws on intelligence collection (Electrospaces.net, link): "Over the last year, The French parliament passed new laws granting additional powers to intelligence services regarding interception of communications and data requests. This is part of a broader reform aimed at creating a legal framework for intelligence practices which were not formally authorized by law before 2015. In the press, it was said that these laws allowed sweeping new surveillance powers, legalizing highly intrusive methods without guarantees for individual freedom and privacy.

This article will focus on the provisions related to communications intelligence (COMINT), including targeted telephone tapping (lawful interception or LI), metadata collection and data requests to internet service providers (ISPs). Targeted interception of the content of internet communications is not regulated by these new laws, but only by older decrees which are still a bit unclear. The new laws are only about collection the metadata of internet communications."

EU: Justice and Home Affairs Council: 10-11 March 2015: Press release, 10-3-16 (pdf) "B" Points Agenda (for discussion, pdf) and "A" Points Agenda (adopted without discussion, pdf) and Background Note (pdf)

Border Guard Agency:

See: Proposal for a Regulation of the European Parliament and of the Council on the European Border and Coast Guard and repealing Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 and Council Decision 2005/267/EC - Provisions on return (LIMITE doc no:6884-16, pdf) and

Proposal for a Regulation of the European Parliament and of the Council on the European Border and Coast Guard and repealing Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 and Council Decision 2005/267/EC (LIMITE doc no: 6652, pdf)

- Proposal for a Regulation of the European Parliament and of the Council on the European Border and Coast Guard and repealing Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 and Council Decision 2005/267/EC - State of play (LIMITE doc no: 6744-16, pdf)

Counter-Terrorism:

- State of play on implementation of the statement of the Members of the European Council of 12 February 2015, the JHA Council Conclusions of 20 November 2015, and the Conclusions of the European Council of 18 December 2015 (LIMITE doc no: 6785-16, pdf)

- Proposal for a Directive of the European Parliament and of the Council on combating terrorism and replacing Council Framework Decision 2002/475/JHA on combating terrorism [First reading] - General approach (LIMITE doc no: 6655-16, pdf)

EU: New "Group of Personalities" (GoP) advance need for "military research" in EU following the "security research" initiative:

Report of the Group of Personalities on the Preparatory Action for CSDP-related research: EUROPEAN DEFENCE RESEARCH: The case for an EU-funded defence R&T programme (5 MB, pdf)

"Europe’s capacity to provide for its own security depends on our ability to continuously innovate to ensure technological leadership and be a credible partner to our allies. The recent dramatic falls in investment in R&T risk undermining our efforts to support the sector and our broader defence and security goals.... This work on research in defence is part of a broader policy goal to strengthen European defence cooperation. To that effect, the Commission will present an Action Plan on defence this year."

Members of the GoP: High-level group of personalities on defence research (pdf) Not an NGO/civil society in sight.

See: EU DEFENCE UNION: Yet another elite "Group of Personalities" set up: Bienkowska launches high-level defence research group (Statewatch database) and EU: Commission proposes military research programme (Statewatch database)

See:Statewatch publications: Security research initiative: Neoconopticon: the EU security-industrial complex (pdf) by Ben Hayes and Arming Big Brother: the EU's Security Research Programme by Ben Hayes

UK: IP BILL: Why are the intelligence agencies revealing their spying techniques? (Guardian, link) "Now that the security services are allowed to record us through our phones, privacy has become impossible – unless we renounce modern telecoms....And is it a good idea to take a chainsaw to your computer or incinerate your iPhone? Certainly, if you have something illegal to hide – although doing so will inevitably limit your ability to commit more crimes. For the rest of us, it all depends on whether we value our personal privacy more highly than the convenience of using modern communications – and whether we think the agencies are on our side." and Snooper's charter: wider police powers to hack phones and access web history (Guardian, link): "Latest version of investigatory powers bill will allow police to hack people’s computers and view browsing history."

See:
Equipment Interference: DRAFT Code of Practice [Spring] 2016 (pdf)

And Statewatch: Remote access to computers: Is it time to go back to the typewriter, carbon paper and Tippex? (March 2015) by Tony Bunyan and EU agrees rules for remote computer access by police forces (September 2009) by Tony Bunyan

European Parliament: MEPs demand details of the EU-Turkey deal and compliance with international law (Press release, pdf):

"MEPs demanded details on Wednesday of the deal struck by EU leaders with Turkey on the management of migrant and refugee flows, underlining that the international asylum rules must be respected. In a plenary debate with the Council and the Commission, most political group leaders insisted that EU accession negotiations with Turkey and talks on visa liberalisation for Turkish nationals travelling to the EU should not be linked to the refugee issue....

Note to editors: Visa exemption rule changes entail switching the country concerned from one annex to Regulation 539/01 to another (such changes are subject to co-decision by Parliament and the Council)."

Refugee crisis: latest news from across Europe (9.3.16)

UNHCR Daily Report (9.3.16): "In Izmir, Turkey, Greek Prime Minister, Alexis Tsipras chaired the fourth Greek-Turkish High-Level Cooperation Council with his Turkish counterpart Ahmet Davutoðlu. Transport, trade, tourism and the refugee issue were exceptionally added to the agenda. Tsipras and Davutoðlu signed the previously announced readmission agreement, according to which people who do not qualify for international protection in Greece will be returned to Turkey."

Comment: This would appear to mean that refugees will have to be brought ashore in Greece and due process undertaken to determine whether or not a person qualifies for international protection.

UNDERCOVER POLICING: Battle over secrecy at Pitchford Inquiry; campaigner confronts police spy who deceived her

As the Pitchford Inquiry into the practice of undercover police in England and Wales approaches, the police are hoping to have the possibility to submit secret evidence, and to continue to use the "neither confirm nor deny" response to crucial questions on their practices and activities.

On the other side of the globe, a campaigner has tracked down a former undercover officer, John Dines, who deceived her into a two-year relationship. Dines is now teaching police in Sydney, on a course that involves the topics "human rights" and "gender sensitivity". A New South Wales politician has stated that: "It is offensive in the extreme that John Dines can be involved in teaching these matters to police in this State."

What’s the Pitchford Hearing About? (Campaign Opposing Police Surveillance, link): "How much of the public inquiry into undercover policing will be held in secret? How much of the police’s information will be revealed?"

Greece and Turkey intensify joint work on migrants (euobserver link): "Greek prime minister Alexis Tsipras met his Turkish counterpart Ahmet Davutoglu in Izmir on Tuesday and signed several agreements to pave the way for the EU-Turkey deal to work.

Tsipras told a joint news conference that the EU deal “sends a clear message to migrants coming from third countries, rather than countries at war ... that there is neither the political will nor the ability to cross to Europe”. [emphasis added]

Comment: This appears to mean that refugees from countries where there are ongoing conflicts - Syria, Irag and Afghanistan - will not be returend under these agreements.

Also: Europe finds no delight in Turkish deal - Planned deal with Turkey attacked from all sides (politico, link):

"German and EU leaders have portrayed the proposed arrangement as a major breakthrough; Europe’s best, possibly last, hope to bring the refugee crisis under control. But a broad spectrum of critics, from national and European MPs, to the UN’s refugee agency to Amnesty International, assailed the plan, arguing it would force the EU to abandon its core principles.

Clearly, Europe is willing to do anything, including compromising essential human rights and refugee law principles, to stem the flow of refugees and migrants to Europe,” Aurelie Ponthieu, a top official at Doctors Without Borders, said in a statement." [emphasis added]

Refugee crisis: The UN, Council of Europe and UNHCR condemn EU leaders' plan for mass refoulement (8.3.16)

EU-Turkey deal could see Syrian refugees back in war zones, says UN (Guardian, link):

"Refugees chief questions legality of agreement to send people back to Turkey without guarantees for their protection. A senior UN official says he is very concerned that a hasty EU deal with Turkey could leave Syrian refugees unprotected and at risk of being sent back to a war zone.

Filippo Grandi, the UN high commissioner for refugees , questioned the legality of an outline deal struck by the EU and Turkey. “As a first reaction I am deeply concerned about any arrangement that would involve the blanket return of anyone from one country to another, without spelling out the refugee protection safeguards under international law,” he said on Tuesday....

Speaking to the European parliament in Strasbourg, Grandi said asylum seekers should only be returned to other states if there was a guarantee that that they would not then be sent back to the place they had fled."

UNHCR's reaction to Statement of the EU Heads of State and Government of Turkey, 7 March (lpdf):

"As for the statement released yesterday after the meeting between EU and Turkey, UNHCR is not a party to it nor privy to all the details and modalities of implementation.

On the face of what appears to have been agreed, we are, however, concerned about any arrangement that involves the blanket return of all individuals from one country to another without sufficiently spelt out refugee protection safeguards in keeping with international obligations.

An asylum-seeker should only be returned to a third state, if (a) responsibility for assessing the particular asylum application in substance is assumed by the third country; (b) the asylum-seeker will be protected from refoulement; (c) the individual will be able to seek and, if recognized, enjoy asylum in accordance with accepted international standards, and have full and effective access to education, work, health care and, as necessary, social assistance.

Legal safeguards would need to govern any mechanism under which responsibility would be transferred for assessing an asylum claim. Pre-departure screening would also need to be in place to identify heightened risk categories that may not be appropriate for return even if the above conditions are met.

Details of all these safeguards should be clarified before the next meeting of the EU Council on 17 March." [emphasis added]


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 15,518,136 user sessions and 119,760,374 "hits" [September 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.