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EU: State
guidelines for the exchange of undercover police officers revealed
Statewatch can today publish
a template 'Memorandum of Understanding for the use of undercover
officers' produced by the European Cooperation Group on Undercover
Activities (ECG) in February 2004. It outlines the generic structure
and issues to be covered in agreements for the cross-border deployment
of undercover police officers. This includes the legal framework;
objectives of the deployment; management of the operation; "hard
criteria" such as how evidence may be given in court and
whether carrying a firearm is permitted; and communication with
superiors. While it may simply be coincidence, it is notable
that Mark Kennedy's overseas activities began in the months following
the agreement.
EU: EU
ministers urge Reding to do more for gay rights (euobserver, link) "Fourteen
member states on Thursday (16 May) backed a petition urging the
European Commission to do more for the rights of sexual minorities,
with the last major initiative several years ago."
EU LGBT Survey: Poll on homophobia sparks
concern
(BBC, link) "A quarter of gay people surveyed in a major
EU poll say they have been subjected to attacks or violent threats
in the past five years."
Survey shows widespread LGBT discrimination (Sarah Ludford, link)
"A survey produced by Gallup Europe for the EU Fundamental
Rights Agency (FRA) to mark the forthcoming International Day
Against Homophobia (May 17th) has revealed that almost half (47%)
of the Lesbian, Gay, Transgender and Bisexual community in Europe
has been personally discriminated against or harassed on the
grounds of their sexual orientation."
Northern Ireland: G8: New laws will
allow government to shut down mobile phone network as security
preparations step up a gear
As the G8 summit
in Enniskillen in Northern Ireland draws nearer, it seems that
the security operation surrounding the event will be even more
stringent than those that normally accompany international political
summits.
EU: Implementing
the "solidarity clause": EU secret service to be reinforced?
The "solidarity
clause", known more formally as Article 222 of the Lisbon
Treaty, regulates the use of police, secret service and military
means in case of a crisis within the EU. The EU Commission and
the EU High Representative for Foreign and Security Policy issued
a proposal in December for the legal implementation of the clause.
Spain: Open Access Now: Access
to the Detention centers for foreigners (CIE) of Aluche (Madrid)
denied for NGOs and journalists as part of a delegation with
Members of the European Parliament (link)
"The denial
and the willingness of the government to limit access to only
three MEPs and one parliamentarian of Madrid demonstrate the
opacity surrounding the functioning of detention centers, repeatedly
denounced by civil society, but also by international organizations
and national institutions such as the Ombudsman, the Attorney
General and the Committee for the Prevention of Torture. This
opacity promotes the violation of the rights of detainees in
these centers as these authorities, agencies and organisations
have already shown and make them incompatible with democracy
and the rule of law."
EU: Field
testing: CLOSEYE project puts drones over the Mediterranean
A multi-million euro border control
project was launched in Spain at the end of April that will see
drones, satellites and aerostats deployed over the southern Mediterranean
in an attempt to provide the EU "with an operational and
technical framework that increases situational awareness and
improves the reaction capability of authorities surveying the
external borders of the EU." [1]
UK: Tests
near completion on new police weapon
On top of CS gas, rubber bullets
and Tasers, another "less lethal weapon" that received
renewed interest following the August 2011 riots is now in "the
late stages of Home Office testing", according to a report
in Police Oracle magazine. The Discriminating Irritant
Projectile (DIP) can be fired up to 40 metres from a baton gun
and releases a cloud of CS (tear gas) particles on impact.
From
Countering Financial Crime to Criminalizing Civil Society: How
the FATF Overstepped the Mark (Open Society Foundations, link)
"A powerful
yet unaccountable global standardsetting body is helping
repressive civil society regulations to spread and flourish across
the globe. Ben Hayes lifts the lid on the Financial Action Task
Force."
Statewatch
Journal (volume 23 no 1) now available to download
The Statewatch Journal has been
redesigned and each issue will now have a thematic focus. This
issue looks at the nexus between austerity, democracy and civil
liberties in Europe.
EU: Meijers
Committee note to the European Parliament on the Smart Borders
proposals
(pdf)
The Meijers Committee
advises the members of the European Parliament to vote against
the Smart Borders proposals and expresses deep concerns with
respect to the:
- proportionality
and practical feasibility of the proposals;
- coherence of the proposals with existing databases;
- applicable standards of data protection for the data subjects;
- conditions for transmission of personal data to third countries;
- broad discretion as regards the issuing of the registered traveler
status;
- proposed amendments in the Schengen Borders Code;
- possible access to the Entry/Exit System for law enforcement
purposes.
Smart Borders
proposals:
Proposal
for a Regulation establishing an Entry/Exit System (COM 2013 95, pdf)
Proposal
for a Regulation amending Regulation (EC) No 562/2006
(COM 2013 96, pdf)
Proposal
for a Regulation establishing Registered Traveller Programme
(COM 2013 97, pdf)
See also: 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 Ben Hayes and Mathias Vermeulen.
EU: Council of the European Union: Data protection: Proposal
for a Regulation on the protection of individuals with regard
to the processing of personal data and on the free movement of
such data (General Data Protection Regulation) - Specific issues (8825/13, pdf)
"This package
comprises two legislative proposals based on Article 16 TFEU,
the new legal basis for data protection measures introduced by
the Lisbon Treaty...The following items are submitted to COREPER
for consideration:
- Material scope
- Territorial scope
- Definition of consent
- Data processing principles
- Freedom of expression and access to public documents."
EU: Data protection: Interoperable
police systems could be unlawfully accessed, warns EU privacy
body
(Out-law, link) European
Data Protection Supervisor opinion on the European Information
Exchange Model (full text, pdf)
"European
Data Protection Supervisor (EDPS) Peter Hustinx, who advises
EU bodies on data privacy issues, said that making systems interoperable
with one another could lead to police databases being used for
different purposes for which they were originally established.
This would run counter to EU data protection laws, he said."
Background:
EU: Commission
rules out new law enforcement databases - but seeks more data
for Europol
EU: Communication
from the Commission to the European Parliament and the Council
Strengthening law enforcement cooperation in the EU: the
European Information Exchange Model (pdf)
Increasing Resilience in Surveillance Societies (IRISS): Call
for contributions (pdf)
"IRISS is
a European Commission funded research project involving 16 universities
throughout Europe that seeks to question the impact of surveillance.
The project aims to better understand attitudes toward surveillance
and monitoring in contemporary Europe...We would like to hear
some of your views on how surveillance may impact on your everyday
life and how you feel about that."
Italy: Ex-police
in Genoa G8 beatings assigned social work (Gazzetta del Sud, link)
"Three policemen found guilty by Italy's highest appeals
court in 2012 of grievous misconduct for beatings at the 2001
G8 summit in Genoa have been assigned social-service duties by
a tribunal in the northern Italian port city."
EU: Aerial
surveillance at the Greece-Turkey border: Frontex wants to buy
a plane
The EU border
agency, Frontex, is looking to buy a plane that will allow it
to undertake night-time surveillance of the land border between
Greece and Turkey as part of a pilot project that will run from
July until September. Aerial surveillance imagery will be used
to guide the actions of border guards stationed on the ground,
in a region where intensified border controls have already led
to the death of migrants attempting to reach Europe by increasingly
dangerous routes.
EU: Council of the European Union: Proposal
for a Directive of the European Parliament and of the Council
on conditions of entry and residence of third-country nationals
in the framework of an intra-corporate transfer (8973/13, pdf) Four
column table ahead of the meeting of Justice and Home Affairs
Counsellors on 7 May 2013.
EU: Council of the European Union: Draft
Regulation of the European Parliament and of the Council establishing
the European Border Surveillance System (EUROSUR, 8944/13, pdf) The latest four-column
table with Presidency drafting suggestions and comments on the
different issues discussed so far with the European Parliament.
The final trilogue with the EP is scheduled to take place on
29 May 2013.
State of Civil Society report 2013: How international
rules on countering the financing of terrorism impact civil society (by Ben Hayes, link)
See also: Full
report (pdf)
"This chapter
describes some of the ways in which the work of civil society
organisations continues to be constrained by the global CFT [countering
the financing of terrorism] framework. Although many of these
effects may be described as unintended consequences, they are
also the outcome of a culture of suspicion in which links between
charities and terrorist organisations have been exaggerated while
measures to protect freedom of association and expression have
been disregarded."
UK: Thousands
more Tasers issued to police in London
Police in London are being
armed with an increasing number of "less lethal" weapons.
Taser guns - electroshock weapons that deliver up to 1,200 volts
into the body through metal probes that pierce the skin - are
being made available to hundreds more police officers, leading
to growing unease amongst politicians and the public. Concerns
are being raised over the necessity and likely effectiveness
of an increase in the use of the electroshock weapons, and an
attempt is underway to have the legality of the decision-making
process behind Taser use assessed by the courts.
EU: European
police to gain access to visa database
Europol and national
law enforcement authorities look likely to obtain access to asylum
seekers' and irregular migrants' fingerprints held in the Eurodac
database, following approval from the European Parliament's Civil
Liberties Committee.
Europe's law
enforcement databases are developing swiftly. The move to give
police forces across Europe across to the VIS - which can hold
up to 70 million records - coincides not just with the agreement
between the Parliament and the Council on law enforcement access
to the Eurodac database, but also with the launch of the Schengen
Information System II, which became fully operational at the
beginning of April.
See also: European
Parliament: MEPs
back deal with Council on police access to asylum seekers
fingerprints
(press release, pdf)
EU: Europol: EU
terrorism situation and trend report 2013 (pdf) See also: Rise
in terrorist attacks in Europe in 2012 (Europol website, link)
Statewatch analysis: If
at first you dont succeed
European Commission
proposes new rules on interception and disembarkation during
Frontex sea operations (pdf)
On 12 April 2013,
the European Commission submitted a draft regulation establishing
rules for sea border surveillance in the context of operations
coordinated by Frontex. This proposal follows an ECJ (Court of
Justice of the European Union) ruling in September 2012 which
annulled the earlier Decision 2010/252 on the same matter after
the European Parliament challenged the validity of the procedure
adopted to pass the Decision.
EU: European Parliament: Civil
Liberties Committee rejects EU Passenger Name Record proposal (press release, link)
A European Commission
proposal to allow the use of EU air passenger name record (PNR)
data in investigating serious crime and terrorist offences was
rejected by Civil Liberties Committee MEPs Wednesday, by 30 votes
to 25. MEPs
vote down air passenger data scheme (euobserver, link)
Statewatch analysis: Secrecy
reigns at the EUs Intelligence Analysis Centre (pdf)
The Centre's
reports are widely distributed within the EU and have a direct
bearing on political decision-making despite an alarming lack
of operational transparency and democratic accountability.
See also: European
Parliament: EEAS
could do much better, say MEPs in first major review (press release, link)
Draft
Report with a proposal for a European Parliament recommendation
to the High Representative of the Union for Foreign Affairs and
Security Policy and Vice President of the European Commission,
to the Council and to the Commission on the 2013 review of the
organisation and the functioning of the EEAS (pdf)
UK: House of Lords European Union Committee: EU
police and criminal justice measures: The UKs 2014 opt-out
decision
(pdf)
"On the
basis of the evidence we have received we do not consider that
the Government have made a convincing case for exercising the
opt-out. We are not persuaded by the arguments in favour of exercising
the opt-out which some witnesses have made, and we find that
the evidence supports the reasoning of those opposed to its exercise.
Opting out of the police and criminal justice measures would
have significant adverse negative repercussions for the internal
security of the United Kingdom and the administration of criminal
justice in the United Kingdom.
We do not believe
that any possible alternative arrangements, which would involve
a great deal of work to conceive, would be worth it simply to
avoid the jurisdiction of the CJEU, which we do not believe poses
an objective threat and whose jurisdiction in this area cannot
be completely excluded in any event."
See also: EU
crime optouts 'could damage UK crime fighting' (BBC, link)
Top reports and services 2004-2012
See: Resources for researchers:
Statewatch Analyses: 1999-ongoing
EU: 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 Unions external borders. Such a highly parochial approach
taken to a massive scale threatens some of the EUs fundamental
values - under the pretence that ones own interests are
at stake. Such an approach borders on the inhumane."
Statewatch's
20th Anniversary Conference, June 2011: Statewatch
conference speeches
TNI - Statewatch:
Counter-terrorism,
'policy laundering' and the FATF - legalising surveillance, regulating
civil society
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
EU: Major report
from Statewatch and the Transnational Institute:
NeoConOpticon
- The EU Security-Industrial Complex by Ben Hayes (pdf): 235,180+
copies downloaded. Executive Summary (pdf) and NeoConOpticon
blog
SPECIAL STATEWATCH
REPORT: The
Shape of Things to Come - the EU Future Group (Version.1.3) by Tony
Bunyan: 67,134+ copies downloaded. The report calls for a meaningful
and wide-ranging debate before it is too late
for privacy and civil liberties. 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."
See also ongoing: Statewatch Observatory: The Stockhom
Programme
See: Tony Bunyan's column in
the Guardian: View
from the EU
Statewatch publication:
Border
wars and asylum crimes by Frances Webber (38 pages, pdf): "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: 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.
Europe: A collection
of "Essays
in defence of civil liberties and democracy" was published
in 2005
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
"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)
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