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March 2018

March 2018

CoE: The Commissioner intervenes before the European Court of Human Rights on cases concerning alleged pushbacks of migrants at Spain’s border (link):

"Today the Commissioner published updated written observations that he submitted to the European Court of Human Rights in two cases concerning returns of migrants from the Spanish city of Melilla to Morocco. The cases were referred to the Grand Chamber last January.

The present new observations reiterate the conclusions contained in the Commissioner’s initial submission of November 2015, but also take account of the Commissioner’s subsequent country monitoring work on the subject matter.

The Commissioner underscores that all the information available points to the existence of an established practice whereby Spain’s border guards summarily return to Morocco migrants who attempt to enter Melilla by climbing the fence which surrounds the city. “Such returns take place outside of any formal procedure and without identification of the persons concerned or assessment of their individual situation”, he writes. “This practice, to which the legal amendments adopted in Spain in March 2015 aim at providing legal underpinning, prevents the persons concerned from effectively exercising their right to seek international protection.”

And see: Third party intervention by the Council of Europe Commissioner for Human Rights (pdf)

USA: State Department proposes more surveillance of social media, communications, and travel (Papers, Please!. link):

"Today the US Department of State published proposals in the Federal Register to expand its ongoing surveillance of social media, e-mail, and travel by applicants for immigrant and nonimmigrant (tourism and other temporary visits) visas."

USA: President signs overseas data access bill into law (endgadget, link) and see: Clarifying Lawful 5 Overseas Use of Data Act (pdf)

Leaked EU overhaul gives tech companies 10 days to share ‘e-evidence’ data with police (euractiv, link):

"EXCLUSIVE / Messaging apps and other digital services will be forced to give their users’ data to law enforcement authorities within ten days of receiving requests, or six hours in emergencies, according to a leaked draft of an upcoming EU legal overhaul.

The European Commission will crack down on technology companies that collect so-called electronic evidence that is needed for criminal investigations, regardless of where companies are located or user data is stored, according to proposals obtained by EURACTIV."

EU: Fundamental Rights Agency: Under watchful eyes: biometrics, EU IT systems and fundamental rights (pdf)

"Sharing data with third countries infringes on theprivacy of the person concerned. In the case of persons in need of international protection, it may endanger their safety or the safety of their family members. Interoperability will make access to data easier and therefore increase the risk that data are unlawfully shared with third countries."

And see: It would totally help, EU told, if data we held on migrants was accurate (The Register, link): "The European Union has been warned to sort out data quality in its IT systems that manage asylum and migration, and improve efforts to ensure people know how to exercise their personal data rights."

EU-MED: Statement by 29 academics on Italy seizing the rescue boat Open Arms (pdf):

"Italy should cease its policy of promoting, directing and enforcing returns to Libya with immediate effect, and should cease prosecuting actors who deliver people rescued at sea to a place of safety; In case Italy fails to do so:

1. The UN Security Council should be seized to consider Italy’s actions a threat to international peace and security; to call upon Italy to cease its violations of international law; and to promote a coordinated approach to SAR in the Mediterranean which does not include exposing rescued persons to the risk of grave human rights violations;

2. Côte d’Ivoire, Equatorial Guinea, and Ethiopia – being the the African Union Member States that are currently members of the UN Security Council – whose citizens are directly affected by Italy’s violations of international law, should propose an immediate meeting of the UN Security Council to this end;

3. The Prosecutor of the International Criminal Court should proprio motu open an investigation concerning high-ranking Italian authorities as to their complicity in crimes against humanity taking place in Libya;

4. Each Member State of the Council of Europe should consider filing an inter-state complaint against Italy at the European Court of Human Rights."

EU: Commission: Action Plan on military mobility: EU takes steps towards a Defence Union (Press release, pdf):

"In line with President Juncker's commitment to a fully-fledged Defence Union by 2025, the Commission and the High Representative are presenting an Action Plan to improve military mobility within and beyond the European Union."

With the UK - a strong opponent of Defence Union - leaving the EU moves for its creation are moving swiftly.

See also: Action Plan on Military Mobility (COM JOIN 5-2018, pdf)

UK nationals and EU citizenship: References to the European Court of Justice and the February 2018 decisions of the District Court, Amsterdam (EU Law Analysis. link) by Professor Steve Peers:

"The interim decision of the District Court, Amsterdam, of 7 February 2018 caused quite a stir among Brexit-watchers. The case concerned promised not only to be the first reference to the Court of Justice on Brexit but also to raise one of the most fundamental questions posed by the UK’s decision to withdraw from the EU: whether, in the absence of an agreement to the contrary, withdrawal would necessarily mean that UK nationals would lose their EU citizenship and the rights that status gave them."

European Parliament Study: Equality and the Fight against Racism and Xenophobia (pdf):

"Despite extensive international and EU action and cooperation to tackle discrimination, racism and xenophobia, insufficient progress has been achieved. Approximately two-thirds of the EU population is at risk of discrimination. One-third of all women in the EU have experienced physical or sexual acts of violence. The gender pay gap remains significant. People with disabilities are not provided with the tools to fully exercise their right to independent living. In other areas social progress is under threat of reversal. Certain actors fan the flames of racism and xenophobia, exploiting public anxiety in the wake of the refugee crisis and recent terrorist attacks. In addition, LGTBI people encounter new waves of discrimination and hate crimes."

A Reply to Pragmatists on Mediterranean Migration: Be More Realistic (Regugees Deeply, link):

"In response to a recent proposal on how Italy can combine effective migration control with human rights, policy expert Giulia Lagana argues that the plan lacks the very political realism that it accuses the human rights community of neglecting."

Spanish NGO boat bosses face jail for rescuing Libya refugees (euobserver, link):

"Gerard Canals, operation officer at the NGO Proactiva Open Arms, is not afraid of jail. Earlier this month, the NGO helped save more than 200 people from drowning in the central Mediterranean.

"I may go to prison but I am not really worried because we did nothing wrong," he told EUobserver on Tuesday (27 March) in Brussels.

Canals, along with the captain of the NGO rescue ship, as well as the head of the mission, face 15 year prison sentences and millions of euros in fines for their actions, according to the NGO.

The chief prosecutor of Catania, Carmelo Zuccaro, has accused them of trafficking for having refused to hand people rescued over to the Libyans."

Brexit talks on Irish border to begin in Brussels (BBC News, link):

"In December, the EU and UK agreed that the border could be kept frictionless in three possible ways:

A comprehensive trade deal

A special arrangement for Northern Ireland which could involve technology or unique customs arrangements

A so-called backstop which could mean Northern Ireland or the UK as whole continuing to follow many EU rules

In February, the EU proposed the backstop which would mean Northern Ireland staying in the customs union or single market if there is no other way to maintain a soft border."

European Union steps up its efforts to become the global leader on addressing climate-related security risks (SIPRI,link):

"On 26 February 2018 the European Union (EU) adopted its latest Council Conclusions on Climate Diplomacy following a Council Meeting of Foreign Ministers in Brussels. These Council Conclusions are much more action-oriented than those adopted previously. They illustrate not only that the EU is stepping up its efforts to become a leading global actor when it comes to fulfilling the 2016 Paris Agreement on Climate Change, but also that the EU is now placing far greater emphasis on the need to address and mitigate security risks posed by climate change. This essay discusses what is new in the recent Council Conclusions and puts these updates into context. It also discusses the key steps required for the EU to strengthen its work to mitigate climate-related security risks."

UK-BREXIT: A Bridge to Nowhere? The Brexit transition period: analysis and annotation (EU Law Analysis,link), by Professor Steve Peers:

"ast week saw significant developments in the Brexit talks. On Monday March 19th, the EU27 and the UK agreed on a large part of the proposed withdrawal agreement, most notably the details of a transition period (lasting from Brexit day in March 2019 to the end of 2020) which the UK was particularly concerned to agree. (There were earlier drafts of the entire agreement on February 28 and March 15). Subsequently, on Friday March 23rd, the EU27 decided that there was sufficient progress in the talks to move to adopt its guidelines for the future relationship with the UK, which will take the form (for now) of a declaration linked to the withdrawal agreement. Ultimately, that future relationship will be regulated by separate treaties ratified after Brexit day.

For now, though, I will focus on the core issue of the transition period,..."

UK: Exclusive: The Met spychief who infiltrated Freedom Press (Undercover Research, link):

"After an investigation tracking his articles through the paper and talking to old comrades, Freedom can today reveal at least some of the story of former spycop Roger Pearce as he used our paper to worm his way into Northern Ireland.

Earlier this week it was disclosed that Freedom Press would now be considered a core participant in the Undercover Policing Inquiry, following official confirmation that Pearce had operated as “Roger Thorley,” a former writer for Freedom in the 1970s and ’80s."

EU-TURKEY:: Appeasement will not work with Erdogan (euobserver, link):

"The European Union's top leaders are meeting Turkish President Recep Tayyip Erdogan this Monday (26 March) in the Bulgarian city of Varna.

This is the second mini-summit with the Turkish president in less than a year - and when Turkey is reaching new lows in violating basic human rights and fundamental freedoms as an EU 'acceding candidate country'. (...)

most condemning of all was the United Nations report on human rights in Turkey.

The report, which was quickly dismissed and condemned by the Turkish authorities as full of "unfounded allegations of terrorist organisations", showed in detail how torture, ill-treatment, sexual assault and electric shocks have made a comeback in 'EU candidate' Turkey. "

And see full report: Office of the United Nations High Commissioner for Human Rights: Report on the impact of the state of emergency on human rights in Turkey, including an update on the South-East January – December 2017 (link)

Statewatch Briefing: Another step towards ending EU law-making through secret trilogue meetings (pdf):

Emilio de Capitani’s successful case in the ECJ follows a long line of similar cases - Carvel, Turco, Hautala, Access Info and others – and marks a very important win.

Tony Bunyan, Statewatch Director, comments:

“The parliament discusses and adopts its negotiating position in the open – but as the court noted – it needs to formalise proper procedures for reporting back on the progress of measures.

On the other hand the Council’s discussions on reaching its negotiating position are held in secret working parties – with most documents marked “LIMITE” (not publicly accessible). Many of the arguments for democratic accountability to citizens emphasised by the court also apply to the positions taken by Members States in these closed fora.

And finally, secret trilogues should be open to the public so that we can all see democracy in action.”

Refugee crisis: latest news from across Europe (20-25.3.18)

UK: Government must restore credibility of spy cops inquiry - We are three years into a public inquiry into undercover policing and arguments are still ongoing about which officers can remain anonymous (link, by Jenny Jones)

UK: Anti Apartheid Movement – story (Special Branch Files, link):

"When Nelson Mandela passed away in 2013, British politicians were queueing up to pay tribute. However, it should not be forgotten that the British police went to enormous lengths to infiltrate and disrupt the campaign in this country to help sweep away apartheid. Margaret Thatcher denounced the African National Congress as a typical terrorist organisation.

Previously confidential official files released under the Freedom of Information Act show how Special Branch penetrated the Anti-Apartheid Movement from top to bottom over 25 years – at least from 1969 to 1995. The files presented here come from two different sources. One set was unearthed in 2005 by BBC journalist Martin Rosenbaum, who kindly agreed to share them with the Special Branch Files Project. An additional batch covering 1969-1970 are Special Branch files from the National Archive, photographed by The Guardian journalist Rob Evans. The collection includes files on the policing of the Stop The Seventy Tour (STST) and the protection of the Springboks, the South African Rugby team, touring the UK."

EU: A victory for openness and transparency: The European Parliament must in principle grant access, on specific request, to documents relating to ongoing trilogues - The work of the trilogues constitutes a decisive stage in the legislative process (Press release, pdf):

"In today’s judgment, the General Court finds, first of all, that even after the making available to the public of the documents at issue, Mr De Capitani did not lose his interest in bringing proceedings, since the alleged unlawfulness is liable to recur in the future independently of the circumstances which gave rise to the action brought.

Next, as regards access to the fourth column of trilogue tables concerning an ongoing legislative procedure and emphasising that the principles of publicity and transparency are inherent to the EU legislative process, the General Court finds that no general presumption of non-disclosure can be upheld on the basis of the nature of a legislative procedure.(...)

“It is in fact rather a lack of information and debate which is capable of giving rise to doubts in the minds of citizens, not only as regards the lawfulness of an isolated act, but also as regards the legitimacy of the decision-making process as a whole."

See: Judgment - full-text (pdf)

And: Publish secret law files, demands EU Court in transparency ruling (euractiv, link) and Statewatch Observatory: FOI in the EU

Dutch referendum: Spy tapping powers 'rejected' (BBC News, link):

"Voters in the Netherlands appear to have narrowly rejected new online data collection powers for intelligence agencies in a referendum.

With about 90% of votes counted, 48.8% have rejected the powers, with 47.3% in favour.

An exit poll by the national broadcaster had earlier suggested a victory for "yes". Supporters say the powers could help fight terrorism, while opponents say the law could be invasion of privacy.

Prime Minister Mark Rutte promised to take the vote seriously. Although the result is non-binding a no-vote would need to be taken into account by the government."

Fight Against Terrorism Cannot Justify Restricting Free Speech, Belgian Court Rules (LIberties.eu,link):

"The fight against terrorism cannot justify restricting the freedom of speech, according to a ruling by Belgium's Constitutional Court. The court agreed with Liberties member the Belgian League of Human Rights (LDH), which lodged an appeal in February 2017 against the amendment of Article 140a of the Belgian criminal code. In its ruling, the court found this amendment to be unconstitutional. "

UPDATED: UK: Undercover policing victims walk out of inquiry, demanding resignation of chair

"The core participants, the non-state, non-police core participants, do not want this important Inquiry, something that they so richly deserve to have conducted in an efficacious way, to be presided over by someone who is both naive and old-fashioned and does not understand the world that they or the police inhabit" - Philipa Kaufmann QC

And see: Undercover policing manual – lessons in abuse (link) and Tradecraft Manual (18 MB, link)

UK: House of Commons Home Affairs Select Committee: Brexit negotiations must increase focus on security and policing cooperation to avoid sleepwalking into a crisis (pdf)

"A report published... by the Home Affairs Committee warns of serious legal, constitutional and political obstacles in the way of achieving continued close policing and security cooperation after Brexit. It cautions that these issues need urgently to be resolved, or the UK’s future policing and security capabilities will be seriously undermined."

Top EU privacy watchdog calls Facebook data allegations the ‘scandal of the century’ (euractiv, link):

"This story has been updated on Wednesday (21 March) to include a statement from Andrea Jelinek, the chair of the umbrella group of EU data protection authorities*

Privacy regulators across the EU should join together to investigate allegations that London-based firm Cambridge Analytica illegally analysed millions of Facebook users’ data, the EU’s top data protection watchdog has said.

National authorities from across the EU should form a joint taskforce to determine whether the social media giant and Cambridge Analytica broke the bloc’s strict data protection laws.

“None of us may succeed alone. A joint action is needed,” Giovanni Buttarelli, the EU data protection supervisor, told reporters on Tuesday"

EU-SIS: Secret alerts are increasing rapidly. Why? (link):

"“I view the growing number of Schengen Information System secret alerts with concern: compared with 2016, the issuing of such alerts has increased from around 96,000 (as of: 1 January 2017) to almost 130,000 (as of: 1 January 2018). The reason for secret alerts being issued for an additional 34,000 people must be made clear”, demanded Andrej Hunko, European policy spokesman for the Left Party parliamentary group in the German Bundestag."

CoE: European prisons are almost full, according to latest Council of Europe survey (link):

"European prisons are on average close to full capacity, with inmates occupying over 9 out of ten available places, according to the Council of Europe Annual Penal Statistics (SPACE) for 2016, published today.

The survey shows that the incarceration rate grew from 115.7 to 117.1 inmates per 100,000 inhabitants from 2015 to 2016. This rate had previously fallen every year since 2012, when it reached 125.6 prisoners per 100,000 inhabitants.(...)

The countries where the incarceration rate grew the most were Bulgaria (+10.8%), Turkey (+9.5%), the Czech Republic (+7.6%), Serbia (+6.6%) and Denmark (+5.5%)."

See also: Full Press release (link)

EU-US: Law enforcement access to data: CLOUD Act: Civil society urges US Congress to consider global implications (EDRi, link):

"On 19 March 2018, European Digital Rights (EDRi) co-signed a letter with three other civil society organisations, asking the US Congress to ensure that the “Clarifying Lawful Overseas Use of Data Act” (the US “CLOUD Act”) is not attached to the omnibus bill.

If the CLOUD Act is attached to the omnibus bill, it would mean it would be passed without discussion or modification of very problematic provisions that will impact individuals’ rights worldwide. The US legislator would give up its power to the executive branch of government. The CLOUD Act would authorise the US Government to unilaterally issue executive agreements with a “qualifying foreign government”, such as the European Union and/or its Member States, without “following each other’s privacy laws” and without review by Congress. This decision would have global implications that we urge the US Congress to consider.

First, executive decisions of this kind would facilitate law enforcement access to individuals’ data directly from companies. They, however, would seriously weaken and erode privacy and other rights of citizens around the world, including Europeans." [emphasis added]

TURKEY: UN report details extensive human rights violations during protracted state of emergency

GENEVA (20 March 2018) – Routine extensions of the state of emergency in Turkey have led to profound human rights violations against hundreds of thousands of people – from arbitrary deprivation of the right to work and to freedom of movement, to torture and other ill-treatment, arbitrary detentions and infringements of the rights to freedom of association and expression, according to a report* issued by the UN Human Rights Office on Tuesday.

UK-FRANCE: The secret transcripts of Britain’s most notorious ‘spycop’ that could affect a current French trial (The Canary, link):

"Eight environmental and anti-capitalist activists are on trial in France, thanks partly to the interventions of a discredited British ‘spycop’ (undercover police officer). But a secret ‘dossier’ that reveals his precise role in the ‘Tarnac Affair’ has never been published in full. Until now."

See: National Public Order Intelligence Unit: Review for use and conduct of undercover [officer] and participating status (pdf, with text recognition, 18 July 2008):

"This review ·is submitted in order to update the authorising Officer on the progress of the operation to date and to add Sandra Gobels and Julien Coupat to the subjects authorised for·specific infiltration by the UCO and Operation Pegasus."

And: Shadow of British undercover police officer hangs over French "anarchist cell" trial (Statewatch News, 14 March 2018)

UK: Undercover officers need protection from Greenpeace? You’re joking (The Guardian, link) by Neil Woods:

"I’m increasingly disturbed by the “spycops” public inquiry into the undercover policing of political protest groups, which is having yet another hearing on Wednesday to decide whether or not individual officers should be identified. The Metropolitan police is dictating the terms of this public inquiry and, even to a former undercover police officer like me, it has begun to look like a whitewash.

In 2015, in the spirit of transparency, police misconduct hearings were made public. This means that any constable accused of wrongdoing now features in local newspapers or the national press. So why isn’t the behaviour of the Special Demonstration Squad and the National Public Order Intelligence Unit – at the centre of this inquiry – being examined with the same transparency?"

Italian investigation into people trafficking by Proactive Open Arms: statements from the Open Arms' captain; Amnesty; Migreurop; and Human Rights Watch

Following an incident in international waters 73 miles off the Libyan coast in which the Spanish NGO Proactive Open Arms rescued 218 people and refused to hand them over to the Libyan Coast Guard - which allegedly made death threats to the crew of the boat, the Open Arms - the rescue ship has been impounded in the port of Pozzallo, Sicily, as part of an investigation into potential "criminal cospiracy to promote illegal immigration".

Proactive Open Arms have issued a statement by Marc Reig, the captain of the boat, offering his version of events at sea. Statements denouncing the actions of the Italian authorities have also come from Amnesty International; Migreurop, EuroMed Rights and FIDH; and Human Rights Watch.

UK-EU: The Brexit dilemma: The Irish border: a technological border could mean an all Ireland surveillance society?

- Phillipa Whitford, SNP has pointed out: “simply having a camera on a pole ends up being a defended camera on a pole, which could end up being a patrolled defended camera on a pole”.

See also: latest text of the UK-EU Withdrawal Agreement (pdf)

EU mulls coercion to get refugee kids' fingerprints (euobserver, link):

"Children aged 14 or over may be forced with coercion into giving up their fingerprints, under EU reforms currently being discussed. But resistance against using such force appears to be mounting within the EU parliament.(...)

Anna Maria Corazza Bildt, a centre-right Swedish MEP, told EUobserver she is trying to amend the legislative to remove coercion from the text because "violence should not be used against minors from any law enforcement authority in Europe."

See: Council position (LIMITE doc no: 6106-18 pdf) which includes: "Where a Member State's national law allows for the taking of fingerprints by force or coercion as a last resort" and the Regulation includes giving Member States the power:

"Member States shall […] introduce administrative sanctions including the possibility to use means of coercion, in accordance with their national law, for non-compliance with providing biometric data" and:

"Third-country nationals or stateless persons who are deemed to be vulnerable persons and minors should not be coerced into giving their fingerprints or facial image, except in duly justified circumstances that are permitted under national law."..[emphasis added throughout]

And see earlier document (LIMITE doc no: 5801-18,pdf) and Eurodac: Austria dismisses fundamental concerns over coercive fingerprinting of six-year-olds (Statewatch News) and Joint statement: Coercion of children to obtain fingerprints and facial images is never acceptable (Statewatch News)

European Court of Human Rights: ECHR rejects Irish request to find torture in 1978 judgment against UK (pdf):

"– The European Court of Human Rights has rejected a request by Ireland to revise a 1978 judgment and find that men detained by the United Kingdom during Northern Ireland’s civil strife suffered torture, not just inhuman and degrading treatment.

– Ireland made the revision request in the case (application no. 5310/71) on the grounds that new evidence had emerged, which showed, in particular, that the effects of the ill-treatment had been long-term and severe.

– The Court found that the Government of Ireland had not demonstrated the existence of facts that were unknown to the Court at the time or which would have had a decisive influence on the original judgment. There was therefore no justification to revise the judgment.

– The revision request was dismissed by six votes to one by a Chamber. The judge elected in respect of Ireland issued a dissenting opinion.

The men involved in the case were detained in 1971. They had had to spread-eagle themselves against the wall in a strained position, were hooded, deprived of food and sleep and subjected to a continuous, loud hissing noise. The methods were known as the “five techniques” in the original judgment."
[emphasis added]

And see: Full-text of Judgment (pdf)

European Data Protection Supervisor (EDPS): EDPS advocates an extension of the scope of protection afforded to individuals’ interests in the digital society (Press release, pdf):

"Difficulty in discerning the true from the ‘fake’ has resulted in what the EDPS refers to as a ‘crisis of confidence’ in the digital ecosystem, something which embodies the mutual dependency of privacy and freedom of expression. With the persistent and relentless invasion into our personal lives and the harnassing of intimate data which is sometimes stored indefinitely, people’s willingness to freey and honestly express themselves has been eroded with grave consequences to democracy.

Giovanni Buttarelli, EDPS, said: “The solution is to be found beyond content management and transparency, though they may help where appropriate. What we also need is better enforcement of the rules on data processing, especially sensitive information like on health, political and religious views, and accountability. Antitrust and merger control – with the support of DPAs - has a central role in addressing structural issues of concentrated markets. But with the threat posed to social norms and democracy we now need to expand collaboration to include electoral regulators and audio visial media regulators. We also have to change the incentives in the market. That is why new ePrivacy rules are essential.”

See: Opinion 3/2018: EDPS Opinion on online manipulation and personal data (pdf)

Founder of German far-right group Pegida denied entry to UK - Home Office says Lutz Bachmann’s presence was ‘not conducive to the public good’ (Guardian, link):

"The founder of the German far-right group Pegida has been denied entry to the UK and deported, officials have confirmed.

Lutz Bachmann, who was once pictured styled as Hitler, is the fourth foreign figure in the extreme right wing to be turned away at the UK border in the space of a fortnight.

The Home Office said it had stopped the chair of the anti-Islam, anti-immigration group at Stansted airport on Saturday and deported him the next day, adding that his presence in the UK was “not conducive to the public good”.

Refugee crisis: latest news from across Europe (15-19.3.18) including: Lampedusa hotspot closed and: Irregular migration to Spain: a state of exception

EU: European Commission: Analysis and comparative review of equality data collection practices in the European Union: Data collection in the field of ethnicity (pdf)

"The most effective and economically viable way to assessing the impact and enforcement of anti-discrimination law and policy in the fields covered by the RED [Racial Equality Directive] would be to collect and analyse straightforward racial and ethnic origin data in the national census, surveys and administrative registries. This can and is being done across the world. The size as well as the racial and ethnic diversity of the European continent may pose challenges, but the debate has not yet advanced this far. Instead, data on inequalities - inclusion and integration - is collected about migrants and is planned to be collected on the Roma. This report has demonstrated the shortcomings of such data collection at the national level, including the stigmatizing effect of the use of migrant categories, as well as their inability to capture the population whose situation they seek to measure."

SWITZERLAND-ECHR: Refusal by the Swiss courts to examine a compensation claim relating to alleged acts of torture in Tunisia: no violation

In today’s Grand Chamber judgment1 in the case of Nait-Liman v. Switzerland (application no. 51357/07) the European Court of Human Rights held, by a majority (fifteen votes to two), that there had been: no violation of Article 6 § 1 (right of access to a court) of the European Convention on Human Rights.

The case concerned the refusal by the Swiss courts to examine Mr Naït-Liman’s civil claim for compensation for the non-pecuniary damage arising from acts of torture allegedly inflicted on him in Tunisia.

POLAND: "Iustitia" Association (Polish Judges Association): Response to the white paper on the reform of the Polish justice system, presented by the government of the Republic of Poland to the European Commission (pdf):

"This response to the White Paper compendium presented by the Government of the Republic of Poland to the European Commission was prepared by the Polish Judges Association “Iustitia”, together with a team of experts, in order to present a realistic picture of the reforms of the Polish justice system, which have been made in Poland over the last two years.

The response is designed in the following manner: the argument contained in the document prepared by the Government of the Republic of Poland (written in italics and presented within inverted commas) is first cited and this is followed by a response to this argument presented by the “Iustitia” Association. The “Iustitia” Association will present a comprehensive response to the White Paper in a separate document."

And see: The Chancellery of the Prime Minister: White Paper on the Reform of the Polish Judiciary (pdf)

EU: Europe's New Privacy Law Will Change the Web, and More (Wired, link):

"Consumers have long wondered just what Google and Facebook know about them, and who else can access their personal data. But internet giants have little incentive to give straight answers — even to simple questions like, “Why am I being shown this ad?”

On May 25, however, the power balance will shift towards consumers, thanks to a European privacy law that restricts how personal data is collected and handled. The rule, called General Data Protection Regulation or GDPR, focuses on ensuring that users know, understand, and consent to the data collected about them. Under GDPR, pages of fine print won’t suffice. Neither will forcing users to click yes in order to sign up.

Instead, companies must be clear and concise about their collection and use of personal data like full name, home address, location data, IP address, or the identifier that tracks web and app use on smartphones. Companies have to spell out why the data is being collected and whether it will be used to create profiles of people’s actions and habits. Moreover, consumers will gain the right to access data companies store about them, the right to correct inaccurate information, and the right to limit the use of decisions made by algorithms, among others."

POLAND: The Holocaust Law Triggers Unanticipated Consequences (I-CONnect, link):

"At the end of January, the Polish parliament enacted a law amending the statute on the Institute of National Remembrance (Polish acronym: IPN) – an Orwellian named office the mission of which combines historical research with prosecutorial powers. The new law established an offence, punishable by up to 3 years in jail, of publicly and falsely attributing responsibility or co-responsibility to the Polish nation or the state for crimes against humanity committed by the Nazis during the Second World War. The same law also provides civil sanctions for statements damaging the reputation of Poland or the Polish nation. According to the law, the Institute of National Remembrance as well as selected NGOs would be empowered to bring civil law actions in order to protect the good name of the Republic of Poland or the Polish Nation.

The chilling effect of such penal and civil laws upon scholarly or journalistic debates regarding the darker sides of Polish history is obvious, and the laws clearly resonate with highly nationalistic governmental rhetoric, according to which Polish history is comprised entirely of heroic acts and undeserved victimhood, never of criminal actions. The proposed law is sometimes referred to as “lex Gross”, referring to Professor Jan T. Gross whose books and articles depicting Polish crimes against Jews on German-occupied territories during World War II have provoked heated public debates in Poland over recent decades."

UK terrorism arrests soar but most released without charge, figures show (Middle East Eye, link):

"The number of people arrested in the UK as part of police counter-terrorism investigations but subsequently released without charge has reached unprecedented levels, according to official figures published on Thursday.

The latest statistics, published by the Home Office, show that only 135 out of 412 people arrested in 2017 were subsequently charged, with 228 released without charge.


The latest figures show that only one person in every three people arrested on suspicion of terrorism-related offences last year was charged, a far cry from 2013 when the charge rate was 51 percent."

See: Home Office: Counter terrorism statistics (gov.uk, link) and: Terror watchdog to look into 'Anarchist Cookbook' case (MEE, link)

French anarchist sabotage trial turns to farce (RFI, link):

"Ten years after being rounded up in a well-publicised raid by anti-terror police, defendants in a trial for the alleged sabotage of a rail line did their best to ridicule the prosecution and show their lack of respect for the court this week. The case, which started out as an accusation of a terrorist plot, appears to have been sparked in part by reports from a British undercover cop who has since been exposed by environmental activists.

"Monsieur Coupat, is it really necessary to eat your snack during the proceedings?" presiding magistrate Corinne Goetzmann asked the star defendant on the first day of the "Tarnac trial" as he bit into a cereal bar."

And see: Shadow of British undercover police officer hangs over French "anarchist cell" trial

UK-EU: Families tell Parliament why bereaved relatives need legal aid at inquests (INQUEST, link):

"On Wednesday 7 March, families, lawyers and representatives from the charity, INQUEST, were questioned by MPs of the Joint Committee on Human Rights (JCHR). The inquiry session was part of an ongoing inquiry on attitudes to enforcement of human rights, of which the findings will be presented to government.

At the evidence session Deborah Coles, Executive Director of INQUEST, appeared alongside bereaved families who gave powerful testimonies about their experiences of the inquest process and the ‘inequality of arms’ they face in accessing legal support when state agencies are represented by teams of publicly funded legal experts."

See: Written evidence from INQUEST (pdf) to the: Human Rights: attitudes to enforcement inquiry (parliament.uk, link)

UK: Anti-deportation activists face trial under terrorism-related charges

"On Monday a group of fifteen people will appear in court in Chelmsford, charged with terrorism offences. Their crime? Blocking the take-off of a plane deporting people from Britain against their will. The maximum sentence? Life in prison."

UK-EU: Protection for whistleblowers: UK's planned implementation of EU Trade Secrets Directive criticised

"The UK government is currently in the process of bringing the 2016 EU directive on “trade secrets protection” into national law. The UK's draft regulations give businesses new rights to sue and extract financial damages from people who disclose companies’ internal information. But will journalists, whistle-blowers, and trade unions acting in the public interest also be caught up?"

ITALY: Boat of Mediterranean rescue NGO impounded in Sicily in "promotion of illegal migration" investigation

The prosecutor of Catania (Sicily) ordered on Sunday 18 March the impounding of the boat of Spanish NGO Proactive Open Arms as part of an investigation into the potential "promotion of illegal migration" by the organisation, which late last week refused to follow the orders of the Libyan Coast Guard during a rescue operation.

UK: Home Office rules mean non-British academics can be denied right to strike (The Conversation, link):

"A few weeks ago – back when we used to teach and research rather than stand at picket-lines challenging the marketisation of the university – we discovered that we share something in common. As international staff our right to strike and participate in peaceful, collective action is limited by the Home Office."

UK: Information from the Christopher Alder Campaign for Justice: 20th Anniversary Memorial on 31st March 2018 (Northern Police Monitoring Project, link):

"Christopher Alder died 20 years ago in the early hours of 1st April 1998. He was a fit and active 37-year-old black man who was born and grew up in Hull. He had served as a paratrooper in the 1980s and he was making a life for himself back in Hull when he died.


In 2000 the inquest jury in Hull gave a verdict that Christopher Alder was killed unlawfully. Still no-one has been convicted in connection with this case... the 20th anniversary of Christopher’s death will be commemorated by a protest gathering at 1pm on Saturday 31st March 2018 (Easter Saturday) at Queen Victoria Square, Hull."

Statewatch Analysis: Irregular migration to Spain: a state of exception (pdf) by Chris Jones

"In late 2017, a prison-to-be was converted into a detention centre by Spain’s interior ministry, and used to hold some 500 Algerian nationals travelling to the country by dinghy. One of them subsequently died, isolated in his cell. The majority of detainees have now been deported, and an official investigation into the death remains open, despite a preliminary verdict of suicide. The penitentiary centre, meanwhile, has now officially opened as a prison, but the episode highlights how the treatment of such situations as ‘emergencies’ – despite the fact that they have been ongoing for decades – leads to numerous and serious human rights violations."

UK: BREXIT: IRELAND: House of Commons Select Committee on Northern Ireland report: The land border between Northern Ireland and Ireland (pdf):

"The Committee has heard numerous proposals for how the UK and the EU could ensure customs compliance without physical infrastructure at the border. This is currently the case for enforcement in relation to fuel, alcohol and tobacco. These proposals address the question of compliance through mobile patrols, risk analysis, data-sharing and enforcement measures away from the border. However, we have had no visibility of any technical solutions, anywhere in the world, beyond the aspirational, that would remove the need for physical infrastructure at the border." [para 82]

European Parliament Study: The Use of Chip Implants for Workers (pdf):

"This paper briefly explains the technology of RFID chip implants; explores current applications; and considers legal, ethical, health, and security issues relating to their potential use in the workplace. Compulsory use would be likely to encounter legal and ethical challenges. Even voluntary use might be subject to challenges, for example, on data protection grounds. It seems that the risks of adverse health effects in humans might be considerably less than some have suggested, although they cannot be entirely discounted without better evidence. Contrarily, although there are indications of improvements in recent years, the benefits in terms of enhanced security might not be deliverable with the vulnerability of current RFID chip technology."

EU: Court of Auditors: Special report 07/2018: EU pre-accession assistance to Turkey: Only limited results so far (link):

"As a key foreign policy partner and candidate for EU membership, Turkey is the top beneficiary of EU aid outside the EU. We audited the effectiveness of 3.8 billion euro in pre-accession assistance in the areas of the rule of law, governance and human resources. We found that the assistance is generally well-designed and projects deliver outputs.

However, mainly due to a lack of political will and because the Commission has made little use of conditions, EU assistance has insufficiently addressed some fundamental needs and the sustainability of results is often at risk. We therefore consider the effectiveness of the funding to be only limited and make a number of recommendations for improvements, including better targeting of funds and increased conditionality."

See: CoA: Report (pdf)

CoE: Parliamentary Assembly: Positive narratives to stop terror – appealing to ‘shared values’ (link):

"Council of Europe member States should go beyond security measures and work with Muslim communities and other priority audiences to produce “tailored, flexible and positive” alternative narratives to terrorist propaganda and violent extremism, PACE’s Legal Affairs Committee has said."

See: Report (pdf)

European Commission: European Agenda on Migration: Continuous efforts needed to sustain progress

"Ahead of the March European Council, the Commission is reporting today on progress made under the European Agenda on Migration and sets out further key actions to be taken, including as set out in the Commission's roadmap from December 2017 towards a comprehensive deal on migration by June 2018."

See: Press release (pdf)

UK: Police watchdog launches probe after man dies after being restrained in Lewisham (The Telegraph, link):

"The police watchdog has begun an investigation into the death of a man who died after being restrained.

Scotland Yard said they were alerted by a call at around 2.20pm on Friday from a member of the public saying that a man was trying to get into the rear gardens of homes on Polsted Road in Lewisham, south-east London.

The Metropolitan Police have reported that the 35-year-old man appeared to be having a mental health crisis and footage from body-worn cameras show he was in an agitated state, according to the Independent Office for Police Conduct (IOPC).

The man was restrained at the scene, the IOPC said.

An ambulance was called and paramedics had arrived by the time he became unwell. He was taken to Lewisham Hospital by ambulance where he died."

The UK penal system is designed by men, for men (The Guardian, link):

"Ten years after the Corston report was published, calling for a radical change to the way women are treated throughout the criminal justice system, little has changed. The need for a distinctive approach to meeting the needs of women in trouble with the law is well established; it’s a system largely designed by men, for men. Despite the harmful impact of women’s imprisonment being well known, with worrying increases in incidences of self harm and suicide, it is still happening.

There are an estimated 4,000 women in prison today. That’s less than 5% of the total prison population but many more have been affected at some point in their lives. Seven in 10 women entering prison are sent there to serve sentences of six months or less. Last year, one in four was sentenced to 30 days or less, and almost 300 women were given sentences of two weeks or less. That may sound short but can be so disruptive that women lose their jobs, homes and contact with their children. One in five women in prison is released without somewhere to live.

And for what? The vast majority of women in prison have been sent there for non-violent offences. In the year to June 2017, more women were imprisoned to serve a sentence for theft than for violence, robbery, sexual offences, fraud, drugs and motoring offences combined.

On 13 March, our group [the all-party parliamentary group on women in the penal system] will launch a major inquiry into the sentencing of women in England and Wales. We are still pushing for the recommendations of the 2007 Corston report to be implemented in full. "

Shadow of British undercover police officer hangs over French "anarchist cell" trial

The role of exposed British undercover police officer Mark Kennedy has been raised in court proceedings in France, where eight members of an alleged "anarchist cell" are on trial charged with sabotaging high-speed railway lines in 2008 in what is known as the Tarnac affair.

EU: Frontex documents: Risk Analysis for 2018 and report on functioning of Eurosur in 2017

Frontex has recently published its Risk Analysis for 2018 and its report on the functioning of Eurosur, the European Border Surveillance System, during 2017.

UK: Amazon Partnership with British Police Alarms Privacy Advocates (The Intercept, link):

"Police in Lancashire, a county in northwest England, have rolled out a program to broadcast crime updates, photos of wanted and missing people, and safety notifications to Amazon Echo owners. Since February, the free app has been available to those using Alexa, a cloud-based voice assistant hooked up to the Echo smart speaker. The first of its kind in the U.K., the program was developed by the police force’s innovations manager in a partnership with Amazon developers.

The program marks the latest example of third parties aiding, automating, and in some cases, replacing, the functions of law enforcement agencies — and raises privacy questions about Amazon’s role as an intermediary. Lancashire County will store citizens’ crime reports on Amazon’s servers, rather than those operated by the police. “If we can reduce demand into our call centers via the use of voice recognition or voice-enabled technology, and actually give the community the information they need without them needing to ring into police, then that’s massive,” Rob Flanagan, Lancashire Constabulary innovations manager, told the College of Policing conference, according to TechSpot."

Married Durham academics given 14 days to leave UK (Palatinate, link):

"Two Durham University academics face being deported within the next fortnight, Palatinate can reveal.

Dr Ernesto Schwartz-Marín and Dr Arely Cruz-Santiago, a married couple, failed in their appeals for a visa renewal because they had spent too long out of the country conducting humanitarian fieldwork.

The anthropologist and human geographer, whose 11-year-old daughter is also being forced to leave, are both Mexicans who have lived in the UK for years.

The pair spent 270 days between June 2014 and July 2015 in Mexico, working with victims of gang related violence and building a DNA database to help locate the missing."

European arms exports on the rise (EurActiv, link):

"According to a study published by the Stockholm International Peace Research Institute (SIPRI), the international weapons trade has increased by 10% over the last five years compared to the 2008-2012 period.

France and Germany are among the five biggest exporters in the world, placing third and fourth with 6.7% and 5.8%, respectively, of total arms exports, behind the US and Russia.

Spain is seventh with 2.9%, a 12% increase compared to the 2008-2012 period, after exploiting export markets mainly in Australia, Turkey and Saudi Arabia.

Once again, the US is the world’s largest arms exporter and India the world’s largest importer. But SIPRI notes an increase in arms flow to Asia, Oceania and the Middle East and a decline in Africa, America and Europe."

Official EU figures on arms exports can be explored further: European Union Arms Exports (ENAAT, link)

EU: Joint statement: Coercion of children to obtain fingerprints and facial images is never acceptable

Brussels, February 28, 2018: We, the undersigned civil society and UN organizations, are concerned by proposals now under consideration as part of the ongoing reform of the Common European Asylum System which would allow the use of coercion to take the fingerprints and facial images of children.

Spain's free speech problems laid bare in ECHR ruling and new Amnesty report

The European Court of Human Rights ruled on Tuesday 13 March that Spain violated the freedom of expression of two men who were convicted of "incitement to hatred and violence against the king and the monarchy" after burning photographs of the king during a demonstration in Girona in September 2007.

On the same day, Amnesty International published a new report highlighting numerous cases in which Spain's anti-terrorism laws have been used to target "social media users, journalists, lawyers and musicians", breaching the country's human rights obligations and leading to "increasing self-censorship and a broader chilling effect on freedom of expression in Spain."

EAW: POLAND-IRELAND: High Court judge wants ruling over 'immense' law changes in Poland (RTE, link):

"A High Court judge has asked the European courts for a ruling on the effect of recent legislative changes in Poland because they are "so immense" the High Court has been forced to conclude that "the common value of the rule of law" has been "systematically damaged" and "democracy in Poland" has been breached.

The referral was made in the extradition case of Artur Celmer, who is wanted to face trial in his native Poland on drug trafficking charges. He was arrested in Ireland on foot of a European Arrest Warrant last May.(...)

Referring the case for a ruling from the Court of Justice of the European Union today, Ms Justice Aileen Donnelly said a number of legislative changes in Poland in the last two years were "so immense" that the High Court was forced to conclude that the rule of law in Poland has been "systematically damaged"."

See: Full-text of ruling (pdf)

EU: Only three EU Member States have transposed the PNR Directive into national law - the deadline for the rest is 25 May 2018

The EU-PNR Directive came into force in November 2016 and has to be implemented by 25 May, which seems highly unlikely. A Council report includes the latest Commission assessment of progress: Directive (EU) 2016/681 on the use of Passenger Name Record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime - Implementation of the PNR Directive - Exchange of views (LIMITE doc no: 6017-18, pdf).

The report shows that only three Member States have transposed the Directive into national law. Six other Member States are at "an advanced stage" of doing the same,

But thirteen states are at a "intermediate stage" and five are only just starting the transposition stage.

UK: Immigration detainees 'held for excessive period' (BBC News, link):

"Immigration detainees are being held for "excessively long" periods in "prison-like" conditions, the prisons watchdog says.

It said Home Office failings were sometimes to blame for the prolonged detentions at Harmondsworth Immigration Removal Centre, near Heathrow.

In some cases, a removal to another country failed because a lack of travel documents or a late legal challenge. "

See Report released today (pdf)

UK: Regulator takes tougher line than expected on surveillance warrants (Computer Weekly, link):

"The investigatory powers commissioner will take a critical approach to scrutinising surveillance warrants requested by government departments and intelligence agencies to spy on the public’s email, telephone and internet activities.

An advisory notice issued last week by the investigatory powers commissioner, Sir Adrian Fulford, goes further than many commentators had expected in giving judicial commissioners the right to challenge the necessity and proportionality of surveillance warrants issued by ministers.

David Anderson QC, former independent reviewer of terrorism and author of an influential report on bulk surveillance powers, said the Investigatory Powers Commissioner’s Office (IPCO) had “planted a flag on the government’s lawn” in guidelines for approving surveillance warrants issued last week.

“IPCO appears to be rolling up its sleeves and demonstrating that in all the ways that matter, it will be holding the authorities properly to account,” he told Computer Weekly. “If this makes them feel a little uncomfortable, then the new commissioner is doing his job.”

See: Advisory Notice (pdf)

UNHR: Call for inputs to a report on "the right to privacy in the digital age" - Deadline: 9 Avril 2018 (link)

Bulgarian Presidency skips EP’s Istanbul Convention debate (euractiv, link);

"The European Parliament debated on Monday (12 March) the problems facing a landmark convention on protecting women from violence, which several member states, including Bulgaria, have yet to ratify. But Bulgaria, the current holder of the rotating EU presidency, was notable in its absence.(...)

in several member states, notably in Bulgaria and Slovakia, detractors to the convention claim that the Council of Europe document is a Trojan horse aimed at introducing a “third sex” and same-sex marriage."

Spain: Counter-terror law used to crush satire and creative expression online (AI, link):

"An exponential increase in the number of people falling foul of a draconian law banning the “glorification of terrorism” or “humiliating victims of terrorism” is part of a sustained attack on freedom of expression in Spain, a new report from Amnesty International has found.

Tweet…if you dare: How counter-terrorism laws restrict freedom of expression in Spain reveals that scores of ordinary social media users as well as musicians, journalists and even puppeteers have been prosecuted on grounds of national security. This has had a profoundly chilling effect, creating an environment in which people are increasingly afraid to express alternative views, or make controversial jokes.

"Sending rappers to jail for song lyrics and outlawing political satire demonstrates how narrow the boundaries of acceptable online speech have become in Spain""

And see: Spain: Tweet... if you dare: How counter-terrorism laws restrict freedom of expression in Spain (AI link)

Italy: Severe Human Rights Violations Found at Lampedusa Hotspot (LIberties.eu, link):

"A delegation from three human rights groups has found inhuman conditions and systematic violations of human rights inside the Lampedusa hotspot.

Dramatic living conditions and systematic violations of human rights: that’s the situation discovered just days ago inside of the Lampedusa Hotspot by a delegation of lawyers, researchers and cultural mediators from Liberties member the Italian Coalition for Civil Liberties and Rights (CILD), the Association for Juridical Studies on Immigration (ASGI) and Indiewatch. "

German and French spy chiefs plead for post-Brexit security cooperation (The Local.fr, link):

" The heads of key British, French and German spy agencies warned on Friday that intelligence sharing and cooperation must continue even after Britain quits the European Union.
The rare joint statement came as top government officials and experts gathered at the Munich Security Conference in Germany for the annual review of threats facing Western democracies.

"Even after the UK's exit from the EU, close cooperation and cross-border information sharing must be taken forward on themes such as international terrorism, illegal migration, proliferation and cyberattacks," according to the text.

The meeting was held by Bruno Kahl, head of Germany's BND foreign intelligence service; Bernard Emie, chief of the French security agency DGSE; and Alex Younger, head of Britain's MI6."

How U.K. Spies Hacked a European Ally and Got Away With It (The Intercept, link):

"For a moment, it seemed the hackers had slipped up and exposed their identities. It was the summer of 2013, and European investigators were looking into an unprecedented breach of Belgium’s telecommunications infrastructure. They believed they were on the trail of the people responsible. But it would soon become clear that they were chasing ghosts – fake names that had been invented by British spies.

The hack had targeted Belgacom, Belgium’s largest telecommunications provider, which serves millions of people across Europe.

ENGLAND: House of Commons paper examines antisocial behaviour powers and the criminalisation of homelessness

"This briefing paper discusses the use of anti-social behaviour powers to ban activities often associated with rough sleeping, and concerns that an increase in the use of these powers is criminalising homelessness and is not addressing the root cause of the problem."

EU: Justice and Home Affairs agencies' counter-terrorism roles continue to expand

Two papers recently circulated to the Member States by the EU's Counter-Terrorism Coordinator set out the EU Justice and Home Affairs (JHA) agencies' current roles in implementing counter-terrorism policy and raise a number of suggestions for how things could develop in the future - pointing to a signigficantly increased role for EU agencies which the Coordinator says will require more money, more cooperaton between the agencies themselves and with non-EU states, a greater role for the Council's internal security committee (COSI) in decision-making on operational issues and more staff for the agencies.

EU: INTEROPERABILITY: Swiss support EU move to coordinate info systems (swissinfo.ch, link):

"Swiss Justice Minister Simonetta Sommaruga has cautiously welcomed a proposal to link up countries’ information systems and better cooperation with the western Balkans as ways to fight terrorism.

Sommaruga made the comments at a meetingexternal link on Thursday of European Union interior ministers. Switzerland is not a member of the EU, but attends such meetings as a bilateral partner.

The EU wants to improve the searching and comparing of data available in EU information systems, known as “interoperability”. The aim is to use this search machine to help “customs and justice authorities with their work” when dealing with criminals and terrorists,” a Swiss justice ministry statementexternal link said. For example, this should make it harder for terrorists to use multiple identities."

FRANCE: Confronting the Tigers: How Young Parisians Use the Law to Expose Police Abuse (Open Society Foundations, link):

"The police unit is officially known as a neighborhood support group, a Brigade de Soutien des Quartiers. But on the streets of central Paris, its members used to call themselves the Tigers—and wore a uniform patch showing a pouncing tiger, jaws open, claws extended.

In late February, a packed courtroom in Paris heard what neighborhood support from the Tigers could mean: a young man picked up by the police and repeatedly battered in the local police station, or pushed up against a wall and assaulted; a young woman, just 14 years old, struck with a police baton and sprayed with tear gas.

Four police officers from the unit have been charged with aggravated assault against a minor over these incidents, in an unprecedented case that has brutally exposed the profound problems with France’s approach to policing minority communities."

UK-NORTHERN IRELAND: How many murders can a police informer get away with? (The Guardian, link):

"As the judge wound up, it was clear that most of these 500 crimes had been committed within a few miles of the semi-detached house on the Mount Vernon estate in north Belfast where [Gary] Haggarty, a 46-year-old former tyre fitter, lived with his wife and son.

Haggarty was a serial killer, sadist, kidnapper, drug dealer, racketeer: a one-man crime tsunami. He was also a member of a Protestant militia, the Ulster Volunteer Force, fighting against the IRA and other Irish republican forces to keep Northern Ireland under British rule. He got away with his crimes for so long because he was, in addition to these things, a servant of the British state. He was a police informer."

GEORGIA: Government Tightens Regulations to Curb Illegal Migration to EU (Civil.ge, link):

"The government plans to tighten procedures for changing last names as part of its efforts to reduce the growing number of Georgian asylum seekers in the Schengen countries, and to avoid triggering the so called visa suspension mechanism.

The respective amendments bill, endorsed by the Government yesterday, restricts the right to change one’s last name to one time only, and requires the applicant to submit the request personally and validate the need for such change.

Those persons, who were deported/readmitted to Georgia less than five years ago, or who changed their last names after March 28, 2017, will be unable to change their last names, according to the draft bill.

These restrictions, however, will not apply to name change requests during marriage, divorce, child adoption, and paternity determination."

Donald Tusk, President of the European Council, met the President of Georgia, Giorgi Margvelashvili, on 8 March although the note released following the meeting made no explicit mention of changes to Georgian laws in order to support the implementation of the visa-free regime. See: Remarks by President Donald Tusk after his meeting with President of Georgia, Giorgi Margvelashvili (European Council, link)

NORTHERN IRELAND: Foster decision on inquests 'unlawful and flawed'

"A judge has ruled that Arlene Foster's decision to block funding for the lord chief justice's plan for legacy inquests was unlawful and flawed.

He said the former first minister was wrong to think she could postpone the decision until after political agreement on dealing with the past."

EU: Justice and Home Affairs Council, 8-9 March 2018

UPDATE 11.3.18:

- Final press release (pdf)
B Points Agenda (discussed, pdf)
A Points Agenda (adopted without discussion, pdf)

EU: European Travel Information and Authorisation System (ETIAS): latest four-column document from trilogue negotiations

Statewatch is publishing the latest four-column document from the secret trilogue negotiations between the Council, Parliament and Commission on the European Travel Information and Authorisation System (ETIAS), which will introduce an electronic system for travel authorisation for nationals of countries who do not require a visa to visit the EU.

The document shows the text of the Commission proposal, the the European Parliament and the Council positions on the text, and compromises, where they have been reached.

GREECE: Individual testimonies highlight "systematic pushbacks" of refugees in the Evros region

The Greek Council of Refugees' latest report documents pushbacks of refugees at the Greek border in the Evros region, which the organisation says violate "basic international obligations of Greece, and more specifically the principle of non-refoulement, the right of access to asylum and constitute inhuman or degrading treatment as well as exposure to threat to life or torture according to Article 3 of the ECHR."

EU: Tackling nationalist memory politics in modern Europe (European Commission, link):

"Much of the EU’s legitimacy is derived from the idea of peace and prosperity brought about by reconciliation following World War II. This is now being challenged by nationalist movements who are using the memory of war to promote confrontation-based notions of belonging.

The EU-funded UNREST project aims to counter these antagonistic forms of memory in a way that cosmopolitan forms – such as those upon which the EU is based – cannot, by developing a third way which it calls ‘agonistic memory’.

Viewing political conflict as an opportunity for emotional and ethical growth, agonistic memory aims to re-politicise memory and increase social cohesion around it. This happens by democratically channelling opposed views, political passions and social imagination through an adversarial dynamics of public contest and confrontation."

HUNGARY: Helsinki Committee Wins Lawsuit Against Cabinet Office Over Stop Soros National Consultation (Hungarian Helsinki Committee, link):

"Today the Metropolitan Court of Budapest in its first instance ruling found that in the ‘National Consultation’ questionnaire, the Cabinet Office of the Prime Minister had violated the Hungarian Helsinki Committee’s right to good reputation. The court found that the statements in Question 5 of the questionnaire related to the Hungarian Helsinki Committee (HHC) are false and misrepresent the human rights organization. The Court called on the government to issue an apology as well as pay the HHC HUF 2 million for damages. The ruling is subject to appeal."

USA: NGO Statement on Reported Changes to U.S. Policy on Use of Armed Drones and Other Lethal Force

We, the undersigned non-governmental organizations, are deeply concerned about the reported changes to the United States’ policy on the use of lethal force overseas, including through armed drones. According to news reports, in October 2017, President Donald Trump authorized changes to the existing policy related to the use of force in counter-terrorism operations in locations the U.S. government describes as outside “areas of active hostilities.” Several months have passed since those changes were reported, but the Trump administration has yet to release or explain its new lethal force policy.

EU: New report: The Globalisation of Countering Violent Extremism Policies: Undermining human rights, instrumentalising civil society

The globalisation of Countering Violent Extremism (CVE) policies is the most significant development in counterterrorism policy in the last decade. What began as a rhetorical commitment from a handful of agencies has developed into a plethora of policies, deployed from Finland to the Philippines.

UK: Surveillance watchdog investigates security risks of GCHQ IT contractors (Computer Weekly, link):

"The UK’s surveillance watchdog is investigating potential security risks for highly classified intelligence records amid GCHQ disclosures that about 100 external IT contractors have privileged, systems administrator access to its most sensitive data.

GCHQ has previously denied in court hearings that external contractors from companies that supply software and computer equipment have administrator rights to live computer systems holding some of the most sensitive data gathered through electronic interception of people’s internet and phone activity.

But Computer Weekly has learned that GCHQ has submitted new evidence to a hearing in the UK’s most secretive court revealing that about 100 IT industry contractors have “privileged user” access to the surveillance agency’s live computer systems following a policy change “a few years ago”."

The UN Security Council, Global Watch Lists, Biometrics, and the Threat to the Rule of Law (Just Security, link)

"While much of the world was not paying attention, on Dec. 21 2017, the UN Security Council adopted a worrying resolution urging states to deal with foreign terrorist fighters by strengthening their efforts in three key areas; border security, information-sharing, and criminal justice in ways that could have serious consequences for civil liberties, human rights, and the rule of law worldwide.

UN Security Council Resolution (UNSCR) 2396 is a direct follow-up to the council’s 2014 resolution that mandated member states establish ways of prosecuting people attempting to become foreign terrorist fighters, UNSCR 2178 (more on this below). The latest resolution is the result of investigations by members states into the patterns in fighting, return, and location of persons who joined terrorist organizations in order to assess the threat that foreign fighters pose while in transit to and from their home countries.

Taken together these resolutions contain a number of new regulatory departures at the international and domestic level. Both resolutions engage the Security Council in directing national legislative practice in expanded ways."

And see: PNR for all: UN Security Council mandates worldwide air travel surveillance and profiling, biometric collection, terrorist watchlists (Statewatch News, 8 January 2018)

EU: Fingerprint identification searches now possible in Schengen Information System

After a little less than two years of intense efforts, the eu-LISA Internal Security Systems Sector successfully launched the first phase of the SIS II AFIS platform. The platform enables the identification of a person from his/her fingerprints alone. The introduction of a biometric search capability in SIS II was achieved by eu-LISA in tight cooperation with ten Member States who showed both interest and willingness to use biometric queries once deployed at the Central System level. Austria, Switzerland, Germany, Liechtenstein, Luxembourg, Latvia, the Netherlands, Poland, Portugal and Slovenia will soon be followed by more Member States.

UK: Home Office contractors ‘cuffed detained migrants’ inside coach on fire (The Guardian, link):

"Immigration detainees whose coach caught fire as it took them to a deportation flight were handcuffed by escort staff before they were allowed to get off, in breach of Home Office rules, eight of the detainees have said.

In interviews with the Guardian, the detainees said that just minutes before the vehicle exploded and as fumes filled the cabin, one of the guards started handing out handcuffs to his colleagues.

After the cuffing process, which took several minutes, staff working for the Capita-owned security firm Tascor took the detainees off the bus, they said. They were instructed to stand about 40ft away on the M25 as the vehicle exploded."

ITALY: Italy coalition talks: Far-right leader Matteo Salvini refuses to accept any prime minster other than himself (The Independent, link):

"The leader of Italy’s far-right Northern League party has said he will not support any candidate for prime minister other than himself, as horse-trading to form a governing coalition begins after indecisive elections at the weekend.

Matteo Salvini replied “no”, when asked by reporters in Milan if he would make way for another candidate – opening the possibility that Italy could emerge from coalition negotiations with a far-right head of government. The Northern League became the strongest party in a broader right-wing alliance, which itself was the largest bloc in the weekend’s elections with 37 per cent of the vote."

Norway set to deport teenager to country she's never visited (ABC News, link):

"As an Afghan refugee born in Iran, her education during those years consisted of reading children's books with her mother, and occasionally attending an informal class with other refugee children in someone's home. At the age of 12, Taibah had never seen the inside of a proper classroom.

She's now a senior at Thora Storm High School in Trondheim. Six years after setting foot inside a real school, she's staring at a future on the outside, again.

The Norwegian Immigration Board of Appeals has revoked Taibah's refugee status and residency permit. In a letter seen by ABC News, the Norwegian government has issued her immediate deportation orders to Afghanistan -- a country she has never been to. Taibah now has less than a week to leave the country or they will forcibly deport her."

GREECE: Three Spanish firefighters accused of trafficking people in Lesbos (euronews, link):

"Manuel Blanco, Julio Latorre, and Enrique Rodriguez, three firefighters from Seville, Spain, who have helped out in multiple refugee rescue missions on the Greek island of Lesbos, could be sentenced to 10 years in prison.

Greek authorities accuse them of smuggling refugees into the European Union.

The authorities say the firefighters “attempted to smuggle people into Greece” because “the night (they refer to) they didn’t have anyone on board,” Manuel Blanco, one of the firefighters and vice-president of the Spanish NGOs Proemaid, told Euronews."

And see: Humanitarianism: the unacceptable face of solidarity (IRR, link)

EU: Foreign Affairs Council on defence: first meeting in 'PESCO format'

"Defence ministers met in 'PESCO format' for the first time. This means that, although ministers from all member states were present, only those representing member states participating in PESCO were involved in adopting legal acts. Today they adopted a decision formally establishing the list of projects to be developed under PESCO and a recommendation on an implementation roadmap."

HUNGARY: UN High Commissioner for Human Rights reaffirms his view that Viktor Orban is "a racist and xenophobe"

"So yes, I did call the increasingly authoritarian – though democratically elected – Viktor Orbán a racist and xenophobe. I did not, in point of fact, compare him to 20th century dictators, because there are plenty of examples around us today of the horrors that awake when minorities are vilified or abused. And no, I will not resign "with no delay", as a letter from his Minister demanded. Because it is time to stand up to the bullies of Mr Orbán's ilk. Hatred is a combustible force; and it will not win – not in Europe; and not today.”

Statewatch Briefing: The interoperability of Justice and Home Affairs databases (pdf) by Tony Bunyan:

The Commission’s proposal for interoperable centralised EU databases is justified on the threat posed to internal security by migration and terrorism. This conflation of threats has strong racist undertones based on fear of the “other”.

Building on the above the message is that as the plans only affect 218 million non-EU citizens, so there is no reason for EU citizens to be concerned as it will not affect them. The assumption that EU citizens are not concerned with the rights and freedoms of non-EU citizens is insulting.

The present plans would mainly affect non-EU citizens but once the centralised EU database is set up it will be extended to include Prüm (vehicle registration, DNA and fingerprint data), ECRIS (criminal records) and the EU Passenger Name Record system (PNR, which will cover internal flights as well as those in and out of the EU) – affecting millions and millions of EU citizens. It is yet another step in EU state-building.

From the late 1970s onwards each new stage of the technological revolution has been justified on the grounds that there is nothing new, it is just making life easier for law enforcement and border control agencies to get access to the information they need to do their job more efficiently. Whereas the reality is that at each stage databases become ever more intrusive as security demands cumulatively diminish freedoms and rights.

European Parliament Study: The Future of the Schengen Area: Latest Developments and Challenges in the Schengen Governance Framework since 2016 (pdf):

"It analyses the legitimacy of a number of States’ decisions to maintain internal border controls. Also, most recent policy proposals in the field of internal police checks are assessed in light of relevant EU legal standards. The paper also questions the legality of the border walls and fences, which have been recently erected at the EU external borders and within the Schengen area. "

And see Briefing: Revision of the Visa Code (Regulation 810/2009) and Visa Information System Regulation 767/2008) (pdf)

EU: Asylum Procedures Regulation: Documentation

The new Asylum Procedures Regulation is now being discussed by the co-legislators - the Council of the European Union and the European Parliament. To aid public discussions on the issues involved we publish here the key documents in historical order..

CoE: France: Court rejects lesbian couple joint parent recognition human rights challenge (link):

"esbian mothers of two children, born through medically assisted reproduction, who wanted to be recognised legally as jointly-responsible parents, have lost their human rights battle against France.

The European Court of Human Rights agreed with French authorities and ruled that the refusal to grant a delegation of parental responsibility within a female couple “did not disclose any difference of treatment on grounds of sexual orientation.”

In its 1 March decision in the case of Bonnaud and Lecoq v. France (application no. 6190/11) the court has unanimously declared the application inadmissible. The decision is final."

German interior ministry breaks with protocol, reports on Muslim hate crimes (New Europe, link):

"n a first for Germany’s law enforcement officials, the country’s interior ministry has released data saying that at least 950 hate crimes against Muslims or mosques took place in 2017, Neue Osnabrücker Zeitung newspaper reported on March 3.

The crimes varied from physical assault to hate speech in the form of threatening letters and graffiti sprayed on mosques. According to the data, three individuals were hurt in altercations with far-right extremists, to which most of the crimes were attributed. There was one bombing of a Mosque in Dresden.

The data was released following a request by the Left Party in the German Federal Parliament or Bundestag."

Greece: 13,000 Still Trapped on Islands As EU-Turkey Anniversary Nears, Move Asylum Seekers to Mainland Safety (HRW, link):

" Thousands of asylum seekers are trapped on the Aegean islands in deplorable conditions and without access to adequate protection and basic services, nine human rights and humanitarian organizations said today as part of the #OpenTheIslands campaign. The Greek government should act immediately to end the “containment policy” that traps asylum seekers in these conditions on the islands and move them to safety on the mainland.

As the two-year anniversary of the EU-Turkey deal nears on March 18, 2018, more than 13,000 men, women, and children are trapped on the islands, according to Greek government figures.

“The containment policy has turned the Greek islands, once a symbol of hope and solidarity, into open prisons that put the lives of refugees on hold for months on end, causing them additional suffering,” said Gabriel Sakellaridis, director of Amnesty International in Greece. “The Greek authorities, with the support of the EU, need to immediately bring refugees to safety on the mainland.”"

Refugee crisis: latest news from across Europe (26.2.18 - 5.3.18): extensive update including new research, press releases, news and analysis from across Europe

EU: Golden Visa programmes in Europe pose major corruption risk

Berlin / Brussels, 5 March, 2018 - Today, a series of investigations published by the Organised Crime and Corruption Reporting Project (OCCRP) have detailed how citizenship- and residence-by-investment schemes, commonly referred to as 'Golden Visa' programmes are vulnerable to abuse and undermine the fight against corruption in the European Union (EU) and neighbouring countries. The stories show how European countries are selling access to the Schengen visa-free travel area, and even EU citizenship to foreign investors with little scrutiny, transparency or due diligence.

UK: Paul Moore guilty of Leicester hate crime car attack (BBC News, link):

"A man has been convicted of the attempted murder of a Somali woman after knocking her over in his car and then going back to run her over as she lay helpless on the ground.

Mother-of-nine Zaynab Hussein suffered life-changing injuries in the attack in Leicester last September.

Her life was saved after extensive specialist surgery but she remains confined to a bed.

Paul Moore, 21, from Leicester, was found guilty at Nottingham Crown Court.

Jurors also convicted him of the attempted grievous bodily harm of a 12-year-old Somali girl, for trying to drive into her minutes after the first attack."

SPAIN: "Racial profiling of people of African descent is endemic"

The UN's Working Group of Experts on People of African Descent said last week that "racial profiling of people of African descent is endemic" in Spain, upon the conclusion of a fact-finding visit to the country. A host of other criticisms and shortcomings are contained in a statement issued by the group.

EU: New Snowden archive disclosures focus on 'SIGINT Seniors' and the 'Alice Springs resolution'

A series of new articles in The Intercept based on documents acquired by Edward Snowden, the former US National Security Agency contractor, shed more light on the workings of the global surveillance apparatus of the USA and its international allies.

The Rule of Law in Poland: A Sorry Spectacle (Verfassungsblog, link):

"With political appointments to its National Council of the Judiciary (Krajowa Rada Sadownictwa, KRS), Poland is now seeing the next step in the dismantling the rule of law. This constitutionally enshrined body is responsible for preserving the autonomy of Poland’s courts and the independence of its judiciary; its main power is to appoint new judges and make decisions regarding the promotion of currently serving ones. The KRS is composed in a manner intended to ensure cooperation between the legislative, executive, and judicial branches, in line with the principle of checks and balances provided for in the Constitution.


To conclude, the new method of making appointments to the KRS displays two characteristics familiar to those who study authoritarian systems. First, it displays a preference for mediocre appointments, the choice of second-rate actors to play starring roles. Second, the appointments represent a further step in the hollowing out of institutions responsible for protecting the rule of law. When the core of those institutions, which is independence, is removed, they become useful props for the ruling powers to move about the stage in a purely theatrical show of legitimacy."

EU: If no one is above the law, let’s talk about corporate accountability (EurActiv, link):

"“No one should be above the law.” It’s a statement we make when we want to reiterate an obvious point. Except, in relation to corporations operating worldwide this point is far from obvious. Yes, we do have legislation and a degree of enforcement when businesses engage in acts of fraud or corruption.

However, when it comes to human rights violations, particularly those outside EU boundaries, many of our governments accept and reinforce a system where corporations are not held to account for their involvement. We can no longer accept this, and must now seize a unique opportunity to make corporate impunity history.

The issue of corporate accountability has never been more pressing than today. Corporations impact on every aspect of our lives: from working conditions to land rights, and from our environment to access to medicine. To make matters worse; those seeking accountability for business-related human rights abuses not only face practical and legal challenges but also risks for their own safety."

UK: MI5 agents can commit crime in UK, government reveals (Guardian, link):

"Secret order on authorised criminality by spies made public after legal battle by rights groups.

MI5 agents are allowed to carry out criminal activity in the UK, the government has acknowledged for the first time.

The prime minister was on Thursday forced to publish the text of a direction to the Investigatory Powers Commissioner’s Office, the spying watchdog, on governing “security service participation in criminality”.

It instructs the IPCO to oversee the participation of MI5 agents in criminal activity, which was previously conducted by the now-defunct office of the Intelligence Services Commissioner, under a secret order referred to as the “third direction”."

See: IPCO: "Security Service guidelines on the use of agents 01/03/2018

The Prime Minister today published the text of a direction to the Investigatory Powers Commissioner to keep under review the application of the Security Service guidelines on the use of agents who participate in criminality and the authorisations issued in accordance with them. This means that the Commissioner will in effect continue the oversight conducted by the Intelligence Services Commissioner, which since 2014 was conducted on a statutory basis under the previously SECRET 'Third Direction'"

And the 'Third Direction': Investigatory Powers Commissioner Additional Directed Oversight Functions (Security Service agent participation in criminality) (pdf)

UK: Home Affairs Select Committee on BREXIT: Oral evidence: Post-Brexit migration policy (pdf)

UK: Orgreave: MIners Strike 1985: Home Affairs Select Committee: Letter to Home Secretary (pdf):

"Orgreave: information held by police forces

As I noted in my letter to you of 15 February, a number of police forces have responded to the Home Affairs Select Committee with details of information they hold on events at Orgreave, including information that has yet to be placed in the public domain. Material from five forces, which is not yet publicly available, is set out in the table."

Namely Merseyside Police, Metropolitan Police, Norfolk Constabulary, Northumbria Police and West Yorkshire Police (which covers Orgreave).

See also: Orgreave: Truth and Justice Campaign (link)

EU: Cross-border law enforcement data access: Commission to present proposal, Council LIMITE document outlines ongoing issues

A proposal on cross-border access to data for the purpose of criminal proceedings ("e-evidence") will be published soon by the European Commission, according to a report from Reuters, while Member States have invited by the Bulgarian Presidency of the Council to present "their ideas for the way ahead" on the issue.

EU: Militarising Europe: Parliamentary committee report on the €500m Defence Industrial Development Proramme

The Industry, Research and Energy Committee of the European Parliament (ITRE) has reached a position on the proposal for a Regulation on a European Defence Industrial Development Programme which is now awaiting approval by European Parliament plenary meeting in March. The programme is designed to "foster a competitive, innovative and efficient defence industry throughout the Union" and will run from 1 January 2019 to 31 December 2020 with a budget of €500 million, if agreed as proposed.

UK: State of Hate 2018: Far right terrorism on the rise (Hope Note Hate, link to pdf):


Britain is facing a growing and changing far right threat

Far right terrorism and violent extremism is on the rise, a trend that is likely to continue

Oranisationally, the British far right is crumbling. Membership and active support for far right groups is at its lowest for twenty-five years

Online far right hate, on the other hand, is growing. Three of the five far right activists with the biggest online reach in the world are British

There is a new and younger generation of young far right activists emerging who are very tech savvy, look normal and do not have the traditional nazi baggage that has hampered the British far right in the past"

UK: Humberside Police officers cleared of unauthorised spying (BBC News, link):

"Two police officers have been cleared of the unauthorised surveillance of the sister of a man who died in police custody.

Janet Alder was followed by a team from Humberside Police during the inquest into her brother's death.

Former paratrooper Christopher Alder, 37, died in Hull in 1998. An inquest found he died unlawfully.

The two officers faced gross misconduct charges at a police tribunal."

And background: Police accused of spying on sister of man who died in custody (The Guardian, link)

UK: The Data Protection Bill's Immigration Exemption must go (Open Rights Group, link):

"The Data Protection Bill is supposed to be about giving people greater control over their data. Yet it contains an Immigration Exemption that does exactly the opposite, by denying people access to their data when they need it most.

The Exemption removes individuals’ right to data protection if it is likely to prejudice “effective immigration control”, meaning victims of administrative errors will have no way to stop a typo from turning their lives upside down. This is a huge problem because according to the Chief Inspector of Borders and Immigration, the Home Office has a 10 percent error rate in immigration status checks.


Open Rights Group is teaming up with campaigners for EU citizens' rights the3million to get MPs to oppose the disastrous Exemption when the DPBill is debated in the Commons on Monday 5th March. Can you take a minute to write your MP to let them know you are concerned about your rights?"

HUNGARY: Gábor Székely: They should not pretend there are independent judges here (Budapest Beacon, link):

"Embittered and cynical when it comes to the workings of the justice system, Székely emphasizes that there are many excellent judges struggling to mete out justice in a workplace culture not all that different from other workplaces where employees are subjected to intimidation and blackmail.

The way the judiciary is organized “involves a large degree of mutual obligation, cronyism, the network of favors,” he says, adding that “naturally corruption also plays a role.”


“We lie to one another about the judiciary, rule of law, and democracy, none of which have existed for some time.”"

And see: Benjamin Novak: “We are no longer bastions of the rule of law”– An interview (Hungarian Spectrum, link): "“The expectation in Hungary today from on high is not that someone be a good judge. The goal is not that they act professionally. The goal is that they be reliable,” Gipsz says"

UN: Migrant detention must be "last resort", UN rights group underlines in its Revised Deliberation on deprivation of liberty of migrants

GENEVA (26 February 2018) – Placing migrants and asylum seekers in detention should be seen as a last resort to be used only in strictly limited circumstances, the UN Working Group on Arbitrary Detention has stated in its position document based on international law and its own jurisprudence.

The group’s intervention comes amid concern over the increasing use of detention of migrants, a worldwide practice which has grown steadily over recent years.

EU: Trilogue - state of play - ETIAS: Proposal for a Regulation establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 515/2014, (EU) 2016/399, (EU) 2016/794 and (EU) 2016/1624 (pdf):

Four column document with Commission proposal, European Parliament amendments, Council position and "compromise" proposals.

EU: Sharp increase of secret alerts in the Schengen Information System (link):

"European police forces and secret services use SIS II for covert surveillance of persons and property. The authorities are informed about suspects’ itineraries and persons accompanying them. The EU interior ministries are now discussing the further expansion of this surveillance method. Hits could be reported to several or all member states.(...)

Secret alerts are being issued for increasing numbers of people in the European Union. This emerged from the Federal Ministry of the Interior’s response to a written inquiry. According to that, 129,412 persons were placed under secret surveillance using the Schengen Information System (SIS II) last year. In 2016, this figure was around 80,000. No information is available regarding the reasons for this sharp increase."

EU-UK: Brexit: Commission's draft withdrawal agreement sets out how justice and home affairs measures will apply during "transitional period"

The European Commission has published a draft agreement governing the withdrawal of the UK from the European Union and the European Atomic Energy Community, which will be "discussed over the coming weeks with the Council (Article 50) and the Brexit Steering Group of the European Parliament before transmission to the UK authorities for negotiation."

Title V (Articles 58-61) of the draft agreement concerns 'Ongoing police and judicial cooperation in criminal matters', and sets out how measures such as the European Arrest Warrant and freezing and confiscation orders will apply during and after the "transitional period". Similar provisions are included on information exchange and cross-border surveillance measures by law enforcement authorities.

And see: EU: Council's internal security committee discusses use of "discreet checks" in the Schengen Information System

Protests expected over Danish plan to deal with 'ghettos' (euobserver, link):

"Protests are expected when Danish prime minister Lars Loekke Rasmussen and seven of his ministers appear for a press conference on Thursday in Mjoelnerparken, a Copenhagen ghetto, to present a new plan to eliminate deprived ghetto areas by the year 2030. "

Xenophobia in Italy’s Election Campaign (HRW, link):

"Italian politics are never boring, and election campaigns are always times of particularly strident debate. But the tenor of the campaign leading up to Italy’s national elections on March 4 on immigration issues is profoundly alarming.

In the wake of a drive-by shooting targeting sub-Saharan Africans in Macerata, in central Italy, on February 3, many politicians seem more concerned with blaming irregular immigrants than with forcefully condemning an act of racist violence that left five men and one woman injured. The confessed shooter, Luca Traini, a former failed candidate for the anti-immigrant party Northern League, said he was distraught over the horrific death and dismemberment of an Italian woman and wanted to “shoot black men.” Three Nigerian men have been charged with the murder."

'Living laboratories': the Dutch cities amassing data on oblivious residents (Guardian, link)

"In Eindhoven and Utrecht smart tech is tackling traffic, noise and crime. But with privacy laws proving futile and commercial companies in on the act, are the plans as benign as they seem? (...)

“Visitors do not realise they are entering a living laboratory,” says Maša Galic, a researcher on privacy in the public space for the Tilburg Institute of Law, Technology and Society. Since the data on Stratumseind is used to profile, nudge or actively target people, this “smart city” experiment is subject to privacy law. According to the Dutch Personal Data Protection Act, people should be notified in advance of data collection and the purpose should be specified – but in Stratumseind, as in many other “smart cities”, this is not the case."

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