Statewatch
News online: Archive
for year 2004
December 2004
Statewatch's Timetable on progress of new measures resulting
from the 25 March 2004 EU Anti-Terrorist Declaration: Updated
31 December 2004: Timetable (pdf) Statewatch's "Scoreboard"
and analysis finding that 27 out of 57 EU proposals have little
or nothing to do with tackling terrorism – they deal with
crime in general and surveillance: Statewatch
Scoreboard
(pdf)
EU:
Low support for research to serve security demands
EU: Special Report: EU biometric
visa policy unworkable
- insertion of chips
would lead to "collisions" with visa chips from other
countries
- ePassport chip would be "killed" by eVisa chip
- current deadline cannot be met, proposal unworkable
Vetoes,
Opt-outs and EU Immigration and Asylum law - Statewatch briefing
- revised 23 December
The British media in particular have focussed on the extent to
which the ‘Hague Programme’, the multi-annual programme
for Justice and Home Affairs (JHA) law and policy approved by
the EU summit meeting (European Council) on 5 November 2004,
will change the current system for vetoes and opt-outs from EU
immigration and asylum law, particularly for the UK. The purpose
of this briefing, by Professor Steve Peers, University of Essex,
is to outline:
a) the current extent of Member States’ national vetoes
over EU immigration and asylum law;
b) the extent to which the UK (along with Ireland and Denmark)
can ‘opt-out’ of EU immigration and asylum law;
c) the links between (a) and (b), especially for the UK, Ireland
and Denmark;
d) the extent to which the ‘Hague Programme’ will affect
the current position; and
e) the impact of the proposed EU Constitution on these issues.
An Annex to this briefing sets out the possible practical implications
of the change in decision-making agreed as part of the Hague
Programme for specific pieces of legislation.
See: EU: At the Agriculture and Fisheries Council today (22.12.04) in Brussels the Council adopted a Decision on the transition to qualified majority voting and codecision procedure for certain areas covered by Title IV of Part Three of the Treaty establishing the European Community. The Decision will take effect as from 1 January 2005: Full -text of the decision (15226/04).
EU: At the Agriculture and Fisheries Council today (22.12.04)
in Brussels the Council adopted a Decision on the transition
to qualified majority voting and codecision procedure for certain
areas covered by Title IV of Part Three of the Treaty establishing
the European Community. The Decision will take effect as from
1 January 2005: Full
-text of the decision (15226/04).
Secretary General of the Council of Europe, calls for immediate
repeal of UK anti-terror law: Strasbourg, 22.12.2004 - "The
anti-terrorism legislation in the United Kingdom must be changed
as a matter of urgency. We will not win the fight against terrorism
if we undermine the foundations of our democratic societies,"
Terry Davis, Secretary General of the Council of Europe, stressed
today following last week's judgment of the British House of
Lords which found the country's anti-terrorism law to be incompatible
with the European Convention on Human Rights.
"I welcome the judgment of the House of Lords of 16 December.
However, it is not a new development. A year ago, the special
committee of nine Privy Counsellors reported unanimously that
the law should be urgently replaced. The committee had been specifically
established by the Home Secretary, David Blunkett, and had spent
more than a year taking evidence from a wide range of people,
including the Home Office experts, MI5, MI6 and Special Branch.
If the government had not chosen to ignore this unanimous recommendation,
they would not have the current embarrassment of having lost
this case in the House of Lords," said Mr Davis.See
House of Lords: Full-text
of judgement
(pdf)
Green Paper from the European
Commission on: An
EU approach to managing economic migration (link)
UK: House of Lords Select Committee on the European Union: Government
responses to its reports. (pdf) This includes 5th Report: Fighting
Illegal Immigration: Should Carriers Carry the Burden? 6th Report: Future
role of the European Court of Justice (pdf),
11th Report: Handling
EU Asylum Claims: New Approaches Examined (pdf)
UK:
The appeal court in the House of Lords (the highest in the land)
has ruled that the detention of people without trial breaks human
rights laws - the House of Lords law lords ruled by an eight
to one majority in favour of appeals by nine detainees. Most
of the men are being held in Belmarsh prison, south London:
"The
real threat to the life of the nation… comes not from terrorism
but from laws such as these." and "It calls into question the
very existence of an ancient liberty of which this country has,
until now, been very proud - freedom from arbitrary arrest and
detention" - Law Lord Hoffman, 16 December 2004
Full-text
of judgement
(pdf)
Guardian
coverage
(link)
EU
Plan of Action on Combating Terrorism - New Update (doc no 16090/04, dated
14.12.04). For previous versions see Statewatch's Observatory
in defence of freedom and democracy
UK: Joint Select Committee on Human Rights (14.12.04) : Report
on deaths in custody (pdf) See: Independent (link)
EU: Biometric passports: General
Affairs Council adopted Regulation on mandatory facial images
and fingerprints in EU passports at its meeting in Brussels on
13 December 2004: Full-text (pdf) After the Regulation
is published in the Official Journal an "Article
6" Committee will be set up by the European Commission with
representatives from 22 members states (excluding Ireland, the
UK and Denmark). This committee will decide on the "details"
such as how many fingerprints are to be taken, the equipment
needed and the costs. After it has finished its work new (and
replacement) passports issued will have to contain a "facial
image" within 18 months, and fingerprints within three years.
The UK government put on record its anger at being excluded from taking part in the adoption of the Regulation. Under the Protocol the UK can ask to "opt-in" but on this occasion the Schengen states stood firm as the UK has not signed up to border controls aspects of the acquis: See: "Unilateral United Kingdom Statement": 15918/04 ADD 1 (pdf)
See for background:
European
Parliament urged to reject biometric registration of all EU citizens
and residents
EU
governments blackmail European Parliament into quick adoption
of its report on biometric passports
EU biometric
passports and mandatory fingerprinting: Statewatch analysis questions
legality of Regulation
Green/EFA press
release
Search in Statewatch
database for "biometric"
Search in Statewatch
database "Features Library" for in-depth articles on
biometrics
Update: Italy:
Prohibitionist drugs law reform comes under parliamentary scrutiny See also: Statewatch news online briefing paper
on the proposed drugs law, February 2004: Italy:
New drugs law heralds the mass criminalisation of drug users
UK: The appeal court in the House of Lords (the highest in the
land) has ruled that the Home Office scheme started in July 2001
to put immigration officers in the Czech Republic to check all
Roma people trying to board a flight to the UK was unlawful.
The operation ended when the Czech Republic joined the EU in
May 2004. One of the judges, Baroness Hale said that the "operation
was inherently and systematically discriminatory and unlawful".
Full-text
of judgement
(pdf) "Asylum operation racist, say law lords": Guardian (link)
EU: Article
29 Working Party on Data Protection proposes harmonised information
standards
to correct major divergencies in national laws (pdf) a. Appendix
1
(short notice) b. Appendix 2 (condensed notice) c.
Appendix
3
(notice for air travellers) 1) First Commisssion report
on the working of the 1995 Directive (pdf) and Technical
Analysis
(pdf) 2) European
Parliament report
UK:
Fairford
coach: Protestors "virtually prisoners" rules Court
of Appeal
Terrorism, anti-terrorism and people's response: The
"war on terror" as a "war on freedom and democracy": speech by Ben Hayes
(Statewatch) at the Asia-Europe
People's Forum (ASEM V, 7.9.04), Hanoi, Vietnam
JHA Council, 2 December 2004: Conclusions of "best
practices" for voluntary or forced "return of refugees (agreed but not in press
release below)
UK:Freedom of information - Parliament's
Consitutional Affairs Committee. Concerns about the public sector’s
readiness to comply with the new freedom of information law are
today (7.12.04) raised in a report by the Constitutional Affairs
Select Committee.The report, which provides a snapshot of public
sector preparations, warns that with less than a month to go
before some 100,000 public authorities are legally obliged to
give the public a general right of access to information, preparedness
for the new freedom of information (FoI) regime is patchy.
1. Press
release
2. Full-text
of report
(pdf)
3. Full-text
of the UK Freedom of Information Act (link)
4. Campaign
for Freedom of Information (link)
EU: Justice and Home Affairs Council, 2 December 2004: Press
release
(pdf)
1. Main
agenda
(pdf)
2. "A"
point agenda
(adopted without discussion)
3. Background
Note
4. EU Plan of Action on Combating Terrorism - New Update (doc no 14330/1/04, 29.11.04). For previous versions see Statewatch's Observatory in defence of freedom and democracy
EU:
Mandatory data retention national parliaments express concern
and opposition
EU openness: The EU's Court of First Instance has decided that
governments can veto access to documents originating from them
and submitted to an EU institution (in this case the European
Commission). Interestingly the applicant was supported by the
Netherlands, Sweden and Denmark, while the Commission - in its
refusal to give access - was supported by the UK. The Court's
judgement said: "the Commission was not required to explain
why the Federal Republic of Germany had made a request under
Article 4(5) of the Regulation, since there is no obligation
on the Member States to state the reasons for such a request
under that provision". Case: T-168/02, 30.11.04:
Judgement (link)
EU: The European Parliament today (2.12.04) voted through its
report on biometric passports with 471 votes in favour to 118
against and 6 abstentions. The parliament had decided that the
recent change to the proposed Regulation by the Council (the
25 governments) to make fingerprints mandatory as well as a facial
image was not a substantial change requiring reconsultation.
However, the parliament did say that the only mandatory biometric
should be a facial scan. The changes to the draft Regulation
put forward by the parliament will be ignored by the Council
- which it does routinely under the "consultation"
procedure. The Council intend to formally adopt the Regulation
at the next available meeting of the Council of Ministers. The
"details", such as the size of the "chip"
holding the biometrics and the number of fingerprints to be taken
will be decided in a Committee set up by the Commission of representatives
of each member state.
Green/EFA
press release
See background:
European
Parliament urged to reject biometric registration of all EU citizens
and residents
EU
governments blackmail European Parliament into quick adoption
of its report on biometric passports
EU biometric
passports and mandatory fingerprinting: Statewatch legal analysis
questions the legality of the proposed Regulation
Search in Statewatch
database for "biometric"
Search in Statewatch
database "Features Library" for in-depth articles on
biometrics
November 2004
EU: European
Parliament urged to reject biometric registration of all EU citizens
and residents:
Open letter from Privacy International, Statewatch and EDRI (European
Digital Rights Initiative), supported by NGOs, data protection
commissioners and privacy experts
UK: Identity
Card Bill published - full-text (pdf) Explanatory
Notes
(link) ID
Cards: Regulatory Impact Assessment (pdf) No2id website: FAQ
on ID cards
(link)
EU
governments blackmail European Parliament into quick adoption
of its report on biometric passports
The Council of the European Union (the 25 governments) has told
the parliament it can have full powers of "co-decision"
after it adopts its report on biometric passports
- how many national parliaments were re-consulted after the decision
to make fingerprinting mandatory?
- the costs are completely unknown and the "details"
will be decided in a secret committee
- the EU has no legal powers to introduce such a Regulation
UK: Civil
Contingencies Act 2004 passes into law (link) Statewatch critique of Bill: Analysis
- "no powers conferred upon the EC by the EC Treaty, taken separately or together, confer upon the EC the power to adopt the proposed Regulation"
UNITED:
A
call against the creation of camps at European borders: It has been signed
by a lot of organisations from many countries.
Germany: Alleged
police informant spies on social rights coalitions
UK: Serious
Organised Crime and Police Bill (full-text, pdf) Explanatory
Note
(link)
Northern Ireland: Press release issued by a member of INQUEST's
Advisory Group, Professor Phil Scraton on: The
death of of Annie Kelly in Mourne House Women’s Unit, Maghaberry
Prison, Northern Ireland
Statewatch
Observatory on EU Freedom of Information - Case Law: Updated
EU
governments demand that the European Parliament rushes through
mandatory finger-printing and biometric passports
Is an "urgent"
decision justified? Why does the European Parliament not question
the legal basis of the measure? Why does the parliament's draft
report accept the need for biometric passports?
EU
Plan of Action on Combating Terrorism - Update (doc no 14330/04, 19.11.04).
For previous version see Statewatch's Observatory in defence
of freedom and democracy See also: Statewatch's "Scoreboard"
finding that 27 out of 57 EU proposals have little or nothing
to do with tackling terrorism – they deal with crime in
general and surveillance: Statewatch Scoreboard (pdf) Statewatch
Timetable of measures updated: 29 October 2004 (pdf)
UN: Special Rapporteur produces
damning report on how governments are using the "war on
terrorism" to undermine and ignore fundamental rights. He
speicifcally refers to the use of terrorism as a pretext for
justifying torture and inhuman treatment, and on the erosion
of the non-refoulement principle, whereby States should not “expel,
return ‘refouler’, or extradite a person to another
State“ if there are “substantial” grounds for
suspecting that they may be in danger of being subjected to torture
or to cruel, inhuman and degrading treatment after their return:
Statewatch
Report: The UN Special Rapporteur on Torture criticises the undermining
of the non-refoulement principle and the use of terrorism as
a pretext to justify tortureplus full documentation (pdf)
EU: Justice and Home Affairs Council, 19 November 2004, Brussels:
a. JHA Council press release (pdf)
b. Council
agrees levels of security co-operation with third States and
international organisations (14400/04)
c. Council agrees "Amended Council Directive on
minimum standards on procedures in Member States for granting
and withdrawing refugee status" (pdf)
d. But Council puts off trying to agree a list of "safe
countries of origin" in Africa until next year when it will
be pushed through by "qualified majority voting" (QMV).
A number of member states and the European Commission lodged
strong objections to human rights records and democratic standards
and even the country reports of those governments declaring countries
"safe" were critical. The list, once agreed under QMV,
will be binding on all 25 member states. The Decision to put
off the vote: 14383/04 (pdf) See Statewatch's
in-depth analysis: EU divided over list of "safe countries
of origin"
1. Press
release
(27 September 2004)
2. Statewatch
Analysis: EU divided over list of "safe countries of origin"
- the list should be scrapped
(pdf)
3. Appendix
to this report with full details of all the EU member state responses (pdf)
4. Sources/documents,
including member state responses
Tony Bunyan,
Statewatch editor, comments:
"Our analysis showed how initial decisions were made, with too little time, too little information, and no public debate. To determine the fate of people fleeing from poverty and persecution on the basis of such a shallow process is an insult to any sense of humanity or moral responsibility, let alone legal obligations. To put off the decision so that a majority of governments can impose the list on all combines immoral decision-making with cynical political manoeuvring"
EU: Justice and Home Affairs Council, 19 November 2004, Brussels: Agendas & background documents
Spain:
Punishment without a sentence
On 29 November, the trial of Gabriele Kanze will begin before the Audiencia Nacional, the central Spanish criminal prosecution court. The 48 year old teacher from Berlin has been in prison for two years and eight months, first in extradition detention, then on remand
Target
of Blair deportation intervention gets substantial compensation (18.11.04) Original Statewatch Special Report: UK: Egyptian
national “unlawfully detained” after intervention by
Prime Minister
(16.11.04)
EU: New Commission confirmed - following the withdrawal of the
proposed Commissioner for Justice and Home Affairs - Mr Rocco
Buttliglione as the Italian nominee - and his replacement by
Franco Frattini, the Italian Foreign Minister, the European Parliament
today (18 November 2002) voted by 449 in favour; 149 against
with 82 abstentions - in favour of President Barroso and the
24-person team.
Statewatch Special Report: UK: Egyptian
national “unlawfully detained” after intervention by
Prime Minister
(16.11.04)
"We
should use whatever assurances the Egyptians are willing to offer,
to build a case to initiate the deportation procedure”, Tony Blair’s office
- when the Egyptian government rejects Foreign Office request for written assurances - on the death penalty, ill-treatment, a fair and public hearing and legal representation , Tony Blair writes: "Why do we need all these things?"
Northern
Ireland Human Rights Commission calls UK government to account
at the UN
(16.11.04)
Statewatch
launches new searchable database With over 23,000 items it includes everything
on the existing database including all news, features and sources
from the Statewatch bulletin since 1991 PLUS all news, analyses
and news in brief from Statewatch News Online - with all the
links to documents (ie: pdf files) preserved. Bulletins will
be added as they are published and News Online updated regularly.
It has advanced search, data ranges, printer friendly pages PLUS
a "Features Library" bringing together all the features
on key subjects from the bulletin and analyses from News Online.
The
Politics of CCTV in Europe and Beyond (link) Special issue of Surveillance
and Society edited by Clive Norris, Mike McCahill and David Wood
Death
on the Terraces: The Contexts and Injustices of the 1989 Hillsborough
Disaster,
by Phil Scraton (Professor of Criminology, Queen's University,
Belfast)
Vetoes,
Opt-outs and EU Immigration and Asylum law - Statewatch briefing
- revised 8 November
The British media in particular have focussed on the extent to
which the ‘Hague Programme’, the multi-annual programme
for Justice and Home Affairs (JHA) law and policy approved by
the EU summit meeting (European Council) on 5 November 2004,
will change the current system for vetoes and opt-outs from EU
immigration and asylum law, particularly for the UK. The purpose
of this briefing, by Professor Steve Peers, University of Essex,
is to outline:
a) the current extent of Member States’ national vetoes
over EU immigration and asylum law;
b) the extent to which the UK (along with Ireland and Denmark)
can ‘opt-out’ of EU immigration and asylum law;
c) the links between (a) and (b), especially for the UK, Ireland
and Denmark;
d) the extent to which the ‘Hague Programme’ will affect
the current position; and
e) the impact of the proposed EU Constitution on these issues.
An Annex to this briefing sets out the possible practical implications
of the change in decision-making agreed as part of the Hague
Programme for specific pieces of legislation.
UK:
Belmarsh
prisoners: report on indefinite detention and mental health
EU: The "Hague Programme":
(5.11.04)
1. Full-text: The
"Hague Programme" on "freedom, security and justice"
adopted at EU Summit in Brussels on 4-5 November 2004
(pdf)
2. Statewatch: Annotated
text of the final "Hague Programme" (prepared
by Professor Steve Peers, University of Essex, pdf)
3. Statewatch: Timetable
derived from the adopted Programme (pdf)
UK: LIberty
have submitted a response to the Home Office consultation document
"Policing: Modernising Police Powers to Meet Community Needs"
(link) Haldane Society
response (pdf) Home Office consultation paper: Modernising
police powers to meet community needs (pdf)
UK: Report
from the parliamentary Joint Human Rights Committee on the Nationality,
Immigration and Asylum Act 2002 (Specification of Particularly
Serious Crimes Order) 2004 (pdf) The Order made under s.72(4)(a)
of the Nationality, Immigration and Asylum Act 2002 states that
it applies for the purpose of the construction and application
of Article 33(2) of the Refugee Convention. Article 33(2) provides
for exceptions to the principle that refugees cannot be returned
to persecution (“the principle of non-refoulement”).
The concern is that this would allow people convicted of serious
offences to have their asylum claims dismissed unless they can
prove they are "not a danger to the community".
The Order specifies
a wide range of offences for this purpose and the Committee is
concerned that the Order as drafted is ultra vires the order-making
power because it includes within its scope a number of offences
which do not amount to “particularly serious crimes”
within the meaning of Article 33(2) of the Refugee Convention,
properly interpreted.
EU: In the run-up to the EU Summit
(25 Prime Ministers) meeting in Brussels on 4-5 November a number
of background reports on justice and home affairs issues are
appearing (in addition to the two Conclusions being adopted by
the General Affairs Council, see below). These are:
1. Issue
of moving Title VI of the TEC (immigration and asylum) to co-decision
2. Council
Recommendation on police cooperation across internal borders proposes the need for
bilateral or regional agreements for cross-border cooperation.
Earlier documents set out the problems for cross-border cooperation,
11048/04 and 8770/04 which include the fact
that: "open borders are having a growing impact on the
maintenance of public order and
safety. Examples are the problems arising from drug-related crime,
international sporting contests, and ideologically motivated
demonstrations at high-profile events."
3. Strengthening
EU operational police cooperation, this deals mainly with the role of
the Police Chiefs Task Force (PCTF). Although set up in 1999
the PCTF has never been given a legal status with the EU which
is of concern because it is concerned with operational decisions.
This document deals with the "positioning of the PCTF"
including "providing input from the operational police
point of view into the policy-making of the EU". It
suggests that Europol should host meetings of the PCTF and that
the Council's Police Cooperation Working Party should convene
one or two meetings per Presidency with the "Chief of Police",
another ad hoc grouping with no legal status. These arrangements,
the document tries to suggest: "will ensure the accountability
of the European operational cooperation".
The Summit will be adopting the "Hague Programme":
Latest
version of "The Hague programme" on justice and home
affairs
EU: Today, 2 November, the General
Affairs Council of the European Union (25 governments) is adopting
Council
Conclusions on a common readmission policy (pdf) and Council
Conclusions on improving access to durable solutions (pdf) - this includes
so-called "Regional Protection Programmes" and the
issue of EU-funded external camps (both sets of Conclusions are
related to the "Hague Programme").
Draft
report by rapporteur Jean Lambert MEP to the Committee on Citizens'
Freedoms and Rights in the European Parliament on "access
to durable solutions" (EU funded camps)
Third update: Latest
version of "The Hague programme" on justice and home
affairs, dated 27 October
(1.11.04)
EU: European Commission Staff Working Paper (SEC(2004) 1349,
25.10.2004). Annual
report on the development of a common policy on illegal immigration,
smuggling and trafficking of human beings, external borders,
and the return of illegal residents (pdf)
Statewatch's Timetable on progress of new measures resulting
from the 25 March 2004 EU Anti-Terrorist Declaration: Updated
29 October 2004: Timetable (pdf) Statewatch's "Scoreboard"
and analysis finding that 27 out of 57 EU proposals have little
or nothing to do with tackling terrorism – they deal with
crime in general and surveillance: Statewatch
Scoreboard
(pdf)
October 2004
EU-USA PNR: The European Court of Justice has refused to apply
the accelerated procedure to the European Parliament's complaint
on the EU-USA PNR (passenger name record) agreement, so the case
will not completed for two to three years - thus probably not
until after the expiry of the current agreement with the US:
Court
judgement
(in French) See for background: Statewatch's Observatory
on the exchange of data on passengers (PNR) with USA
"Racism
in the age of globalisation" speech at the Third Claudia Jones Memorial
Lecture on 28 October 2004 organised by the National Union of
Journalist's Black Members Council, Dr. A. Sivanandan, Director
of the Institute of Race Relations, called on journalists "to
speak truth to power" (link)
EU: Useful summary page on which EU countries will have referenda
on the Constitution (from doc no: 13748/04). Nine states will
have referenda, six have yet to decide and ten will definitely
not: Constitution
referendums
(pdf). See, Statewatch's Observatory
on EU Constitution
EU: The Council of the European Union has issued a "Declaration"
on behalf of the 25 governments "inviting" the current
President of the Commission (Romano Prodi) and all the other
Commissioners (eg: Mr Vittorino) to remain "temporarily"
in place: Press
release
(link) The current President and Commissioners five year term
ends on 31 October. The failure of the new President, Mr Barosso,
to present the European Parliament with an acceptable slate of
new Commissioners means that he and the others cannot take office.
UK: Government responds to report on ID cards from the House
of Commons Home Affairs Committee. Government
response
(pdf) Report
on government consultation (pdf) HAC
report
(link) One
card or two cards - detailed commentary (link to John Lettice in the Register)
EU: Vote on the new European Commission delayed to save the embarrassment
of the European Parliament voting to reject the whole Commission
at its plenary session in Strasbourg today (27.10.04). Faced
with defeat the President of the European Commission, Mr Barosso,
asked for the vote to be postponed - this stems from the parliament's
opposition to the appointment of Mr Buttiglione as Commissioner
for Justice and Home Affairs. Mr Buttiglione will either be moved
to another post or replaced by another nominee from the Italian
Berlusconi government (which would be a major climb-down).
Mr Buttliglione first came to attention in August for his extreme views on immigration. This was compounded his "hearing" before the parliamentary committee when Mr Buttiglione came out with extraordinary views on homosexuality, marriage and the role of women. At the same "hearing" on 5 October he said that "so far there was no encroachment on freedom" in EU justice and home affairs policies since 11 September 2001. See: 10 October: European Parliament's Committee on Citizens' Freedoms and Rights vote to reject Buttiglione as the Commissioner for Justice and Home Affairs: euobserver & euractiv (links) New Commissioner for "Justice, Freedom and Security" talks of the EU being "swamped" by immigration "time-bomb" (Statewatch, 23.8.04) EU: New Commissioner supports setting up external refugee detention centres (Statewatch, 18.8.04)
Update: :Justice
and Home Affairs Council, Luxembourg, 25-26 October: Press release
- full version (pdf). As predicted by Statewatch the Council
overturned the 8 June decision and agreed that fingerprints as
well as a facial image will be mandatory for EU passports: See
for analysis and documentation: EU: Compulsory fingerprinting
for all passports
This
change in the draft Regulation will mean that it will have to
be re-submitted to the European Parliament. (26.10.04)
UK: The Haldane Society of Socialist
Lawyers have submitted a response to the Home Office consultation
document "Policing: Modernising Police Powers to Meet Community
Needs’" raising "serious implications for civil
liberties and human rights": Haldane
Society response (pdf) Home Office consultation paper: Modernising
police powers to meet community needs (pdf)
Vetoes,
Opt-outs and EU Immigration and Asylum law - Statewatch briefing
British media are focussing on how the planned "Hague Programme"
would change the current system for vetoes and opt-outs from
EU immigration and asylum law, particularly for the UK. This
briefing by Professor Steve Peers concludes that the UK does
not have a "veto", it has an "opt-out" which
is not the same (25.10.04)
Second update: Latest
version of "The Hague programme" on justice and home
affairs, dated 22 October ("Tampere II") being discussed
today by the Justice and Home Affairs Council - and now updated Annotated
text- Statewatch covering latest version of the programme:13302/2/04
EU Justice and Home Affairs Council, 25 October in Luxembourg:
Main
agenda
"A"
Points
(adopted without debate)
Background
Note
EU
- "The Hague Programme" on justice and home affairs.
Pogramme to be adopted on 5 November
EU: Compulsory
fingerprinting for all passports
Draft proposal
on exchange of information extracted from the criminal record
(COM 238):
this Commission proposal signals a retreat from the original
idea which proposed direct access by all law enforcement agencies
to each other information - see Statewatch Analysis
of the previous COM 221
EU:
Compulsory fingerprinting for all passports (24.10.04)
- EU to back demand by Italy, Germany, France, Greece, Spain,
Malta, Lithuania, Poland and Slovenia for mandatory fingerprinting
- only Sweden, Finland, Estonia and Latvia oppose move
- UK and Germany want to have a third biometric - "iris
scans" too in addition to facial scans and fingerprints
- EU Data Protection Commissioners are: "fundamentally"
opposed to the creation of an EU-wide database
Update: Now includes Statewatch annotation of text (24.10.04) EU
- "The Hague Programme" on justice and home affairs.
Programme to be adopted on 5 November leaving no time for parliaments
and civil society for react - Draft Programme and Timetable
Italy: Journalist
sentenced for smuggling himself into reception centre
European Call: Against
the creation of camps at European borders (link)
Northern Ireland Human Rights Commission criticises conditions
for women in prison. The Northern Ireland Human Rights Commission
today (Tuesday 19 October) published detailed research into the
care of women in prison in Northern Ireland. The report, entitled
The Hurt Inside, presents stark findings regarding the lack of
progress in areas such as adequate healthcare, which were identified
for improvement by the Government’s own prisons watchdog
in 2002. The authors of the report for the Commission were Professor
Phil Scraton of Queen's University and Dr Linda Moore, an Investigations
Worker with the Commission. Phil Scraton commented:
“Interviewing prisoners in Mourne House we found distressed women, some of whom were suffering from mental health problems, who should not have been in prison. We found systemic abuses of human rights including the holding of a 17-year-old girl in solitary confinement, locked alone in a bare cell for 23 hours a day. Deprived of a mattress or bed to sleep on she used a plastic potty for a toilet... The Northern Ireland Prison Service still has no policy or strategic plan for the imprisonment of women and has offered no explanation as to why the needs of women and girl prisoners have not been appropriately addressed.”
The report: The Hurt Inside - the imprisonment of women and girls in Northern Ireland (pdf)
European Court of Justice rules that Stern journalist
request for an injunction is unfounded and the claim for costs
is turned down. Hans-Martin Tillack obtained copies of "the
Van Buitenen memorandum" and internal Commission notes relating
to "irregularities". His home and office were searched
and documents siezed on 19 March 2004 by Belgian police as part
of an investigation by OLAF (European Anti-Fraud Office): Decision
of the court
(link) Statement by the International
Federation of Journalists (link)
Seizure of Indymedia's webservers in London: At 5pm on 13 October
Rackspace (London-based service provider of a US company) informed
Indymedia that the two servers they had handed over were now
back in their office. Indymedia is now examining whether they
have been "compromised". It is still not clear who
Rackspace handed the two servers to - was it directly to the
FBI in compliance with a US court order? This would be unlawful
for a UK-based company. Or did the Home Office agree under the
UK-USA Mutual Legal Assistance Treaty? See: The
Register
and UK-USA:
Was the seizure of Indymedia's servers in London unlawful or
did the UK government collude? and Indymedia
seizures: a trawl for Genoa G8 trial cover-up? Injunction sought
against export of evidence & see: Petition
in support of Indymedia (14.10.04)
Statewatch's
work recognised as "influential" in the EU
Statewatch editor, Tony Bunyan, has been selected by the European Voice newspaper as one of the fifty most influential people in the EU in 2004 for working "to protect civil liberties, put at risk by the package of anti-terrorism measures".
UK: Harm
on Removal: Excessive Force against Failed Asylum Seekers - report by the Medical
Foundation for the Care of Victims of Torture (pdf)
Statewatch launches: ASBOwatch monitoring the use of
Anti-Social Behaviour Orders throughout the UK Analysis, background
documents and sections on:
- children
- protestors
- "CRASBO's"
- general public order
- extreme cases
European Parliament Committee votes to reject Mr Buttliglione
as new Commissioner for justice and home affairs. The Committee
on Citizens' Freedoms and Rights voted by 27 vote to 26 against
on Monday. This is the first time that a European Commission
nominee has been rejected outright. In the final vote in the
parliament's plenary session in two weeks time it can only vote
to reject all the proposed Commissioners. However, the vote sets
a problem for the European Commission President as Mr Buttliglione
would have to wrok with this Committee for the next five years.
See: euobserver & euractiv (links)
Update:
Sweden: Expulsions carried out by US agents, men tortured in
Egypt
- second Swedish TV4 transcript with more details on the US abduction
- Shannon airport on west of Ireland used as stop-over for US
plane (from Village magazine) (11.10.04)
UK-USA: Was the seizure
of Indymedia's servers in London unlawful or did the UK government
collude?
"A trail
that started in Switzerland and Italy has now ended fairly and
squarely in the lap of the UK Home Secretary to justify"
(9.10.04)
UK: International Federation of Journalists (IFJ) statement on
FBI seizure of Indymedia servers in London: IFJ statement (pdf). Aidan White,
IFJ General Secretary comments:
"We have witnessed an intolerable and intrusive international police operation against a network specialising in independent journalism. The way this has been done smacks more of intimidation of legitimate journalistic inquiry than crime-busting. The seizing of computers and the high profile nature of this incident suggests that someone wanted to stifle these independent voices in journalism. We need a full investigation into why this action took place, who took part and who authorised it."
UK & USA: The
FBI has ordered the seizure of Indymedia's servers in USA and
UK
(link) Indymedia's
hard disks sequestred by FBI (link)
"US authorities
have issued a federal order to Rackspace's office in the US ordering
them to hand over Indymedia's hardware (server) located in London.
Rackspace is one of Indymed's web hosting providers with offices
in the US and London. Rackspace complied, without first notifying
Indymedia, and handed over Indymedia's server in the UK. This
affects some 20+ Indymedia sites worldwide. As the subpoena was
issued to Rackspace in the USA, and not to Indymedia, the reasons
for this action are still unknown. Rackspace stated that "they
cannot provide Indymedia with any information regarding the order".
It is unclear to Indymedia how and why a server that is outside
the US jurisdiction can be seized by US authorities." (8.10.04)
The list of affected local media collectives includes Ambazonia,
Uruguay, Andorra, Poland, Western Massachusetts, Nice, Nantes,
Lilles, Marseille (all France), Euskal Herria (Basque Country),
Liege, East and West Vlaanderen, Antwerpen (all Belgium), Belgrade,
Portugal, Prague, Galiza, Italy, Brazil, UK, part of the Germany
site, and the global Indymedia Radio site.
Countering terrorism
and protecting human rights - report by the Northern Ireland
Human Rights Commission (pdf)
Buttiglione "hearing" in the European Parliament on
5 October. Reports in euobserver (link) eupolitix (link) "Being
gay is a sin" - Independent (link) Reuters (link) Socialist
group expresses serious doubts on suitability (link) Mr Josep Borrell,
President of the European Parliament, said:
"Quite frankly, as a Spanish citizen, I wouldn't want to have a justice minister who thinks that homosexuality is a sin and that women should stay at home and have children under the protection of their husbands. I don't think that at this moment in time we can have such people in charge of justice - especially justice... Perhaps if he were in charge of beetroots, it wouldn't be so serious.”
EU: Updated - On Tuesday 5 October the new Commissioner for "Freedom,
justice and security" Mr Rocco Buttiglione will appear before
the Committee for Citizens' Freedoms and Rights in the European
Parliament to answer questions. His answers to the written questions
from MEPs: Buttliglione's answers to questions: Part
A
and Part
B
(pdf)
See also: New Commissioner for "Justice, Freedom and Security" talks of the EU being "swamped" by immigration "time-bomb" (23.8.04) EU: New Commissioner supports setting up external refugee detention centres (18.8.04)
September 2004
USA-EU: From Thursday 30 September 2004, all visitors to the
United States will be electronically face-scanned and fingerprinted
at the US border and a "lifetime travel dossier" will
be held for up to 100 years on the US-Visit programme. This includes
all EU travellers who up to now have been exempt under the "Visa
Waiver Scheme". See: Privacy International
report on the US-VISIT programme (pdf) and US-VISIT
- Flows of data to and from the system (pdf)
EU: Data retention proposal: Statement and press release from
Forum Computer Professionals for Peace and Social Responsibility
(FIfF) e.V. and German Organisation for Data Protection (DVD)
e.V.and thirteen NGOs: "It is not to late to avert those
plans which will not lead to more safety but rather to more surveillance.
We urge all democratic forces to help us prevent another step
into a state of surveillance." Statement
and press release on EU data retention plans (pdf) See also EU surveillance
of telecommunications: Statewatch
analysis
Statewatch's Timetable on progress of new measures resulting
from the 25 March 2004 EU Anti-Terrorist Declaration: Updated
30 September 2004: Timetable (pdf) Statewatch's "Scoreboard"
and analysis finding that 27 out of 57 EU proposals have little
or nothing to do with tackling terrorism – they deal with
crime in general and surveillance: Statewatch
Scoreboard
(pdf)
EU: Briefing
and documentation on the Informal Justice and Home Affairs Council,
the Hague, Netherlands (30 September - 1October) - exchange of information,
Europol, Eurojust, Internal Security Committee, common asylum
system, "improved access to durable solutions" (external
camps) and "minimum standards for return procedures".(28.9.04)
"Right
to know day": Public Information Still Hard to Get, Five
Country Survey Finds (28.9.04)
Exclusive: Statewatch Analysis of secret documents shows:
EU divided over list of "safe countries of origin"
Tony Bunyan, Statewatch editor, comments:
"Our analysis provides an insight into how EU decisions are made, with too little time, too little information, and no public debate. To determine the fate of people fleeing from poverty and persecution on the basis of such a shallow process is an insult to any sense of humanity or moral responsibility, let alone legal obligations - the list should be scrapped."
1. Press
release
(27 September 2004)
2. Statewatch
Analysis: EU divided over list of "safe countries of origin"
- the list should be scrapped
(pdf)
3. Appendix
to this report with full details of all the EU member state responses (pdf)
4. Sources/documents,
including member state responses
Czech Republic: The Chamber of Deputies voted by the narrowest
of majorities to override the veto on the European arrest warrant
by President Vaclav Klaus. The decision could still be challenged
in the Constitutional Court: Czech
parliament agrees to arrest warrant (link). See also: President vetoes European
arrest warrant Bill: euobserver (link). Only Italy remains
to agree the measure.
EU: "Is
the EU becoming more open?" (pdf) Article on what happens
to whistleblowers: "When people raise questions, even internally,
they are quickly victimised and put on the margins", Aidan
White (secretary General of the IFJ) - from EU Reporter (link)
USA-PNR: The ACLU (American Civil Liberties Union) says that
the proposed "Secure Flight" passenger vetting project
- which is to replace CAPPS II withdrawn because it failed to
meet 7 out of 8 privacy and data protection standards - may pose
similar problems: ACLU
on Secure Flights (link). CAPPS II was intended to screen all passengers
against state and commercial data and "intelligence".
It was abandoned following a report from the General Accountability
Office (GAO) which said it failed to meet basic standards: GAO
report on CAPPS II (pdf)
EDRI (European Digital Rights) summary of the consultation by
the European Commission on new EU plans for mandatory retention
of telecom traffic data on 21 September: Summary See also: Over 90 non-governmental
organizations - including Statewatch - and 80 companies have
endorsed Privacy International's call: Invasive,
illusory, illegal and illegitimate See also EU surveillance of telecommunications:
Statewatch
analysis,
S.O.S.Europe and EU-FBI
communications surveillance plan
Switzerland:
Europol accord sparks data protection fears (link) Heinrich Busch,
a political scientist and expert on policing issues, says: “I
have no doubt about it: where data protection is concerned, Europol
is a real danger,” he told swissinfo. “Europol’s
record-keeping capacity is impressive, but in my opinion it openly
contradicts the principle of people’s fundamental right
to privacy” On paper, for instance, Europol guarantees a
right of consultation, but in reality this is an impossibility.
"A person wanting to consult his or her personal file must
first approach the police in their country of origin, which in
turn has to ask all the other Europol police forces for authorisation
to access the information they hold."
EU-UK: Government publishes White Paper on the "Treaty establishing
a Constitution for Europe" (Cm 6309): White Paper (pdf) (16.9.04)
Whistle-blowing and institutional accountability: Conference,
Thursday 30 September, 10 am. International Press Centre (IPC),
Résidence Palace, Rue de la Loi, Brussels. Following Dougal
Watt’s presentation to the NUJ earlier this year, the NUJ
and IFJ are organising a conference and presentation on the theme
of whistle-blowing and its importance to democracy and institutional
accountability: Press
release
(pdf)
(15.9.04) EU-PNR Directive published in Official
Journal: Text (pdf). Published on
6 August 2004 and came into force on 5 September. All Member
States has to implement by 5 September 2006. See also: Justice
and Home Affairs Council agrees on the surveillance of all airline
passengers: PNR
Directive, adopted text (pdf) &
JHA Council to agree the surveillance of all airline passengers:
Report
and documents
- data can be kept indefinitely by law enforcement agencies and
dubious legal basis: European Commission wanted the Council to
delay decision so as not to deal "piecemeal with law enforcement
issues"
EU Over 90 non-governmental organizations - including Statewatch
- and 80 companies have endorsed Privacy International's call
on the European Commission to abandon on a proposed retention
regime across Europe of between 1 and 3 years for all communications
traffic data. In this response, PI argues that data retention
is invasive, illusory in its gains, illegal in its goals, and
that the policy process surrounding retention is: Invasive,
illusory, illegal and illegitimate
Beyond
September 11: Essay by by Phil Scraton in "Beyond September
11 - an anthology of dissent" (Pluto Press) (pdf)
Statewatch Timetable: March 2004 EU Anti-Terrorist Declaration:
Updated 7 September 2004: Timetable (pdf) Statewatch's "Scoreboard"
and analysis finding that 27 out of 57 EU proposals have little
or nothing to do with tackling terrorism – they deal with
crime in general and surveillance: Statewatch
Scoreboard
(pdf)
UK:
Police can keep DNA of innocent people indefinitely - the law lords have
set a dangerous precedent by backing the demands of the state
over individual privacy (5.9.04)
Scotland:
Dossier on Dungavel Removal Centre - concerning systematic human
rights abuses in the detention system (pdf, link) (3.9.04)
UK:
New study highlights discrimination in use of anti-terror laws:
IRR News Service (link) (3.9.04)
EU:
Head of Liberal and Democrat group comes out against transit
camps for refugees (2.9.04)
August 2004
McLibel
case in Strasbourg court on 7
September (31.8.04)
Italy
& Spain: Iraq torture sparks political controversy (31.8.04)
EU: Study on "The transfer of protection status in the EU,
against the background of the common European asylum system and
the goal of a uniform status, valid throughout the Union, for
those granted asylum" for the European Commission: Full-text
of study
(pdf) (27.8.04)
USA: 9/11 and Terrorist Travel: Staff Report of the National
Commission on Terrorist Attacks Upon the United States - the
full-text is 241 pages and 7.7 MB and take 4-5 minutes to
download on a fast connection: Staff Report (pdf) (25.8.04)
EU: New
Commissioner for "Justice, Freedom and Security" talks
of the EU being "swamped" by immigration "time-bomb" (23.8.04)
European Commission Staff Working Paper, 17.08.2004, SEC(2004)1046
Annex to the Green Paper on mutual recognition of non-custodial
pre-trial supervision measures. Deadline from responses is 30
November 2004: Working
Paper
(pdf) Green
Paper
(pdf) (21.8.04)
A matter of fear or death by Emma Ginn & Harmit Athwal. David
Blunkett has blamed campaigners for encouraging an Iraqi asylum
seeker to sew up his lips: IRR News
Service
(20.8.04)
EU:
European activist network publishes map of centres to detain
foreigners
(20.8.04)
UK: Stop and search continues to target black and Asian people.
An analysis by Statewatch of the latest official figures show
that under PACE 1984 (Police and Criminal Evidence Act) black
people are six times more likely to be stopped and searched
than white people and Asians twice as likely. While under
the Terrorism Act 2000: the total number of stop and searches
is up 150% - the number of stop and searches of Asian people
is up 285% and those of black people by 229%. Tony Bunyan, Statewatch
editor, comments:
"After
a dip in the use of stop and search powers against black and
Asian people in the aftermath of the Macpherson inquiry into
the killing of Stephen Lawrence the use of all powers is on the
increase. The disproportionate use of stop and search against
black and Asian people is inevitably building up resentment.
No lessons appear to have been learnt from the past"
Statewatch
analysis of stop and search figures (pdf) Press statement (pdf) (19.8.04)
UK: Court rules that evidence gathered using
torture can be used and Full-text of judgement (pdf) (19.8.04)
UK/Spain/Gibraltar:
Early 20th century communications interception in Spain (18.8.04)
EU:
New Commissioner supports setting up external refugee detention
centres
(18.8.04)
Statewatch analyses
on post 11 September effects on civil liberties - updated: Analyses:
no 1 - 37
(17.8.04)
UK:
"Sleepwalking into a surveillance society?" - Information
Commissioner
(16.8.04)
EU: The new Commissioner
taking over - from Mr Vittorino - Justice and Home Affairs in
the European Commission is new Commissioner Rocco Buttiglione.
Directorate General Justice and Home Affairs is to be renamed:
"Justice, Freedom and Security", so Mr Buttiglione
is Commissioner for ""Justice, Freedom and Security".
Tony Bunyan, Statewatch editor, comments:
"This simply scrambles the "Area of freedom, security and justice" into a new EU acronym which changes the wrapping and leaves the same policies in place, where security triumphs over freedom and justice every time"
A full list of the new Commissioners
Special: Composite
statement: Detention in Afghanistan and Guantanamo Bay by three
British citizens: Shafiq Rasul, Asif Iqbal and Rhuhel Ahmed.
This statement jointly made by them constitutes an attempt to
set out details of their treatment at the hands of UK and US
military personnel and civilian authorities during the time of
their detention in Kandahar in Afghanistan in late December 2001
and throughout their time in American custody in Guantanamo Bay
Cuba: Detention
in Afghanistan and Guantanamo Bay (pdf) with thanks to: Cageprisoners (link)
UK: Home Office
consultation paper on: "Modernising police powers to meet
community needs". Includes dropping restriction on arrest
to "serious offences", extending use of search warrants,
allowing fingerprinting outside of police stations to establish
"identity" (no requirement of an offence being suspected),
"covert DNA and fingerprints", protests outside homes
and powers to impose conditions on demonstrations "in the
vicinity of Parliament Square" (ie: including Whitehall
and No 10): Modernising
police powers to meet community needs (pdf)
EU-USA PNR DEAL:
Council of the European Union (the 25 governments) get notice
of case in Court of Justice brought by the European Parliament
over the agreement with the USA on PNR (passenger name record):
Note
from Legal Service (pdf). The parliament is also asking the court
to annul the Commission's finding that adequate data protection
is provided in the USA "Undertakings".
EU Constitution:
The official finally numbered version of the EU Constitution
plus final text of the declarations and of the protocols - please
note that the unofficial renumbered version produced by Statewatch
six weeks ago got the numbers correct. The final size of the
Constitution is 852 pages:
a. EU Constitution
(renumbered, 349 pages) as agreed by EU governments: Constitution (pdf)
b. Protocols (382 pages) attached to the Constitution: Protocols (pdf)
c. b. Declarations (121 pages) attached to Constitution: Declarations (pdf)
UK: The controversial
asylum law has come into effect: Asylum
and Immigration (Treatment of Claimants, etc.) Act 2004 (link to Act)
Italy: Seven
migrants escape from the detention centre in Bologna
European Citizens Action Service
(ECAS) launch "hotline" with: "the aim of helping
EU citizens (particularly those from the new Member States) to
defend their fundamental rights": Hotline
Background ot the initiative: Background
EU: European Commission DG Information
Society and DG Justice and Home Affairs have launched a public
consultation on the issue of traffic data retention. A public
workshop is planned on 21 September 2004, in Brussels. See:
i. Consultation
document (pdf)
ii. Proposal from UK,
France, Ireland and Sweden (pdf)
iii. Statewatch
analysis of the proposal
UK: Joint Committee on Human Rights
publishes report on: "Review of counter-terrorism powers"
(HL Paper 158): Report
(link) Report
(as pdf) responding to: Counter-terrorism powers: Reconciling
Security and Liberty in an Open Society: A Discussion Paper:
Home Office
discussion paper (pdf) and Privy Counsellor Review Committee:
Anti-terrorism, Crime and Security Act 2001 Review: Report
(pdf)
Belgium:
Amnesty International - Prompt action needed to address human
rights concerns
US:
ACLU: Summer Surveillance Campaign Serves up Details of Government
Intrusions
Greece: The Greek Ministry of Public
Order and Ombudsman have published a: "Practical
Guide for interaction between police officers and civilians during
the period of the Olympic Games" (pdf)
Statewatch: Timetable - March 2004
EU Anti-Terrorist Declaration. Updated 2 August 2004: Timetable (pdf).
This can be read in conjunction with Statewatch's "Scoreboard" and
analysis finding that 27 out of 57 EU proposals have little or
nothing to do with tackling terrorism – they deal with crime
in general and surveillance: Statewatch Scoreboard (pdf)
Statewatch
European Monitor published, volume 4 no 6: Contents:
* Dutch Presidency
& the EU institutions
* Draft EU Constitution agreed
* "Tampere II"
* Policing & criminal law
* Counter-terrorism, security and civil liberties
* PNR & the surveillance of air travel
* Immigration & asylum
* Civil law
* Resources on JHA issues
July 2004
UK: Government publishes
proposals on "Animal welfare - human rights: protecting
people from animal rights extremists": Paper (pdf) Guardian article
by George Monbiot: Guardian (lnk)
UK: Home Affairs
Committee report on: Identity Cards (full-text - pdf). See
also Submission to the Committee from the Information Commissioner
which is more critical than the report: Information
Commissioner
(pdf) Backgound:
a. Full-text
of consultation paper and draft ID Cards Bill (pdf)
b. Briefing
sent to Labour MPs (pdf)
c. Prime
Minister there is "no longer a civil liberties" objection
to ID cards
d. "The Government intends to introduce, a national compulsory
ID cards scheme using an individual biometric identifier linked
to a new national database" - to fight "terrorism"
and give "the freedom to do easily things like travel to
Florida on holiday" - David Blunkett, Home Secretary: Statewatch
article
e. Identity
cards in the UK - a lesson from history
f. No to ID cards website:no2id (link)
UK: An alternative view of the Government's
"Preparing for emergencies": HM
Department of Vague Paranoia (link)
UK: Changes in telephone-tapping
warrant procedures disguises true figures. Since 1997 the surveillance
of telecommunications has risen more than two and a half times
- the report from the Commissioner for the year 2003 shows a
20% rise. See:
a. Telephone
tapping and mail-opening figures 1937-2003
(updated 26 July 2004)
b. Changes
in telephone-tapping warrant procedures
Radio Nizkor (Spain):
Audio Documents - HR & civil liberties in the European Union: