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UK-EU-IRELAND: British government proposals: Northern Ireland and Ireland: Position paper (pdf)
And see: UK Brexit position paper opposes Irish border posts (BBC, link)
UK: Undemocratic, unlawful and discriminatory: civil liberties and race relations groups slam Mets plan for controversial facial recognition technology at Notting Hill Carnival (LIBERTY, link):
"Civil liberties and race relations groups have demanded the Metropolitan Police Service abandon plans to deploy cameras equipped with facial recognition technology at this months Notting Hill Carnival.
The coalition which includes Liberty, Privacy International, StopWatch and Black Lives Matter has written to the Met, warning that scanning the faces of thousands of attendees and capturing their images has no basis in law, could lead to discriminatory policing, and represents a gross violation of carnival-goers privacy.
No law, no oversight
The police intend to monitor crowds at the Notting Hill Carnival using cameras equipped with facial recognition technology.
The biometric software scans the faces of passers-by, creating maps of unique facial characteristics that are as uniquely identifying as fingerprints. The scans will be measured and compared to images on an unknown database, the origin of which has not been disclosed by the Metropolitan Police.":
See: Letter ti the Met (pdf)
UK: West Yorkshire police officers back front-line Taser call (BBC, link):
"More than 90% of West Yorkshire police officers want to see Tasers routinely issued to colleagues on front-line duty, according to a new survey.
The poll, carried out by West Yorkshire Police Federation, found 1,417 of the 1,563 officers asked backed the idea.
A second survey of 5,939 people in the county found 86% supported the proposal."
Controlling the killer robots (ips-journal.eu, link)
"We are in danger of sleepwalking into a situation where the decision to kill is ungoverned by our normal combat laws. We need to keep a human in the loop."
Refugee crisis: latest news from across Europe (15-16.8.17) including: Deportation by EU states of 29 Nigerian, Togolese in leg chains; deaths at French-Swiss-Italian borders
EU-AFRICA: Three EU Countries Deport 29 Nigerians, Togolese in Leg Chains (This Day, link):
"Three European nations Sweden, Norway and Spain in the wee hours of Tuesday deported 29 Nigerians and two Togolese male nationals to the country in dehumanising leg chains.
The flight, which landed at the Murtala Muhammad Airport, Lagos, at 6.45 a.m., was operated by Privilege Style aircraft with registration number EC-IZO.
The passengers onboard the flight included 27 Nigerian males, two females and two Togolese males who were deposited in Nigeria, just as the flight took off at 8.30 a.m. to Ghana from Nigeria."
Swedish opposition proposes paying migrants 30% less (New Europe, link):
"Swedish statistics suggest migrants and asylum seekers are overrepresented in unemployment figures. Government and opposition have proposed controversial solutions to address the challenge at hand.
The Swedish government wants to limit low-skilled migration. The center-right opposition in Sweden is now proposing a 70% pay rate for young people up to 23 and migrants who have arrived over the last five years."
UK: Court of Appeal judgment on joint enterprise and trials of vulnerable defendants (Youth Justice Legal Centre, link):
"Five defendants, in two joined applications to appeal, challenged their convictions for joint enterprise murder. The appeals also raised issues as to how young or vulnerable defendants are dealt with by the court. Whilst the applications to appeal were all dismissed, the court made important comments on the training of practitioners representing children and vulnerable defendants in the criminal courts, and announced that changes will be made to the Pre Trial Preparation Hearing (PTPH) form in order to ensure that the practice directions involving vulnerable defendants are properly considered. The Court also emphasised the need for new counsel taking on appeal to consult fully with the original trial counsel and solicitors, following the McCook guidelines."
Judgment: R v Grant-Murray and Henry; R v McGill, Hewitt and Hewitt  EWCA 1228 (pdf)
ITALY: Change can start from us: Roma women in Italy fight for their rights (OpenDemocracy, link):
"If being Roma in Italy isnt easy, the situation for Roma women is harder still.
Saska Jovanovic is a Roma woman who came to Italy from Kosovo after the war in the former Yugoslavia. She studied electrotechnical engineering and works as a cultural mediator.
Roma women are the most exposed to discrimination and the least represented and visible, she told me.
They are discriminated [against] three times: as women, as Roma and inside our communities in all areas which are relevant for independent and dignified life such as education, healthcare, employment."
FRANCE: Police and protesters clash at planned nuclear waste site (RFI, link):
"Police in north-east France used water cannon, tear gas and stun grenades on Tuesday against demonstrators protesting plans to store nuclear waste at a site in Bure. Protest organisers said over 36 people were injured, six of them seriously.Two police officers were also injured.
Over 300 protesters joined the demonstration - some helmeted and wielding stones, sticks and shields, according to the authorities.
Officials say demonstrators threw stones and at least one Molotov cocktail at police who respoded with water cannon, [tear] gas and stun grenades."
And see: Hulots anti-nuclear credentials called into question as protest turns violent (EurActiv, link)
EU: Ongoing deaths at the French-Swiss-Italian borders
"After travelling to Ventimiglia where 12 border deaths were recorded in just a few months, we head back to Como where migrants keep trying to cross the inaccessible border with Switzerland, injuring themselves, or losing their lives on trains, and where both attempts and refoulements have reached substantial numbers."
See: The border crossing deaths in Como (Open Migration, link) by Andrea Quadroni and Michelle Luppi
And: The border crossing deaths in Ventimiglia (link): "Only a few months have passed since the closure of the French border at Ventimiglia, but the decision has already caused 12 fatal accidents. Drowned, run over, fallen, and electrocuted, migrants keep dying in their attempts to cross the border or get lost and hurt themselves in dangerous places. This is the first of three reportages by Michele Luppi and Andrea Quadroni about border deaths and includes an interactive map of the places where they have been killed."
USA: US Justice Department Wants To Know Identities Of 1.3 Million Anti-Trump Web Users (IFLScience!):
"The US Department of Justice (DoJ) has formally requested that the IP addresses of 1.3 million people that visited an anti-Trump protest organizing website, disruptj20.org, be handed over along with their contact information, email addresses and content, and photograph uploads.
DreamHost, a Los Angeles-based web hosting provider, has explained in a blog post that the request came through a few months ago, and that they are challenging the request.
The company explain that this information could be used to identify any individuals who used this site to exercise and express political speech protected under the Constitutions First Amendment. That should be enough to set alarm bells off in anyones mind.
This is, in our opinion, a strong example of investigatory overreach and a clear abuse of government authority.
The website in question is a left-leaning protest nexus. Its primary mission was to disrupt the inauguration of President Trump back in January via peaceful means."
IRELAND: UN Committee against Torture to insist on action from Governement (Irish Examiner, link):
"The Government is coming under pressure to ratify a treaty against torture after committing to it 10 years ago.
The issue is expected to be highlighted in a series of recommendations being published today by the United Nation's Committee against Torture.
The treaty allows for protection against ill treatment not only in prisons but care homes, hostels and police stations."
See: Statement following the publication of the concluding observations of the UN Committee against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, on Irelands State Examination (Irish Human Rights and Equality Commission): "The UN concluding observations however reflect crucial gaps in Irelands compliance with the UN Convention against Torture highlighted by the Commissions monitoring, these include: Irelands non-ratification of the Optional Protocol to the Convention against Torture (OPCAT)... International Protection... conditions of detention... access to justice and remedy for historical abuses... gender-based violence... residential care settings..."
And: UN Committee Against Torture: Concluding observations on the second periodic report of Ireland (pdf)
UK: Police camera inaction? Civil liberties group questions forces' £23m body-cam spend (The Register, link):
"Almost three-quarters of police forces have forked out more than £22m on body-worn cameras, but are failing to properly monitor how the videos are used in court, according to a report released today.
Proponents of the technology argue it will improve transparency in frontline policing, stop police and the public from behaving badly and speed up court proceedings by encouraging earlier guilty pleas.
But civil liberties group Big Brother Watch which compiled its report based on Freedom of Information requests to all 45 UK forces said there wasn't enough evidence that it had a positive impact on policing."
See: 71% of police forces use body worn cameras but cannot show when footage is used in court A Big Brother Watch Report (Big Brother Watch, link) and the report: Smile youre on body worn camera: Part II - Police (link to pdf)
Note: there are similarities here the debate over mandatory data retention in the EU, for which authorities have never been able to provide any comprehensive statistics in terms of convictions obtained or assisted through retained data. The European Commission has even argued that "an undue focus on such statistics can be counterproductive to the effectiveness of law enforcement". See: The EU Data Retention Directive: a case study in the legitimacy and effectiveness of EU counter-terrorism policy (pdf)
Italy-EU search and rescue code could increase Mediterranean deaths, UN expert warns (UN Human Rights):
"Through this new code of conduct, Italy and the European Commission are imposing procedures that could reduce the ability of NGOs to carry out life-saving activities. This could lead to more deaths at sea, and the resulting loss of lives, being foreseeable and preventable, would constitute a violation of Italys human rights obligations, the expert [Special Rapporteur on extrajudicial, summary or arbitrary executions, Agnes Callamard] said.
This code of conduct and the overall action plan suggest that Italy, the European Commission and EU Member States deem the risks and reality of deaths at sea a price worth paying in order to deter migrants and refugees.
The European Commission is also seeking enhanced cooperation with Libya, investing 46 million euro in support of the Libyan border- and coast guards, including their search and rescue operations.
Ms. Callamard warned that, given the situation in Libya, this funding to retrieve refugees and migrants from the Mediterranean and return them to Libya could mean they were subjected to further appalling violence."
UK: House of Commons Library: Protests around Parliament (pdf):
"This briefing paper provides an overview of the current provisions on protests around Parliament, including a background of previous legislation, and controversies and legal cases arising from different provisions over the years."
UK: Find out how to request your personal information (ICO, link):
"You have the right to get a copy of the information that is held about you. This is known as a subject access request.
This right of subject access means that you can make a request under the Data Protection Act to any organisation processing your personal data. The Act calls these organisations data controllers.
You can ask the organisation you think is holding, using or sharing the personal information you want, to supply you with copies of both paper and computer records and related information."
Tabloid hate is damaging our society. The Suns advertisers must help stop it (Guardian, link):
"Trevor Kavanaghs attack on Muslims is the latest in a line of articles that risk legitimising hatred. Companies must stop using our money to fund them."
Merkel: No EU sanctions on migrant quota rebels (euobserver, link):
"Angela Merkel has refused to link refugee-sharing to the EU budget as she embarked on her campaign to secure a fourth term as Germanys leader.
The Czech Republic, Hungary, Poland, and Slovakia are blocking the redistribution of refugees via obligatory EU quotas, leaving Greece and Italy to bear the burden of the migration crisis.
Merkel's opponent in the elections, the centre-left SPD partys Martin Schulz, has called for a harder EU line, including cuts in EU funds for the migrant quota rebels.
But Merkel told the Deutschlandfunks and Phoenix radio and TV broadcasters on Monday (14 August) that to pay ransom, that won't work in this context."
Refugee crisis: latest news from across Europe (13-14.8.17) including: NGO rescue ships suspend work in Libyan waters; migrants must be able to leave Libyan "hell"
EU: Children on the move in Italy and Greece (pdf, emphasis in original):
"REACH, in the framework of a partnership with UNICEF, conducted an assessment on the profiles and experiences of children who arrived in Italy and Greece in 2016 and 2017, why they left home, the risks children encountered on their journey and their life once in Europe.
The assessment found that refugee and migrant children in Italy and Greece come from conflict-ridden countries and areas with poverty; all leave behind a situation where they feel they have no access to their basic rights as a child and do not see any prospects for themselves in the foreseeable future. For many children who have arrived in Italy or Greece, the journey is not yet over, as they aim to join family elsewhere. Others would like to stay in Italy or Greece to continue their education and build a life in the country.
All face challenges in realising their objectives, as access to documentation, including asylum and residence permits, takes longer than they had anticipated and legal pathways are inherently slow. In the meantime, children lose out on education. Often, children do not understand how procedures work and why they need to wait. As a result, children lose their trust in the child reception system and attempt to reach their goals through irregular means, relying on smugglers and putting themselves at risk of abuse and exploitation."
EU: European Parliament briefing: Review of dual-use export controls (pdf):
"Certain goods and technologies have legitimate civilian applications but can also be used for the development of weapons of mass-destruction, terrorist acts and human rights violations; these so-called dual-use goods are subject to the European Unions export control regime. The regime is now being revised, mainly to take account of significant technological developments and to create a more level playing field among EU Member States. The proposed regulation recasts the regulation in force since 2009. Among other elements, the proposal introduces a controversial new human security dimension to export controls, to prevent the abuse of certain cyber-surveillance technologies by regimes with a questionable human rights record. Stakeholders are divided over the incorporation of human rights considerations, with the technology industry particularly concerned that it might lose out to non-European competitors. The European Parliament, the Council and the Commission issued a joint statement on the review of the dual-use export control system in 2014 and the European Parliament has since adopted several resolutions related to the issue."
And see: Open NGO Letter to EU Member States and Institutions Regarding the Export of Surveillance Equipment (July 2017, pdf)
Do we still need human judges in the age of Artificial Intelligence? (OpenDemocracy, link):
"Technology and the law are converging, and where they meet new questions arise about the relative roles of artificial and human agentsand the ethical issues involved in the shift from one to the other. While legal technology has largely focused on the activities of the bar, it challenges us to think about its application to the bench as well. In particular, could AI replace human judges?"
NORTHERN IRELAND: Torture was the norm in the North, says university lecturer (The Irish Times, link):
"A university lecturer who alleges he suffered waterboarding after he was arrested in Belfast in 1978 has said he believes torture was the norm, rather than the exception in the North in the 1970s.
Dr Féilim Ó hAdhmaill who was then a 20-year-old student at Queens University, Belfast said he believed he was going to die when water was poured over his mouth and nose.
A 1978 statement by Dr Ó hAdhmaill, who was then known as Phelim Hamill, is one of a number of documents uncovered by Derry-based human rights organisation the Pat Finucane Centre which contain allegations of what is now known as waterboarding."
And see: Shocking new evidence could overturn Northern Ireland ruling that became an international blueprint for torture (OpenDemocracy, link)
UK is most corrupt country in the world, says mafia expert Roberto Saviano (Independent, link):
"Britain is the most corrupt country in the world, according to journalist Roberto Saviano, who spent more than a decade exposing the criminal dealings of the Italian Mafia.
Mr Saviano, who wrote the best-selling exposés Gomorrah and ZeroZeroZero, made the comments at the Hay Literary Festival. The 36-year-old has been living under police protection since publishing revelations about members of the Camorra, a powerful Neapolitan branch of the mafia, in 2006.
He told an audience at Hay-on-Wye: If I asked you what is the most corrupt place on Earth you might tell me well its Afghanistan, maybe Greece, Nigeria, the South of Italy and I will tell you its the UK.
Its not the bureaucracy, its not the police, its not the politics but what is corrupt is the financial capital. 90 per cent of the owners of capital in London have their headquarters offshore."
RUSSIA: Five years of Russias Foreign Agent law (OpenDemocracy, link):
"Russias Foreign Agent law has made the existence of many NGOs practically impossible. But solidarity is rising among organisations that are working against these restrictions."
The article notes that: "one of the consequences of the Foreign Agent law has been the development of extensive legal practice in defending the rights of NGOs and their representatives. The wave of administrative cases against Foreign Agent NGOs has led to a professionalisation of a new community of legal professionals, who have now specialised in defending NGOs. For instance, in 2016, the Club of Third Sector Lawyers released a report on Development of Civic Activism: Russian NGOs after Foreign Agent legislation, and the Resource Rights Defence Centre also published a report on the legislation. Every new attack on Russian civil society, whether its a campaign against HIV organisations or pressure on independent polling organisations, attracts attention to the countrys third sector, making it visible and creating opportunities to mobilise and coordinate peoples efforts.
To be a Foreign Agent today means that you have certain achievements, youre recognised as a professional and dangerous opponent who needs to be disarmed. Together with the defamatory labels such as fifth column, national traitor, spy, grant eater and enemy of the people, the Foreign Agent label has become a sign of quality, a marker of belonging to a consolidated, professional community that is actively fighting for human rights."
UK: Brexit and migrants' rights: An in-depth look at migrant report (Migrants' Rights Network, link):
"A new report has explored the barriers to migrants integrating into their local areas, including language and community cohesion issues. Here we speak to some local migrants and authority leaders on their views of the report.
Data released by the Migrant Rights Network last week, looks at the views of 136 migrants in Boston, revealing that two-thirds of them would like to see more done to bring communities together.
It includes a number of anonymous comments from migrants in the Boston area and highlights three key areas that could help, including better access to ESOL classes to help students learn English, ending exploitation of migrant workers and building community relationships."
See: Migrants Perspectives on Brexit & UK Immigration Policies (MRN, link):
"The Migrants Perspectives on Brexit and UK Immigration Policies provides an overview of the key findings and recommendations from The Outsider Projects Listening Campaign.
The Outsider Project supports migrants affected by the negative discourse around immigration, and seeks to promote a positive narrative demonstrating the benefits of living in an open society where migration is commonplace. The project has engaged with migrant communities in four locations within the UK Wolverhampton, Oldham, Boston and Barking and Dagenham which were selected based on their majority leave vote in the 2016 EU Referendum and their high non-UK born population."
UK: Nigerian gay rights activist wins UK asylum claim after 13-year battle (The Guardian, link):
"The Home Office has granted refugee status to a prominent Nigerian LGBT activist, ending a 13-year battle over her right to remain in the UK.
Aderonke Apata, 50, says she knew she was gay from the age of 16 and was persecuted in Nigeria. She has been recognised internationally for her human rights work, and recently received Attitude magazines Pride award.
Apate arrived in the UK in 2004 but did not immediately claim asylum on the grounds of her sexuality. Until 2010, lesbian, gay and bisexual asylum seekers were often forcibly removed to their home countries if it was deemed safe for them to live discreetly."
LIBYA: Torture, rape and slavery in Libya: why migrants must be able to leave this hell (Oxfam, link):
"Rape, torture and slave labour are among the horrendous daily realities for people stuck in Libya who are desperately trying to escape war, persecution and poverty in African countries, according to a new report by Oxfam and Italian partners MEDU and Borderline Sicilia.
The report features harrowing testimonies, gathered by Oxfam and its partners, from women and men who arrived in Sicily having made the dangerous crossing from Libya. Some revealed how gangs imprisoned them in underground cells, before calling their families to demand a ransom for their release. A teenager from Senegal told how he was kept in a cell which was full of dead bodies, before managing to escape. Others spoke of being regularly beaten and starved for months on end.
Oxfam and its partners are calling on Italy and other European member states to stop pursuing migration policies that prevent people leaving Libya and the abuse they are suffering."
See: 'You aren't human any more': Migrants expose the harrowing situation in Libya and the impact of European policies (pdf) and: Refugees face kidnap, torture, rape and slavery in Libyan living hell', Oxfam report says (Independent, link)
EU-LIBYA: More NGOs follow MSF in suspending Mediterranean migrant rescues (Reuters, link):
"Two more aid groups have suspended migrant rescues in the Mediterranean, joining Doctors Without Borders, because they felt threatened by the Libyan coastguard.
Save the Children and Germany's Sea Eye said on Sunday their crews could no longer work safely because of the hostile stance of the Libyan authorities. Doctors Without Borders - or Medecins sans Frontieres - cited the same concern when it said on Saturday it would halt Mediterranean operations.
"We leave a deadly gap in the Mediterranean," Sea Eye's founder Michael Busch Heuer warned on Facebook, adding that Libya had issued an "explicit threat" against non-government organisations operating in the area around its coast."
See: Hindrance of humanitarian assistance will create a deadly gap in the Mediterranean Sea (MSF, link): "On 11 August 2017, the Libyan authorities publicly announced the establishment of a search and rescue (SAR) zone and restricted the access to humanitarian vessels into the international waters off the Libyan coasts." And: After MSF, two other NGOs suspend work off Libyan coast citing Libyan ban (Libyan Express, link)
UK: Deportation with Assurances: Flogging a Dead Horse? (one small window, link):
"At the end of 2013, a few months after the deportation of Jordanian terrorism suspect Abu Qatada, then Home Secretary Theresa May commissioned David Anderson QC, the independent reviewer of terrorism legislation at the time, to review the policy of deportation with assurances, part of the basis of the deportation.
...The review was finally delivered to the Home Office in 2017, shortly before David Anderson QC left the post. It was presented to parliament by current Home Secretary Amber Rudd on 20 July 2017. The delay, explained in the review, allowed Anderson and his co-author Professor Clive Walker QC to take account of some significant recent developments.
Overall, the two authors agree that DWA can play a significant role in counter-terrorism, especially in prominent and otherwise intractable cases which are worth the cost and effort, but it will be delivered effectively and legitimately in international law only if laborious care is taken. The only example they provide that comes close to this, in a policy spanning almost thirteen years, is that of Abu Qatada, the cost and effort of which may be debated. Given the approach of the report, the legal arguments against DWA remain intact. What emerges from their discourse, however, is the impact various aspects of the case law and practices related to the application of DWA have had on the evolution of counter-terrorism policy in general."
See: Deportation with assurances (pdf) by David Anderson Q.C., Independent Reviewer of Terrorism Legislation (2011-2017) with Clive Walker Q.C., Professor Emeritus of Criminal Justice Studies, University of Leeds and: Terms of Reference for the Independent Review of Deportation with Assurances (pdf)
UK-EU: Britain falling behind on counter-terrorism as EU links loosened - Former MEP joins appeal to prime minister to drop opposition to European court of justice (The Observer, link):
"the governments ambiguity on how it intends to fit into Europes rapidly evolving security architecture has left officials wondering what, if any, cooperation will be possible in the future prompting them to raise the possibility that the UK might end up on the outside of Europes counter terrorism apparatus.
An influential Conservative security policymaker, who created an EU counter-terror plan to collect personal data on passengers travelling to and from Europe, has also raised concerns that Britain will not be granted access to critical data unless it accepts a role for the European court of justice."
Refugee crisis: latest news from across Europe (6-12..8.17)
EU: Council of the European Union: Letter from SIS II Supervision Coordinating Group Chair to Council Presidency concerning SIS II legislative proposals (pdf) The Letter "underline the following most crucial issues" also raised by the European Data Protection Supervisor (EDPS). And it emphasis the need to:
"prepare a prior analysis of the necessity of the introduction of new biometric (facial images, palmprints and DNA profiles) which should clearly explain that the purpose of the system cannot be achieved in a less intrusive way. Additionally palmprints have been introduced for the first time ever in an EU large scale IT system... [and give] an explanation of the necessity and proportionality of the use of such data is even more urgent."
To "better define the access rights and rules" for the European Border Guard Agency teams "involved in return-related tasks" plus the necessity to extend the retention period alerts from "three to five years.".
See also: Commission proposals: Regulation on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending...(COM 881-16, pdf) and Regulation on the use of the Schengen Information System for the return of illegally staying third country nationals (COM 881-16, pdf)
UK: UNDERCOVER POLICING INQUIRY: Minded to note, ruling and directions in respect of anonymity applications relating to former officers of the Special Demonstration Squad (pdf):
"The Chairman of the Undercover Policing Inquiry, Sir John Mitting is today publishing a Minded to note, with an explanatory note from counsel, a ruling and directions in respect of the anonymity of 29 former officers who served in the Special Demonstration Squad from 1968 onwards. The Inquiry is processing anonymity decisions in separate tranches; these documents relate to the first and second tranches of anonymity applications. At the end of the explanatory note, Counsel provide information about the third and future tranches. The Inquiry is also publishing open versions of the applications themselves. A list of all 59 documents that are being published today can be found here."
See also: UK undercover police inquiry names three spies who infiltrated leftwing groups (Guardian, link)
Poor prison conditions in Romania prompt German court to refuse surrender (Fair Trials, link):
"In a recent decision (dated 31.03.2017, case no. 2 AR (Ausl) 15/17), the Higher Regional Court of Celle, Germany, refused to surrender a person subject to a European Arrest Warrant from Romania because of the countrys poor detention conditions. The ruling confirms previous jurisprudence by the same Court (see decision of 02.03.2017, case no. 1 AR (Ausl) 99/16).
In particular, the Celle Court found that it could not be guaranteed that the detention conditions the requested person would have to face in Romania were compatible with Art. 3 of the European Convention of Human Rights (ECHR), which forbids inhumane and degrading treatment. Referring to the Aranyosi & Caldararu decision issued by the Court of Justice of the European Union (CJEU) in April 2016, the German court found that the prison conditions raised concerns with regards to their compatibility with human rights. This jurisprudence validates similar assessments made by the Higher Regional Courts of Bremen, Stuttgart, and Hamm, as well as by the European Court of Human Rights (ECtHR)."
UK: Sex worker robbed at knifepoint faces deportation after contacting police (Politics, link):
"Sex workers have warned that they are unable to go to the police for help, after a victim of crime was threatened with deportation. The Brazilian woman, who was in the UK on a visitors visa, was robbed at knifepoint by five men at a premises in Enfield in the early hours of June 24th.
When the victim called the police, she said their focus seemed to be more on her activities as a sex worker than the attack itself."
UK: On the lethal restraint of young black Londoner, Rashan Charles (OpenDemocracy, link):
"The police claimed that an officer intervened to prevent a young man from harming himself. Video evidence suggests a different story."
USA: Torture Case Heads to Trial Over CIA Interrogation Methods (Bloomberg, link):
"Two U.S. psychologists who helped design an overseas CIA interrogation program failed to persuade a judge to derail a trial over claims theyre responsible for the alleged torture of three terrorism suspects.
The case is over abuses in the aftermath of the Sept. 11 attacks at secret black-site facilities that operated under President George W. Bush. The lawsuit followed the 2014 release of a congressional report on Central Intelligence Agency interrogation techniques that for the first time published the names of the three prisoners and described what they had been through."
UK-IRELAND: Brexit reaches 'silly season', but no one is laughing (The Detail, link):
"Despite speculation of a high tech solution, it seems inevitable that a hardening of the border will mean a hardening of the border.
The city of Derry/Londonderry is among the locations that today straddle the existing invisible Irish border, as was captured in a recent BBC project here.
Any attempt to run a hard border through the lives of those individuals, families and industries will cause major disruption."
UK: Post-Brexit sanctions law will hit terror group finances (Sky News, link):
"New laws giving the UK beefed up powers to impose its own sanctions against terror groups after Brexit are to be introduced by the Government.
Although modelled on existing EU sanctions, the new Sanctions Bill will make it easier to cut off funding, freeze assets and block access to bank accounts.
At present, the Government must "reasonably believe" a person is or has been involved in terrorism and that freezing their assets is necessary to protect the public.
But under the new plans, ministers would only need to have "reasonable grounds" to suspect a person or group is or has been involved in terrorism and that sanctions are an "appropriate action"."
Ex-MI5 chief warns against crackdown on encrypted messaging apps (The Guardian, link):
"A former head of MI5 has spoken out against curtailing use of encryption in messaging apps despite warning that Islamist terrorism will remain a threat for up to another 30 years.
Jonathan Evans said the terrorist threat to Britain was a generational problem, and suggested the Westminster Bridge attack in March may have had an energising effect on extremists.
But Lord Evans, who retired from the security service in 2013, told BBC Radio 4s Today programme that he would not support a clampdown on use of encryption."
Ex Greek Minister Sentenced for Money Laundering in Siemens Scandal (OCCRP, link):
"Greeces former transport Minister was found guilty on Friday of money laundering involving contracts between Siemens Greek unit and then state-controlled telecoms firm OTE, Reuters reported.
Tassos Mantelis, 72, who served as the transport minister from 1996-2000, concealed 450,000 deutsche mark (about US$ 270,000) he received from Siemens via a third party for approving a contract with OTE, according to a court in Athens.
Mantelis was handed an eight year suspended sentence and fined 50,000 (US$ 58,670), AFP reported."
And see: The Super-Panopticon Scandal of Áthens 2004 Olympics and its Legacy
EU-ISRAEL: MEPs question Israeli institution's involvement in EU-funded interrogation enhancement project
"The Israeli Ministry of Public Security (IMPS) has been participating in the LAW-TRAIN project since 2015. The project aims to enhance police interrogation techniques and receives over EUR 5 million of EU funding under the Horizon 2020 framework programme.
Israel does not expressly prohibit torture and cruel, inhumane or degrading punishment. In fact, the use of torture by Israeli interrogators has been extensively documented in the international and Israeli press, and has been confirmed by international investigators and Israeli interrogators themselves. In June 2016, the UN Committee against Torture denounced Israels use of torture and illegal, abusive techniques during interrogations by police and prison staff.
In the light of the significant resources involved and Israels proven track record of human rights law violations, can the Commission answer the following questions:
1. Did the technical review of the LAW-TRAIN project include an evaluation of the project in the light of the provisions of Regulation (EU, Euratom) No 966/2012 (Financial Regulation)?
2. Given that Israels human rights breaches constitute grave professional misconduct within the meaning of the Financial Regulation, how can the IMPS, which through its control of Israeli prisons and police is complicit in these serious human rights violations, be regarded as a suitable participant in Horizon 2020 programmes?"
See: parliamentary question: LAW-TRAIN, Horizon 2020 funding and human rights abuses in Israel (European Parliament, link) and: Prominent Legal Experts Confirm Israels Record of Torture Makes EU-Funding of LAW TRAIN Illegal (ECCRP, link)
See also: LAW-TRAIN: Mixed-reality environment for training teams in joint investigative interrogation-Intelligent interrogation training simulator (CORDIS, link)
Berlin starts controversial test of facial recognition cameras at train station (The Local, link):
"A Berlin train station on Tuesday became the first to test out software that will automatically recognize faces in an effort to fight terrorism. But not everyone sees the project as positive.
Berlins Südkreuz station on Tuesday started the pilot project on behalf of the federal government to use surveillance cameras to test the softwares ability to recognize the faces of passersby. Around 300 people voluntarily registered to be part of the test for six months.
Their names and faces were saved into a database so that when they are picked up by the cameras, computers will compare them back to the database as they come and go through the station. Three different facial recognition systems will be tested out through the project, according to the Interior Ministry."
Hungary is unique after all: Pew research on terrorism and refugees (Hungarian Spectrum, link):
"A couple of days ago the Pew Research Center published a survey taken between February 16 and May 8 in 38 countries, asking about the respondents sense of threats to national security. People were supposed to rank eight things they consider to be truly threatening as far as their well-being is concerned. Heading the list were Islamic militant group known as ISIS (62%) and global climate change (61%). Cyber attacks (51%), condition of the global economy (51%), large number of refugees (39%), U.S. power and influence (35%), Russias power and influence (31%), and Chinas power and influence (31%) followed in that order.
The 38 countries surveyed are widely scattered, and naturally their concerns vary according to their particular geographic and cultural settings. For example, South American countries found global climate change a greater problem than ISIS. In European countries the large number of refugees was obviously a greater concern than, lets say, in Vietnam or Chile. But in all countries, including European ones, the fear of terrorism was greater than alarm over the refugees. There was one exception, not just among European countries but on all four continents: Hungary. Hungarians dread refugees (66%) more than they worry about terrorism (64%)."
UK: 6 September, London: Paper Launch Big Data and Policing: An Assessment of Law Enforcement Requirements, Expectations and Priorities (RUSI, link):
"The paper explores the potential applications of big data technology to UK policing.
In recent years, big data technology has revolutionised many domains, including the retail, healthcare and transportation sectors. However, the use of big data for policing has so far been limited, particularly in the UK. This is despite the police collecting a vast amount of digital data on a daily basis. As sophisticated technologies become available at increasingly low cost, effective use of big data will become a top priority for the police and other law enforcement agencies.
There is currently a lack of research exploring the potential uses of big data technology for UK policing. The purpose of this paper is to identify specific ways in which big data analytics could enable UK police forces to make better use of the data they collect, allowing officers to act more efficiently and effectively. "
UK: Migrants and Housing (parliament.uk, link):
"Migration is often cited in public debate as a significant factor in the demand for UK housing. This POSTnote provides an overview of available research on migrants and housing. It examines definitions and data sources on migration and its implications. It also outlines the possible impact of migrants on housing, including variation by tenure type, migrant characteristics and region. Finally, it considers the impact of housing on migrants and local communities."
UK: Police officers interviewed under criminal caution over Taser death of Dalian Atkinson (Birmingham Mail, link):
"A police watchdogs investigation into the death of former Aston Villa footballer Dalian Atkinson has seen three police officers interviewed under criminal caution.
The Independent Police Complaints Commission revealed its probe into the death of the retired footballer, who was tasered by officers from West Mercia Police last year, is now nearing completion.
But the IPCC said the criminal investigation does not necessarily mean criminal charges will follow.
The 48-year-old was shot by a police Taser outside his fathers house in Meadow Close, Telford, on August 15 last year. He died around 90 minutes later.
Three West Mercia Police officers were served with gross misconduct notices and IPCC investigators say they have spoken to around 15 other police officers as witnesses."
USA: These Are the Technology Firms Lining Up to Build Trumps Extreme Vetting Program (The Intercept, link):
"Back when he was a presidential candidate, in August 2016, Donald Trump promised his followers and the world that he would screen would-be immigrants using extreme vetting, a policy that has remained as ambiguous as it is threatening (his haphazard and arbitrary Muslim ban was the apparent result of that pledge). Today, Homeland Security documents show the American private sector is eager to help build an advanced computer system to make Trumps extreme vetting a reality."
USA: How Peter Thiel's Secretive Data Company Pushed Into Policing (Wired, link):
"Law enforcement accounts for just a small part of Palantirs business, which mostly consists of military clients, intelligence outfits like the CIA or Homeland Security, and large financial institutions. In police departments, Palantirs tools are now being used to flag traffic scofflaws, parole violators, and other everyday infractions. But the police departments that deploy Palantir are also dependent upon it for some of their most sensitive work. Palantirs software can ingest and sift through millions of digital records across multiple jurisdictions, spotting links and sharing data to make or break cases.
The scale of Palantirs implementation, the type, quantity and persistence of the data it processes, and the unprecedented access that many thousands of people have to that data all raise significant concerns about privacy, equity, racial justice, and civil rights. But until now, we havent known very much about how the system works, who is using it, and what their problems are. And neither Palantir nor many of the police departments that use it are willing to talk about it."
We can stop hacking and trolls, but it would ruin the internet (New Scientist, link):
"CYBERTERRORISM fears are through the roof. Ransomware is wreaking havoc on corporations, hospitals and individuals. Printers can be hacked to take down the worlds largest websites. Put simply, the internet is a mess.
Youre probably familiar with all this hand-wringing. What you might not know is that a solution has been around for decades, and in principle we could apply it tomorrow. Do so, and in one fell swoop we could get rid of ransomware, DDOS attacks and possibly nation state cyberattacks. You might even get rid of trolls.
Even now, this next-generation internet plan is being talked up in the obscure back rooms of internet governance. It is touted as a way of guarding against the potential apocalypse of putting your fridge, your toaster and a billion other gadgets online. Theres just one tiny problem: if its adopted globally, the new regime might just destroy the online world as we know it."
Oligarchs and government control: Pressure on media mounts in V4 countries as the EU watches (Atlatszo, link):
"Pressuring journalists not to speak ill of those in power has become commonplace in the Visegrad countries. While the governments take over or sue newspapers and TV stations, the opposition is reluctant to discuss the issue on the international stage and the EU lacks tools to intervene."
EU: The Commission launches public consultation on cross-border access to electronic evidence (European Commission, link):
"Today the European Commission has launched a public consultation to identify ways to improve access to electronic evidence for the purpose of criminal investigations.
Nowadays, crime very often leaves digital traces that can serve as evidence in criminal proceedings. For most forms of crimes, in particular cybercrimes, electronic evidence can provide significant leads for investigators, and often the only leads. But gathering evidence in cyberspace also brings new challenges for law enforcement and judicial authorities. In particular, because of the cross-border implications: the information may be stored in other countries or may be processed by companies that have headquarters in different countries to the investigating law enforcement and judicial authorities. Present-day solutions often prove unsatisfactory and can even bring investigations to a halt. (...)
With this public consultation the Commission wants to gather input from a broad range of interested stakeholders including: law enforcement authorities, judges, prosecutors, EU institutions and agencies, international organisations, private companies (in particular digital service providers), professional and business associations, civil society, academics and the general public."
See: Improving cross-border access to electronic evidence in criminal matters (link)
Surveillance & Society: Latest issue (link):
"This is our first ever special "Responsive Issue," conceived of as something extra to our usual process of publication. We asked for shorter articles, written in a more punchy and accessible style, to cover specific countries which are moving in an authoritarian direction, and/or transnational issues that relate to the nexus of surveillance and authoritarianism."
See: The Global Turn to Authoritarianism and After (link)
Cleveland Police illegal phone records grab: Officers given £3,000 compensation but journalists get nothing (Press Gazette, link):
"Two former police officers have been awarded £3,000 each in compensation after their phone records were illegally grabbed by Cleveland Police to find the source of leaks to journalists.
But two journalists whose records were also viewed have been given nothing."
Beachgoers watch migrant boat land on Spanish shore (Guardian, link):
"Group of as many as 20 people flee into countryside in Zahara de los Atunes after crossing Strait of Gibraltar."
European Parliament: Mapping the Representation of Women and Men in Legal Professions Across the EU (pdf):
"Upon request by the Committee on Legal Affairs, this study analysis is mapping across all 28 EU Member States the representation of women and men in legal professions. The aim of this study is to identify areas where women or men are currently underrepresented and to analyse the underlying reasons and constraints."
Member states ask for new EU data retention rules (euractiv, link):
"Several EU member states want to include new rules allowing for data retention in a draft privacy bill.
Diplomats from EU countries have been asked to determine whether they want new data retention rules ahead of a meeting to discuss the draft ePrivacy legislation in September.
Estonia, which is leading countries discussions on EU laws until the end of this year, asked national delegations after a meeting in July whether they want to add new rules to the draft bill as a way to require telecoms companies to store consumers personal data for a set amount of time, according to a draft memo that was leaked by the NGO Statewatch."
UK-EU: Judge calls for clarity on status of ECJ rulings in UK after Brexit (Guardian, link)
"Government must specify whether it wants European court of justice rulings to be taken into account, Lord Neuberger says"
A government spokespperson said: However, we want to provide maximum certainty so the repeal bill will ensure that for future cases, UK courts continue to interpret EU-derived law using the court of justice of the European Unions case law, as it exists on the day we leave the EU.
Hungary rights chief denounces data grab bill (euractiv, link):
"Hungarys data protection watchdog on Monday (7 August) lashed out at government plans to centralise personal data and ease rules on allowing official access, calling them a major threat to citizens rights.
The bill, which was filed in parliament late last month, would lead to surveillance without any legal oversight, Attila Peterfalvi, head of the Hungarian Data Protection Authority (NAIH), told the station Klubradio."
UK: Ditchley Foundation: Drones, remote weapons and other robots: the military, commercial, legal and ethical implications (link):
"The United States and the UK and other rule of law nations need to do more to explain in public the ethical and legal basis for the use of targeted killings, including by drone strikes. It should be possible to arrive at a series of principles that would be permissive but also restrictive enough to have meaning."
EU:Council of the European Union: Military-Law Enforcement Agencies cooperation & INTCEN: Threat assessment
Strengthening military, law enforcement and judicial information exchange in counter-terrorism (LIMITE doc no: 10880-17, pdf):
"This note focuses on measures that could be put in place quickly to improve access to battlefield information of European law enforcement, judicial and border authorities, in particular in view of investigation and prosecution of FTF returnees from Syria, Iraq and Libya and border checks."
And see: 10880-ADD-1-17) (pdf)
Update on the conclusions, recommendations and way forward on the INTCEN and Europol threat assessments mechanism (LIMITE doc no: 6699-REV-2-17, pdf):
"In line with the agreed way forward, INTCEN and Europol first presented their findings at the TWP meeting of 18 January 2017. These latest reportings indicate that the overall picture has not changed significantly, especially due to the short time span from the two previousreports, issued in September 2016."
The West attempts hybrid resistance (link):
"EU and NATO are training for their joint rapid response in the event of a crisis with three coordinated exercises. The simulated threat comes from Russia, hackers, the caliphate, immigrants and globalisation critics...
On 1 September the European Union and NATO will start their shared EU Parallel and Coordinated Exercise 2017 (EU PACE17). This is according to a Council Document published online by the British civil rights organisation Statewatch. The two alliances will test their crisis management structures over six weeks."
Revealed: Police Scotland confirms recruiting nearly 800 informants (The Herald, link):
" POLICE Scotland is facing fresh questions over its covert law enforcement strategies after being forced into confirming the recruitment of 759 informants.
The single force finally published the figure, which amounts to over 20 covert human intelligence sources (CHIS) a month, after a failed court bid to stop the information from being released......
On Monday, after resisting disclosure for over a year, the force confirmed 759 CHIS had been recruited between April 2013 and January 2016. "
EU: Council of the European Union: New powers for eLisa agency
Compared version of the proposed eu-LISA Regulation with Regulation 1077/2011 (LIMITE doc no: 11164-17, pdf):
"The new text in the proposed Regulation, compared with the current one, is marked in bold italics, and the deleted text is marked with strikethrough."
Opinion by the Management Board of eu-LISA on the recommendations of the Commission on changes to the Establishing Regulation of eu-LISA (LIMITE doc no: 10873-ADD-3-27, pdf)
Discussion on the proposed new tasks for eu-LISA (LIMITE doc no: 11182-17, pdf):
"The proposed Regulation mainly aims to enhance the role and responsibilities of eu-LISA with regard to existing and possible new large-scale IT systems on cooperation and information exchange in the area of freedom, security and justice and to enable it to provide support to Member States and to the Commission. This is expected to contribute to rendering border management more effective and secure and to reinforcing security and combatting and preventing crime.
Some of the proposed novelties, in particular as regards the Agency's role in relation to interoperability..." [emphasis added]
The Presidency Note also asks Members States: "What is the opinion of delegations regarding the possible tasking of the Agency to develop, manage and/or host a common IT system by a group of at least six Member States opting on a voluntary basis for a centralised solution assisting them in implementing technical aspects..."
UK citizens to get more rights over personal data under new laws (Guardian, link):
"New legislation will give people right to force online traders and social media to delete personal data and will comply with EU data protection...
The main aim of the legislation will be to ensure that data can continue to flow freely between the UK and EU countries after Brexit, when Britain will be classed as a third-party country. Under the EUs data protection framework, personal data can only be transferred to a third country where an adequate level of protection is guaranteed.
The government has stressed that it is keen to secure the unhindered flow of data between the UK and the EU post-Brexit. But the EU committee of the House of Lords has warned that there will need to be transitional arrangements covering personal information to secure uninterrupted flows of data."
See: Government: A New Data Protection Bill: Our Planned Reforms (pdf) and Research and analysis to quantify the benefits arising from personal data rights under the GDPR (pdf)
EU: Council of the European Union: Prum & Internal Security
PRUM: Implementation of the provisions on information exchange of the "Prüm Decisions" - overview of documents and procedures - overview of declarations - state of play of implementation of automated data exchange (5081-REV-3-17, pdf):
"The provisions of the "Prüm Decisions" relating to information exchange concern:
supply of information relating to major events and in order to prevent terrorist offences;
automated searching of DNA profiles, dactyloscopic data and vehicle registration data VRD);
INTERNAL SECURITY: Renewed European Union Internal Security Strategy and Counter-Terrorism Implementation Paper: report of the first half of 2017 and programme for the second half of 2017 (LIMITE doc no:10827-17, 64 pages,pdf):
Information exchange and interoperability, the launch of the new EU Policy Cycle, prevention of radicalisation, the EU Cybersecurity Strategy, the revision of the Schengen Borders Code, the European Travel Information and Authorisation System (ETIAS), strengthened links between the external and internal security policies, the Entry-Exit System, the Directive on countering money laundering by criminal law, e-evidence and encryption were important priorities under MT Presidency for which important progress was made."
A Schengen Zone for NATO - Why the Alliance Needs Open Borders for Troops (Foreign Affairs, link):
"NATOs member states are willing to defend one another, and they have the troops and the equipment to do so. But quickly getting those troops and equipment to their destination is a different matter altogether. In some new NATO member states, bridges and railroads are simply not suitable for large troop movements. But one thing frustrates commanders even more: the arduous process of getting permission to move troops across borders.
I was probably naïve, admits Lieutenant General Ben Hodges, the commander of the U.S. Army in Europe. I assumed that because these were NATO and EU countries wed just be able to move troops. But ministries of defense are not responsible for borders."
And see: Call for military Schengen to get troops moving (Politico, link)
UK: Met police to use facial recognition software at Notting Hill carnival (Guardian, link):
"Civil liberties groups say plan to scan faces of thousands of revellers at London event has no basis in law and is discriminatory....
The Metropolitan police has described the planned deployment as a pilot project intended to look for suspected troublemakers to keep those attending safe.
But critics say the use of real-time biometric tracking has no basis in law and that the plan to deploy it during the carnival is institutionally racist, as it targets Britains main annual African-Caribbean celebration."
Refugee crisis: latest news from across Europe (31.7.17-5.8.17)
Transferring personal data outside the EU: Clarification from the ECJ? (EU law Analysis, link)
"Canadian law required airlines, in the interests of the fight against serious crime and terrorism, to provide certain information about passengers (API/PNR data), which obligation required airlines under EU data protection regulations to transfer data to outside the EU......
for example, SWIFT, the Umbrella Agreement, the Privacy Shield (and other adequacy decisions) the last of which is coming under pressure in any event (DRI v Commission (T-670/16) and La Quadrature du Net and Others v Commission (T-738/16)). Note that in this context, there is not just a question of considering the safeguards for protection of rights but also relates to Treaty base. The Court found that Article 16 must be used and that because there was no role for judicial authorities, still less their cooperation the use of Article 82(1)(d) is wrong. It has, however, been used for example in regards to other PNR agreements. This means that that the basis for those agreements is thrown into doubt."
Ireland's PM in Northern Ireland to tackle Brexit issues (euobserver, link):
"Irelands prime minister, Leo Varadkar, is meeting Northern Irish party leaders on Friday (4 August) to talk about Brexit and the political stalemate in Belfast after a week of political rows with the Democratic Unionist party (DUP)....
Varadkar, who took office in June, said last week that he would "not design a border for the Brexiteers" between his country and the northern part of the island, which is part of the United Kingdom."
UK: Undercover police inquiry names three spies who infiltrated leftwing groups (Guardian, link):
"Public inquiry led by Sir John Mitting is examining use of undercover police officers going back as far as 1968...
One spy operated under the fictitious name of Rick Gibson between 1974 and 1976. He infiltrated Big Flame, a leftwing group, and the Troops Out Movement, which campaigned to end British rule in Northern Ireland....
The second spy used the fake name of Doug Edwards during his deployment between 1968 and 1971. He infiltrated a series of anarchist and leftwing groups, including the Independent Labour party.,,,
The third spy went under the name of John Graham between 1968 and 1969, when he infiltrated protest groups opposed to the US war in Vietnam. He pretended to be a leftwing activist in the Vietnam Solidarity Campaign, attending meetings in Kilburn and Willesden in London and going on demonstrations. He also spied on another leftwing group, the Revolutionary Socialists Students Federation."
UK: 'Paracetamol and caffeine mix' in Rashan Charles' throat (BBC News, link):
"A man who died after a police chase in London had a package in his throat containing "a mixture of paracetamol and caffeine", investigators have said.
Rashan Charles was followed by officers in Dalston on 22 July and became ill after putting an object in his mouth.
In a statement, the Independent Police Complaints Commission (IPCC) said the package was "wrapped in plastic".
Commissioner Cindy Butts added the police watchdog had not yet been given a confirmed cause of death. Mr Charles' death sparked a number of protests in east London, including one which turned violent. "
See also: Metropolitan Police use force disproportionately against black people in London, new statistics reveal (Independent, link)
"Figures show force ranging from handcuffs to guns used 12,600 times in three months...
The Metropolitan Police used force more than 12,600 times in just three months, with a disproportionate amount of incidents involving black people, new statistics have revealed. Data from Britains largest police force showed force of varying degrees was used 139 times a day in London on average, or once every 10 minutes."
EU "Implementation Plan" on Central Mediterranean will exacerbate "abuse, mislead and expel" process in Italy's hotspots
The EU's plans to limit the number of people travelling across the Mediterranean to Italy are set out in a detailed internal "Implementation Plan" (pdf) believed to be drawn up by the Council that is silent on the right to claim asylum in the EU - aside from ensuring that Italy "speed up examination of asylum applications" and ensure that it can "issue return decisions together with final negative asylum decisions," which is likely to exacerbate existing problems with access to the asylum procedure in Italy's "hotspots".
See: The Central Mediterranean - Alleviating the pressure: Implementation Plan (pdf)
UK: Institute of Race Relations (IRR): Fighting fire (link): by Colin Prescod and Daniel Renwick
"The Grenfell Tower inferno throws up all the contradictions between community self-help and resistance and an uncaring state....
Across the area, public-space land is being reclaimed. Maxilla Walk, on the verge of huge and controversial redevelopment, is effectively an occupied public arts space. The Henry Dickens Community Centre, a stones throw from the burnt out Grenfell Tower, is now an art therapy centre. Bay 56 under the A40 Westway, where Acklam Road meets Portobello Road, is now known around the Grove as the Village and is a central hub in the communitys self-help and aid effort, offering healing activities and care packages. Thousands are engaged in an entirely autonomous aid effort. The state withdrew and went missing in the immediate aftermath of Grenfell. It is not clear how it can come back, and on what terms."
EU: FRONTEX: Frontex Annual Activity Report 2016 (pdf):
"Frontex Annual Activity Report 2016 including the Declaration of Assurance and the Analysis and Assessment by Frontex' Management Board."
EU privacy watchdog: Privacy shield should be temporary (euractiv, link):
"European privacy watchdogs have received a few complaints about the privacy shield data transfer agreement with the United States since it was brokered one year ago, the EUs top privacy advocate said in an interview...
Privacy campaigners already filed two complaints against privacy shield at the European Court of Justice last year. The threat to the agreement is real. In 2015, the court ruled its predecessor, the EU-US safe harbour agreement, illegal. Hearings on the two pending cases have not started yet.... We can say, We told you so, Buttarelli said.
He declined to say whether the court will knock down privacy shield, but insisted that regardless of what the EU delegation decides next monthit could suspend the deal if EU officials determine that the US is not following the rulesthe agreement should only be temporary."
Data retention: Can the mass retention of data be justified under the planned ePrivacy Regulation?
The Council of the European Union is struggling to find a way to by-pass the Court of the European Union's judgments in the cases of Digital Rights Ireland and Tele2 and Watson which ban the mandatory collection of data of everyone's communications.
The Council is trying to justify mass data retention for the "prevention and prosecution of crime". Council document (LIMITE,11110-17, pdf) asks Member States to consider a "mind map" (see p3).
Now the Council's attention has turned to the planned ePrivacy Regulation: Processing and storage of data in the context of the draft ePrivacy Regulation = Introduction and preliminary exchange of views [LIMITE doc no:11107-17, pdf)
EU Data Protection Supervisor (EDPS): A digital Europe needs data protection (Press release, pdf):
"The successful implementation of an EU-wide once-only principle to enable the lawful exchange of data across EU borders depends on ensuring that the relevant data protection principles are respected, the European Data Protection Supervisor (EDPS) said today, as he published his Opinion on the Commissions proposal for a Regulation establishing a single digital gateway and the once-only principle.
Giovanni Buttarelli, EDPS, said: This proposal is one of the first EU instruments that explicitly refers to the once-only principle, which aims to ensure that citizens and businesses do not need to submit the same information to a public administration more than once. I welcome this initiative, but also recommend that the Commission take into account some key issues related to data protection in their continued development of the once-only principle. Additional clarity on important data protection principles, such as the legal basis of the processing, purpose limitation and data minimisation will reinforce the protection of the rights of individuals. [emphasis in original]
See: EDPS OPINION (pdf)
Shocking new evidence could overturn Northern Ireland ruling that became an international blueprint for torture (OpenDemocracy, link):
"British forces in Northern Ireland used waterboarding and electric shock treatment on detainees during the 1970s, newly uncovered files show. Witness statements and internal Whitehall correspondence released for the first time last month could have significant implications for international human rights law and British-Irish relations.
One victim of waterboarding in Belfast spoke out publicly about his experience for the first time at following the recovery of his original testimony from 1972, which recounts that he felt like I was drowning or suffocating until I fell on the floor unconscious."
EU: Parliament's foreign affairs committee advises caution over biometrics in the Schengen Information System
The European Parliament's Committee on Foreign Affairs has issued two opinions on proposed new rules for the Schengen Information System, dealing with the use of the system for border checks and the the "return of illegally-staying third country nationals", including a proposal for a "strict analysis" to be carried out before registering biometric data in the system. Specific safeguards for children are also proposed, along with a suggestion for a recital that would warn against Member States using coercion to obtain individuals' fingerprints.
EU: How McKinsey quietly shaped Europes response to the refugee crisis (Washington Post, link):
"It was October 2015. With winter approaching and no end in sight to the flow of migrants seeking refuge from the Syrian civil war, Germany needed a solution fast.
Processing centers for refugees had exceeded capacity. Asylum claims were backlogged. Temporary tent cities would not survive the punishing winter months.
So Germany did what governments increasingly do when facing apparently unmanageable problems. It called in multinational management consulting firms, including New York-based giant McKinsey & Co., to streamline its asylum procedures.
Germany has paid McKinsey 29.3 million euros, the equivalent of nearly $34 million, for work with the federal migration office that began in October 2015 and continues to this day. The office also brought in two Europe-based firms, Roland Berger and Ernst & Young."
EU: Passenger Name Records from Canada back to the EU (Verfassungsblog, link) by Raphael Bossong:
"The new opinion of the Court of Justice... will have major repercussions both for the relations of the EU with partner countries and the development of the EUs own counterterrorism or internal security policy.
To begin with, the opinion [pdf] from 26 July underlines the need for precision in the EUs security cooperation with third countries and as well as the importance of including a primary legal basis for data protection, even if the intention of the cooperation is primarily for security purposes. Therefore, security agreements with other third countries will be subject to renewed scrutiny, including in fields beyond PNR (e.g. on the transfer of SWIFT financial transaction data to the US for counterterrorism purposes)...
Yet arguably the most pressing question for European policy-makers and security authorities is whether the implementation of the EUs own 2016 PNR directive (2016/681) can go ahead as planned."
UK: Police in England and Wales to be asked if they want to carry a gun (The Guardian, link):
"Police officers in England and Wales are to be asked whether they want to routinely carry a gun and drop the principle of normally being unarmed. The Police Federation, which represents 123,000 rank and file officers will begin surveying its members next week.
Police have grown increasingly concerned about threats to their safety from assaults as they perform their regular duties and the high likelihood of terrorist attacks, which unarmed officers are likely to be first to respond to.
The survey will ask officers whether they think they or more of their colleagues should carry Taser electrical weapons, whether there should be more specialist armed officers and whether they themselves want to carry a gun as they patrol the streets."
EU-USA: Clouds linger over troubled transatlantic data-transfer deal (Politico, link):
"A year after European and American officials hammered out a data-sharing deal to allow companies to move peoples digital information across the Atlantic, the agreements future is in the hands of lawyers, not lawmakers.
Many fretted that the so-called EU-U.S. Privacy Shield would soon run into trouble. And despite its survival so far, the data-transfer deal faces an uncertain future as policymakers start planning for the first annual review of the agreement in mid-September in Washington, D.C."
HUNGARY: The Economics of Fear: How Orbán Profits from Insecurities (Political Critique, link):
"Hungarian Prime Minister Viktor Orbáns rhetoric is made up of a creative combination of fears: social insecurities, loss of national identity, and threats to national security all play an important role when it comes to Orbán positioning himself as the sole protector of Hungary."
UK court blocks bid to prosecute Tony Blair for invasion of Iraq (Middle East Eye, link):
"A British court has blocked an attempt by a former Iraqi general to bring a private prosecution against Tony Blair over the Iraq war.
General Abdul Wahed Shannan al-Rabbat, a former chief of staff of the Iraqi army, accused Blair of committing a "crime of aggression" while he was prime minister, by invading Iraq in 2003 to overthrow Saddam Hussein.
The former Iraqi soldier wanted to prosecute Blair and two other key British ministers at the time the foreign secretary, Jack Straw, and the attorney general, Lord Goldsmith."
UK: Dont call them riots. That dismisses the anger over Rashan Charless death (The Guardian, link) by Franklyn Addo:
"Concerns about the mistreatment of people of colour by police in the UK are legitimate. The deaths of Oluwashijibomi Lapite in 1994, Mark Duggan in 2011, Edson Frederico Da Costa last month and Rashan Charles last weekend, to name just a few examples, show the severity of the problem. In all of these cases, the individuals died following police contact and all were black.
The events preceding Charless death, as he was being chased and apprehended by police in a newsagents in Dalston in north-east London, were captured on CCTV and the resulting images are deeply disturbing. Peaceful protests in response to the death boiled over into aggression, with people blocking roads and setting refuse alight against, it should be said, the wishes of the dead mans family. With various pundits dismissing protesters as rioters and thugs, it is important to remember the lessons of history."
And see: Protesters block Dalston road over Rashan Charles death video (link)
Refugee crisis: latest news from across Europe (26-30.7.17): 21 stories/reports
UK: More Than 1000 Groups Infiltrated by Spycops (Campaign Opposed to Police Surveillance, link):
"More than 1,000 groups have been spied on by Britains political secret police, the Undercover Policing Inquiry confirmed last week.
How many more than 1,000 groups have been spied upon isnt clear, but the revelation of the figure indicates that the Inquiry has a list. It is imperative that this list is published. Unlike releasing an officers real name, there can be no assertion that telling us the names of an infiltrated group would endanger those being identified.
If we are to get the truth of what has been done, we need to hear from those affected. Every person and group spied on by these disgraced units should be told and given access to their files. The victims need time to find their contemporaries and confirm the details. Only then can we see what the real purpose of the spying was, only then can the victims correct any misinformation on the files."
See also: Undercover police spied on more than 1,000 political groups in UK (Guardian, link) "Number of organisations revealed by inquiry set up to examine conduct of covert officers since late 1960s."
UK-EU-BREXIT: House of Lords Select Committee report: Brexit: judicial oversight of the European Arrest Warrant (pdf):
"We welcome the Home Secretarys announcement that it is a priority for the Government to ensure that the UK remains part
of the European Arrest Warrant. However, it is not clear how this objective is compatible with the Governments objectives in relation to the CJEU, let alone other aspects of the UKs withdrawal from the European Union."
Greece: Authorities must investigate allegations of excessive use of force and ill-treatment of asylum-seekers in Lesvos (AI, link):
"Amnesty International calls on the Greek authorities to urgently investigate allegations that police used excessive force against asylum-seekers in the Moria camp near Mytilene during a protest on 18 July 2017 and ill-treated some of those who were arrested and detained in the Mytilene police station following the clashes that ensued. Testimonies the organisation collected from victims and witnesses about excessive use of force in the Moria camp are also supported by audio-visual material that was made public in the media in the days after the protest."
See: Report (pdf)
European Parliament: MEPs Letter to Commission, Greece, UNHCR & IOM: Moira, Lesvos: Refugee roundup (pdf):
"We learnt from the statement of the Human Rights Activist Nawal Soufi (European Citizenship Prize 2016) that at 6 in the morning of the 24th of July several police and military agents broke into Moria's hotspot on the Greek island of Lesbos, awakening migrants with violence and abuse.
"The police had a list of people to take. Dozens of migrants have been arrested, 90% of them are asylum seekers. Among them there are many Syrians and even Kurdish-Syrians. Some of them have only received the first rejection and are waiting for the decision on the appeal. One of the asylum seekers arrested is a young Kurdish-Syrian who has already suffered violence in Turkey"....."
EU: ACCESS TO LEGISLATIVE DOCUMENTS: Council of the European Union: Own-initiative inquiry OI/2/2017/AB by the European Ombudsman concerning access to documents relating to Council preparatory bodies when discussing draft EU legislative acts: Draft reply of the Council of the European Union (LIMITE doc no: 8808-REV-1-17, pdf): The Council questions the right of the Ombudsman to conduct an inquiry on grounds of maladministration into legislative matters:
"The Council is of the view that the exercise of legislative powers is not limited to the adoption of political choices on legislative files. It also includes the choices according to which the legislators decide to organise the legislative process itself. The organisation of the legislative process cannot be considered an administrative activity and therefore cannot give rise to possible instances of maladministration but ought rather to be regarded as an essential aspect of the exercise of the legislators' prerogatives." [emphasis added]
Background: European Ombudsman launches Inquiry into availability of Council legislative documents
On 10 March 2017 the European Ombudsman launched an inquiry into: "the disclosure of documents from discussions on draft EU legislative acts in Council preparatory bodies."
See: Letter to Counci: Access to documents relating to Council preparatory bodies when discussing draft EU legislative acts (pdf) The letter to the Council observes that: "The General Secretariat of the Council (GSC) does not proactively make available documents reflecting the positions of individual Member States during negotiations. This approach, however, is without prejudice to the right of public access to documents provided for in Regulation 1049/20015. These documents can be made available after the act in question has been adopted, provided that they are not covered by any exception laid down in Article 4 of Regulation 1049/2001." [emphasis added]
EU cybersecurity exercise focuses on quasi-democratic country and anti-globalisation group (euractiv, link):
"An EU exercise to test countries ability to react to cybersecurity attacks will focus on threats from terrorist organisation, a quasi-democratic country and anti-globalisation groups....
During the EU and NATO exercise that will continue after the defence ministers meeting, national authorities will respond to a scenario that will be as realistic and plausible as possible, according to a 53-page preparatory document from the Council, which was leaked by the NGO Statewatch .....
One part of the exercise trains authorities response to attacks from an anti-globalisation movement that organises riots disguised as demonstrations, all combined with email spamming and receives financing through anonymous cryptocurrencies, as well as from hostile countriesincluding the quasi-democratic state."
UK rejects Dublin's plan for Irish Sea border after Brexit (Sky News, link): "Dublin wants customs and immigration checks moved from the land border to ports and airports - drawing a new border at sea."
AUSTRALIA: Facial recognition to replace passports (Sky News, link):
"New technology will be rolled out at Australian airports which will eventually mean known passengers arriving in the country won't have to produce passports.
Immigration Minister Peter Dutton on Wednesday announced a new $22.5 million, three-year contract which will see 105 new smart gates rolled out, with more to come over time.It will enable passengers from more countries to be processed using facial recognition."
European Commission: Security Union
Security: the EU is driving work to share information, combat terrorist financing and protect Europeans online (Press release, pdf):
"The 9th Security Union progress report highlights the recent steps taken to prevent terrorist financing through trafficking in cultural goods and improve the interoperability of EU information systems....
Reducing the complexity of EU instruments and strengthening interoperability:
Agreement on the Entry/Exit System is an important step towards achieving full interoperability of EU information systems by 2020 and the Commission will engage with the European Parliament and Council to accelerate work on related proposals to strengthen the Schengen Information System and EURODAC and ECRIS databases." [emphasis added]
Ninth progress report towards an effective and genuine Security Union (COM 407, pdf)
Commission Staff Working document: Comprehensive Assessment of EU Security Policy (SWD 278, Part 1, 101 pages, ,pdf)
Part 2 of above (SWD 278, Part II, 186 pages,pdf)
Court of European Justice: Croatia is responsible for examining applications for international protection by persons who crossed its border en masse during the 2015-2016 migration crisis (Press release, pdf):
"Those persons must be regarded as having crossed the external border of Croatia irregularly within the meaning of the Dublin III Regulation."
European Parliament: Rapporteur welcomes court's rejection of EU Canada passenger data deal (link):
"Sophie int Veld, EP rapporteur on the PNR agreement between the EU and Canada says there may be wide-ranging consequences following the EU Court of Justices landmark ruling....
Her comment comes after the European Court rejected the agreement between Canada and the EU to swap passenger names, travel dates, itineraries and contact details for security purposes.
The European Court of Justice found that this was contrary to EU law and violated privacy and data protection rules."
See: Court of Justice says no to EU-Canada travel surveillance deal as implementation of European system continues and: CJEU Opinion (pdf)
EU: Council of the European Union: Proposal for a Directive on the conditions of entry and residence of third-country nationals for the purposes of highly skilled employment (First reading) - Mandate for negotiations with the European Parliament (LIMITE doc no: 10552-17, pdf):
"Throughout discussions, significant efforts have been made to strike a balanced compromise among diverse approaches on the best way to attract highly qualified migrants to the EU. While some Member States favour a flexible and business-oriented approach, others insist on more safeguards and protection of their national labour markets.
The following issues have been particularly sensitive in the course of the negotiations: the interaction between national schemes for highly qualified migration and the EU Blue Card scheme; the proposed inclusion of beneficiaries of international protection and the family members of EU citizens within the scope of the Directive; the issue of salary thresholds; as well as the recognition of professional experience as an alternative to education qualifications."
EU: Border surveillance technologies presented to Frontex included "foliage penetration", drones and "intelligence fusion"
See: Reply from Frontex to questions from Sabine Lösing MEP (pdf): "Which of the technologies and services presented does the border agency intend to procure in the future?
The meeting referred to forms part of a series of regular meetings during which industry briefs the Agency and Member States experts on its portfolio of products and services in the field of border security. The meetings are not part of any procurement procedure."
The original questions: Subject: New border surveillance technologies Frontex (EP, link)
EU-USA: US Surveillance Makes Privacy Shield Invalid (Human Rights Watch, link):
"United States surveillance laws and programs are so broad and contain such weak safeguards that they render the EU-US Privacy Shield invalid, Human Rights Watch said today in a briefing and letter to the European Commission, published jointly with Amnesty International. The Commissions 2016 decision approving the Privacy Shield arrangement makes it legal for internet companies to transfer users personal data from the EU to the US, with major commercial implications. The arrangement will undergo its first annual review in September 2017."
See: Letter from Amnesty International and Human Rights Watch (pdf):
"Human Rights Watch and Amnesty International write to urge the European Commission to re-evaluate its Implementing Decision 2016/1250 on the adequacy of the protection provided by the EU-U.S. Privacy Shield on the basis that the United States of America (United States) does not ensure a level of fundamental rights protection regarding the processing of personal data that is essentially equivalent to that guaranteed within the European Union (EU)."
EU: Relocation of refugees "reaches record levels"; proceedings against Czech Republic, Hungary, Poland continue
The European Commission has published the fourteeneth progress report on the EU's schemes for the relocation and resettlement of refugees, stating that relocations from Italy and Greece have reached "record levels in June", meaning that "relocating all those eligible remains feasible before September."
At the same time, the Commission has moved to the next stage with its infringement proceedings against the Czech Republic, Hungary and Poland for failing to comply with the relocation scheme, as an Advocate General at the Court of Justice has issued an opinion calling for the Court to dismiss a complaint made by Slovakia and Hungary that the relocation scheme breaches EU law.
UK: Sir John Mitting is the new chairman of the Undercover Policing Inquiry (press release, pdf):
"The Home Secretary has today announced the retirement due to ill health of Sir Christopher Pitchford the Chairman to the Undercover Policing Inquiry, who was also former Lord Justice of Appeal. The Inquiry team express their thanks to Sir Christopher for his leadership over the past two years, and for his work in establishing the Inquiry on a firm footing and steering it through complex preliminary matters. The Inquiry team send Sir Christopher and his family all their very best wishes.
The Home Secretary has also today announced the appointment of the Undercover Policing Inquiry Panel Member, Sir John Mitting, to the role of Inquiry Chairman. Since the announcement on 31 May 2017 that Sir John would join the Inquiry he has been familiarising himself with the Inquirys work and he will very shortly issue his first decisions."
Small is beautiful: Nano drone tech is advancing (Defence IQ, link):
"The technology behind unmanned air systems (UAS) has taken off in recent years and as a result UAS can fly faster and further than ever before performing ever more sophisticated surveillance operations.
Developments in size, weight and power (SWaP) optimised technologies have driven these improvements, allowing smaller man-portable systems more flexible tactical capability, and enhancing larger medium-altitude long-endurance (MALE) class UASs built by leading manufacturers like Northrop Grumman and General Atomics.
This jump in capability has been boosted by the development of microelectromechanical systems (MEMS) variants on mission-critical components such as accelerometers and gyroscopes as well as the miniaturisation of various crucial supplied parts."
Alis Long Wait for Justice in Greece - After Six Years, Afghan Mans Attackers are Finally Convicted (Human Rights Watch, link):
"Ali Rahimi was 27 when it happened. A group approached him and two other Afghans in central Athens, swore at them, and told them to leave Greece. Then they attacked.
Ali was hit on the head with a bottle and stabbed five times in the chest and back, suffering a lung puncture dangerously close to his heart. The other two Afghan men managed to escape.
Six years on, Ali has finally seen justice done."
CZECH REPUBLIC: New Facial Recognition Cameras to Be Installed at Prague Airport (Prague Morning, link):
"Three months before the elections, Minister of the Interior Milan Chovanec is trying to ensure maximum safety against airport terrorist threats. Besides the National Security Unit, which will reveal suspects of terrorism according to data provided by the airlines, the Ministry of Interior also wants to invest in new cameras with facial recognition software.
It is not a panacea, but it could help, thinks Miroslav Mare, an expert on organized crime.
Starting next year, Prague Václav Havel Airport will have fourteen police officers of the National Security Unit, processing passenger name record data. Their talk is to go through airlines data to find individuals involved in crime or terrorism. The specialized unit will check personal data provided by airlines. The number of officers will continue to increase."
Article 7: The ins and outs of the EUs nuclear option for Poland (EurActiv, link):
"The European Commission will decide on Wednesday (26 July) how to deal with the Polands reform of its judicial system, which Brussels and the Polish opposition say undermines the judiciarys independence and violates the EUs basic principles of the rule of law.
Polish President Andrzej Duda surprised many on Monday when he vetoed two of the controversial reforms but later signed into law a third bill despite opposition from Polish demonstrators.
With only one of the reforms adopted, it was not clear what steps, if any, EU First-Vice President Frans Timmermans will announce on Wednesday."
And see: Street protests and EU warnings over attempt to bring judiciary under political control
Court of Justice says no to EU-Canada travel surveillance deal as implementation of European system continues
The EU's proposed Passenger Name Record (PNR) agreement with Canada to profile air passengers is incompatible with the fundamental rights to privacy, data protection, non-discrimination and does not meet the requirements of necessity and proportionality, according to an opinion issued today by the European Court of Justice.
Digital rights group EDRi said that the EU should now suspend its Passenger Name Record (PNR) agreements with the USA and Austrlia and that the ruling "should now also lead to an end to national laws transposing the EU PNR Directive" - a measure that Member States consider as "crucial in the fight against terrorism and serious crime", according to Council of the EU and Europol documents on the implementation process published today by Statewatch.
Security and migration amongst EU priorities for cooperation with "modern, democratic" Egypt
Joint priorities adopted today by the EU and Egypt for 2017 to 2020 include a commitment from the EU to "support the Egyptian government's efforts to strengthen its migration governance framework, including elements of legislative reform and strategies for migration management," and to "support Egypts efforts to prevent and combat irregular migration, trafficking and smuggling of human beings, including identifying and assisting victims of trafficking."
Refugee crisis: latest news from across Europe (21-25.7.17)
UK: Social Media Intelligence (PI, link):
"Social media intelligence (SOCMINT) refers to the techniques and technologies that allow companies or governments to monitor social media networking sites (SNSs), such as Facebook or Twitter.
SOCMINT includes monitoring of content, such as messages or images posted, and other data, which is generated when someone uses a social media networking site. This information involves person-to-person, person-to-group, group-to-group, and includes interactions that are private and public."
Statewatch comment: For GCHQ and intelligence agencies this is complemented by OSINT: Open Source Intelligence (OSINT) is any unclassified information, in any medium, that is generally available to the public. And HUMINT (human intelligence) and also PROTINT ("protected information"):Defined by Sir David Omand (former senior British civil servant who served as the Director of the Government Communications Headquarters (GCHQ) from 1996 to 1997).as:
"This is personal information about individual that resides in databases, such as advance passenger information, airline bookings and other travel data, passport and biometric data, immigration, identity and border records, criminal records, and other governmental and private sector data, including financial and telephone and other communications records. Such information may be held in national records, covered by Data Protection legislation, but it might also be held offshore by other nations or by global companies, and may or may not be subject to international agreements."
State agencies also gather:
SIGINT (Signals Intelligence
COMIT (Communications Intelligence)
ELINT (Electronic Signals Intelligence)
MASINT (Measurement and Signature Intelligence)
FISINT (Foreign Signals Intelligence)
RADINT (Radar intelligence)
IMINT (Satellite and photo reconnaissance = Imagery Intelligence)
GEOINT (Geospatial Intelligence)
TECHINT (Technical Intelligence)
S&TINT (scientific and technical intelligence)
EU: Tell the EU you disagree with EU funding to military R&D (before August 7) (ENNAT, link):
"On June 7, the European Commission proposed a text to create a Defence Industrial Development Programme, which would divert 500 million of the EU budget over 2019-2020, in order to fund the development of new military technology. This is on top of the 90 million already granted for military research over 2017-2019. Our national governments and European parliamentarians will have to decide on this new funding, and the EC wants them to vote before end of the year."
UK: Rashan Charles death: Furious protesters march to Stoke Newington police station in 'justice for Rash' rally (Evening Standard, link): "The demonstrators brought traffic to a standstill"
GERMANY: Declaration on Freedom of Expression: In response to the adoption of the Network Enforcement Law (Netzwerkdurchsetzungsgesetz) by the Federal Cabinet on April 5, 2017 (link):
"Freedom of expression has an essential and indispensable role in a society shaped by democratic values. The basic right to free expression is protected under the freedom of communication clause and under the freedoms granted to the press and broadcasters. The right to free expression finds its limits only where the rights and dignity of others are violated. The right to free expression and its restrictions, apply online as well as offline.
Recently, the permissible scope of freedom of expression has been highly debated due to a number of incidents, which claim that false statements and hate speech often shape public discourse. To cope with this phenomenon, the Federal Cabinet has presented the Network Enforcement Law (NetzDG), which is set for adoption by the German Bundestag in the summer. Against this background, the signatories of this declaration wish to express their support for the following three principles..."
And see: Germany passes controversial law to fine Facebook over hate speech (The Verge, link)
USA: Artificial Intelligence and National Security (pdf):
"Partially autonomous and intelligent systems have been used in military technology since at least the Second World War, but advances in machine learning and Artificial Intelligence (AI) represent a turning point in the use of automation in warfare. Though the United States military and intelligence communities are planning for expanded use of AI across their portfolios, many of the most transformative applications of AI have not yet been addressed.
In this piece, we propose three goals for developing future policy on AI and national security: preserving U.S. technological leadership, supporting peaceful and commercial use, and mitigating catastrophic risk. By looking at four prior cases of transformative military technologynuclear, aerospace, cyber, and biotechwe develop lessons learned and recommendations for national security policy toward AI."
Young people show up in droves to defend Poland's courts (EUobserver, link):
"John Lennon's Imagine filled the summer night in front of Poland's Supreme Court on Sunday (23 July), as people started to head home from another protest in defence of democracy and free courts.
Ever since the ruling Law and Justice (PiS) party announced its plans to reform this institution around ten days ago, demonstrations have been piling up, drawing larger crowds, and finding their way into new towns and villages.
The number of participants increased after the Sejm, the lower house of parliament, passed a law on Thursday that will put the Supreme Court under the control of the government. The law would give the government the right to fire all the judges and let the minister of justice, Zbigniew Ziobro, draft the list of new ones. "
UK: state prisoner letters: Home Office correspondence, The National Archives, Kew (Protest and the politics of space and place, link):
"Between 1794 and 1820, a multitude of radical leaders and printers were arrested and imprisoned for seditious activities, combination, conspiracy, and other state offences as they campaigned for democratic and workers rights.
Many of these prisoners were working class, and were Luddites, Blanketeers, Peterloo radicals. In prison, they wrote to their families, who wrote back, and to the Home Office, sympathetic MPs, and to the radical movement outside. Many of these letters were copied or confiscated by gaolers and sent to the Home Office. The men were separated and placed in prisons across the country, often in solitary confinement or poor conditions.
Those arrested under the Suspension of Habeas Corpus acts of 1799 and 1817 were imprisoned for up to 10 months without trial, and released without trial or acknowledgement of their innocence. The governments then passed Indemnity Bills, indemnifying the gaolers against being sued by the radicals for unlawful imprisonment. The radicals saw both the suspension of habeas corpus and the indemnity bills as against the fundamental principles of Magna Carta, and evidence of government corruption, spurring them on to campaign for parliamentary reform and penal reform even further."
EU: Europol: annual report for 2016, work programme 2017-19, joint 2016 report with Eurojust
Three reports by EU policing agency Europol outlining its work during 2016 (including a joint report for the year on its work with EU judicial cooperation agency Eurojust) and its plans for the 2017-19 period.
EU: Council conclusions on Libya (17 July 2017) (11155/17, pdf)
Including: "The EU will support Libya to strengthen its capacities to control its borders, including in the south, in accordance with International Law, in addition to broader EU efforts to reinforce cooperation with countries of origin and transit to significantly reduce migratory pressure on Libyas and other neighbouring countries land borders. The EU will continue to cooperate with G5 Sahel countries, including via contributions of CSDP missions and financial support to the G5 Sahel Joint Force. The EU will further engage and provide support to enhance both sea and land border management by Libyan Authorities.
Underlining the importance of both missions, the Council welcomes the renewal of the mandate of EUBAM Libya and will decide shortly on the renewal of Operation Sophia...
EUBAM Libya will continue to progressively engage with and assist the Libyan authorities on border management, including on the South of Libya, law enforcement and criminal justice and plan for a possible civilian CSDP mission in the field of security sector reform, co-operating closely with and contributing to UNSMIL efforts. It will continue working towards establishing a light presence in Tripoli provided that appropriate security arrangements are in place."
UK: Tories use 'take out the trash' day to dump controversial reports (The Guardian, link):
"Theresa May has been accused of an absolute affront to democracy after dumping dozens of official documents online on parliaments last day of term, showing the police force numbers have dropped to a 30-year low and the number of soldiers has fallen by 7,000.
The government has published very little for weeks after the election but about 22 written statements and dozens of Whitehall reports were released on Thursday, just as MPs embark on their long summer break."
UK: Jack Straw MI6 Rendition Trial to be Heard in Secret (Reprieve, link):
"The High Court has decided today that the trial involving the rendition and torture of a leading Gaddafi opponent and his pregnant wife should be conducted in secret.
Abdul-Hakim Belhaj and his wife Fatima Boudchar opposed the Governments request for a secret trial under section 6 of the Justice and Security Act on the basis that extensive evidence of the CIA torture programmeand of their abductionhas been in the public domain for years.
Many key facts in the case and of the CIA rendition programme in general are officially confirmed.... The High Court found that none of this official evidence required an ordinary, fair public trial. The Court held that an open trial would cause significant damage to the interests of national security [ ] irrespective of the current sensitivity of the intelligence itself."
Anti-immigrant ship on its way to stop refugee boats in Mediterranean stopped in Suez Canal (The Independent, link):
"A ship chartered by activists to hamper the rescue of refugees in the Mediterranean has reportedly been arrested in the Suez Canal after the its captain failed to produce a satisfactory crew list.
The Defend Europe ship set sail from the east African nation of Djibouti where it was chartered last week.
Called the C-Star, it was predominantly funded with donations on a crowdfunding website.
The crew had intended to sail the ship through Egypt's Suez Canal before heading towards the Italian city of Cantania where many rescue boats run by charities and non government organisations (NGOs) are based."
UN Global Compact on Migration: Preventing torture of migrants should be at the core of the Compact (Association for the Prevention of Torture, pdf):
"On 19 September 2016, the United Nations General Assembly adopted the New York Declaration for Refugees and Migrants, a Resolution that sets in motion a complex process to elaborate by 2018 two instruments laying out States commitments regarding large movements of refugees and migrants. These instruments are the Global Compact on Safe Orderly and Regular Migration and the Global Compact on Refugees (not addressed in this paper).
This paper outlines seven key messages that the Association for the Prevention of Torture (APT) considers essential, from a torture prevention perspective, for the establishment of a Global Compact on Safe, Orderly and Regular Migration (hereafter the Global Compact on Migration)."
The Hamburg G20 Leaders Statement on Countering Terrorism (pdf)
Concerning: Implementing international commitments and enhancing cooperation; Fighting terrorism finance; Countering radicalization conducive to terrorism and the use of internet for terrorist purposes.
Austria wants to spy on messaging apps, Australia not far behind (ZDNet, link):
"Austria is pursuing plans to give police the authority to monitor messaging services such as WhatsApp and Skype in an attempt to "close the gap" on criminals who increasingly avoid communicating via telephone.
The government has asked political, technology, civil rights, and legal experts to review draft legislation that would give it authority to monitor real-time conversations using new messaging services and applications, Justice Ministry officials told Reuters on Monday.
Such surveillance would be permitted only with a court order in investigations into terrorist activities or other crimes punishable by at least five years in prison, one of the officials said."
EU: European Commission's handling of military research 'Group of Personalities' to be investigated
An inquiry into the European Commission's alleged mishandling of a high-level advisory group charged with setting out plans for EU military research and cooperation has been launched by the European Ombudsman, in response to a complaint filed by the European Network Against the Arms Trade (ENAAT).
EU: Council of the European Union: Manual on Law Enforcement Information Exchange ( 6261-17, pdf): 110 pages:
"The manual contains an overview of all EU systems, legal bases and instruments of information exchange available to the law enforcement authorities of the Member States. This way, the user is fully informed of the available options when it comes to deciding how to seek or provide information across borders."
And see Chart on page 5.
UK: Rashman: Police watchdog to investigate lethal restraint of young black man in Hackney (Open Democracy, link):
"Police claim officer intervened to prevent the man from harming himself. But video shows sustained restraint. (warning: distressing video)."
UK-EU: BREXIT: The joint technical note attached summarises the UK and EU positions and compares them following the 2nd round of Art. 50 negotiations (pdf) Contains 4-column document: Comparison of EU/UK positions on Citizens' Rights:
"This table summarises the UK and EU positions and compares them. Green indicates convergence, red indicates divergence and yellow indicates where further discussion is required to deepen understanding."
EU: Qualifications Directive: Council of the European Union: Proposal for a Regulation on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection... Mandate for negotiations with the European Parliament (LIMITE EU doc no: 10475-17, pdf): Council's negotiating position with European Parliament in trilogue despite the fact that:
"Four main aspects of the proposal could not be agreed upon during the discussions at the preparatory bodies level. Therefore, the Presidency has prepared draft compromise solutions, which take into account the different positions expressed by delegations during the above discussions and which can be found in the Annex to this Note. The changes in the text of the draft Regulation as compared to the Commission proposal are indicated in bold and deleted text is marked in [ ]."
See: European Parliament draft orientation position (pdf)
USA: Government Accountability Office (GAO): Aviation Security: TSA Does Not Have Valid Evidence Supporting Most of the Revised Behavioral Indicators Used in Its Behavior Detection Activities (pdf):
"According to TSA, certain verbal and nonverbal cues and behaviorsTSAs behavioral indicatorsmay indicate mal-intent, such as the intent to carry out a terrorist attack. These behavioral indicators include, for example, assessing the way an individual swallows or the degree to which an individuals eyes are open. According to TSA, such indicators provide a means for identifying passengers who may pose a risk to aviation security and referring them for additional screening...
TSA does not have valid evidence that most of the indicators in its revised list of behavioral indicators can be used to identify individuals who may pose a threat to aviation security. In our review of all 178 sources TSA cited in support of its revised list, we found that 98 percent (175 of 178) of the sources do not provide valid evidence applicable to the specific indicators that TSA identified them as supporting. In total, we found that TSA does not have valid evidence to support 28 of its 36 revised behavioral indicators, has one source of valid evidence to support each of 7 indicators, and has 2 sources of valid evidence to support 1 indicator."
IT workers in other countries had access to secret Swedish records: report (The Local.se, link):
" Two secret police databases were made available to Czech IT workers without security clearance during a cyber security slip-up at the Swedish Transport Agency (Transportstyrelsen), reports the DN daily.
It emerged this week that Sweden's security police Säpo investigated Transportstyrelsen after key information was made available to IT workers in other countries who had not gone through the usual security clearance checks when the agency outsourced its IT maintenance to IBM in 2015."
UK: Girl, 5, fined £150 for running homemade lemonade stall (Guardian, link): "Father says girl was left in tears after council enforcement officer accused her of trading without licence."
Refugee crisis: latest news from across Europe (18-20.7.17) including: EU visa war against African "elite"; EU to restrict sale of rubber boats to Libya
ECHR: No rights violations caused by Belgian bans on covering face in public
The European Court of Human Rights recently handed down two judgments on Belgian bans on face coverings in public, targeted at those who were the full-face veil. In both cases - which concerned bans in three municipalities and a national ban - the Court found there was no breach of the rights to private and family life; freedom of thought, conscience and religion; or the prohibition on discrimination. In one of the cases, however, the Court did find a violation of the right to access a court.
The UK Granted Spy Tech Export to Turkey Amid Its Massive Crackdown on Dissent (Motherboard, link):
"Turkey has ordered over a hundred media outlets to close, jailed journalists, and most recently demanded the arrest of a senior Amnesty International employee.
The UK is a prolific exporter of surveillance technology, ranging from IMSI-catchers that can monitor mobile phones to internet mass surveillance equipment.
Now, according to newly published data from the UK's Department for International Trade, the country granted a license to export surveillance technology to Turkey earlier this year. That in itself may not be very surprisingthe UK has greenlit surveillance exports to Turkey in the pastbut the license comes at a time when Turkey is undergoing a particularly potent wave of crackdowns and oppression against dissent, including the incarceration of journalists and human rights defenders."
UK: Durham Police unveils bodycam intelligence database (Netpol, link):
"One of the UKs smallest police forces, Durham Police, is reportedly gathering video captured by officers body worn cameras to create a troublemakers database contravening national guidance that officers should not use the technology as an intelligence-gathering tool.
Body Worn Video cameras, or bodycams as they are more usually known, are now a global phenomenon. Most UK police forces use them routinely, as do forces in the US, Australia and Europe. Nor is it just the police that is using this technology: bodycams are routinely worn by bailiffs, security guards, even traffic wardens and council workers.
This is arguably one of the biggest single expansions of surveillance capacity since the introduction of CCTV, and one that is highly profitable for bodycam manufacturers such as Axon (formerly Taser International)."
UK: Official figures show biggest rise in crime in a decade (The Guardian, link):
"Police-recorded crime has risen by 10% across England and Wales the largest annual rise for a decade according to the Office of National Statistics.
The latest crime figures for the 12 months to March also show an 18% rise in violent crime, including a 20% surge in gun crime and knife crime. The official figures also show a 26% rise in the murder rate to 723 homicides.
The 10% rise in police recorded crime to nearly 5m offences include increases in burglary and vehicle theft suggesting that the long-term fall in these higher volume offences may be coming to an end."
POLAND: Street protests and EU warnings over attempt to bring judiciary under political control
The latest set of measures going through the Polish legislature that would undermine the independence of the judiciary and seperation of powers have led to protests across Poland and warnings from the EU that it will invoke the 'Article 7' procedure, which could ultimately see Polish voting rights in the Council suspended.
ITALY: Mafia Boss: The State is Me. (OCCRP, link:
"By sunrise, 116 alleged members of the Ndrangheta one of the worlds most powerful crime syndicates were under arrest, including the bosses of some of its most important clans.
Mandamento, a long-planned operation aimed at crushing one of the worlds most dangerous criminal groups, had ended with a big catch. It also helped investigators piece together, with more detail than ever before, how the group operates.
The Calabria-based Ndrangheta stretches its tentacles throughout Europe. Italian prosecutor Nicola Gratteri, who wrote an authoritative book on the cocaine trade, believes that the syndicate controls over 40 percent of the worlds market of the drug.
Experts say that in 2013, it made more money than Deutsche Bank and McDonald's put together, with a turnover of 53 billion (US$ 70.41 billion), mostly from drug trafficking.
The investigation that led to operation Mandamento - led by local anti-mafia prosecutors and the Carabinieri - went on for years. Detectives pieced together clues from dozens of previous anti-mafia operations and put them together like a jigsaw puzzle.
The picture still has a few missing parts. But it already reveals a state-like criminal structure that has developed here over centuries."
UK-JAMAICA: Inhumane deportation (The Gleaner, link) by Luke de Noronha:
"Just over a week ago, two reports were published in Britain that might interest the Jamaican readership. They both concerned mass-deportation charter flights from London to Kingston.
The first report was an annual review by the Independent Monitoring Board (IMB) regarding several charter flights from Britain in 2016 - to Albania, Pakistan, Nigeria, and Jamaica. I have met a few people who were on that charter flight to Jamaica in September 2016, and the majority of them left children behind in Britain. Theirs were stories of banishment from home, rather than a return to home. People had been away so long that they had few memories of the island, and no close family members to turn to. This is a familiar story.
What was significant about the report was the use of waist-restraint belts on the flight. Far more than any other nationality, Jamaicans were restrained in these belts, which act like straitjackets to prevent people moving their arms - often for hours at a time. On other chartered flights, only a few deportees are restrained in this way; it's the exception rather than the rule.
The second report, conducted by Her Majesty's Inspectorate of Prisons, covered the last deportation flight from the UK to Jamaica in March 2017. Again, the independent inspectors found that force was used far too often."
See the reports: Annual Report of the Independent Monitoring Boards Charter Flight Monitoring Team for the calenday year 2016 (pdf) and: HM Chief Inspector of Prisons: Detainees under escort: Inspection of escort and removals to Jamaica (pdf)
Teenage refugees in Greece are being labelled 'adults' if they have wisdom teeth (International Business Times, link):
"Children as young as 14 arriving on the Greek island of Lesbos are being identified as over-18s and forced to live with unrelated adults, without access to education and protective services, a shocking new report has revealed.
Greek authorities are quick to register teenagers as adults, without conducting a proper assessment, according to the Human Rights Watch report 'Lone Migrant Children Left Unprotected' published today.
If an assessment is carried out, it is often during a hasty visit to a dentist where any children whose wisdom teeth have come through are registered as adults. This was how 17-year-old Akash from Bangladesh ended up in the adult section of Moria refugee camp, where more than 3,000 people are living in "inexcusable" and "inhumane" conditions."
And see: Greece: Lone Migrant Children Left Unprotected (Human Rights Watch, link): "Unaccompanied migrant children on the Greek island of Lesbos are being incorrectly identified as adults and housed with unrelated adults, leaving them vulnerable to abuse and unable to access the specific care they need, Human Rights Watch said today."
USA: Silicon Valley mostly quiet in internet surveillance debate in Congress (Reuters, link):
"WASHINGTON (Reuters) - Facebook Inc (FB.O), Alphabet Inc's Google (GOOGL.O), Apple Inc (AAPL.O) and other major technology firms are largely absent from a debate over the renewal of a broad U.S. internet surveillance law, weakening prospects for privacy reforms that would further protect customer data, according to sources familiar with the matter.
While tech companies often lobby Washington on privacy issues, the major firms have been hesitant to enter a fray over a controversial portion of the Foreign Intelligence Surveillance Act (FISA), industry lobbyists, congressional aides and civil liberties advocates said.
Among their concerns is that doing so could jeopardize a trans-Atlantic data transfer pact [the 'Privacy Shield] underpinning billions of dollars in trade in digital services, the sources said."
Statewatch Analysis: The EU goes to war with African elite (pdf): by Tony Bunyan
EU to target African governments, officials and others with the threat to refuse or delay visas to enforce its returns and readmission policies
EU starts setting out the consequences of non-cooperation by agreeing Measures targeting the "elite" of third countries
See: Council of the European Union: "Link between return/readmission and visa policies" (RESTRICTED, EU doc no: 9097-REV-1-17)
Germany says EU aid to Turkey could be halted over arrests (euractiv, link):
"Germany raised the possibility on Wednesday (19 July) of suspending European Union aid payments to Turkey after summoning Ankaras ambassador to Berlin to protest over the arrest of six human rights activists including a German citizen."
UK: A Vanishing Breed? Walker v Innospec Ltd - The UK Supreme Court Disapplies a Statutory Provision on the Grounds of Incompatibility with EU Equality Law (EU Law Analysis, link):
"Last weeks decision of the UK Supreme Court (UKSC) in the same-sex pension rights case of Walker v Innospec Ltd  UKSC 47 generated plenty of excited commentary in the UK media.
This mainly focused on the UKSCs finding that it constitutes direct discrimination on the basis of sexual orientation and thus a breach of EU law - for the rules of a employers contributory benefit scheme to deny payment of a spouses pension to a surviving member of a same-sex married couple, in circumstances where such a pension would be paid to the surviving member of an opposite-sex married couple."
USA: No One Should Have to Guess Meaning of Surveillance Laws - Court Hearing Highlights Problem of Secret Justice Department Opinions (HRW, link):
"The US government may be entitled to keep many of the specific details of its intelligence surveillance operations secret, but should it be able to invade your privacy, hinder your free expression, and jeopardize your fair-trial rights on the basis of secret laws and legal interpretations?
Under international human rights law, the answer is a resounding no and a lawsuit heard by a federal court in Washington, DC earlier this week may help to advance this principle under US law."
UK-EU-BREXIT: House of Lords Select Committee report: Brexit: the EU data protection package (pdf):
"The Government has said that it wants to maintain unhindered and uninterrupted data flows with the EU post-Brexit. The Governments White Paper on The United Kingdoms exit from and new partnership with the European Union, says, for example, that the UK will seek to maintain the stability of data transfers between the EU, Member States and the UK.
We support this objective, but were struck by the lack of detail on how the Government plans to deliver this outcome. Our analysis suggests that the stakes are high, not least because any post-Brexit arrangement that results in greater friction around data transfers between the UK and the EU could present a non-tariff trade barrier, putting the UK at a competitive disadvantage. Any impediments to data flows post-Brexit could also hinder police and security cooperation." [emphasis added]
Court of Justice of the European Union (CJEU): The Commission cannot refuse access to written submissions of the Member States held by it, on the sole ground that they are documents relating to court proceedings (Press release, pdf):
"The Court of Justice confirms the judgment of the General Court holding that the decision on such an application for access must be made on the basis of the regulation concerning public access to documents held by the European Parliament, the Council and the Commission."
Patrick Breyer writes:
"The European Court of Justice (ECJ) in Luxembourg today ruled in favour of the German civil liberties activist and pirate party member Patrick Breyer (Commission vs. Breyer, C-213/15 P): It ordered the Commission to give the press and the public access to the pleadings exchanged in completed court proceedings. In the present case Breyer successfully demanded the Commission disclose Austrian pleadings concerning the non-transposition of the controversial EU Data Retention Directive. However the Court fined Breyer for publishing the written submissions in his own case on his homepage....
Todays ruling confirms that the EU's judicial system is lacking transparency and in urgent need of reform, comments Breyer. Since EU judges appear to consider transparency in pending proceedings a threat, the EU needs to revise the Court rules in accordance with those applicable to the European Court of Human Rights. Indifferently prohibiting parties from publishing pleadings &SHY; including their oown &SHY; is inacceptable and endangers the freedom of the press."
See: Judgment: full text (pdf)
Database on European extremists: How is the plan pursued since 2001 supposed to function? (link):
"After each major summit protest, there are calls for a European troublemakers database to be established. Centralised data storage at EU level or decentralised networking of national systems would be conceivable options. For a number of reasons, it has not been possible to set up a database of this kind since the turn of the millennium. The governing coalition in Germany has now announced a new initiative to this end following the G20 Summit in Hamburg."
And see:Protests in the EU: Troublemakers and travelling violent offenders [undefined] to be recorded on database and targeted (Statewatch Analysis) and List of sources
Armed Drones in Italy and Europe: Problems and Perspectives - Between military strategy, transparency issues and protection of fundamental human rights with international experts in activists on 25 September 2017 at the University of Milan.
The conference is organized by Rete Italiana per il Disarmo, Coalizione Italiana Libertà e Diritti civili (CILD) and the European Center for Constitutional and Human Rights (ECCHR).
See: Poster (Pdf)
USA: CIA Plans to Destroy Some of Its Old Leak Files (Daily Beast, link):
"The National Archives has tentatively approved a proposal to let the agency get rid of files that dont have historical value. Historians fear theres a lot of room for error."
EU research policy for peace, people and planet: A Civil Society perspective on the next EU Research Framework Programme (FP9) (pdf):
"The research that is prioritised and funded today will have a decisive impact on the future of our societies and our planet.
Our societies face immense environmental, social and economic challenges, as exemplified by the ambitious Sustainable Development Goals (SDGs) 2030 agenda.
It is certainly no time for business as usual, and radical change is needed for the European Union (EU) to address these challenges, such as climate change, food security, antimicrobial resistance, decent jobs for all, rising inequalities, and to mainstream the SDGs into the research agenda of the EU."
See also: Report by the European Parliament Committee on Industry, Research and Energy (ITRE) adopted 13 June 2017: Assessment of Horizon 2020 implementation in view of its interim evaluation and the Framework Programme 9 proposal (pdf) including: "Calls on the Commission to separate defence research from civil research in the next MFF, providing two different programmes with two separate budgets that do not affect the budgetary ambitions of civilian research of FP9; calls on the Commission, therefore, to present to Parliament the possible ways for financing the future defence research programme in accordance with the Treaties, with a dedicated budget with fresh resources and specific rules; highlights the importance of parliamentary oversight in this respect"
EU: Frontex cooperation with non-EU states: information from the agency
A November 2016 letter from Frontex provides an overview of the agency's cooperation with third states in the fields of risk analysis, return, research and innovation and joint operations. The information was provided in response to a parliamentary question from Sabine Lösing and Cornelia Ernst, two German MEPs from the GUE/NGL left group in the European Parliament.
UK: Neglect contributed to Liverpool prisoner's suicide, jury finds (The Guardian, link):
"An inquest jury has found that neglect contributed to the death of a prisoner who killed himself at Liverpool prison last year.
The jurys findings mirrored another inquest verdict on a death at the Merseyside jail last year. Six prisoners at Liverpool have taken their own lives in the last two years.
Edwin Ned Lewis ODonnell, 26, was found hanging in his cell in the segregation unit at Liverpool on 23 October last year.
Last Friday, the jury at Liverpool coroners court found that his death was accidental, contributed to by neglect."
GREECE: Serious gaps in the care of refugees in Greek hotspots; Vulnerability assessment system is breaking down (Refugee Support Aegean, link):
"Following the departure of Non-governmental organisations (NGOs), medical and social services have seriously been minimised in the Registration and Identification Centres (RIC), the so-called hotspots of the Aegean. Ever since the needs of refugees are not being covered effectively. Huge gaps have been observed concerning psychological aid, and this in a period where the mental health of refugees is deteriorating severely due to being stuck and under constant threat to be readmitted to Turkey. At the same time, the system of vulnerability assessment seems to be breaking down. It is not known, how far the state agencies who are planned in to take this job over, will be able to replace the work the NGOs had provided until recently.
The working contracts most of the NGOs had signed with the Ministry of Migration Policy ended end of May. As a result the staff left the RIC and dozens of people lost their jobs. More than that, a huge service gap emerged all of a sudden. Until recently those NGOs had been tasked with a large part of the medical and social services, which are among the responsibilities of the Reception and Identification Service."
And see: EU to scale back Greek asylum aid (EUobserver, link)
IRELAND: Regulator and CSO in stand-off over mobile data (Irish Times, link):
"An extraordinary stand-off has emerged between the States official statistics body and the data protection watchdog over a plan by the Central Statistics Office (CSO) to force mobile phone network providers to hand over roaming data about tourists and Irish residents travelling abroad.
Communications between the Data Protection Commissioner (DPC) and the statistics office over a period of almost nine years up to late last year reveal the statistics body wanted to compel mobile operators to transfer to it on an ongoing basis the details of phones or users roaming on the networks, as well as the dates and times of their calls.
The commissioner objected on the grounds there was no legal basis to allow the CSO obtain such data and on the grounds it would be a serious interference with peoples privacy rights.
The statistics office first wrote to former commissioner Billy Hawkes in 2008 to say the data on international mobile phone roaming usage may significantly enhance our statistics on tourism and international travel."
EU: Counter-terrorism recommendations from 2006 declassified
The Council of the EU has published two declassified versions of a 2006 paper containing a host of recommendations on counter-terrorism policy, covering Islamist extremism in prisons, an assessment of "returning jihadis" on radicalisation and recruitment in Europe, terrorist movments and travel patterns, "what deters terrorists?", and the "terrorist threat to rail and underground systems." The recommendations were drawn up by officials in the Council with a view to including them in the EU's Counter-Terrorism Action Plan, at that time in its infancy.
INTERPOL to highlight need for military to police terrorism data flow at Global Coalition meeting (INTERPOL, link):
"LYON, France Ahead of a meeting of the Global Coalition to Defeat ISIS, INTERPOL has underlined the need for military success against the group to be translated into actionable intelligence for police around the world.
With mounting pressure on former ISIS strongholds likely to result in increased numbers of battle-hardened terrorists returning home, fleeing to neighbouring countries, or joining other conflicts, it is vital that critical information left by retreating fighters and recovered by Global Coalition forces is quickly shared with the global law enforcement community through a secure multilateral platform.
Details of more than 18,000 Foreign Terrorist Fighters (FTFs) have now been shared via INTERPOLs global network with an increasing amount being sourced from the conflict zones. Biometric data such as photos, fingerprints and DNA profiles have already led to the positive identification of terrorists around the world, including via facial recognition."
Italys Smuggling Prosecutions Ruin Lives While Real Criminals Go Free (Refugees Deeply, link):
"This improvised captain a migrant just like everyone else aboard had no idea what to do. The overloaded dinghy started spinning uncontrollably and taking on water. Yusuf stepped in and found himself at the helm until the dinghy was found by the Italian coastguard nearly two days after setting sail.
Upon disembarking, Yusuf was identified by fellow passengers as one of the scafisti, the Italian term for smugglers who pilot boats, and was arrested.
Between August 2015 and the end of July 2016, a total of 793 scafisti were arrested, according to Italys interior ministry. This is on top of the 1,511 arrested since 2013. Arresting migrant pilots has been central to the approach of the Italian government, with then prime minister Matteo Renzi boasting on Twitter in April 2015: We have arrested 976 scafisti and rescued thousands of people.
While Italys popular press paints them as ruthless criminals, the reality of the scafisti is more nuanced. Stories like that of Yusuf are common."
Polish TV denounces pro-democracy 'putsch' (EUobserver, link):
"Demonstrators in Polish cities have raised an outcry over judicial reforms amid a toxic media campaign.
The largest protests were in Warsaw, where 10,000 people, according to city authorities, assembled outside parliament and outside the supreme court on Sunday (16 July).
Thousands of people also assembled in other Polish cities, including Katowice, Krakow, Opole, Poznan, Szczecin, Torun, and Wroclaw.
People lit candles around court buildings in what they called a Chain of Light. They also carried signs and chanted slogans which accused the ruling party, Law and Justice (PiS), and its leader, Jaroslaw Kaczynski, of turning Poland into a dictatorship.
The demonstrations came after PiS extended its control over Polands judiciary by passing two reform bills in the senate on Friday."
See also: Very, very dangerous: Thousands protest proposed Supreme Court changes in Poland, fearing creep toward one-party rule (Krakow Post, link): "[The bill] would allow MPs and the the Minister of Justice to appoint judges, bypassing the consultation of judicial circles. The bill would also give the judiciary council, a body which will have almost all of its members chosen by parliament, the power to choose future appointees."
Neuromarketing in the Age of iPhones (Epoch Times, link):
"Marketers are hoping to capitalize on biometric data that can reveal feelings we may not even know we haveor would rather not share.
The field of neuromarketing could be on the verge of a breakthrough with the latest smartphones and wearable tech. In the past, neuromarketers operated on the fringes of credibility, but that could change, along with the ethical issues the technology raises."
UK-EU: Brexit: European Commission publishes Position Papers: Justice and Home Affairs
The Commission has published three Position papers on the effect of the UK's withdrawal from the EU - whether or not these will be replaced later is not known at this stage of the negotiations:
Position paper on Ongoing Police and Judicial Cooperation in Criminal matters (12 July 2017, pdf):
"The following general principles should apply in accordance with Union law, as interpreted by the Court of Justice of the European Union on the date of entry into force of the Withdrawal Agreement."
Thirteen measures including: European Arrest Warrant, European investigation order, ECRIS and Passenger name records.
Position paper on Ongoing Union Judicial and Administrative Procedures (12 July 2017, pdf):
"The Withdrawal Agreement should provide for arrangements relating to proceedings before the Court of Justice involving the United Kingdom, and/or United Kingdom residents/legal persons (I(1)), and administrative procedures before Union institutions, bodies, offices and agencies concerning the United Kingdom, and/or United Kingdom residents/legal persons (II(1)), which are ongoing on the withdrawal date, as well as for arrangements relating to judicial proceedings and administrative procedures initiated after the withdrawal date and relating to facts that occurred before the withdrawal date (I(2); II(2))." A Footnote says:
"The arrangements dealt with in this paper are without prejudice to the possibility, e.g., for the Court of Justice to consider, on a case by case basis, that a preliminary question addressed to it by a court in the United Kingdom can no longer be adjudicated by the Court of Justice for lack of substantive Union law applicable to the case after the United Kingdom's withdrawal."
Position paper transmitted to EU27 on Ongoing Police and Judicial Cooperation in Criminal matters (28 June 2017, pdf) Covers:
"General Data Protection Regulation (EU) 2016/679;
- Directive (EU) 2016/680;
- Sectorial Union legislation in the area of police and judicial cooperation in criminal matters.
- Classified information."
UK: Draft Technical Capability Regulations notified to European Commission following targeted consultation (gov.uk link):
"Regulations to help make companies maintain the technical capability to respond to warrants and authorisations from law enforcement.
The Home Office has notified the European Commission of regulations to help make companies maintain the technical capability to respond to warrants and authorisations from law enforcement, security and intelligence agencies."
Refugee crisis: latest news from across Europe (13-14.7.17)
UK: Government criticised for refusing to publish report into funding of extremist groups
The UK government has been criticised for refusing to publish a Home Office report on "the nature, scale and origin of the funding of Islamist extremist activity in the UK, including any overseas sources."
Amber Rudd, the Home Secretary, said in a written statement to parliament that the report would not be published "because of the volume of personal information it contains and for national security reasons."
Certain MPs - members of the Privcy Council, an archaic government body - will be able to view the report in private, but will not be allowed to discuss what they have learnt in public.
EU remains silent as Polands government assaults top court (euractiv, link):
"The EU remained silent on Thursday (13 July) despite being pressed by journalists to say something following the news that Polands far-right government tabled a bill in parliament that would subordinate the countrys Supreme Court to executive power."
And see: Poland 'leaving EU community of values' (euobserver, link):
"Leading MEPs and legal watchdogs have raised the alarm on Polish judicial reforms, but the European Commission declined to speak out so far.
Manfred Weber, the German head of the centre-right EPP group, the largest in the European Parliament, said on Thursday (13 July) that EU states and the Commission ought to take measures against the Polish government. "
Interpol Rejects Azerbaijani Request for Arrest Warrant Against European Parliamentarian (Armenia Weekly, link):
"International police cooperation agency Interpol has rejected a request for an international arrest warrant to be served on a Czech Member of the European Parliament (MEP), reported Prague based Czech Radio.
Interpol refused the request for the arrest of MEP Jaromir tetina following an appeal from authorities in Azerbaijan. The request was done following a visit by the MEP to Artsakh in February, during which tetina denounced Azerbaijani authorities."
Europol chief defends EU counterterrorism efforts as battle-hardened Islamic State fighters return (Washington TImes, link):
"Europes top intelligence and counterterrorism officials are bracing for a surge of battle-hardened Islamic State foreign fighters returning home to the continent as the jihadi group loses its territorial base in the Middle East, the head of the European Unions main law enforcement agency says."
AAR DOSSIER / Dragnet surveillance for secret services (Bits of Freedom, link):
"Late last night the Dutch Senate passed the bill for the new Intelligence and Security Services Act. With the Senates vote, a years-long political battle has come to an end: the secret services have been afforded dragnet surveillance powers....
Were beyond disappointed that a bill has been passed that faced such overwhelming opposition from experts, civil society and citizens alike. Traditionally, Senate concerns itself with the quality of legislation, compliance with the constitution and international agreements, and the question whether citizens' rights are upheld. The dragnet surveillance bill fails on all counts."
UK-BREXIT: Repeal Bill: Summary "factsheet" are here (link)
- Full-text of the Repeal Bill (pdf)
- Explanatory Notes: EU withdrawal Bill (68 pages, pdf)
- Note on delegated powers (pdf)
See: Small print of repeal bill creates unprecedented new powers for Brexit ministers (Politics.co.uk, link):
"On the face of it, the repeal bill addresses many of the concerns of its critics. But once you dig in a little further, the full scale of the executive power grab becomes clear. There has never been a piece of legislation like this in modern British history. We have never handed the government so much power. "
And: The White Paper on the Great Repeal Bill: Invasion of the Parliamentary Control Snatchers (EU Law Analysis, link)
European Commission: Infringement proceeding: Hungary & Spain
- Hungary: Commission launches infringement procedure for law on foreign-funded NGOs (pdf):
"Infringements - Today, the European Commission decided to send a letter of formal notice to Hungary for its new law on foreign-funded NGOs adopted on 13 June.
The Hungarian law introduces new obligations for certain categories of NGOs receiving annual foreign funding above HUF7.2 million (approx. 24,000) to register and label themselves in all their publications, websites and press material as "organisations supported from abroad", and to report specific information about the funding they receive from abroad to the Hungarian authorities. These organisations face sanctions if they fail to comply with the new reporting and transparency obligations."
- Commission refers SPAIN to the Court of Justice of the EU for failure to implement EU rules on whistle-blowers (pdf):
"This Directive is part of the Market Abuse rulebook and requires Member States to establish effective mechanisms to enable
the reporting of infringements of the Market Abuse Regulation. It contains provisions to protect those who report such infringements and further specifies procedures to protect whistle-blowers and reported persons, including follow-up arrangements on reports by whistle-blowers and protection of personal data."
See also: Proposed law on whistleblowing and corruption is "perverse, megalomaniacal and authoritarian" (Statewatch News)
BREXIT: Ongoing Union judicial and administrative proceedings Position paper (pdf):
"Leaving the EU will end the jurisdiction of the Court of Justice of the European Union (CJEU) in the UK."
UK: SURVEILLANCE: Final Report DATA-PSST (pdf):
- Transparency has two important dimensions: (a) degree of citizen control over how visible they are; and (b) degree of oversight of the surveillant entity.
- Post-Snowden, we have moved towards a transparency arrangement of radical translucency. This is where (a) people have no personal control over their own personal visibility because they have signed this away for the greater good, but the surveillant organisation helps secure peoples privacy by adding opacity; and (b) public processes are maximally opened up for inspection...".
Statewatch contributed to this project.
European Parlliament: Smart Borders Entry/Exit System is unproven, expensive and violates right to privacy (GUE/NGL, link):
"The European Parliament's LIBE Committee today adopted the first part of the so-called Smart Borders Package; the Entry/Exit System (EES).
"The Entry/Exit System text that was voted on today is the result of negotiations with the European Council. It is complex, costly and dangerous to fundamental rights and freedoms. It conflates irregular immigration, border security and the fight against terrorism, and it's effectiveness has not been proven. This is particularly worrying, considering the huge sums of money that would be invested in it."
"In this text, the European Parliament has retreated on many of its initial positions, notably on the right to respect for privacy and data protection. All biometric and alphanumeric data recorded in the EES will be accessible to the member states, including their immigration authorities, law enforcement authorities and intelligence services.
"Even worse, it allows data sharing and cooperation with third countries without specifying the purposes for this.
"The EES therefore institutionalises the registration of personal details of all third-country nationals on a mass scale in violation of their fundamental rights. This is a big brother-style policy and it would set a dangerous precedent," warns the French MEP."
Refugee crisis: latest news from across Europe (8-12.7.17) including: Italian code of conduct for NGO search and rescue ops; Operation Sophia is "a failed mission"
EU completes ratification of Association Agreement with Ukraine
The EU has taken the final step in ratifying its Association Agreement with Ukraine with the adoption on 11 July of a decision to conlude the Agreement, allowing full implementation of the agreement from 1 September 2017 and giving "a new impetus to the cooperation in areas such as foreign and security policy, justice, freedom and security (including migration) taxation, public finance management, science and technology, education and information society."
UK: New criminal tagging system scaled back after ministry failings (The Guardian, link):
"A new tagging system to monitor criminals has been dramatically scaled back and is running at least five years behind schedule after a series of expensive failings by the Ministry of Justice, the governments spending watchdog has found.
The National Audit Office (NAO) discovered that as attempts to develop bespoke technology failed, civil servants turned to G4S for a new tagging contract even though the outsourcing firm is under investigation by the Serious Fraud Office.
A report released on Wednesday describes a chaotic picture of the departments handling of the project, launched six years ago under the then justice minister Ken Clarke, and supposed to be a cheaper and efficient alternative to prison."
See the full report: The new generation electronic monitoring programme (pdf), summary (pdf) and the NAO press release: The new generation electronic monitoring programme (link)
UK: Met police spy faces disciplinary over relationship with activist (The Guardian, link):
"A police spy who deceived an environmental activist into forming a long-term relationship with him is facing disciplinary proceedings initiated by Scotland Yard.
Jim Boyling, a serving Metropolitan police officer, will appear before the disciplinary panel six years after he was unmasked as an undercover spy when the activist revealed details of their relationship to the Guardian. The activist wishes to remain anonymous and is known as Laura.
The Met has apologised unreservedly to Laura and six other women after admitting they had been deceived by undercover officers into having intimate relationships that were abusive, deceitful or manipulative. The Met paid substantial compensation to Laura and the other women after a long legal battle."
SPAIN: Over 60 detainees in Barcelona migrant detention centre on hunger strike
On Monday night 52 detainees in Barcelona's migrant detention centre (CIE, Centro de Internamiento de Extranjeros) began a hunger strike. On Tuesday morning another 11 detainees from a variety of countries joined the 52, who are said to be from countries in sub-Saharan Africa. The detainees are in "different administrative situations", although the hunger strike was started to protest against the impending deportation that many of them are facing.
UK: South Wales Police in the UK uses NEC facial recognition system (Biometric Update, link):
"NEC has provided a facial recognition system for South Wales Police in the UK through NEC Europe Ltd., which uses the companys flagship facial recognition software platform NeoFace Watch.
The software is used for real-time CCTV surveillance, as well as still image and recorded video face search, which acts as a security measure in crowded locations, such as airports and stadiums.
The police force has deployed NeoFace Watch using CCTV cameras installed on several police vehicles. It is using the softwares real-time surveillance capability to locate persons of interest on pre-determined watchlists, including criminals, suspects, vulnerable individuals and missing persons." (emphasis added)
USA: Does the Militarization of Police Lead to More People Killed? Research Says Yes (Truthout, link):
"Scenes of heavily armed police forces are becoming more common across the country. New research from Ryan Welch, Jack Mewhirter, Casey Delehanty and Jason Wilks finds that this militarization results in more individuals killed each year by law enforcement. The study found that twice as many people are more likely to die in counties that receive an influx in military equipment. Additional research conducted in 2016 also found that police are more likely to be attacked when they are militarized, which raises the question of how beneficial it is to pad police forces with military-grade weaponry."
See: Militarization and police violence: The case of the 1033 program (SAGE, link) and: The Case Against Police Militarization (pdf) by Eliav Liebnich and Adam Shinar:
"this Article develops the first comprehensive and principled argument against police militarization that is not strictly instrumental. Contrary to argument that are preoccupied with the consequences of militarization, we argue that militarization undermines our basic understanding of the nature of the liberal state."
IRELAND: Revealed: The Department of Justice 'shopping list' includes new HQ, helicopters and garda station (Irish Independent, link):
"The Department of Justice 'shopping list' for gardaí includes requests for funding for major projects like a new headquarters for key units, the reopening of a Dublin station and new helicopters.
Additional funding needed for gardaí and wider justice sector has been set out in a briefing prepared for new Justice Minister Charlie Flanagan.
Officials have sent details of extra funding requirements between 2018 and 2021 to the Department of Public Expenditure, which is in the process of preparing its mid-term capital plan review."
EU: UK parliamentary report: "failed" Operation Sophia has caused more deaths, EU should "combat irregular migration" in southern Libya
A UK parliamentary committee has said in a new report that it sees "little reason to renew the mandate of Operation Sophia", the EU's anti-migrant smuggling mission in the Mediterranean, when it comes up for renewal at the end of July.
According to the report by the House of Lords European Union Committee, the operation "has not in any meaningful way deterred the flow of migrants, disrupted the smugglers networks, or impeded the business of people smuggling on the central Mediterranean route," while an "unintended consequence" of the mission "has been that the smugglers have adapted, sending migrants to sea in unseaworthy vessels, leading to an increase in deaths."
UK: Was my friend a spycop? publication now out (Undercover Research Group, link):
"A guide to the dos and donts of investigating if a comrade was an undercover police officer is released today,
In this 24 page booklet, we have brought together all the lessons we have learned to help you do your own investigation.
It covers how to start investigating and the sorts of questions that need answering. Equally importantly, we discuss how to support each other or deal with situations which are inconclusive. It takes you through the process step by step, so even if you have already started your own investigation there is help with what to do once you have come to a conclusion."
Italian uproar over fascist-themed beach near Venice (BBC News, link):
"When a national newspaper revealed that a beach near Venice was styling itself on the fascist era of Benito Mussolini, police quickly raided the club.
One sign said "Anti-democratic zone and regime" while another appeared to joke about the Nazi Holocaust, reading "Entry forbidden - gas chamber".
The Venice prefect ordered "any references to fascism" to be removed.
But now the row has spread to parliament, over a bill to tighten up laws against promoting fascism."
USA: PREDICTIVE POLICING: The Ex-Cop at the Center of Controversy Over Crime Prediction Tech (Bloomberg, link):
"Goldsteins company does make one unusual promise, which it thinks can satisfy skeptics in law enforcement and civil rights circles simultaneously. Other companies that make predictive software for criminal justice settings keep their algorithms secret for competitive reasons. In March, CivicScape published its code on GitHub, a website where computer programmers post and critique one anothers work. It was an unprecedented move, and it caused an immediate stir among people who follow the cop tech industry. Theyre doing all the things Ive been screaming about for years, said Andrew Ferguson, a professor at the University of the District of Columbias law school and author of the forthcoming book, The Rise of Big Data Policing.
Posting computer code online wont erase the worries about predictive policing. There are still concerns about how CivicScape responds to perceived shortcomings, and theres also the big question of what police departments do with the intelligence it produces. But more than any other company, CivicScape has turned itself into a test case for what it means for law enforcement to use artificial intelligence in a way thats transparent and accountableand whether that's even possible."
And see: FAQs on Predictive Policing and Bias (Human Rights Data Analysis Group, link)
EU: Open NGO Letter to EU Member States and Institutions Regarding the Export of Surveillance Equipment (Access Now, link):
"Following the alarming evidence that EU-made electronic surveillance equipment is still being exported to authoritarian countries around the world, we strongly urge all EU member states and institutions to respect their human rights obligations and call on them to prioritise long overdue EU reforms.
We are extremely concerned that little has changed since civil society first recognised the need to modernise current EU rules governing the export of surveillance equipment as far back as 2011 during the Arab Awakening. As the European Commission has since proposed reforms to the current system specifically aimed to prevent human rights violations associated with certain cyber-surveillance technologies, we urge member states to refrain from any further delays in the process and to ensure that states throughout the European Union prevent surveillance exports that pose risks to human rights."
See: Open Letter (pdf)
UK: Bristol police officer to be charged after man shot with Taser weapon (The Guardian, link):
"A police officer is to be charged with assault after one of her forces race relations advisers was allegedly shot with a Taser electronic weapon.
PC Claire Boddie, 47, has been summonsed to appear before magistrates following an incident in which 63-year-old Judah Adunbi was stopped outside his home in Bristol.
The Independent Police Complaints Commission (IPCC) investigated and sent a file to the Crown Prosecution Service (CPS), which decided there was sufficient evidence to charge the officer."
See: Judah Adunbi 'welcomes' decision to charge police officer who Tasered him as suspension calls grow (Bristol Post, link): "A race relations advisor Tasered in the face by a police officer said he welcomed a decision to prosecute the officer on an assault charge. It came as calls grew for the two PCs involved in a confrontation with Judah Adunbi in Bristol to be suspended.
Mr Adunbi, speaking via the Justice for Judah campaign, which was launched following the incident in January, said he "keenly awaits the verdict" of a court case, which will begin next month."
SPECIAL: EU: Italy's proposed code of conduct for Mediterranean NGOs "threatens life-saving operations"
The European Commission asked Italy to draw up a "Code of Conduct" for NGOs carrying out search and rescue in the Mediterranean: See full-text of: Code of Conduct for NGOs involved in migrant's rescue operation at sea (pdf). The organisation Human Rights at Sea has said the proposed code "threatens life-saving search and rescue operations".
All NGOs operating in the Med are required to sign and obey the Code: "Failure to sign this Code of Conduct or failure to comply with its obligations may result in the refusal by the Italian State to authorize the access to national ports, subject to compliance with the existing international conventions."
Italys New Law on Torture Fails to Meet International Standards (HRW, link):
"After 28 years of failure, Italy has finally made torture a crime. But theres little to celebrate.
The compromise text, finally approved on July 5 by the Chamber of Deputies after four years of tough negotiations, falls short of the bar set by European and international bodies of which Italy is a member and fails to meet international law standards.
The flaws rest with how the law defines the scope of the crime and the statute of limitations."
Germany asks for EU help following Hamburg G20 protests (DW, link)
"Germany has asked EU members to help trace demonstrators who vandalized property or attacked police at the Hamburg G20 summit. More than 50 suspects from seven countries are currently being detained."
See also: Politicians want EU-wide "extremist" database after arrests, injuries, protests and riots at "dystopian" Hamburg G20 summit
EU: Migration only factor bumping up EU population (euractiv, link):
"The European Unions population increased last year, despite the same number of births and deaths being recorded. Eurostat, the EUs statistics office, said the bump was driven by migration.
On World Population Day (11 July), it can be revealed that the EUs population increased from 510.3 million on 1 January 2016 to 511.8 million on 1 January 2017. Eurostat said that in 2016 the same amount of births and deaths were recorded (5.1 million), meaning the 28-country blocs natural population change was in fact neutral.
That means the positive population change of 1.5 million was driven largely by an increase in net migration."
EU The impact on fundamental rights of the proposed Regulation on the European Travel Information and Authorisation System (ETIAS) (FRA, link):
"The European Parliament requested this FRA Opinion on the fundamental rights and personal data protection implications of the proposed Regulation for the creation of a European Travel Information and Authorisation System (ETIAS), including an assessment of the fundamental rights aspects of the access by law enforcement authorities and Europol."
See: Opinion (pdf, link)
EU: Data retention discussions continue at informal JHA Council meeting
"In a format of joint session between the Ministers of Justice and Home affairs, the issue of data retention was discussed. The ministers exchanged views on possible options for data retention for the purpose of prevention and prosecution of crime, underlining that this does not concern the content of the messages.
Communications metadata is a very important element in fight against serious crime, for example to help discover links between possible criminals and locate the victims of crime, minister Reinsalu said.
Estonia has always considered data retention an important element in fight against serious crime. During the presidency, Estonia will continue the good work of the Maltese and will be looking into different options for addressing the current situation of legal uncertainty, said Mr. Reinsalu."
See: Press release, informal meeting of justice and home affairs ministers, 7 July 2017: At the informal meeting of EU justice ministers the future of e-Justice was set (pdf)
EU: An attack from outer space? These brokers of fear have just what you need (De Correspondent, link):
"The EU is playing an increasing role in public security. But a great deal of policy focuses not on understanding the dangers we face, but on boosting the security industry itself. Marijn Hoijtink has spent years researching the issue. This is what she found."
HUNGARY: Whats the new Fidesz game plan? (Hungarian Spectrum, link):
"Viktor Orbán himself talked about the hot summer and even hotter fall that awaits us. He predicted that George Soros will do his best to have a new government in Hungary that will take down the fence and open the borders to illegal immigrants. 444 might find all this sheer madness, but one cant help thinking that we are faced here with a centrally manipulated propaganda campaign and that behind it the government may actually be preparing to create a situation that would require police intervention. That would give the government an opportunity for a major crackdown, possible martial law, and perhaps the large-scale jailing of activists and opposition politicians."
UK: 25% increase in police use of tasers against children
The number of times police officers used taser electroshock weapons against children increased by 25% across the UK in 2016 compared to 2015, with 597 deployments as compared to 476 in the previous year. Police are being equipped with an increasing number of more powerful tasers following recent approvals by the Home Office and ongoing police policy towards deployment of the weapons.
GERMANY: Politicians want EU-wide "extremist" database after arrests, injuries, protests and riots at "dystopian" Hamburg G20 summit
The G20 summit in Hamburg, which was accompanied by "dystopian" security measures including the deployment of Predator drones, robots in the sewers, heavily militarised police and 'no-protest zones', finished on Saturday following days of mass protests that continued over the weekend. Dozens of protesters were injured and hundreds arrested - although there are no official figures on how many exactly - while numbers offered for the number of police officers injured range from 200 to 500. The German justice minister, Heiko Maas, is now leading calls for a "Europe-wide extremist database" - which sounds similar to previous calls for EU-wide databases on "troublemakers".
UK: Children blighted by care home criminalisation (Police Professional, link):
"Policing must understand the rejection felt by looked-after children to prevent unruly behaviour turning into a criminal record.
Figures from the Howard League for Penal Reform show young people aged 16-17 in childrens homes are 15 times more likely to be criminalised than others of the same age.
Launching a two-year campaign, the charity has claimed opportunities are being missed to help young people because care home workers are too quick to call the police over their behaviour.
It believes police officers and childrens home workers need to learn more about how a sense of rejection can lead to young people being criminalised."
And see: Programme to end the criminalisation of children in residential care (The Howard League, link)
A crisis of definition, re-humanising the refugee (Media Diversified, link) by Olivia Woldemikael:
"The label of refugee is deceptiveit often hides more about a person than it reveals. In particular, when we refer to the 21 million refugees or the refugee crisis, we inadvertently strip people of their individuality and reduce their diverse lived experiences to the single narrative of displacement. Refugees, as a whole, have been so dehumanised that it is palatable to enclose them in congested camps and detention centres, to deny them access to education and opportunities to work, and to want to keep them out of our countries like a plague. Nothing has made this clearer to me than a meeting with one African refugee, in particular."
UK: Asylum seekers forced into homelessness by paperwork delays, study finds (The Guardian, link)
"The government has been accused of routinely denying support to asylum seekers, leaving them homeless and unable to feed their families, following analysis of more than 300 recent cases.
Research conducted by Refugee Action found that the Home Office was missing its own deadlines for finding emergency accommodation for homeless and destitute asylum seekers, and in some cases wrongly refusing those who make claims for emergency assistance.
In one case, it took more than 10 months to make a decision on whether to grant an applicant asylum support so long that the person had already received refugee status."
See: Slipping through the cracks: how Britain's asylum support system fails the most vulnerable (Refugee Action, pdf)
USA: Banks Deploy AI to Cut Off Terrorists Funding (Wired, link):
"Ever since the Bank Secrecy Act of 1970, banks have been required to assist government agencies in detecting money laundering. Software has helped automate that process somewhat. Yet, the process is beset by false positives, in which the system flags behavior that is not actually criminal. A recent Dow Jones survey of more than 800 anti-money laundering professionals found that nearly half of them said false positive alerts hurt their confidence in the accuracy of the screening process.
Still, to comply with governments, banks invest billions of dollars in these systems every year. Thats billions investeda lot of humans investigating the flags a legacy system will generate, and a large majority of those turn out not to be financial crimes," says David McLaughlin, who founded QuantaVerse in 2014. "Meanwhile, the real financial crimes are going unnoticed.""
Interpol's global criminal database and my face (Financial Review, link):
"Good God, I needed a drink.
I was wandering around the booths at the Interpol World cybersecurity conference in Singapore last week, feeling curious and uneasy, when I noticed a high-definition photograph of my own sweaty face broadcast high on one of the hundreds of screens.
It had been captured as I climbed the crowded escalators outside the conference centre. I was half-looking down at my phone, oblivious to the camera, and underneath the picture was some helpful information. Ethnicity: caucasian. Gender: female. Hair: brown. Height: 170-180cm. Glasses: no. Smile: no."
EU-USA Justice and Home Affairs meeting
Migration, counter-terrorism and transnational crime - Awaiting CJEU opinion on PNR Canada scheduled for 26 July
The first "meeting with the new US Administration at ministerial level": Outcome of the EU US Justice and Home Affairs Ministerial Meeting,Valletta, 15-16 June 2017 (LIMITE doc no: 10483-17, pdf):
UK: This Woman Always Thought She Was British. Now, After 30 Years, The Home Office Says Shes Not (Buzzfeed, link):
"Five generations of Cynsha Bests family are British, but she was detained by the Home Office after trying to register a marriage. Now she's scared of being deported."
Refugee crisis: latest news from across Europe (6-7.7.17)
War and violence drive 80% of people fleeing to Europe by sea, not economics (Guardian, link):
"Report challenges economic migrant myth, revealing that most of those making perilous sea crossing were forced from their homes by persecution and fear.
The vast majority of people arriving in Europe by sea are fleeing persecution, war and famine, while less than a fifth are economic migrants, a report published on Friday reveals.
More than 80% of an estimated 1,008,616 arrivals in 2015 came from refugee-producing countries including Syria, Afghanistan and Iraq, and a quarter of that number were children.
Researchers say the findings challenge the myth that migrants are coming to Europe for economic reasons."
EU-G20: Remarks by President Donald Tusk before the G20 summit in Hamburg, Germany (pdf):
Tusk is seeking support to tackle "the unprecedented wave of illegal migration" through "targeted UN sanctions against smugglers" in north Africa. However, he notes that:
"Unfortunately I have to say that today we do not have the full support even for this minimum. If we do not get it, it will be a sad proof of the hypocrisy of some of the G20 members..."
Perhaps this is because he refers to everyone arriving in the EU as "irregular migrants" (who anyway have the right to claim asylum) and not as refugees and migrants. He also refer only to "smuggling" not trafficking - two legally distinct concepts.
Interoperability: Fundamental Rights Agency (FRA): Weighing the pros and cons of sharing information among EU borders and security systems:
"Interoperability between information systems for borders and security can help border and law enforcement officials thanks to fast and easy access to information about non-EU nationals entering the EU. However, as a new paper from the European Union Agency for Fundamental Rights (FRA) shows in addition to benefits, there are also fundamental rights risks. These include using data for some purpose other than the one were designed for, unlawful access to personal data, replicating incorrect data about a given person, and children being linked to immigration offences their parents committed."
See: Report (pdf)
Hungary's Plan to Electrify Border Fence Draws Rebuke (liberties.eu, link):
"A Serbian NGO has strongly criticized the Hungarian governments plan to electrify its border fence between the two countries in an effort to deter migrants. The Belgrade Center for Protection and Help for Asylum Seekers say the move was a violation of European human rights agreements..."
UK: From Hillsborough to Grenfell (Centre for Crime and Justice Studies, link)
The law rarely holds powerful individuals to account. The Grenfell disaster is unlikely to be different, argue Steve Tombs and David Whyte.
European Parliament: Special committee to tackle deficiencies in the fight against terrorism (EP News, link): It will:
"examine counter-terrorism measures, detect shortcomings in cross-border judicial cooperation and information-sharing measure impact on fundamental rights.
MEPs approved setting up a 12-month special committee to address the practical and legislative deficiencies in the fight against terrorism across the EU."
See: Decision setting up the Committee (pdf)
UK: Tasers used against children as young as TEN in the West Midlands (Birmingham Mail, link);
"Tasers have been used against children as young as ten in the West Midlands. A primary school-age child in the region was 'red-dotted' with a Taser by police in 2016.
Police in the West Midlands fired Tasers six times at under-18s, three times at 15-year-olds, twice at 16-year-olds and once at a 17-year-old. There were 597 incidences of Tasers being used against children across the UK in 2016, according to figures released by police under the Freedom of Information Act."
Activist launches court battle over undercover police tactics as Scottish Government decline probe (Daily Record, link):
"Tilly Gifford and her legal team raised £7000 for legal challenge as they fight for inquiry into illegal police tactics in Scotland...A campaigner has launched a court battle over the Scottish Governments decision not to order a public inquiry into undercover police tactics.
Glasgow-based environmental activist Tilly Giffords legal team used an online crowdfunding appeal to raise the £7000 needed to take the case forward and trigger a Government response in court.
They want the Home Office to extend the Pitchford Inquiry, which will probe illegal tactics used by undercover police since 1968, beyond England and Wales."
Pluralism under attack: The assault on press freedom in Poland (IFEX, link):
"Poland's government is using legislative, political, and economic means to stifle the media and limit dissent and debate within the country, according to Pluralism under Attack: The Assault on Press Freedom in Poland, a special report from Freedom House."
Brexit and the future of UK arms transfer controls (Saferworld, link):
"As the UK moves towards exit from the EU, Saferworld examines the implications for UK strategic trade control in a new report and accompanying comment piece.
We consider how - from sanctions and embargoes to an extensive EU control lists for military and dual-use goods and much more besides - UK and EU controls are closely entwined. Much needs to be done to ensure that UK still has its full suite of transfer control measures in place on the day it leaves the EU."
EU: Informal meeting of Justice and Home Affairs ministers: Press statement following discussions on Central Mediterranean (pdf):
"In Tallinn, the Ministers of Interior acknowledged that the situation in the Central Mediterranean and the resulting pressure on Italy is of great concern to all Member States. In line with the European Council conclusions of 22-23 June, the Ministers reaffirmed their commitment to take urgent action by stepping up coordination and delivery of all the elements contained in the Malta Declaration, the Partnership Framework and the Joint Valletta Action Plan, as well as the need to continue steps towards finding the right balance between the principles of solidarity and responsibility and to provide adequate support to the most affected Member States.
The Ministers of Interior welcomed and based their discussions on the Action Plan presented by the Commission on 4 July 2017, containing immediate measures that can be taken by the Commission, the High Representative, Italy and other Member States."
See also: Presidency of the Council: Ministers of Interior agree on more robust approach to migration pressure (press release, pdf)
And: EU: Action Plan for Central Mediterranean: mandatory code of conduct for NGOs, massive expansion of detention and hotspots in Italy
UK government urged to end Muslim Council of Britain 'boycott' (Middle East Eye, link):
"The British government needs to fix its broken relationship with the Muslim community, according to a report by an influential charity.
The Missing Muslims Unlocking British Muslim Potential for the Benefit of All is the result of an 18-month commission into the place of Islam in public life by the community support group Citizens UK.
The commissioners, who include high profile names from the world of business, academia, politics and faith, travelled the country and are said to have listened to 500 hours of testimony. They have proposed recommendations for the government, Muslim community, civil society and the business world to implement."
EU: Britain First supporter calls for Merkel to be shot for refugee policy (The Guardian, link):
"A prominent Britain First supporter has advocated gunning down Angela Merkel because of Germanys policy of allowing Muslim refugees to settle in Europe.
Marian Lukasik, a far-right activist, said the German chancellor should be shot to pieces after allowing Syrian and Iraqi people to enter Germany.
Footage of his comments has been uploaded to YouTube as part of an interview which has been viewed thousands of times.
It comes days after a man, reportedly with rightwing views, was charged with planning to assassinate the French president, Emmanuel Macron, and one year on from the murder of the Labour MP Jo Cox, who was killed by a far-right activist who shouted Britain First before shooting and stabbing her."
UK: Criminal justice after austerity: are there radical possibilities? (The Independent, link) by Rebecca Roberts:
"In the aftermath of the exceptional bravery and heroism displayed by police officers during recent terrorist attacks, it seems almost heretical to question any expansion of police resources. We must not overlook the darker side of policing in terms of institutional racism and the overwhelming focus on black youth and poor communities. If we want to take seriously the problems of violence and harm in society then we need a new approach.
As both austerity and the economic crisis have wreaked havoc in society, the impulse to punish and control has trumped any commitment to taking seriously peoples needs. We need to look beyond the narrow confines of our existing legal system, police force and prison system.
To take law breaking and harm seriously, we need to reconfigure how we think about safety in society. Law breaking and harm have many complex sources, many that simply cannot be addressed by more police on the streets. In simple terms, if some of the problems we face include violence, mental ill health, poverty, and yes, harmful deregulation, then the one-size-fits-all solution of criminal justice is not the answer. "
And see: What lies beyond criminal justice? Developing transformative solutions (EG Press, link)
Central Mediterranean: Death toll soars as EU turns its back on refugees and migrants (Amnesty, link):
"The soaring death toll in the central Mediterranean and the horrific abuses faced by thousands of refugees and migrants in Libyan detention centres are clearly linked to failing EU policies, said Amnesty International in a report published today.
A perfect storm: The failure of European policies in the Central Mediterranean finds that by ceding the lions share of responsibility for search and rescue to NGOs and by increasing cooperation with the Libyan coastguard, European governments are failing to prevent drownings and turning a blind eye to abuse, including torture and rape.
EU Ministers meeting in Tallinn today are set to discuss new proposals that will make a dire situation worse."
And see: Europe migrant crisis: EU blamed for 'soaring' death toll (BBC News, link)
UK: Chilcot: Tony Blair was not 'straight with the nation' over Iraq war (The Guardian, link):
"Sir John Chilcot has said he does not believe Tony Blair was straight with the nation about his decisions in the run-up to the Iraq war.
The chairman of the public inquiry into the 2003 conflict said the former prime minister had however been emotionally truthful in his account of events leading up to the war, meaning he relied on both emotion and fact.
Breaking his long silence on the matter in an interview with the BBCs political editor, Laura Kuenssberg, Chilcot said: Tony Blair is always and ever an advocate. He makes the most persuasive case he can. Not departing from the truth but persuasion is everything."
Interpol removes Turkey from database for uploading Gulenist profiles (New Europe, link):
"Ankaras move to upload 60,000 wanted supporters of the Gülenist movement on Interpols database has caused the suspension of Turkeys use of the infrastructure, Hurriyet daily reports.
Interpols system of notices is used to issue international alerts for fugitives, suspected criminals, persons linked to or of interest in an ongoing criminal investigation, persons and entities subject to UN Security Council Sanctions, potential threats, missing persons and dead bodies. Details are stored in a database known as the INTERPOL Criminal Information System, which also contains personal data and the criminal history of people subject to a request for international police cooperation.
Turkey no longer has access to the database, as the use of Interpols infrastructure to prosecute 60,000 individuals with suspected links to what Turkish prosecutors consider a terrorist organization is seen as a breach of trust."
But see: INTERPOL spokesperson: Turkey not suspended, has access to databases (Daily Sabah, link):
"Turkey's access to the International Police Organization's (INTERPOL) databases has not been denied, and it is still able to report Gülenist Terror Group (FETÖ) members to the institution, an INTERPOL spokesperson told Daily Sabah, after some Turkish media outlets claimed Ankara's access to INTERPOL's databases had been suspended since last July.
An INTERPOL spokesperson, who spoke on the condition of anonymity due to restrictions, told Daily Sabah that Turkey's access to INTERPOL's databases has never been denied, and it is still able to submit names on the international wanted persons list."
UK: Government seeks secret trial in MI6 rendition case (Reprieve, link):
"The Government will apply for a secret hearing in a challenge to a prosecution decision for the first time in a case stemming from the involvement of a senior MI6 officer in the abduction and rendition of two families to Gaddafis Libya, it emerged today.
The move came today in a hearing in the case of Libyan Abdul-Hakim Belhaj and his wife Fatima Boudchar. The couple were seized and rendered to Gaddafis Libya in 2004 in a joint CIA-MI6-Libyan operation. Last June, after Scotland Yard recommended that criminal charges be brought, the Crown Prosecution Service declined to charge the lead suspect former MI6 official Sir Mark Allen. The couple are challenging the decision.
The Foreign Secretary and the Director of Public Prosecutions, Alison Saunders, are seeking to avoid the public disclosure of documents detailing the reasons it was decided not to prosecute. At the High Court today, lawyers for the DPP and the Foreign Office said they would apply to have the entire challenge heard in secret."
Refugee crisis: latest news from across Europe (5.7.17)
UK: Police officers who failed to help murdered refugee despite years of pleas displayed 'hallmarks of racism' (The Independent, link):
"Police officers who failed to come to the assistance of a disabled refugee who was beaten to death and set on fire by his neighbour showed hallmarks of racial bias, the police watchdog has said in a damning ruling that revealed a catalogue of failings.
Bijan Ebrahimi, 44, was murdered by Lee James in Bristol in July 2013 after seven years of abuse. James wrongly believed his neighbour, an Iranian national, was a paedophile.
In an excoriating report, the Independent Police Complaints Commission (IPCC) criticised the poor responses of the police and suggested the officers involved had displayed signs of racism."
See: Poor responses over seven years by Avon & Somerset Constabulary to vulnerable man who was murdered (IPCC, link): "Evidence gathered by an Independent Police Complaints Commission (IPCC) investigation identified poor responses over at least seven years by Avon & Somerset Constabulary to a vulnerable man who was brutally murdered by his neighbour in Bristol."
EU: EASO: Vast majority of migrants arriving in Italy not eligible for relocation (EurActiv, link):
"Quoting from a recent monthly statistic, Celis said that Nigerians were indeed the number one nationality applying for international protection currently in Italy, with more than 20%, followed by Bangladeshis and Pakistanis, who were the top three for the moment. Bangladeshis and Pakistanis are not considered eligible for relocation either.
Celis said that in 2016, of all Nigerians applying for asylum in the EU, 55% applied in Italy. The second country where applications were lodged was Germany. However Germany, in the vast majority of cases, is not the country of first arrival on EU territory.
The EASOs Ward Lutin explained that it was not correct to say that the nationals of a certain country were ineligible for asylum, as some certainly were, and this is why an individual assessment was needed. He also said that unlike the past, the vast majority of arriving migrants were applying for asylum."
See: Restrictive refugee relocation scheme means new lower targets might be met (Statewatch News Online, 18 May 2017)
And: European Asylum Support Office (EASO): Annual Report on the Situation of Asylum in the European Union 2016 (5.7MB, pdf)
GERMANY: Hamburg is transforming itself into an Orwellian dystopia for the G20 Summit (OpenDemocracy, link):
"In less than three weeks from now, the worlds attention will be drawn to your city, as you host the planets most powerful heads of state for the G20 summit. Let us be clear: the G20 has no democratic mandate: it embodies the politics of austerity, social inequality, war and ecological destruction. The protests and draconian security measures that follow G20 summits around the world are testament to this groups odiously illiberal and autocratic nature.
Yet on July 7 and 8, your city will take security measures that are extreme even by G20 standards. Andy Grote, your senator of the interior, went back on a previous promise to not ban demonstrations and declared a general decree forbidding any kind of assembly in a territory of 38 km2.
Predator drones, usually deployed in warzones, will circle the skies, tanks will be out on the streets, and over 15,000 police officers are expected to be on patrol, including those on horseback and with dogs.
Robots deployed by U.S. secret services will crawl through sewers and subway tunnels (doing what exactly? No-one knows since the U.S. wont give us any information about them!) Hamburg will be transformed into an Orwellian dystopia of complete surveillance, enforced by paramilitary means; a democracy-free area."
UK: Suicide and self-harm in prisons hit worst ever levels (The Guardian, link):
"Prisons have struggled to cope with record rates of suicide and self-harm among inmates following cuts to funding and staff numbers, the public spending watchdog has said. The National Audit Office said it remains unclear how the authorities will meet aims for improving prisoners mental health or get value for money because of a lack of relevant data.
Auditors said that self-harm incidents increased by 73% between 2012 and 2016 to 40,161, while the 120 self-inflicted deaths in prison in 2016 was the highest figure on record and almost double that for 2012. Since 2010, when David Cameron became prime minister, funding of offender management has been reduced by 13%, while staff numbers have been cut by 30%, the report said."
See: National Audit Office report: Mental health in prisons (pdf) and: Summary (pdf)
UK: New Court Interpreting Contract, Same Old Shambles (one small window, link):
"The Ministry of Justice published criminal court statistics for England and Wales for the first quarter of 2017 in June. Buried within is the first set of quantitative data on the performance of the new framework agreement for the provision of foreign language and deaf interpreting services in courts and tribunals and across the justice sector, in force since the end of October 2016.
Boasting a similar success rate as its predecessor and dogged by the same problems, the performance of the new contract offers few surprises to anyone who has watched the shambles of the privatisation of court interpreting services unfold over the past five years. With essentially the same structure and premise but a broader remit and larger budget, the new contract has picked up the baton and kept on running."
UK: Stop and search is not used fairly, most young BAME people believe (The Guardian, link):
"Three-quarters of young black and minority ethnic (BAME) people believe they and their communities are being targeted unfairly by stop and search despite a steep decline in the use of the controversial tactic, according to new research.
A survey commissioned by the Criminal Justice Alliance (CJA), a coalition of 120 organisations, also found that more than a third of BAME people aged 16 to 30 did not believe police used fair information to decide who they stopped and searched.
The figures, published within a CJA report titled No Respect, come at a time when the overall number of stop and searches has fallen from 1.2m to 380,000 over five years.
The latest Home Office figures show BAME people are three times more likely than white people to be searched, up from twice as likely a year earlier, and within this group black people are six times more likely to be searched, up from four times more likely a year earlier."
See: briefing by the Criminal Justice Alliance: No respect: Young BAME men, the police and stop and search (link to pdf)
Spain Still Struggles to Fill Gaps in Its Fight Against Torture (Liberties, link):
"From incommunicado detention to violence against women, there are many shortcomings in Spain's efforts to combat torture. The Spanish state will soon have to account for its actions, or lack thereof.
Coinciding with the International Day of Support for Victims of Torture, Rights International Spain has presented a report enumerating existing challenges in the prevention and elimination of torture in Spain.
The Committee will take this report into account as it prepares the list of questions the Spanish state will have to address during its upcoming review by the Committee. Some of these challenges are listed below."
EU: Action Plan for Central Mediterranean: mandatory code of conduct for NGOs, massive expansion of detention and hotspots in Italy
The European Commission has published an Action Plan containing a swathe of measures "to support Italy, reduce pressure along the Central Mediterranean Route and increase solidarity," in order to try to address the "structural challenge" represented by the "loss of life and continuing migratory flows of primarily economic migrants on the Central Mediterranean route."
This includes a proposal for Italy and the Commission to draw up a code of conduct for NGOs conducting search and rescue missions, and demands for Italy to massively increase the capacity of its hotspots and its detention centres as well as extending the maximum period of detention up to 18 months, the maximum allowed under EU law.
EU: Rule of law: double standards undermine EU's role in the neighbourhood (CEPS European Neighbourhood Watch, pdf) by Toby Vogel:
"Article 2 of the Lisbon Treaty defines the European Union as a community of values and then goes on to list them: respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are supposed to inform all EU policies, including enlargement and foreign and security policy, which crucially depend on the strength of the EUs soft power. But what happens to the EU and its power to persuade and lead by example when it fails to safeguard its values at home?
Several events in recent months illustrate what happens when the EU loses sight of its commitment to democracy and the rule of law."
EU: Frontex in the Balkans: Serbian government rejects EU's criminal immunity proposals
The Serbian government is not happy with EU proposals that Frontex teams would be able to operate on its territory with total immunity from Serbian law. After two rounds of talks between the EU and Serbia, the text of a proposed agreement that would govern Frontex teams' joint operations, "rapid border interventions" or return operations in the Western Balkan country shows that the Serbian side rejects the EU's proposal that "members of the team shall enjoy immunity" from the administrative, civil and criminal jurisdiction of the Republic of Serbia.
UK: Exhibition at the Imperial War Museum, London until 28 August 2017: People Power: Fighting for Peace (IWM, link):
"Take a journey from the First World War to the present day, exploring how peace movements have influenced perceptions of war and conflict in this major exhibition.
From conscientious objectors to peace camps and modern day marches, Fighting for Peace tells the stories of passionate people over the past one hundred years and the struggles they have endured for the anti-war cause.
Over three hundred objects including paintings, literature, posters, placards, banners, badges and music reveal the breadth of creativity of anti-war protest movements, reflecting the cultural mood of each era."
UK: Legal Aid Cuts in Focus: The Law Society Has its Say (Rights Info, link):
"It is now four years since the government implemented an overhaul of the UKs legal aid system. However, not everybody is happy with the changes.
With the new regime now well established, the Law Society (the professional body that governs the work of solicitors in England and Wales) has published a comprehensive review of how it thinks the new system is working out. With access to legal services coming under renewed scrutiny in the wake of the Grenfell Tower tragedy, the report is disquieting to say the least. Heres a snapshot of what it says."
See: LASPO 4 years on: Law Society review (The Law Society, link):
"Four years ago, the then government implemented the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). Hundreds of thousands of people who were eligible for legal aid on 31 March 2013 became ineligible the very next day.
Four years on, the Law Society has conducted a review of the legal aid changes introduced under the act. This review concludes that:
1. Legal aid is no longer available for many of those who need it
2. Those eligible for legal aid find it hard to access it
3. Wide gaps in provision are not being addressed
4. LASPO has had a wider and detrimental impact on the state and society"
ISRAEL: Bureaucratic Chaos Abound After Biometric IDs Become Mandatory in Israel (Hareetz, link):
"During the first month that biometric identity documents have been compulsory, 15 percent of those getting new passports or identity cards refused to have their fingerprints stored in the database.
Under the new procedures, a high-resolution facial photograph is automatically stored in the database, while the issue of fingerprints is left up to the applicant. Those who refuse to have their fingerprints stored get passports or identity cards that expire in five years, rather than 10. Children under 16 do not have their fingerprints stored. According to the Population and Immigration Authority, 107,000 passports and 65,000 identity cards were issued in June.
But at a meeting on Sunday the parliamentary oversight committee on the biometric database reported that it had been deluged with complaints of citizens who had difficulty obtaining the new documents."
IRELAND: Right to work for asylum-seekers: Supreme Court judgment and Irish Refugee Council position
Following a judgment by the Supreme Court of Ireland calling on the government to consider giving asylum-seekers permission to work (there is currently a total prohibition regardless of how long an individual have been within the asylum system), the Irish Refugee Council has called on the government to give asylum-seekers the right to work after they have been within the asylum procedure for six months or longer.
SCOTLAND: New group to investigate Police Scotland's use of biometric data (The Herald, link:
"THE way the police handle and store the growing mountain of biometric data about Scotlands citizens is to be investigated by a new independent group.
Led by John Scott QC, whose past work led to Police Scotland ending its disproportionate use of stop-and-search, the group will look at mugshots, fingerprints and DNA samples.
The use of data from CCTV, road traffic and police body cameras will also be examined.
The aim is to produce a report by the end of the year on the ethics and governance of keeping and disposing of biometric data, and whether new laws and rules are required.
Last year, an HMCIS report on police biometric data recommended tighter legislation, a statutory code of practice and the creation of a new post of Biometrics Commissioner.
Police Scotland retain custody photos for up to 12 years even if no one is charged, although mugshots are not uploaded to the Police National Database as in England and Wales."
See: Independent Advisory Group on the Use of Biometric Data (Scottish Government, link), the group's terms of reference and membership (pdf) and: Mobiles to offer crime scene access to fingerprint database (The Scotsman, link)
European Border and Coast Guard report
- 72% of returns inside Europe: 101 return flights to the West Balkans and only 41 outside the EU
- Deploying "assets" to frontline Member States: thermo-vision vehicles, dog teams, CO2 detectors and smartdeck cameras
The Commission Press release of 14 June (pdf) concerning the Fourth report on the European Border and Coast Guard (EBCG) stated on the question of "returns" that:
"The pace of return operations organised by the European Border and Coast Guard has continued to grow, with 6,799 irregularly staying migrants returned in 2017 so far, representing an increase of over 157% compared to the same period of last year." [emphasis added]
However, the Fourth Report on EBCG (COM 325-17, pdf) says that:
"Between 1 January and 9 June 2017, the Agency provided support to 144 return operations of third-country nationals during which 6,799 illegally staying third-country nationals were returned, with further 43 operations under preparation. This represents an increase of over 157% compared to the same period of last year. The majority of these operations (101 out of 144) concerned flights to the Western Balkans."
Thus 101 return flights concerned returns inside Europe to the West Balkans and only 41 outside the EU. There were an average of 42 people per flight.
Refugee crisis: latest news from across Europe (1- 4.7-17)
RACE & CLASS: Prison resistance and black self-defence (link)
"Read new and re-released material from Race & Class on black prison resistance, the role of the Black Panthers, and the influence of US rebellions on the struggle in the UK.
As the USA witnesses a resurgence of law and order rhetoric, Toussaint Losier, assistant professor of Afro-American Studies at the University of Massachusetts at Amherst, publishes this month in Race & Class a double-length article based on his original research into the rebellions, which predated Attica, in New York City jails in 1970. These revolts in five facilities, against overcrowding, inhumane conditions and the practice of preventive detention against political dissidents and those too poor to afford bail were influenced by the politics of the Black Panther Party and Young Lords Party. These radical prison movements drew on discourses of human rights, multiracial unity, national liberation and joined calls for broader social transformation. Click here
To coincide with the publication of this new research, Race & Class makes available a series of pieces on resistance to black incarceration in the USA and UK.
To read interviews carried out in 1992 with key members of the Black Panther Party for Self-Defense Geronimo ji-jaga Pratt (now deceased) and Mumia Abu-Jamal click here
To read reflections on the lineage of radical black politics forged in the harsh conditions of the prison industrial complex from former prisoner Stephen Jones, who was politicised from age 13 during many stints in Californian jails click here
To read the manifesto from Attica during the famous 1971 riot when prisoners seized control of the facility - click here
To read how US Black Power influenced the 1976 Spaghetti House Siege in the UK and later the prison resistance of Shujaa Moshesh, one of the gunmen, click here"
EU: Total information awareness for law enforcement: "turning point" reached, says EU police technology network
- Police foresee immediate 24/7 access to data/profiles, images, videos, biometrics on everyone stopped, checked or under surveillance with automatic flagging on what action to take
- Mobile technologies to access ID profiles from local, national and international records, gather photos and videos and be used for covert surveillance
The European Network of Law Enforcement Technology Services (ENLETS), an informal group funded currently funded by the European Commission, has produced a report on 'best practices in mobile solutions' (LIMITE doc no: 10127-17, pdf) which sees developments in mobile technologies, telecoms networks and 'cloud' computing as a "game-changer" for total information awareness for law enforcement authorities. The report foresees police smartphones, smartwatches or other devices having instant, 24/7 access to a complete profile on individuals from data gathered and stored locally, nationally or internationally.
European Parliament: Draft Report on legitimate measures to protect whistle-blowers acting in the public interest when disclosing the confidential information of companies and public bodies (pdf):
"the Commission has not proposed suitable legislative measures to protect whistleblowers in the EU effectively...
Considers that a breach of the public interest includes, but is not limited to, acts of corruption, conflicts of interest, unlawful use of public funds, threats to the environment, health, public safety, national security and privacy and personal data protection, tax avoidance, attacks on workers rights and other social rights and attacks on human rights;
Stresses that the role of whistleblowers in revealing serious attacks on the public interest has proved its significance on many occasions over a number of years and that whistleblowers have proved to be a crucial resource for investigative journalism and for an independent press."
Protesters plan to 'kettle' leaders at G20 summit in Hamburg (Guardian, link):
"Police say choice of inner-city venue is incomprehensible, as protesters prepare to block access routes... the decision to hold it at a congress centre in a densely populated part of the inner city, bordering a district with a long-running history of anti-establishment protests and annual May Day riots, has put police services on high alert....
The 2001 G8 summit in the Italian port city was overshadowed by clashes between police and an estimated 200,000 demonstrators, and the death of a 23-year-old Italian anti-globalisation protester, Carlo Giuliani.
Hamburg authorities have said they expect about half the numbers of protesters that descended on Genoa in 2001, but the presence of divisive political figures such as Trump and his Turkish counterpart, Recep Tayyip Erdogan, is likely to draw protesters from a wide range of political causes. "
See: Genoa Reports from the ground: Statewatch News Online, July 2001
EU Commission must deliver justice for Italy's Roma (euobserver, link):
"In the past three years, the European Commission has begun legal proceedings against the Czech Republic, Slovakia and Hungary for their systematic segregation of and discrimination against Romani children in the education system.
Yet, in Italy, where Roma suffer equally shocking discrimination and segregation at the hands of the authorities, this time in relation to housing rights, the EU commission is yet to take any similar decisive action, despite having received comprehensive evidence from Amnesty International and other organisations."
EU: Restricted document highlights plans for ongoing EU interventions in Libya
The EU's plans to re-establish functioning government institutions in Libya and to halt the flow of people across the Mediterranean are outlined in a restricted document currently being discussed by officials in Brussels. The detailed Strategic Review on EUBAM Libya, EUNAVFOR MED Op Sophia & EU Liaison and Planning Cell (9202/17, 15 May 2017, RESTREINT/RESTRICTED, pdf), produced by the European External Action Service, proposes extending until December 2018 the Mediterranean military mission EUNAVFOR MED/Operation, the EU Border Assistance Mission Libya (EUBAM Libya) and the work of the EU Planning and Liaison Cell (EUPLC), based in Brussels.
The report's recommendations were approved by the Council's Committee on Civilian Aspects of Crisis Management (CivCom) and Politico-Military Group (PMG) on 28 June: see Joint CivCom Advice and PMG Recommendations on Strategic Review on EUBAM Libya, EUNAVFOR MED OP Sophia & EU Liaison and Planning Cell (10714/17, 29 June 2017, LIMITE, pdf).
They will be discussed by the Council's Political and Security Committee tomorrow (link to pdf). The proposals will ultimately need to be approved by the Justice and Home Affairs Council, which is not due to meet again until September (Council of the EU, link).
Statewatch has produced summary of some of the key points from the EEAS report. See: Summary: Restricted document outlines official proposals and recommendations for future EU actions in Libya (pdf).
EU: Entry-Exit system (EES): Nearing agreement - some "technical" issues still outstanding
Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) No 2016/399 as regards the use of the Entry/Exit System (Doc no: 10535-17, pdf):
The last political trilogue under the Maltese Presidency is scheduled for 29 June. A number of outstanding issues remain to be solved on this occasion in order to reach a political agreement and meet the objective set by the European Council:.
"The interinstitutional negotiations started on 23 March 2017. 15 technical meetings and 5 political trilogues have been held so far..... "Considerable progress has been achieved so far and the Presidency managed to defend the Council position on crucial issues such as the conditions for law enforcement access, the territorial scope of the Regulation and the data retention period for overstayers."
State of play (LIMITE doc no: 10823-17,pdf) The outstanding issues on 29 June were:
1. Bilateral agreements (Article 64(5)(h))
2. Schengen Borders Code (Article 8a, 8b, 8d)
3. Calculator (Article 10(4))
4. Access to the EES by asylum authorities (Articles 25a and 25b and related provisions)
5. Enrolment of biometrics in case of refusal of entry (Article 16)
6. Transfer of data to third countries (Article 38)
7. Structure of Article 5
8. Data Retention (Article 31)
4-column documents: ADD - 1 (10545-17, 265 pages, 26 June, pdf) and ADD - 2 (10545-17, 27 June, 99 pages, pdf)
Council press release: 30 June 2017 (pdf):
"[agreement with] European Parliament representatives on 29 June on the political issues of a proposal for an Entry-Exit System and a proposal amending the Schengen Border Code in relation to the Entry-Exit System, with a view to an overall agreement once the remaining technical issues are addressed."
EU: Commission, France, Germany and Italy - Joint "Declaration": Italy to draw up a "Code of Conduct" to bring NGOs operating in the Med under state control: Press release, pdf):
The measures proposed contains many previous ideas: increasing "relocation" in the EU (which has failed miserably), increasing "returns" (which are low), helping Libyan Coast Guards and enhancing "readmission rates" to Africa.
But top of the list is a new proposal to:
"Work on a code of conduct for NGO's, to be drafted and presented by Italy, in order to improve coordination with NGO's operating in the Mediterranean Sea....
In order to allow swift progress in support of Italy, the Ministers of Interior of France, Germany and Italy and the European Commissioner for Migration and Home Affairs call on all EU partners to consider these action points at the next EU informal Council meeting in Tallinn on 6 July."
Statewatch Analysis: Policing the internet: how Europol takes action against undesirable content online (pdf) by Kilian Vieth (Translation by Viktoria Langer):
Europol removes content from the internet. This approach goes beyond regular measures in the fight against terrorism propaganda and mixes police work and media regulation. Should a police agency be responsible for the surveillance and control of Facebook posts and tweets?
Italy appeals for migrant help in Paris (euobserver, link):
"Interior ministers from Italy and Germany met in Paris on Sunday, along with their French counterparts, to discuss the inflow of migrants and refugees disembarking from Libya."
EU: Centralised biometric database for convicted non-EU nationals also part of "interoperability" agenda
Proposals published last week by the European Commission will see the development of a new a centralised database holding the criminal records of non-EU citizens, alongside their fingerprints and photographs.
"Although it is possible to exchange information on convictions concerning third country nationals and stateless persons (hereinafter: TCN) through ECRIS [the European Criminal Records Information System] today, there is no procedure or mechanism in place to do so efficiently," says the Commission, and thus a new system is required that will simplify the process and leave the door open for future "interoperability" initiatives with other EU databases and information systems.
GREECE: LESBOS LEGAL CENTRE: Arbitrary Detention in Lesbos Refugees Driven to Hunger Strike to Protest Inhumane Conditions (link):
"The Legal Centre Lesbos condemns the unlawful practice of indiscriminately detaining people who are in the process of applying for international protection. The Greek Asylum Service is currently automatically detaining applicants whose initial appeals have been rejected, and arbitrarily detaining people of certain nationalities for the entire duration of their applications.
International law forbids discrimination on the basis of nationality, and prohibits arbitrary arrest and detention. It also provides that detainees have the right to meaningfully challenge any deprivation of their liberty. All these rights are being systematically violated in Lesvos."
Refugee crisis: latest news from across Europe (29-30.6.17)
UK: Upper Tribunal (Immigration and Asylum Chamber): No more returns to Libya
"The violence in Libya has reached such a high level that substantial grounds are shown for believing that a returning civilian would, solely on account of his presence on the territory of that country or region, face a real risk of being subject to a threat to his life or person."
See: Decision: full-text (pdf)
UK-EU: BREXIT: The Repeal Bill: Legal and Practical Challenges of Implementing Brexit (SCER, pdf)
"There are two standard procedures open to the drafters of the Repeal Bill: the negative resolution procedure and the affirmative resolution procedure. The latter means that any statutory instrument must be approved by (usually) both Houses at Westminster. However, parliament cannot propose amendments, so that the vote is held on a take it or leave it basis. Given the time pressures that the government is likely to be under once the ramifications of Brexit are clear, the affirmative resolution procedure is unlikely to be workable.
Where the negative resolution procedure applies, there is not normally a parliamentary debate and the statutory instrument becomes law after the passage of normally forty days, unless an objection is raised by a member of parliament. The current hung parliament makes objections under both procedures relatively, likely resulting in delays in the domestic implementation of Brexit."
UK: Data management and use: Governance in the 21st century A joint report by the British Academy and the Royal Society (pdf):
"Changing data, changing society: As data collection activities continue to increase in speed, scale and variety, and the analytic techniques used to process these datasets become more sophisticated, individuals..."
Counter-terrorism was never meant to be Silicon Valley's job. Is that why it's failing? (Guardian, link):
"Extremist content is spreading online and law enforcement cant keep up. The result is a private workforce thats secretive, inaccurate and unaccountable...
Counter-terrorism is being slowly privatized and carried out by low-paid workers at technology companies such as Facebook, Google and Twitter. Although these companies hire expert advisers and former government agents to tackle extremist propaganda and recruitment enabled by their platforms, much of the grunt work is carried out by contractors earning $15 an hour or, in YouTubes case, volunteers.
The result is a private counter-terror workforce with little training increasingly employed to do the kind of work expected of law enforcement. Such work is carried out secretly, inaccurately (journalists and activists have been censored) and with little accountability."
EU: European Parliament Study: Towards an EU common position on the use of armed drones (pdf):
"Since the European Parliament (EP) passed a resolution on the use of armed drones in February 2014, it has pointed several times to the need for a common EU position on the matter. It has stressed in particular the importance of ensuring compliance with international human rights and humanitarian law when using armed drones....
Furthermore, progress has been made recently in agreeing a joint EU position regarding the related matter of lethal autonomous weapons." [emphasis added]
See also: Towards a European Position on the Use of Armed Drones? A Human Rights Approach (ICCT, pdf): "The authors conclusions include observations on the need for and possible ways to obtain information, challenges for the use of armed drones generally, and legal challenges and recommendations."
Greater Manchester doubles number of police trained to use stun guns (Guardian, link): "Force to train 1,100 officers to use Taser weapons to better protect region after terrorist attacks in London and Manchester."
EU: 14 EDA Member States to pool & share GOVSATCOM capabilities (European Defence Agency, link):
"On June 15th the EDA Steering Board accepted, by written procedure, the Outline Description for the Governmental Satellite Communications (GOVSATCOM) Pooling and Sharing demonstration project (GSC demo). Under the leadership of Spain, the project brings together Austria, Belgium, Germany, Estonia, Greece, France, Italy, Lithuania, Luxembourg, Poland, Portugal, Sweden and the United Kingdom. Norway, which has signed an Administrative Arrangement with the Agency, is also participating in the project. The next step will be the establishment of a Project Arrangement."
And see: High Level Civil Military User Needs for Governmental Satellite Communications (GOVSATCOM) (LIMITE doc no: 7550-17, pdf)
Also: EU-US: Satellite states: Commission prepares for negotiations with the US on EU's defence and internal security satellite system (Statewatch News, 2013)
Turkish 'walk for justice' continues despite Erdogan threat (DW, link):
"President Erdogan has warned Turkey's opposition leader his long march for justice could land him in trouble. Tensions in Turkey have accelerated over the past two months when a referendum gave Erdogan enhanced powers."
The Brexit talks: opening positions on the status of UK and EU citizens (EU Law Analysis, link): by Steve Peers, Professor of Law:
"One of the most high-profile issues relating to Brexit, which could potentially have the biggest direct impact on the lives of the greatest number of people, is the issue of what happens to UK citizens in the EU and EU citizens in UK after Brexit."
European Parliament: New Asylum Agency to ensure respect of EU asylum rules and fundamental rights (Press release, link):
"The informal, preliminary agreement reached on Wednesday covers all the main elements of the legislation, but inter-institutional talks will continue under the Estonian Presidency to finalise the text.
The proposal to strengthen the current EU Asylum Support Office (EASO), turning it into a new EU Agency for Asylum equipped with the means and resources to assist Member States in crisis situations and to monitor compliance with EU legislation, is linked to the wider review of the Common European Asylum System currently under way."
Slovenian PM: EU enlargement at risk if Croatia border ruling ignored (Politico, link): "Tribunal grants Slovenia access to international waters but Zagreb says the arbitration process was compromised."
CoE: Parliamentary Assembly: Sexual violence in the public space: stop trivialisation and impunity (link):
"The Assembly today expressed its concern at the magnitude of the phenomenon of sexual violence and harassment of women in the public space. Although this violence takes place in public, sometimes in front of dozens of people, women often find themselves facing their attackers alone because witnesses fail to act. This widespread indifference only increases the victims feeling of insecurity and helplessness, PACE warned."
See: Adopted report (pdf)
EU: President Tusk wants to turn the international sanctions machinery against migrant smugglers: See Council Press release (pdf):
"When it comes to migration just one remark: there is already a very ambitious and responsible language proposed by Chancellor Merkel. My suggestion is that maybe we could also add a very concrete reference to the fight against smugglers. We could appeal to the other G20 members to consider for example UN sanctions against the smugglers.
In order to put smugglers on the UN list we need the UN Security Council members to agree. The G20 format seems to be a good forum to bring it to the table."
What guarantees? The Brexit proposals on EU citizens residence (IRR News, libk) by Frances Webber:
"The governments widely-condemned post-Brexit proposals for EU citizens should be used to highlight the unfair and discriminatory immigration laws to which they will be subjected, particularly those limiting family reunification, which currently apply to British citizens and settled migrants. "
EU: Interoperability and EU databases: Big Brother takes shape
Press release: Security Union: Commission delivers on interoperability of EU information systems (pdf):
"The Commission is today delivering on its commitment to ensure interoperability and address the existing shortcomings of EU information systems for security and border management, as set out by the Commission in its 7th Security Union Report on 16 May and endorsed by the European Council of 22-23 June. As a first step, the Commission is proposing to strengthen the mandate of the EU Agency for the operational management of large scale IT systems (eu-LISA), enabling it to develop and roll-out the technical solutions to make the EU information systems interoperable." [emphasis added]
SECURITY UNION: Eighth progress report towards an effective and genuine Security Union (COM 354-17, pdf):
"Next steps towards the interoperability of information systems
As set out in the seventh progress report, the Commission is taking further action to implement the new approach to the management of data for borders and security. On 28 June 2017, the Commission presented a legislative proposal to strengthen the mandate of eu-LISA. The agency will play a crucial role in the technical work towards the interoperability of information systems, including with ongoing technical analysis on the identified solutions to achieve this." See also: Press release (pdf) [emphasis added]
Extending eu-LISA mandate: Proposed Regulation on the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice, and amending Regulation (EC) 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) 1077/2011 (pdf):
"aims at inserting in the Regulation changes deriving from policy, legal or factual developments and in particular to reflect the fact that new systems will be entrusted to the Agency subject to agreement by the co-legislators and that the Agency should be tasked with contributing to the development of interoperability between large-scale IT systems in the follow-up to the 6 April 2016 Commission Communication on Stronger and Smarter Information Systems for borders and security, the final report of the High-level expert group on information systems and interoperability of 11 May 2017...." [emphasis added]
Report on eu-LISA: Report: on the functioning of the European Agency for the operational management of largescale IT systems in the area of freedom, security and justice (eu-LISA) (COM 346-17, pdf)
eu-LISA: Staff Working document report: eu-LISA Evaluation (SWD 249-17 , pdf) and see Summary (SWD 250-17, pdf)
Factsheet: Security Union: Interoperability of EU Information Systems (pdf)
Factsheet: EU information systems (pdf) includes: "Who can access which database?"
Factsheet: Security Union (pdf)
UK: Legal action over Prime Ministers secret order to British spies (Reprieve, link):
"Reprieve and Privacy International have launched legal action today after the government refused to reveal the subject matter or contents of a secret Prime Ministerial order governing the activities of the British security services.
It was revealed last year in a separate case brought by Privacy International that the Prime Minister has made three such orders, or Directions, which require intrusive and risky covert activity by the UK security services to be overseen by the Intelligence Services Commissioner. Two of these Directions have been made public but the Third Direction remains secret, redacted from public documents."
The document that revealed the existence of the Third Direction can be found here. The two Directions that have been made can be seen on the Intelligence Services Commissioners website here (Bulk Data Sets) and here (Consolidated Guidance).
And: Full Statement of Grounds for legal action by Reprieve and PI (link)
UK: Immigration detainees bring legal challenge against £1 an hour 'slave' wages (Guardian, link): "Lawyers for 10 people held in UK centres want Home Office to raise minimum pay for voluntary but essential work by detainees."
Refugee crisis: latest news from across Europe (27-28.6.17) including: Italy delivers broken boats to Libyan coastguard
BOSNIA: Court confirms Dutch U.N. peacekeepers partly liable for Srebrenica massacre (Reuters, link):
"A Dutch appeals court on Tuesday confirmed that the Netherlands was partly liable for the deaths in 1995 of some 300 Muslim males who were expelled from a Dutch U.N. base after the surrounding area was overrun by Bosnian Serb troops.
The ruling by the Hague Appeals Court upheld a 2014 decision that Dutch peacekeepers should have known that the men seeking refuge at the base near Srebrenica would be murdered by Bosnian Serb troops if they were forced to leave -- as they were.
The Dutch government resigned in 2002 after acknowledging its failure to protect the refugees, but it said then that the peacekeepers had been on 'mission impossible'.
The defense ministry told Reuters on Tuesday that the state was studying the appeals court's findings carefully."
And see: Dutch state is partly liable for 300 Srebrenica deaths, appeal court says (Dutch News, link)
UK: Mother of man killed by police attacks decision not to charge officer (The Guardian, link):
"The family of a man shot dead during a police operation in 2015 have expressed shock that the officer who killed him is not going to face criminal charges.
Jermaine Bakers family have written to the Crown Prosecution Service demanding an urgent review of the decision.
The CPS announced on Wednesday that the Metropolitan police officer who fatally shot Baker will not face charges.
Margaret Smith, 49, Jermaine Bakers mother, said she believed that the CPS had made the decision because it was scared of prosecuting police officers for fatal shootings. I believe that from the bottom of my heart, she said. If ever there was a case of a police officer carrying out a fatal shooting who should be prosecuted, it should be this one. "
See: Network for Police Monitoring: Dissent is Not a Crime: Latest news from Netpol: June 2017 (link)
EU: Over a decade after adoption, Eurogroup "working methods" made public: Working Methods of the Eurogroup (3 October 2008, pdf):
"At their 26 February 2007 meeting, ministers approved the following working methods of the Eurogroup which replace those dated 15 November 2004 as well as the addendum dated 5 July 2005.
The informal character of the Eurogroup provides for both the flexibility of a pragmatic approach to the agenda-setting and the confidentiality for in-depth political discussions. The Eurogroup should function efficiently, notably by avoiding duplication with the Ecofin Council." (emphasis added)
See: Eurogroup chief: 'I'm for secret, dark debates' (EUobserver, 21 April 2011) and: The Eurogroup Made Simple (DiEM 25, link) by Yanis Varoufakis
UK: Merseyside Police target legal observers based on the way they were dressed (Netpol, link):
"Merseyside Police is accused of ignoring the standard practice, adopted by most UK police forces, of acknowledging that independent legal observers are not the same as protesters and of justifying this on the basis of the way those monitoring a protest in Liverpool were dressed.
During a recent English Defence League (EDL) march and counter demonstrations against it on Saturday 3 June, legal observers who are part of Green and Black Cross national network of volunteers who monitor the policing of protests were out on the streets near the citys Lime Street station. As always, they were clearly identified by their familiar fluorescent orange bibs. According to media reports, there were over 200 officers and 25 riot vans deployed on the day.
An inspector informed them, however, that as part of the planning of the operation the Silver Commander, Merseyside Polices Deputy Chief Constable Carl Foulkes, had issued an instruction that officers should consider legal observers as left wing protesters and arrest them if they refused to follow Section 14 directions."
UK: Allegations of police corruption double in four years (The Justice Gap, link):
"The number of allegations of police corruption has doubled in four years. According to figures obtained by The Times under freedom of information legislation and published earlier in the week, 2,434 officers and police staff were referred to the Independent Police Complaints Commission (IPCC) over corruption allegations over the last four years. The number almost doubled between 2012, when there were 275 referrals, and 2016 when there were 531.
According to the report, some allegations of serious corruption involved a covert referral and so were not included in the figures. There were 113 corruption referrals last year from the Metropolitan Police, Britains largest force. There were 59 from West Midlands police and 20 from Greater Manchester.
The number of complaints about inappropriate use of force (from physical restraint to firearms and stun guns) rose from 769 in 2012 to 912 last year. Overall referrals have gone up from 2,404 in 2012 to 3,793 last year."
SPAIN: EU Court says tax exemptions for the Catholic Church in Spain may constitute unlawful State aid (New Europe, link):
"Tax exemptions to the Church may constitute state aid prohibited by European law if these are granted for economic activities, according to a ruling today of the Court of Justice of the European Union (CJEU).
It was a ruling in a case brought against the Spanish state by the Congregación de Escuelas Pías Provincia Betania v Ayuntamiento de Getafe (Community of House of Schools Schools of Getafe), after the tax authorities refused a refund of 23,000 euros paid in municipal taxes for works carried out in its centre in Madrid.
In their ruling, European magistrates consider that tax exemptions enjoyed by the Catholic Church in Spain can constitute prohibited state aid if granted in respect of economic activities and meet certain requirements."
See: CJEU press release: Tax exemptions for the Catholic Church in Spain may constitute unlawful State aid if and to the extent to which they are granted for economic activities (pdf) and: Judgment (Case C-74/16, pdf)
UK: Hillsborough disaster: six people, including two senior police officers, charged (The Guardian, link):
"Six people including two former senior police officers have been charged with criminal offences relating to the deaths of 96 people at the 1989 FA Cup semi-final between Liverpool and Nottingham Forest at Sheffield Wednesdays Hillsborough football ground and the alleged police cover-up which followed.
David Duckenfield, the South Yorkshire officer who was in command of policing at the match, has been charged with manslaughter of 95 people the 96th, Tony Bland, died four years later after his life support was switched off.
Sir Norman Bettison, the former chief constable of Merseyside and West Yorkshire police, who was an inspector in the South Yorkshire force at the time of the disaster, has been charged with four counts of misconduct in a public office."
See: Crown Prosecution Service: Hillsborough Charging Decisions (pdf)
French woman guilty of smuggling migrant partner but spared jail (BBC News, link):
"A woman put on trial in France for helping her romantic partner cross the border from the "Jungle" migrant camp in Calais to the UK has escaped a jail sentence.
Béatrice Huret, a former supporter of the far-right National Front, was found guilty of aiding an Iranian man named Mokhtar to cross the English channel.
However, the court did not hand down any punishment for Mrs Huret.
Three others on trial for related offences were also convicted."
BREXIT: Analysis: what is the UK proposing for EU citizens in the UK and EU citizens in the EU? (Free Movement, link):
"On 26 June 2017, over a year after the Brexit referendum result, the government finally published its proposals to safeguard the position of EU citizens living in the UK and UK nationals living in the EU. Here we take a look at the details of the proposals.
It is important to remember that at the moment these are just proposals by the UK. They have been tabled as part of a negotiation process. The UK proposals may change, either becoming more generous as part of the negotiation or being withdrawn partially or in full if the negotiations fail.
It is hard to see in what way the UK proposals are generous as had originally been suggested. For example, on family members the offer is merely to comply with EU law until Brexit, which the UK is already obliged to do. Kicking out family members who had lawfully arrived in the meantime should be utterly unthinkable anyway. The UK proposals rather look like the bare minimum which decency demands; if one considers what arrangements the UK would be likely to put in place in the event of no deal when Brexit occurs, they would surely look a lot like these. The UK was never going to forceably remove 3 million EU citizens resident in the UK."
UK-USA: Minister refuses to condemn Trumps views on torture (Reprieve, link):
"A senior government minister in the House of Lords has refused to condemn President Trump for his views on torture. The comments directly contradict a statement by a Foreign Office minister, just yesterday, that the UK opposes torture in all forms.
Baroness Goldie, the incoming Lords Whip, was asked yesterday in Parliament whether the Government had in any way addressed President Trumps publicly expressed opinion on torture a reference to the Presidents previous comments that torture, including waterboarding, works. Responding, Baroness Goldie said: What other sovereign states choose to do is largely their affair.
The comments appear to contradict the UKs policy on torture, affirmed as recently as yesterday by other Government officials."
EU: Croatia Enters Schengen Information System (Total Croatia News, link):
"Starting from today, the Croatian police and security services have access to the Schengen Information System (SIS) which will, according to Prime Minister Andrej Plenkovic, increase the efficiency and credibility of the Croatian police and security services which cooperate with partner countries, reports Vecernji List on June 27, 2017.
The Schengen Information System was presented on Tuesday to Croatian Prime Minister, the Interior Minister and the press at the Bregana border crossing. This is considered a significant step in meeting the criteria for Croatia's entry into the Schengen Area.
The information system enables access to the primary tool for cooperation with the Schengen Area police forces. About 200,000 wanted persons, vehicles, documents and objects are found annually through this system. It contains more than 70 million data that countries with access rights can search and check. The implementation of the scheme in Croatia was financed by the European Union funds in the amount of five million euros."
EU cash underpins record international sales for security and defence multinational GMV
A bevy of EU contracts has underpinned record international sales growth for multinational security and defence corporation GMV, which works with Frontex on the Eurosur border surveillance system, with the European Maritime Safety Agency on maritime surveillance drones, and receives funding from various projects supported by the EU's research and development programes, amongst other sources of income.
The open society and its contradictions (Global Labour Column, link) by Stephan Lessenich:
"The openness of liberal democracy is part and parcel of the Western worlds self-description. However, this openness has always been functionally dependent on building effective shields against the outer world. While the rising prosperity of the advanced capitalist societies rested on, among other things, the establishment of a free trade regime systematically biased towards their own economic interests, the institutionalisation of social peace in the relations between capital and labour was actually an effect of exporting social unrest to the peripheries of the capitalist world system. And democracy itself was effectively stabilised by redistributing substantial parts of a hitherto unknown dynamic of economic growth a dynamic resulting from the steady rise in productivity of a capitalist economy which was structurally able to externalise large parts of the social and ecological costs of its mode of production onto third parties, specifically the labouring classes and the natural environments of the so-called developing countries."
EU effort to halt migrants founders in Libya's chaos (Reuters, link):
"When Libya's coastguard received the first of a long-awaited batch of patrol boats from Italy last month, two of the four vessels still had mechanical problems and one broke down on the way to Tripoli.
As Italy's interior minister later flew in to present the boats officially at a naval base in the Libyan capital, coast guards grumbled that the vessels were old and had little deck space for rescued migrants.
"They want us to be Europe's policeman. At the same time, that policeman needs resources," said naval coastguard spokesman Ayoub Qassem. "I challenge anyone to work in these conditions." "
EU: Rise in Cybercrime Ups Demand for Mobile Biometric Security and Services (TMR, link):
"In a report titled Mobile Biometric Security and Services Market Global Industry Analysis, Size, Share, Trends, Analysis, Growth, and Forecast 2017 2025, TMR Research finds that growing awareness about the benefits of biometric technology and the soaring use of smartphones across the globe are mainly responsible for the rapid expansion of this market.
The various technologies involved in mobile biometric security and services include voice recognition, embedded fingerprint sensors, facial recognition, iris scans, and fingerprint recognition. Of these, fingerprint recognition is perhaps one of the most commonly used method of biometrics used in a wide range of applications.
The global market for mobile biometric security and services can be geographically segmented into North America, Europe, Asia Pacific, and Rest of the World. North America accounts for a major share in the overall market, with Europe also emerging as a key contributor toward the global revenue. Factors such as rising government initiatives and favorable policies to improve homeland security, to tackle cybercrime, and to enhance the security infrastructure of various connected mobile devices have been benefitting the North America and Europe markets for mobile biometric security and services. In addition to this, the easy availability of services such as mobile payments and e-passport is also supporting the mobile biometric security and services market in these regions."
DENMARK: Government party wants to punish NGOs for saving refugees crossing the Mediterranean (Copenhagen Post, link):
"The government party Venstre wants to strip Danish aid funds from NGOs that take part in rescuing migrants and refugees trying to cross the Mediterranean via boat.
Venstres spokesperson on immigration issues, Marcus Knuth, follows the line set by the EU border agency Frontex, which has also criticised NGOs for funding or taking part in rescue missions.
I agree strongly with the criticism. Aid organisations create a greater incentive to take the dangerous journey across the Mediterranean Sea, and I look upon that gravely, Knuth told Berlingske newspaper.
So we should look at where these organisations get their funds from, and if it comes from Denmark, we should strongly reconsider continuing to give them support."
UK: ARMING THE POLICE? Police chiefs to discuss offering guns to all frontline officers (The Guardian, link):
"Police chiefs will consider the possibility of offering a gun to every frontline police officer in England and Wales, to counter the threat of a marauding terrorist attack, the Guardian has learned.
A discussion paper on the subject has been drawn up for the next meeting of the National Police Chiefs Council (NPCC), which wants to look at how to boost armed police numbers to deal with a crisis, following the atrocities in Manchester and London.
The paper is intended to start a debate on the issue among police leaders at the two-day meeting that starts on 12 July although it is thought at this stage unlikely that any wider arming will be agreed upon. Routine arming is controversial within policing and many do not support it."
See: Should We Arm More Police? Serving Officer Has "Mixed Mind" (LBC, link):
"Christopher, who is not an armed officer, told Ian "theres only a handful of officers I know that want to be routinely armed."
"If you start arming the police - how many times are we going to be criticised for pulling the trigger and how many time are we going to be criticised for not pulling the trigger?""
EU: Informal Justice and Home Affairs Council: 6-7 July 2007, in Tallinn, Estonia: Press release (pdf): Includes:
Two sessions on:
In this session two interlinked issues are addressed. Firstly, the ministers are invited to share their views on how to continue discussions on the application of responsibility and solidarity in the common migration management system. After that, the discussion will be focused on return policy as one of the key pillars of a comprehensive migration management system. The ministers will discuss possible measures to improve the return of irregular migrants from the Schengen area to their home countries, in order to reduce overall migration to the EU...."
Ministers will discuss how EU databases in the areas of security, border and migration management, and criminal justice could be made interoperable, so as to make the best possible use of all the available information. The overall aim would potentially be to deliver better security and safety to EU citizens. Another area to be discussed is whether the role of eu-LISA should be strengthened in regard to research and development, so that technological innovation could be introduced more quickly, while increasing the value for end users, improving data protection and reducing costs." [emphasis added throughout]
See: Commission wants a quick march to interoperable, centralised EU databases by 2020 (Statewatch) and EU wastes no time welcoming prospect of Big Brother databases (Statewatch)
Ministers will exchange views on possible options for data retention for the purpose of prevention and prosecution of crime."
Comment: The JHA Council is still trying to find ways around the judgments of the Court of Justice of the European Union on the necessity and proportionality of mass data retention which it wants limited to terrorism and serious crimes (not crime in general).
UK: European Court of Human Rights finds UK in breach of Article 5 over unlawful detention of Zimbabwean national (gardencourtchambers.co.uk):
"The applicant, S.M.M., is a Zimbabwean national who lives in London. Relying on Article 5 § 1 (f) (right to liberty and security) of the European Convention, he claimed that he had been detained unlawfully between November 2008 and September 2011. He was detained during that time on the basis that he was awaiting deportation from the UK. In September 2011, he was released on bail and one year later he was granted asylum in the country."
See: Judgment (pdf)
Why exactly were the police spying on Jeremy Corbyn? (Guardian, link):
"Undercover officers are alleged to have monitored the Labour MP for two decades.....
The Telegraph article was based on the testimony of an unnamed former police officer who was quoted as saying that Corbyn was monitored because he was deemed to be subversive....
Two years ago, Francis gave an on-the-record account of how police had spied on Corbyn and a string of other Labour politicians even after they had been elected to the House of Commons. Francis said he had read secret files on 10 MPs while he worked for the Metropolitan polices special branch in the 1990s. These included Harriet Harman, Peter Hain and Diane Abbott. "
And see: Rod Richardson: #spycop was used to undermine protest (undercoverresearch.net, link):
"we publish the profile of Rod Richardson, the undercover officer active as an environmental, anarchist and animal rights protestor between 1999 and 2003 in Essex, London and Nottingham. Richardson was exposed on Indymedia UK and in The Guardian in 2013 and confirmed as a spycop in December 2016."
European Council: Press release: European Council conclusions on security and defence, 22/06/2017 (pdf):
See: EU flexes military muscles with new defense plan (Reuters, link): "European Union leaders launched their the most ambitious defense plan for decades on Thursday, agreeing a multi-billion-euro weapons fund, shared financing for battlegroups and allowing a coalition of the willing to conduct more missions abroad." And see: 'Historic' defence plan gets launch date at EU summit (euobserver, link)
UK: Probe launched as young father dies after being detained by police in east London (Evening Stardard, link):
"The police watchdog has launched an investigation as a young man died in hospital after being detained by police in east London.
Family of Edir Frederico Da Costa, known by friends as Edson, allege he was brutally beaten after officers stopped him in Newham on June 15. They said the 25-year-old had his neck broken and suffered head and other injuries after he was stopped in a car, containing three people, by Met officers."
And see: Demonstrators confront police in east London over Da Costa death (Guardian, link): "Riot police were called to angry scenes at Stratford bus station after Edson Da Costa, 25, died in hospital following arrest."
Uncovering Lisbons Forgotten History of Slavery (Black Perspectives, link):
"By all accounts, the Portuguese capital of Lisbon is a strikingly beautiful city, butlike so many entrepôt Mediterranean cities of its kindit is one built on blood. Beginning in the fifteenth century, the Portuguese launched what would become the modern slave trade off the coast of West Africa that eventually spawned the terror of the Middle Passage. Lisbon quickly became the center of slavery in Portugal itself, where wealthy Portuguese families and traders purchased enslaved Africans to work the opulent homes and bustling docks along the Tejo River....."
EU: EUROJUST: Foreign Terrorist Fighters: Eurojusts Views on the Phenomenon and the Criminal Justice Response: Fourth Eurojust Report: Summary of Main Findings (pdf):
"This paper presents a summary of the main findings of the fourth Eurojust report, Foreign Terrorist Fighters: Eurojusts Views on the Phenomenon and the Criminal Justice Response (the report) of November 2016. The objective of the report is to present Eurojusts findings on the evolution of the EU criminal justice response to FTFs."
Social media giants step up fight against extremist content (euractiv, link):
"Social media giants Facebook, Googles YouTube, Twitter and Microsoft said on Monday (26 June) they were forming a global working group to combine their efforts to remove terrorist content from their platforms.....
The Global Internet Forum to Counter Terrorism will formalise and structure existing and future areas of collaboration between our companies and foster cooperation with smaller tech companies, civil society groups and academics, governments and supra-national bodies such as the EU and the UN, the companies said in a statement."
UK visitors to pay into EU budget after Brexit (euobserver, link):
"British nationals may end up paying into the EU general budget after the UK leaves the European Union.
An EU proposal to tighten border security controls for all visa-free travellers sometime in 2020 will be generating cash by demanding fees from holidaymakers. The fees will pay for annual running costs."
Perils of Back Door Encryption Mandates - Five Eyes Nations Should Support, Not Threaten, Digital Security (HRW, link):
" The governments that constitute the intelligence partnership known as The Five Eyes, will meet on June 26-27, 2017, in Ottawa to discuss how to bypass encryption. The governments may pursue a dangerous strategy that will subvert the rights and cybersecurity of all internet users."
Refugee crisis: latest news from across Europe (21-26.6.17)
ITALY: Italian police tortured Genoa G8 protesters, ECHR rules for the second time
The European Court of Human Rights has ruled that 42 demonstrators were tortured by Italian police officers during protests againts the Genoa G8 summit in 2001, following a seperate ruling in 2015 that reached the same conclusion.
FRANCE: Petition calls on French president to end the detention of migrant children
La Cimade, with Réseau Education sans frontières (RESF), Ligue des droits de lHomme (LDH), Anafé, MRAP, Syndicat des avocats de France (SAF), France terre dasile and ASSFAM has launched a petition calling on the new French president, Emmanuel Macron, to put an end to child migrants' detention.
UK: Police set to step up Taser training (Swindon Advertiser, link):
"WILTSHIRE Police is offering voluntary training to any officers who wish to be trained to use a Taser.
Police forces around the country have been responding to the Metropolitan Polices lead in increasing the number of officers trained to carry Tasers.
Chief Constable Mike Veale says that although Wiltshire is one of the safest counties in the country, it still faces a rise in violent crime and the threat of terrorism remains very real throughout the UK.
The Police Federation of England and Wales has demanded that forces around the country equip police with the devices, after Met Commissioner Cressida Dick revealed 1,867 additional officers would be Taser trained, bringing the total number of officers in the capital trained and carrying Tasers to over 6,400.
Wiltshire Police currently has 160 Tasers."
EU: E-smuggling: Europol steps up efforts against online-assisted migrant crossings (Matthias Monroy, link):
"According to the EU police agency, in the past year 17,459 people operated as human traffickers. In the majority of cases, refugees and their facilitators communicate using Facebook or Telegram. Seizing of electronic evidence is thus to take on a greater role in investigations.
Last year, the EU police agency Europol received reports of 1,150 social media accounts apparently used by refugees to facilitate their entry into or travel through the European Union. This information is based on figures (PDF) published by the European Migrant Smuggling Center (EMSC) at Europol for 2016. The number of incriminated accounts in 2015 was just 148."
And see: Statewatch Analysis: Policing the internet: from terrorism and extremism to content used by traffickers to attract migrants and refugees (pdf, March 2016) by Chris Jones
EU members abstain as Britain defeated in UN vote on Chagos Islands (The Guardian, link):
"The UK has suffered a humiliating defeat at the United Nations general assembly in a vote over decolonisation and its residual hold over disputed territory in the Indian Ocean.
By a margin of 94 to 15 countries, delegates supported a Mauritian-backed resolution to seek an advisory opinion from the international court of justice (ICJ) in The Hague on the legal status of the Chagos Islands.
A further 65 countries abstained on Thursday, including many EU states who might have been expected to vote in support of another bloc member.
Among EU members who abstained were France, Germany, Spain, Denmark, Belgium, the Netherlands, Estonia, Latvia, Greece and Finland. Canada and Switzerland also abstained."
See: Resolution adopted by the General Assembly on 22 June 2017: Request for an advisory opinion of the International Court of Justice on the legal consequences of the separation of the Chagos Archipelago from Mauritius in 1965 (pdf)
Prison overcrowding in the EU concerns MEPs (New Europe, link):
"MEPs have taken a stance against prison conditions in the European Union by expressing concerns of overcrowding during the Civil Liberties Committee meeting on Wednesday, June 21, 2017.
During the session, MEPs expressed their concern with the high levels of overcrowding in detention centers in some of the EU member states. MEPs also encouraged the national authorities to utilize alternatives, such as home detention, community service work, and electronic bracelets should be prioritized for those who are not a danger to society and that imprisonment should be used conservatively."
See the most recent Council of Europe statistics: Prison statistics for 2015: overcrowding still a problem (Statewatch News Online, 11 April 2017)
INDIA: BIOMETRICS: India's fintech marvel acquires an Orwellian tinge (Reuters, link):
"India's enthusiasm for its biometric identity database has gone into overdrive. Citizens are being pushed to link their 12-digit Aadhaar number, which captures fingerprints and iris scans, to everything from school enrollments to air ticket purchases. That points to the rise of a surveillance state.
Aadhaar, which means "foundation", was launched in 2009 and covers more than 1.1 billion people. It goes beyond social security schemes in the United States and the United Kingdom, partly to solve developing-country problems like the low registration of births.
But Aadhaar is now going further than what is obviously useful. In the latest example, bank accounts will cease to function if Indians do not provide their identity number. The scheme, once touted as voluntary by its champion Nandan Nilekani, a founder of IT giant Infosys, looks less and less so."
EU human rights chief: Civil society will push back the rise of extremism (EurActiv, link):
"We have been talking about challenges in civil society and the so-called shrinking civil society space for years but we have been looking outside Europe. And we overlook the extent to which we also have problems within the EU.
The record is uneven across EU member states but we see five different types of pressure on civil society. In the first place, we have challenges thrown up by the regulatory environment, for example, when anti-terrorism law creates problems for the gathering of civil society groups like legitimate demonstrations in the streets. Secondly, we see quite serious problems with regards finance and funding and there are many problems here, the issue in Hungary is the most recent and dramatic but there are many forms of funding issues, such as removing human rights advocacy from charitable status for purposes of the taxation laws.
A third area is access to the decision-making process..."
UK Justice Policy Review: Volume 6 (Centre for Crime and Justice Studies, link):
"The sixth in an annual series by the Centre for Crime and Justice Studies, supported by The Hadley Trust, assessing year-on-year developments in criminal justice across the UK.
Combining analysis of the main developments with key data on issues such as spending, staffing and the numbers going through the criminal justice system, UK Justice Policy Review (UKJPR) offers an accessible overview of UK-wide developments.
The 13 month period covered by this edition of UKJPR is bookended by two notable political events. At one end is the May 2015 General Election, which returned the first majority Conservative UK government for nearly two decades. At the other is the June 2016 referendum on the UKs membership of the European Union, which inaugurated a new period of politics and policymaking, distinctive in many ways from that which preceded it.
This edition of UKJPR is concerned with assessing and explaining criminal justice developments across the UKs four nations and regions England, Wales, Scotland, and Northern Ireland between these two events. Developments between the Brexit Referendum and the 2017 General Election are covered in UKJPR 7, due out in early 2018."
EU: Strengthened EU rules to tackle money laundering, tax avoidance and terrorism financing enter into force (European Commission press release, pdf):
"The Juncker Commission has made the fight against tax avoidance, money laundering and terrorism financing one of its priorities.
Today, the Fourth Anti-Money Laundering Directive enters into force. It strengthens the existing rules and will make the fight against money laundering and terrorism financing more effective. It also improves transparency to prevent tax avoidance. This entry into force comes as discussions with the European Parliament and the Council on extra measures further reinforcing the Directive are already at an advanced stage.
Today the Commission also publishes a report which will support Member State authorities in better addressing money laundering risks in practice. As required by the new directive, the Commission assessed the money laundering and terrorist financing risks of different sectors and financial products. The report published today identifies the areas most at risk and the most widespread techniques used by criminals to launder illicit funds."
See: Report from the Commission to the European Parliament and the Council on the assessment of the risks of money laundering and terrorist financing affecting the internal market and relating to cross-border activities (COM(2017) 340 final, pdf) plus: Annex 1 and Annex 2 (pdfs)
See also: Commission Staff Working Document: On improving cooperation between EU Financial Intelligence units (SWD(2017) 275 final, pdf)
German parliament votes to cut funding to extremist parties (EurActiv, link):
"Germanys parliament has changed the constitution so that extremist parties can no longer claim government funds. Critics call that undemocratic, but lawmakers say Germanys political system is entitled to defend itself.
A majority of 502 of 579 delegates in the German Bundestag voted yesterday (22 June) in favor of amending the countrys constitution to deprive anti-democratic political parties of federal money. One of the first groups likely to be affected by the new rules is the far-right National Democratic Party (NPD), which received 1.1 million last year."
EU: Arrival of migrants in May: Numbers in Italy and Greece higher than month ago (Frontex, link):
"There were around 27 000 detections of illegal border crossings on the four main migratory routes into the EU in May. The total number of detections in the first five months of 2017 fell 75% from the same period of last year to 84 000, although the number of migrants arriving in Italy remained above the figures from a year ago."
EU-HUNGARY: Hungary is Taking European Values for a Ride (Human Rights Watch, link):
"Under Prime Minister Viktor Orban, the Fidesz government has repeatedly undermined the rule of law, as well as checks and balances of the executive through the courts, media, and civil society. This year those attacks have intensified, with a law aimed at shutting down a reputable academic institution, the Central European University, another to curb the work of foreign-funded nongovernmental groups inspired by Russias foreign agents law, and a third that doubles down on the countrys abusive border regime for asylum seekers.
Yet Fidesz membership of the EPP [European People's Party] has helped shield Hungary from meaningful European Union action by blocking resolutions in the parliament aiming to address serious rule of law and human rights concerns, despite the fact that the governments actions breach not only European values, but those of the EPP itself. Those values include respect for rule of law and human rights and encouraging a vibrant civil society.
By letting Fidesz take the country down an authoritarian path without any tangible consequences, the EU has signalled that other EU states can do the same.
If [Manfred] Weber [chair of the EPP] really wants to bring about positive changes both in Hungary and Poland he should urge EPP to reassess Fideszs membership in EPP, and consider expelling the party."
GERMANY: Data retention, video surveillance and state trojans: "surveillance state" measures under fire from politicians and NGOs
A swathe of new surveillance and security measures recently introduced by the German government are facing increasing criticism from politicians and civil society organisations, with legal challenges to new laws on data retention and video surveillance in the works
Facebook grows its counterterrorism team (CNN, link):
"There's a new in-demand job at Facebook: counterterrorism specialist.
Facebook (FB, Tech30) says it now has more than 150 people who are mainly focused on fighting terrorism on the social network, including a mix of academics, analysts and former law enforcement agents.
This team of specialists has "significantly grown" over the last year, according to a Facebook blog post Thursday detailing its efforts to crack down on terrorists and their posts.
"Really my job is how do we disrupt what the terrorists are trying to do and how do we get ahead of it," Brian Fishman, Facebook's counterterrorism policy manager, told CNN Tech."
UN: General Assembly approves creation of new UN Counter-Terrorism Office (UN News Centre, link):
"15 June 2017 The General Assembly today approved the establishment of a new United Nations office to help Member States implement the Organization's global counter-terrorism strategy.
Adopting a consensus resolution, the 193-nation body also welcomed Secretary-General António Guterres' initiative to transfer relevant functions out of the UN Department of Political Affairs (DPA) and into the new United Nations Office of Counter-Terrorism.
As a result, the Counter-Terrorism Implementation Task Force Office (CTITF) and the UN Counter-Terrorism Centre (UNCCT), currently in DPA, will be transferred to the new office, together with their existing staff and all associated regular and extra-budgetary resources. The new Office would he headed up by an Under-Secretary-General."
See the Resolution: Strengthening the capability of the United Nations system to assist Member States in implementing the United Nations Global Counter-Terrorism Strategy (pdf) and preceding report: Capability of the United Nations system to assist Member States in implementing the United Nations Global Counter-Terrorism Strategy (pdf)
EU: Border management going virtual (EUobserver, link):
"Internal security and migration are merging under the guise of border management as the EU seeks to tighten controls on who leaves and enters the bloc.
Krum Garkov, who heads the Tallinn-based EU agency that oversees large-scale IT systems, described the merger as a fundamental shift that will also make border controls virtual.
"Border management today is going through a very fundamental transformation," he said earlier this week at a conference organised by Forum Europe in Brussels.
His agency, known as eu-Lisa, is also set for an overhaul, with the European Commission floating a bill next week to beef up its mandate."
German police conduct nationwide raids against Reichsbürgers (Daily Sabah, link):
"German authorities have launched an investigation in 14 states in response to a growing number of hate crimes among far-right extremist groups and "Reichsbürger" terrorists on social media, the Federal Criminal Police Office (BKA) stated yesterday."
Change torture bill, CoE tells Italy (ANSA, link):
" The Lower House must change a bill against torture to bring it into line with international standards, Council of Europe (CoE) Human Rights Commissioner Nils Miuznieks said in a letter to parliamentary Speakers Laura Boldrini (House) and Pietro Grasso (Senate) Wednesday. Miuznieks voiced concern about the "profound differences" between the definition of torture ion the bill and that contained in various international treaties ratified by Italy, especially the UN's Convention against Torture.
The Senate approved the controversial bill introducing the crime of torture last month."
EU: European Council wants industry to develop automated censorship tools and "address the challenge" of encryption
- Draft conclusions for 22-23 June meeting also back multi-billion euro military research programme
- Migration: "Training and equipping the Libyan Coast Guard is a key component of the EU approach and should be speeded up"
UK: EU citizens in Britain to be asked to register for post-Brexit status (The Guardian, link):
"The government is preparing to announce a registration process for the estimated 3 million EU citizens living in the UK, as a first step towards regularising their legal status post-Brexit.
It is understood ministers will unveil plans inviting all EU citizens to officially register their interest in acquiring documentation allowing them to live and work in the country after 2019 when Britain is scheduled to leave the European bloc.
The government is hoping the stocktaking exercise will help it understand the scale of the demand for residency applications once Britain leaves the EU and prevent an overwhelming avalanche of applications on Brexit day."
EU: Say yes to human mobility and no to Fortress Europe (EurActiv, link):
"EU leaders will this week meet to agree, once more, on ways to keep migrants out of the EU. Out of sight may be out of mind but such a policy is only encouraging the deaths and suffering of tens of thousands of people, warns Leila Bodeux.
No walls, no human rights abuses, no coast guards or threat of return will stop desperate people from searching for a dignified life in Europe, no matter how deadly the attempt may be.
The time is ripe to anchor policies in facts and evidence, rather than in fear and quick fixes.
Europe has the moral duty and the material means to welcome, protect, promote and integrate people in need. There are plenty of tools to open efficient, safe and legal pathways to Europe, such as humanitarian visas, resettlement, community sponsorship, humanitarian corridors, and family reunification.
In these unsettling times, Europe can take strong global leadership and promote a fair and humane world by dismantling old, stiff Fortress Europe and by investing in a modern and dynamic, welcoming Europe that fosters human mobility.
This is the future."
UK: Women's prison population close to 4,000 after rapid twelve-month rise (Prison Reform Trust, link):
"The number of women in prison in England and Wales is in touching distance of 4,000 for the first time in four-and-a-half years. Ministry of Justice figures released last Friday show the female prison population currently stands at 3,994.
The latest edition of Prison: the facts (Bromley briefings summer 2017), published today and covered exclusively on this mornings edition of BBC Radio Four Womans Hour, shows an increase of 200 women in prison in the past year has pushed the female prison population towards this significant watershed after years of gradual but sustained decline in the numbers of women behind bars. The briefing highlights facts and figures which show the beleaguered state of our overcrowded prison system and the men and women in its care.
Some of the complex factors which may lie behind the growth in the women's prison population include a decline in the use of community orders, an increase in the use of suspended sentence orders, an increase in the number of women held on remand, an increase in the number of women sentenced to custody, and a rise in the number of women recalled to custody."
UK: Privatised probation service is failing prisoners
"Prisons and probation services are failing to meet the needs of newly released long-term prisoners, one in seven of whom end their sentence with no idea where they will spend their first night on the outside, according to a report which campaigners called "devastating"."
EU: The EU-Turkey Refugee Deal and the Not Quite Closed Balkan Route (Friedrich Ebert Stiftung, pdf) by Bodo Weber:
"The effect of the two measures [the closure of the Balkan route and the EU-Turkey deal] on the Balkan route has been threefold: First, the number of refugees and migrants moving along the route has dropped dramatically, but tens of thousands still succeed to transit; second, the route has been redirected, with the southern entry point shifting from the Greek islands to Bulgarias land border with Turkey; and third, the form of transit has shifted back to the use of smugglers. The three EU member states located at the southern entry (Bulgaria) and northern exit (Hungary, Croatia) of the Balkan route have reacted to the inability to completely close the route with intensified efforts of systematic push-backs of refugees and migrants. Bulgaria has done so with limited success, the other two have been more successful. The attempts to physically close the Balkan route, especially in the case of Hungary, have included changes to asylum legislation that, taken together with the physical push-backs, amount to the systematic violation of human rights and the systematic violation of domestic, EU and international laws and conventions and constitutes a departure from core EU values."
UK: Police seek to avoid accountability in Human Rights case over abusive relationships by undercover officers (Police Spies Out of Lives, link)
"In 2017, Kate Wilson became one of eight women who have won an historic apology from the Metropolitan Police over their relationships with undercover police. She is now taking the Metropolitan Police and the Association of Chief Police Officers to Court over human rights abuses she was subjected to by undercover officers. Ms Wilsons claim questions the legitimacy of such political policing in a democratic society, and the legality of the Regulation of Investigatory Powers Act (RIPA) that is used to authorise such operations.
Despite having withdrawn their defence in Ms. Wilsons Civil Claim, paying substantial compensation and issuing a personal apology  to Ms. Wilson acknowledging that these relationships were a violation of her human rights, the police have also stated that they intend to contest this claim, and are applying for it to be struck out."
Refugee crisis: latest news from across Europe (19-20.6.17) including: three shipwrecks on eve of World Refugee Day; pro-refugee protests in Madrid
EU: Council document outlines implementation of Europol/INTCEN recommendations against foreign fighters
In December 2016 a series of joint recommendations on dealing with foreign terrorist fighters were issued by Europol, the EU's policing agency, and INTCEN, the intelligence centre of the European External Action Service. A note sent to the Council of the EU's internal security committee (COSI) on 9 June outlines actions that are being taken to implementation the recommendations.
EU: Schengen: temporary internal border controls to be replaced with intensified police checks "across the entire territory"
The Council of the EU has begun to discuss ways to implement the European Commission's May 2017 recommendation for Member States to "intensify police checks across the entire territory, including in border areas," in the hope that the authorities "give precedence to police checks before deciding on the temporary reintroduction of border controls."
A painful record (Ekathimerini, link) by Pantelis Boukalas:
"Tuesday marks World Refugee Day. Although a plethora of heartfelt statements will come from official lips about the plight of millions of people who have been displaced from their homes, very little will reach the ears of the actual protagonists of this drama.
In any case, the figures released on Monday by the United Nations are enough to make you gasp: About 65.6 million people worldwide were forcibly displaced from their homes due to conflict or persecution by the end of 2016.
This is a painful record, which leaves an indelible mark on the face of humanity, especially considering that half of the refugee population is composed of children.
Sixty-five point six million people. With no freedoms, no rights, no future. This Europe which so touts its respect of human rights does not even respect the right of families separated by violence to reunite. Officials always find a way to bypass the rules or to turn a blind eye to the plight of these people, while at the same time bragging about their official signature at the bottom of agreements and protocols."
UK: Terrorism-related arrests and trials increase as number of far-right extremists reported to Prevent programme grows by 30%
The number of arrests for terrorism-related offences in the UK jumped to 304 in the year ending March 2017, an increase of 18% on the previous year, while the number of completed trials for terrorism-related offences completed in the same period increased by 55%, from 51 to 79.
The change "was driven by an increase in arrests of people from 'white' ethnic groups," according to the Home Office, while a report in The Independent has revealed that "the number of suspected far-right extremists flagged to the Governments key anti-terror programme soared by 30 per cent in the past year."
SERBIA: Thousands of refugees left stuck in limbo in Calais of the Balkans (The Herald, link):
"In recent months, Serbian authorities have tried to provide shelter, food and medical care to thousands of refugees from the Middle East, Asia and Africa camping within its borders.
But the newcomers do not want any of it. This country is quickly becoming the Calais of the Balkans, a reference to the northern French city where refugees live in limbo while awaiting either deportation, asylum or continuing their journeys in hope of landing in a more welcoming European country.
I tried to leave Serbia 17 times, said Jawad Afzali, 17, an Afghan who has lived for the past six months with 1,500 other Afghan, Iraqi and Pakistani migrants in abandoned warehouses and a tent village that sprung up behind the bus station."
UK: Number of people detained for longer than six months under Immigration Act powers increases by 10% (The Independent, link):
"The number of people detained under Immigration Act powers for longer than six months has increased by 10 per cent in the past year, statistics have revealed.
A total of 317 people were detained in immigration removal centres, short term holding facilities or pre departure accommodation for more than six months in the first quarter of 2017 a 10 per cent increase on the same quarter in 2016, when there were 287.
In the first quarter of 2017, 236 people were detained for between six months and a year, 69 between a year and 34 months and 12 between two and three years."
HUNGARY: Asylum in Hungary: damanged beyond repair? ECRE's call for states to end transfers to Hungary under Dublin and bilateral arrangements
"A legal note published today provides a succinct analysis of the most problematic aspects of the Hungarian asylum system and legal framework, and the most egregious human rights violations asylum seekers currently face in the country, including at its external border with Serbia.
It concludes that Hungarys legal framework, including alarming recent changes, puts rights at risk due to (1) the lack of access to asylum procedure (2) the application of safe third country concept to dublin returnees (3) the expansion of summary returns policy (4) inadequate reception conditions and automatic use of detention, and (5) increased risks of destitution.
Therefore, ECRE calls on all States not to transfer applicants for and beneficiaries of international protection to Hungary under the Dublin Regulation or any bilateral arrangements, and to assume responsibility themselves for the examination of these asylum claims."
See: Asylum in Hungary: damaged beyond repair? (link to pdf) and: SWITZERLAND: Court rules against sending asylum seekers to Hungary (Al Jazeera, link)
EU: Access to e-evidence: Inevitable sacrifice of our right to privacy? (EDRi, link):
"What do you do when human rights get in the way of tackling crime and terrorism? You smash those pillars of your democratic values the same ones you are supposedly protecting. Give up your right to privacy, it is a fair price to pay for the guarantee of your security! This is the mantra that, during the past decades, we have heard populist politicians repeat over and over again never mind that gambling with our rights actually helps very little in that fight.
One of the bargaining chips in the debate on privacy versus security is access to e-evidence.
The EU is working towards easing the access to e-evidence for law enforcement authorities. The plan of the European Commission is to propose new rules on sharing evidence and the possibility for the authorities to request e-evidence directly from technology companies. One of the proposed options is that police would be able to access data directly from the cloud-based services."
And see: Commission to present legal proposal on police access to cloud data; data retention discussion continues (Statewatch News Online, 9 June 2017)
USA: When a Computer Program Keeps You in Jail (New York Times, link):
"The criminal justice system is becoming automated. At every stage from policing and investigations to bail, evidence, sentencing and parole computer systems play a role. Artificial intelligence deploys cops on the beat. Audio sensors generate gunshot alerts. Forensic analysts use probabilistic software programs to evaluate fingerprints, faces and DNA. Risk-assessment instruments help to determine who is incarcerated and for how long.
Technological advancement is, in theory, a welcome development. But in practice, aspects of automation are making the justice system less fair for criminal defendants.
The root of the problem is that automated criminal justice technologies are largely privately owned and sold for profit. The developers tend to view their technologies as trade secrets. As a result, they often refuse to disclose details about how their tools work, even to criminal defendants and their attorneys, even under a protective order, even in the controlled context of a criminal proceeding or parole hearing."
Commission report on relocation: Does it know how many refugees there in Greece?
Commission ask "the Greek authorities to clarify the total number of migrants present on the mainland and the islands."
German police seek volunteers for facial recognition surveillance (DW, link):
"Police are recruiting subjects to test biometric recognition systems at a Berlin train station. Data protection advocates are wary, but police and volunteers say the pilot project will help fight crime."
COE: European countries must lift obstacles to reunification of refugee families (link):
"reunification is a fundamental part of the right to family life, which is protected by international human rights law. This right is particularly important for refugees in Europe. Because of the dangers they face at home, their only option to enjoy their right to family life is to bring their families to Europe. Regrettably, many European countries are limiting refugees access to this right through restrictive measures which are unjust, unlawful and cause immense hardship for refugees and their families.
This has to change, says today Nils Muinieks, Council of Europe Commissioner for Human Rights, while releasing a report which aims at helping Council of Europe member states adopt a more humane and human rights oriented policy on family reunification for refugees and beneficiaries of international protection."
See: Issue Paper (pdf) and Summary (pdf)
European Parliament: Draft Opinion of the Committee on Legal Affairs for the Committee on Civil Liberties, Justice and Home Affairs on the proposal for a regulation of the European Parliament and of the Council concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications) (pdf): Rapporteur: Axel Voss:
"The rapporteur does not welcome the proposal concerning the respect for private life and the protection of personal data in electronic communications (ePrivacy Regulation).
All the aims of the creation of a digital single market (growth, promoting innovation, boosting Europes IT-based economy, the free flow of data, and promotion of SMEs) will not be attained, and in some cases indeed the very opposite of what is intended will be brought about. Many existing business models would be outlawed by this." [emphasis in original]
VENICE COMMISSION: Hungarian law on foreign-funded NGOs - despite amendments - still raises Venice Commission concerns (link):
"The European Commission for Democracy through Law (the Venice Commission) today adopted an opinion clarifying its preliminary opinion on the previous Draft Law on the Transparency of Organisations Receiving Support from Abroad of Hungary.
In the clarification, the Council of Europe expert body expressed the view that the law, passed this week, only partly satisfies the preliminary opinions main recommendations."
See: Preliminary Opinion on the draft law on the transparency of organisations receiving support from abroad (pdf)
CoE: Europe and migration to take centre-stage at the Summer Session (link):
"Europe and migration will be one of the central themes of the Council of Europe Parliamentary Assembly (PACE) Summer plenary session, to be held in Strasbourg from 26 to 30 June 2017.
Four reports will be debated on Wednesday 28 June, focusing on the humanitarian and political response to the migration crisis, the human rights implications of the European response to transit migration, migration as an opportunity for European development and the integration of refugees in times of critical pressure."
EU: Schengen Information System (SIS): Returns, Border checks and discrete checks
SIS AND RETURNS: Draft Regulation on the use of the Schengen Information System for the return of illegally staying third-country nationals - Draft compromise text (LIMITE doc no: 9592-17, pdf): Council developing its negotiating position: Footnotes with Member State positions:
"General scrutiny reservations on this instrument are pending from AT, BE, BG, CZ, DE, DK, EL, FI, HU, IT, LT, NL, PL, PT, SE, SI, SK and UK. Parliamentary reservations are pending from DE, PL, SE and UK. Reservations on specific provisions are indicated in footnotes."
SIS AND BORDER CHECKS: Proposal for a Regulation of the European Parliament and of the Council on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks... draft compromise text (LIMITE doc no: 9593-17, pdf): Council developing its negotiating position: 73 Footnotes with Member State positions:
"General scrutiny reservations on this instrument are pending from AT, BG, CZ, DE, FI, HU, IT, LT, NL, PL, PT, SE, and SI. Parliamentary reservations are pending from DE and PL. Reservations on specific provisions are indicated in footnotes."
SIS AND "DISCRETE" CHECKS: Regulation on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters.... - draft compromise text regarding alerts on persons and objects for discreet checks, inquiry checks or specific checks (Articles 36 and 37) (LIMITE doc no: 9594-17, pdf): Council developing its negotiating position: 98 Footnotes with Member State positions:
"General scrutiny reservations on this instrument are pending from AT, BG, CZ, DE, FI, HU, IT, LT, NL, PL, PT, SE, SI and UK. Parliamentary reservations are pending from DE, PL and UK. Reservations on specific provisions are indicated in footnotes.....
Article 2: Scope
This Regulation establishes the conditions and procedures for the entry and processing in SIS of alerts in respect of third-country nationals, the exchange of supplementary information and additional data for the purpose of refusing entry into and stay on the territory of the Member States." [emphasis added]
EU: Potential expansion of Eurodac database scope raises data protection concerns (ECRE Bulletin, link):
"The Civil Liberties, Justice and Home Affairs (LIBE) Committee of the European Parliament has adopted a report on the European Commission proposal to recast the Eurodac Regulation. It outlines a wide expansion of the scope of the Eurodac database that raises strong concerns about data protection.
These measures have raised serious concerns about asylum seekers right to data protection from a number of actors and organisations including ECRE, the European Data Protection Supervisor and the Meijers Committee."
See European Parliament: Civil Liberties Committee position on recast Eurodac Regulation and the Council's position (LIMITE doc no: 10079-17,pdf) going into trilogue meetings..
Refugee crisis: latest news from across Europe (15-18.6.17)
EEAS Discrimination? (New Europe, link):
"n an unprecedented, yet exemplary case of discrimination, the European External Action Service has treated two Access to Documents requests filed by different parties for the same documents inconsistently, in one case providing access to a requested document for one party and not the other!
New Europe has been investigating for months now, the case of the purchase made by the EEAS of the residence for the Head of Delegation in Albania. ..."
EU: Passenger Name Record (PNR): Meijers Committee: Note on the EU law aspects of PNR in public transport pdf)
"The note concludes that the Meijers Committee is not convinced that national instruments extending the scope of application of PNR rules beyond the air transport sector would be in accordance with all requirements of EU law. This being said, the note also specifies the main issues that should, in any event, be resolved in the decision making process."
See: Putting the PNR pieces in place: more EU funding for mass surveillance (March 2016) and: EU-USA: PNR Directive: USA offers a helping hand to EU air travel surveillance and profiling efforts
WikiLeaks Reveals How the CIA Could Hack Your Router (Wired, link):
"Your Wi-Fi router, sitting in the corner of your home accumulating dust and unpatched security flaws, provides an attractive target for hackers. Including, according to a new WikiLeaks release, the CIA.
On Thursday, WikiLeaks published a detailed a set of descriptions and documentation for the CIA's router-hacking toolkit. It's the latest drip in the months-long trickle of secret CIA files it's called Vault7,..."
See: Vault 7: Projects (Wikileaks, link)
Europol: TE-SAT: Terrorism: Situation and Trend Report 2017 (8MB, pdf):
Largely concernng Spain, Italy and Greece: "Left-wing and anarchist activities included riots, arson attacks and attacks with explosives, criminal damage and spreading propaganda."
And: "Migration and the perceived threat from Islamisation are key topics on the agenda of right-wing extremists....
Germany stated that after the investigation into the National-Sozialistischer Untergrund (NSU, National Socialist Underground) in 2011, additional investigations into groups such as the Old School Society in 2015 and Gruppe Freital (Freital Group) in April 2016 demonstrated that the formation of right-wing terrorist structures cannot be excluded."
EU-USA: Joint EU-U.S. press statement following the EU-U.S. Justice and Home Affairs Ministerial Meeting, Valletta, 16 June 2017 (Press release, pdf) Includes:
"The European Union and the United States of America agreed on the importance of advancing towards reciprocal visa free travel under their respective legal frameworks. Both sides endorsed a cooperative approach to assisting Bulgaria, Croatia, Cyprus, Poland and Romania in advancing more rapidly towards the fulfillment of the requirements for designation in the U.S. Visa Waiver Program, consistent with U.S. law."
Comment: This has been in the agenda and unresolved for years.
"Both sides welcomed the entry into force of the EU-U.S. Data Protection "Umbrella" Agreement and reiterated their commitment to ensure its full implementation."
Comment: The exchange of personal data agreement - remains to be seen how much redress there will be for EU citizens under the USA Judicial Redress Act. The Agreement covers all crimes however minor.
A new item: "The discussion further covered the implementation of the U.S.-EU Mutual Legal Assistance Treaty and the question of access by law enforcement authorities to electronic evidence."
Comment follows new initiatives in the EU access data/files for electronic evidence, which in the EU could includes material gathered under an EIO (European Investigation Order) using remote access - prior to charges being brought. See: Commission: Improving cross-border access to electronic evidence: Findings from the expert process and suggested way forward (9543/17, 22 May 2017, pdf) and Council follow-up: Improving cross-border access to electronic evidence - findings from the expert process and suggested way forward (9677/17, 29 May 2017, pdf)..
EU: Court of Justice in the European Union (CJEU): Making available and managing an online platform for sharing copyright-protected works, such as The Pirate Bay, may constitute an infringement of copyright (Press release, pdf):
"Even if the works in question are placed online by the users of the online sharing platform, the operators of that platform play an essential role in making those works available.
Ziggo and XS4ALL are internet access providers. A significant number of their subscribers use the online sharing platform The Pirate Bay. This platform allows users to share and upload, in segments (torrents), works present on their computers1. The files in question are, for the most part, copyright-protected works in respect of which the rightholders have not given the operators or users of that platform consent to share those works.
Stichting Brein, a Netherlands foundation which safeguards the interests of copyright holders, has brought proceedings before the courts in the Netherlands seeking an order that would require Ziggo and XS4ALL to block the domain names and IP addresses of The Pirate Bay.
See: Judgment (pdf)
European Parliament Briefings: Uncritical but useful summaries prepared for High-level Conference on migration management 21 June 2017:
What has the European Union done in the field of migration since 2014? (pdf)
European Parliaments positions on key issues related to asylum and migration (pdf)
Study: The impact of Brexit in relation to the right to petition and on the competences, responsibilities and activities of the Committee on Petitions (pdf):
"first looks at the changes that Brexit will determine in relation to voting rights, the right to petition, the right to apply to the European Ombudsman and the European Citizens Initiative. It then focuses at length on the way Brexit will affect UK citizens in the EU-27, and EU citizens living in the UK. In this respect, it considers challenges and risks for both citizens who have resided in the EU-27 or the UK for less than 5 years, and for those who have already acquired the right to permanent residence at the time of Brexit."
Briefing: Smart Borders: EU Entry/Exit System (June 2017, pdf):
"Under the new proposal, the current system of manual stamping of passports would be replaced by automation of certain preparatory border control procedures. The system would be interconnected with the Visa Information System (VIS) database and used by the same authorities: border control and consular posts. Moreover, it would allow law enforcement authorities to perform restricted queries in the database for criminal identification and intelligence to prevent serious crime and terrorism."
UK: Jermaine Baker shooting: Firearms officer will not be charged (BBC News, link):
"A Met Police firearms officer will face no charges over the shooting of a man who was killed in a botched attempt to free a prisoner, prosecutors said.
Jermaine Baker was killed in London by armed officers in December 2015.He was with two other men in a car near Wood Green Crown Court who had intended to help spring an inmate from a prison van. Firearms officers were deployed to foil the plan and the 28-year-old was shot dead during the escape attempt."
And: Police officer who shot 'gangster' Jermaine Baker during failed prison van escape to face 'no action' (Mirror, link) and also: CPS statement on the fatal shooting of Jermaine Baker (Crown Prosecutiion Service, link)
Hungarian NGOs embrace civil disobedience (Hungarian Spectrum, link):
"I dont think anyone was surprised when two days ago the Hungarian parliament with its overwhelming, almost two-thirds Fidesz majority passed a law imposing strict regulations on foreign-funded non-governmental organizations. The law bears a suspicious resemblance to the 2012 Russian law that required groups that received funds from abroad to identify themselves as foreign agents. The Hungarian version is somewhat more lenient. The targeted NGOs dont have to call themselves foreign agents, but they must bear the label that they are the recipients of foreign funds, which can be considered a stigma....
Only a few hours after the enactment of the civic law, TASZ announced that it will not obey the law, i.e. it will not register as the law demands because this is the most effective way of combating this unconstitutional law. According to TASZ, the law violates the freedoms of speech and association and unlawfully differentiates among civic organizations."
May And Macron's Ridiculous Adventure In Censoring The Internet (Techdirt, link):
"apparently they agree on one really, really bad idea: that it's time to massively censor the internet and to blame tech companies if they don't censor enough. We've been explaining for many years why this is a bad idea, but apparently we need to do so again...."
France's Macron to end state of emergency, but keep its anti-terror powers (France24, link):
"President Emmanuel Macrons government wants to end a 14-month 'state of emergency' in France, but at the same time integrate several of its exceptional anti-terrorism powers into common law, alarming judges and civil liberty groups."
And: Macron's security law plan under fire as state of emergency criticised (RFI, link): "The Constitutional Council found that the state of emergency gives too much power to prefects representatives of the state in a department or region to ban individuals seeking to obstruct the authorities activities from certain places at certain times and said that it should be amended to protect individual freedoms."
See also: France's Macron says new anti-terrorism law to respect public freedoms (Reuters, link)
UK: How BAE sold cyber-surveillance tools to Arab states (BBC News, link):
"A year-long investigation by BBC Arabic and a Danish newspaper has uncovered evidence that the UK defence giant BAE Systems has made large-scale sales across the Middle East of sophisticated surveillance technology, including to many repressive governments.
These sales have also included decryption software which could be used against the UK and its allies.
While the sales are legal, human rights campaigners and cyber-security experts have expressed serious concerns these powerful tools could be used to spy on millions of people and thwart any signs of dissent."
And see: BAE 'secretly sold mass surveillance technology to repressive regimes' (Guardian, link): "Documents reveal official concerns that deal with countries including Saudi Arabia could put UK security in danger, says BBC..."
EU: European Parliament Study: Children On the Move: A Private International Law Perspective (pdf):
"The childs best interests are a primary consideration under international and EU law. EU migration and private international law frameworks regulate child protection, but in an uncoordinated way: the Dublin III and Brussels IIa Regulations are neither aligned nor applied coherently.
This should change. In particular, the rules and mechanisms of Brussels IIa should be used to enhance the protection of migrant children. These include rules on jurisdiction to take protective measures, on applicable law, and on recognition and enforcement of protective measures, and mechanisms for cross-border cooperation between authorities."
EU: Commission: latest reports on the refugee crisis and "returns" to Turkey
- Czech Republic, Hungary and Poland face infringement proceedings
- Greece: Arrivals outpace returns to Turkey
- Next steps - dodgy figures or wishful thinking?
Refugee crisis: latest news from across Europe (14.6.17) including: Germany offers millions to Libya, Swiss court halts returns to Hungary
Hungarian parliament approves "unecessary, stigmatising and harmful" law on NGOs receiving funds from abroad
On Tuesday 13 June the Hungarian parliament approved the 'Law on the Transparency of Organisations Receiving Foreign Funds' that requires non-governmental organisations (NGO) receiving more than 24,000 in direct or indirect funding from abroad to register as "civic organisations funded from abroad". The Civilizáció coalition of Hungarian NGOs condemned the law as "unecessary, stigmatising and harmful" and "a new step in a longer process that aims at fully discrediting civil society organisations."
UN report on Libya: serious abuses against migrants, "concerns" over vetting of coastguard members trained by EU
"The Final Report of the Panel of Experts on Libya... discusses links between armed groups, criminal groups, and different coast guard factions, including involvement by coast guard factions in migrant smuggling and coast guard factions shooting at or sinking migrant boats operated by competitors. The report makes clear that after interception at sea, migrants are often beaten, robbed and taken to detention centres or private houses and farms where they are subjected to forced labour, rape and other sexual violence.
The report questions whether any of the coast guard factions are under the control of the Government of National Accord and questions the vetting of the coastguard trainees who are receiving training from EUNAVFOR MED. This information is further reason for the EU and EUNAVFOR MED to immediately suspend all collaboration with the Libyan coast guards and navy."
EU: Relocation: Commission launches infringement procedures against the Czech Republic, Hungary and Poland (press release, pdf)
"The European Commission has today launched infringement procedures against the Czech Republic, Hungary and Poland for non-compliance with their obligations under the 2015 Council Decisions on relocation.
Despite the Commission's repeated calls for action, these three countries remain in breach of their legal obligations and have shown disregard for their commitments to Greece, Italy and other Member States.
The Council Decisions require Member States to pledge available places for relocation every three months to ensure a swift and orderly relocation procedure. Whereas Hungary has not taken any action at all since the relocation scheme started, Poland has not relocated anyone and not pledged since December 2015. The Czech Republic has not relocated anyone since August 2016 and not made any new pledges for over a year"
And see: EU opens legal case against Warsaw, Budapest and Prague over migration (Reuters, link)
NGO says Israels biometric database law an infringement of privacy rights (Biometric Update, link):
"The Digital Rights Movement has filed a request to Israels High Court to block the state from a public campaign to convince the public to sign up for smartcard identification and the countrys biometric database.
According to a report in The Jerusalem Post this court action is a part of the NGOs broader campaign to get the new biometric database law struck as an unconstitutional infringement of privacy rights, asserting that the campaign is designed to fool the public into signing up for all aspects of the biometric database, even though the public has the right to refuse giving over their fingerprints.
From the outset, there have been concerns raised about privacy rights and risks of identity and personal information theft but defenders of the law say the final version reflects a number of compromises to address privacy concerns."
Transnational terrorism focus of INTERPOL meeting (INTERPOL, link):
"ATHENS, Greece An international counter-terrorism meeting has been held in Athens under the auspices of INTERPOLs Project Nexus to review regional and global trends on the activities and movement of returning Foreign Terrorist Fighters (FTFs).
The three-day (6 8 June) INTERPOL Project Nexus Working Group Meeting on Foreign Terrorist Fighters gathered more than 60 representatives from the counter-terrorism units of 32 countries from Europe and the Mediterranean.
Co-hosted by the Greek Police and INTERPOL, the meeting was part of INTERPOLs global counter-terrorism strategy which focuses on assisting INTERPOL member countries in targeted regions to contain and disrupt transnational terrorist activities, including by addressing information gaps."
HUNGARY-SWITZERLAND: Court rules against sending asylum seekers to Hungary (Al Jazeera, link):
"Switzerland's highest administrative court on Friday ruled against the deportation of an asylum seeker to Hungary, citing humanitarian and legal concerns over conditions in a country that has been sharply criticised for its harsh treatment of refugees.
Judges at the Federal Administrative Court said the situation in Hungary is too insecure for asylum seekers, delivering a verdict in the case of a young male from the Democratic Republic of Congo who had filed a judicial complaint against his return to the Eastern European country, where he was officially registered.
Under the European Union's Dublin Convention, member states can return asylum seekers to the country where they first applied for protection. Switzerland is not an EU member state, but it is a signatory to the accord.
Seeing as the court issued a so-called "pilot ruling", its provisions automatically apply to all present asylum seekers in Switzerland who had registered a complaint against their return to Hungary.
Local media reported that 202 people would now have their asylum requests processed in Switzerland."
Untangling the other dark web of pervasive, inescapable, corporate surveillance (Privacy News Online, link):
"Visitors to this site are well aware of how our every move is tracked as we move around the Internet. We know that companies are building minutely-detailed profiles of us, stored on huge databases, and that the information held there not only changes the ads we see, and the prices that companies offer us when we visit e-commerce sites, but even the mix of news stories that we view. The scale of this surveillance capitalism, as it has been called, is vast. One recent study looked at a million Web sites, and found that over 80,000 third-party services receive details about the visitors to them."
A brief overview of some of the information made available in the recent report: Corporate Surveillance in Everyday Life (Cracked Labs, link
UK: Cressida Dick: public supports police on stop and search (Evening Standard, link):
"The public is giving lots of support to police in London over the decision to step up the use of stop and search in their battle to combat knife crime, the Met Commissioner said today.
Cressida Dick said that street searches were a very powerful tool for officers as she spoke of her deep concern about a surge in knife crime which has led to 37 fatal stabbings in the capital so far this year.
She emphasised that Met officers carrying out searches must be courteous and use intelligence to target prolific offenders."
The statistics, on the other hand, do not support the police: Mass stop and search by police doesn't reduce crime, says study (The Guardian, link):
"The use of large surge stop-and-search operations by the police has no discernible effect in reducing crime, according to newly released Home Office research.
The study looks at the mass use of stop and search by Londons Metropolitan police to tackle knife crime in 2008/09, at a time when officers were carrying out one search every 20 seconds on average nationwide."
And: Black and minority ethnic groups increasingly more likely to be stopped and searched by police (The Telegraph, link)
France and UK announce internet counter-terror plan (EUobserver, link):
"The UK and France are moving ahead with a joint plan to fight terrorism, online hate speech, and to crack encrypted data.
Speaking together in Paris on Tuesday (13 June), French president Emmanuel Macron and UK prime minister Theresa May said the two countries were renewing their counter-terrorism cooperation.
The plan includes possibly imposing fines on social media giants for not taking down flagged online hate speech quickly enough. They also spoke about prying apart encrypted messages, which posed broader questions on civil liberty and cyber security.
But Macron said they first wanted to make sure internet operators "delete any content promoting hatred and terrorism in any way.""
And see: Theresa May still plans to clamp down on the internet despite losing her majority (Metro, link):
"A privacy group has criticised Theresa May over hints that she will continue with plans to clamp down on internet services despite failing to win a majority in last weeks election."
EU-USA: PNR Directive: USA offers a helping hand to EU air travel surveillance and profiling efforts
The USA has invited EU Member States to visit its National Targeting Center (NTC), which "uses several automated enforcement data processing systems that are focused on detecting and preventing terrorist access to the United States," as joint efforts between EU institutions, agencies and the Member States to implement the Passenger Name Record (PNR) Directive on the surveillance and profiling of air passengers continue. Official documentation made public here also reveals other aspects of the implementation of the Directive, such as the inclusion of customs authorities as recipients of PNR data.
EU: Space and Security: Crucial synergies for European citizens (European Defence Agency, link):
Joint Opinion Editorial by Jorge Domecq, Chief Executive of the European Defence Agency and Johann-Dietrich Wörner, Director general of the European Space Agency:
"Europe has been earmarking space and security as priorities for over a decade. Yet, it still hasnt fully lived up to its ambitions. There is now an unprecedented window of opportunity for addressing these shortcomings: a series of ambitious EU security related initiatives launched in 2016 can finally make space and security cooperation a tangible reality with positive effects on Europes security, its economy and, perhaps even more important, on how citizens perceive Europe. This is why the partnership instated in 2011 between our two organisations through an Administrative Arrangement holds such strategic resonance. While EDA is Europes defence capability development actor, ESA is Europes uncontested space agency, whose Convention, pursuant to its second article, scopes ESAs security initiatives: these must be provided for exclusively peaceful purposes, a provision which has been interpreted under international law as non-aggressive uses of outer space.
Synergies on dual-use amongst sectors make political, technological and budgetary sense. Such synergies have been called upon in most policy documents for over a decade, and again more recently in the European Commissions 2016 Space Strategy. But have we made real and genuine headway in fostering dual-use cooperation? Or have we perhaps not done enough to bring the two communities together and to build the confidence needed? "
And see: Space Strategy : Europe needs civil-military synergies (EDA, link)
UK: Former MI5 chief defends intelligence service (Defence IQ, link):
"The former director general of MI5 has hit out at critics of Britains intelligence service, saying the threats of today are worse and more complex than ever.
Dame Stella Rimington, who oversaw MI5 in the mid-nineties, said that intelligence officers will always be subject to criticism in the days after a terror incident because the public rarely understands the huge difficulties of counter-terror operations.
When an incident happens, people are quick to blame and throw the whole thing up in the air," she said. "That is not the way to deal with security.""
EU: Shock Monitor: documenting and studying "private war" and its impact on human rights
"Shock Monitor is created to document and study the evolution of Private War and its worldwide impact on human rights. Through the documentation, systematisation and analysis of incidents involving PMSCs and private contractors, it studies not only the development of the industry but also the incidents and related legal cases, perpetrator accountability and remedy for the victims."
EU: Partnership Frameworks in Africa: Commission publishes progress reports on first year
"A year into its implementation and ahead of the June European Council, the Commission and the High Representative present today the fourth progress report on the Partnership Framework on Migration."
Refugee crisis: latest news from across Europe (13.6.17)
EURODAC: eu-LISA: European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice: Eurodac - annual statistics (Press release, pdf):
"In 2016, Eurodac processed: "Over 1,000,000 fingerprints of applicants for international protection aged 14 or more - more than 370,000 fingerprints of persons aged 14 or older, apprehended when irregularly crossing the external border of a Member State - over 252,000 fingerprints of persons aged 14 or older, apprehended illegally present on the territory of a Member State."
In July 2015, the new Eurodac Regulation (No 603/2013) took effect and national police forces as well as Europol can now have access to the system but in 2016 only 327 searches were made by EU police forces.
See also: 2016 Report (pdf) and List of authorities with access (pdf)
EU: European Commission: Reflection Paper on the future of European Defence (pdf):
"The reflection paper on the future of the European Defence is the fourth in this series. It outlines the main trends and challenges that will shape the future of our security and defence and on this basis, sets out options in three different scenarios for moving towards a Security and Defence Union. While not mutually exclusive, these scenarios are underpinned by different levels of ambition for the EU in doing things together in security and defence....
Finally, systematic defence cooperation and integration in turn requires a true Single Market for defence."
UK: Police boss considers letting vigilantes with guns protect Britain from terrorists (Mirror, link):
"A police boss has vowed to "look into" whether vigilantes with gun licences can defend their communities against terrorists .
Alison Hernandez, the police and crime commissioner for Devon and Cornwall , has promised to talk to her chief constable about whether people with gun licences can use private weapons to defend their community against terrorists."
And see: Czech Republic: Interior Ministry wants to enable public to use legally held weapons against terrorists (Prague Monitor, link)
UK: High Court to rule on acquittal of eight anti-arms fair activists (Winter Oak, link):
"On Tuesday 13th June 2017 the High Court in London will consider whether the decision by Stratford Magistrates Court to acquit eight activists of seeking to prevent crimes at one of the worlds largest arms fairs, was correct in law (see previous reports and updates)...
The case against the activists had been formally closed since November 2016 because of the failure of the Crown Prosecution Service (CPS) to pursue the case. The case was reopened in March 2017, following an application by the CPS....
On 15th April 2016, the eight activists were acquitted at Stratford Magistrates Court of seeking to obstruct one of the worlds largest arms fairs. They had been accused of Obstruction of a Public Highway by blockading roads to frustrate the setup of the DSEI arms fair in September 2015."
Does your MEP run a ghost office? (Investigative Reporting Denmark, link):
"Is your member of the European Parliament a rent payer or a subsidy player?
Last week the journalists of The MEPs Project revealed that one out of three MEPs across the EU does not maintain a national office or has declined to disclose its location. Citizens are now asking:
What is the address of my MEPs national office, if any?
How much of the tax-free 4342 Euro allowance per month does he or she pay in office rent?
Did my MEP vote to hide or disclose how this money is spent?
Who declined to comment on their use of my tax money?"
And see: EU Citizens pay for Misused or Non-Existent 'Ghost' Offices (OCCRP, link)
Greece earthquake hits Lesbos: Tremors felt in Istanbul and Athens (BBC News, link):
"A strong earthquake has struck off the Aegean coast of western Turkey and the Greek island of Lesbos, with tremors felt in Istanbul and Athens.
The epicentre of the 6.3 magnitude quake was 5km (3 miles) south of Plomari, a town on the coast of Lesbos, the US Geological Survey said. Several buildings were damaged but the village of Vrisa was worst hit with 10 people taken to hospital.".
See also: Vrisa: The ghost village of Lesvos after earthquake strikes with 6.3R (Keep Talking Greece, link)
BULGARIA: Administrative Court in Sofia held that the deliberation process at the Presidents office cannot be classified forever (AIP link)
"On 5 June 2017 the Sofia Administrative Court (SAC) declared unlawful the denial of the Bulgarian Presidents Secretary to provide access to the minutes of consultations chaired by the President on 14 July 2014. The document marked as confidential recorded a discussion addressing the problems of the Bulgarian financial system following the bankruptcy of the 4th biggest commercial bank (KTB) in the country, which happened under suspicious circumstances. Former President Plevneliev whose administration classified the document for a period of 5 years said he agreed with the restriction as it was still necessary to protect national security and the confidentiality of consultations chaired by the President."
Refugee crisis: latest news from across Europe (12.6.17) including: EU and Member States work towards implementation of latest Action Plan on returns
EU: European travel information and authorisation system - Council agrees negotiating position (press release, pdf):
"On 9 June 2017, the Council agreed a general approach on the proposal for a European travel information and authorisation system (ETIAS). The general approach constitutes the Council's position for negotiations with the European Parliament.
ETIAS will allow for advance checks and, if necessary, deny travel authorisation to visa-exempt third-country nationals travelling to the Schengen area. It will help improve internal security, prevent illegal immigration, limit public health risks and reduce delays at the borders by identifying persons who may pose a risk in one of these areas before they arrive at the external borders."
See: General approaches on the draft regulation establishing a European travel information and authorisation system (ETIAS) (9763/17, 1 June 2017, pdf) and on the draft regulation amending regulation 2016/794 for the purpose of establishing ETIAS (9763/17 ADD 1, 1 June 2017, pdf)
And see: Estonia heads EU interior ministers meeting for the 1st time (The Baltic Times, link): ""The foundation of the security of the European Union is solidarity and helping each other in a difficult situation. The key to success can lie only in cooperation, not in encapsulating," Anvelt said, adding that it's important for the member states that the problem is dealt with together. What is especially important for Estonia is that progress was made on several topics having to do with databases such as the ETIAS travel authorization system, renewal of the Schengen information system and developing interaction between databases more broadly."
Thousands in Moldova protest over proposed voting changes (EurActiv, link):
"Several thousand people took part in demonstrations across Moldova on Sunday (11 June), protesting both in favour of and against proposed changes to the electoral system that European rights experts see as inappropriate.
The pro-European ruling coalition has been seeking to change the voting system in time for a parliamentary election next year, when its parties will be in a tough fight with pro-Moscow rivals who reject closer integration with Europe.
Chanting We will not surrender!, some 4,000 protesters gathered in central Chisinau, appealing to the Venice Commission, the European Parliament, the Council of Europe and the United States to prevent the changes coming into force."
HUNGARY: Gulyás: Fidesz backs most Venice Commission proposals on NGO bill (Politics.hu, link):
"Lawmakers of Fidesz will support the majority of the recommendations the Venice Commission has made concerning the government-initiated bill on the transparency of foreign-funded NGOs, the partys deputy group leader said. Referring to the commissions evaluation of the bill, Gergely Gulyás said that the body has acknowledged that ensuring access to information on foreign funding to non-governmental organisations is a legitimate objective. Gulyás noted that positions by the Venice Commission have no binding effect. He added, however, that Fidesz has so far considered and will again consider the majority of the bodys recommendations. Referring to US billionaire George Soros, Gulyás insisted that the new law was necessary to ensure the transparency of Hungarys Soros-organisations and to clarify allegations of some organisations being financed from the east."
See: CoE: Venice Commission on Hungarian law on foreign-funded NGOs: legitimate aims, but excessive obligations, disproportionate sanctions (link) and: Press release (pdf)
Hungary to extradite Holocaust denier Horst Mahler to Germany (Politics.hu, link):
"Horst Mahler, a former German lawyer sentenced to prison for Holocaust denial, is to be extradited to his homeland, the Budapest Court of Appeals said. Mahler was apprehended in the western Hungarian town of Sopron on May 15 on the basis of an international arrest warrant. The ruling to transport him to Germany is in force. According to international regulations, Hungary can keep Mahler in custody until June 16 and is to set him free afterwards, should Germany not receive him until then."
1,000 Migrants Rescued Off Libyan Coast; Two Dead (Reliefweb, link):
"Two migrants died in the Mediterranean Sea on Saturday during a rescue operation that saved more than 1,000 others who were attempting the dangerous crossing to Europe, according to a Spanish aid group.
Laura Lanuza, spokeswoman for Spain's Proactiva Open Arms, said that while two migrants perished in international waters off the Libyan coast, the Spanish aid group and five other humanitarian organizations saved 1,058 migrants after intercepting several smugglers' boats.
Lanuza said that in addition to the two deaths, another two migrants were in critical condition.
The Golfo Azzurro, Proactiva Open Arms' converted fishing trawler, pulled 243 migrants from two smugglers' boats. That group included one baby, a pregnant woman and several children.
The other boats that participated in the massive rescue operation belonged to Save the Children, Sea Watch, Moas, Sea Eye and Jugend Rettet Iuventa."
EU: The BIG DATA Challenge: Impact and opportunity of large quantities of information under the Europol Regulation (Computer Law & Security Review, link) by Daniel Drewer and Vesela Miladinova:
"In the digital age, the interaction between privacy, data protection and advanced technological developments such as big data analytics has become pertinent to Europol's effectiveness in providing accurate crime analyses. For the purposes of preventing and combating crime falling within the scope of its objectives, it is imperative for Europol to employ the fullest and most up-to-date information and technical capabilities possible whilst respecting fundamental human rights.
The present article addresses precisely the paradox of on one side protecting fundamental human rights against external terrorist and/or cybercrime intrusions, and on the other providing a privacy-conscious approach to data collection and analytics, so that Europol can even more effectively support and strengthen action in protecting society against internal threats in a proportionate, responsible and legitimate manner. The advantage proposed in this very context of large quantities of data informing strategic analysis at Europol is a purpose-oriented data protection impact assessment. Namely, the evolution from traditional instruments in the fight against organised crime and terrorism to more technologically advanced ones equally requires an alteration of the conventional notions of privacy and investigative and information-sharing methods."
Anti-EU rhetoric props up Czech election race (EUobserver, link):
"The Czech government's decision on Monday (5 June) to stop taking asylum seekers from Greece and Italy is the latest sign of the development of an anti-EU stance in the country, with the elections approaching in October.
Interior minister Milan Chovanec said that pulling out of the EU relocation scheme was justified by an "aggravated security situation and the dysfunctionality of the whole system".
This new stance could largely be due to the upcoming elections in October of this year, as only 23 percent of Czechs think that the country should help refugees, according to a survey from March 2017.
After the elections, the Czech Republic may edge closer to Hungary and Poland, whose governments are very vocal in their criticism of Brussels."
Slovakia Tackles Its Constitutional Skeleton in the Closet (I-CONnect, link):
"On 31 May 2017, six days before a parliament imposed deadline and 19 years after the fact, the Constitutional Court of the Slovak Republic (CC) upheld constitutional changes which annulled amnesties introduced by the former strongman prime minister and acting president Vladimír Meciar (Meciars amnesties). The amnesties shielded from criminal prosecution multiple persons allegedly involved in the abduction of the son of the first Slovak president (Michal Kovác Jr.) in 1995 and in the obstruction of a referendum on direct elections of the president and Slovak accession to NATO in 1997. Making things more complicated was a prior amnesty decision of the first president, Michal Kovác, which halted the investigation of his own son in a fraud case.
The important part of the story is that none of the previous seven attempts at annulling the amnesties had been successful. The first annulment by presidential decree was thwarted on legal grounds by the CC which made all subsequent attempts at finding a political consensus in conjunction with a legally acceptable solution much more difficult. Between 1998 and today, the issue gradually attained the status of a permanent stain in Slovakias transformation to a liberal democracy. The constitutional skeleton was also kept largely dormant by political elites; only intermittently, and in any event with no results (until now), were parliamentarians interested in wriggling some bones out of the proverbial closet."
UK-EU: Data commissioner calls for government action on police data handling laws (Government Computing, link):
"While the European General Data Protection Regulation (GDPR) becoming UK law from next May will have limited impact on law enforcement, information commissioner Elizabeth Denham has said there remains significant uncertainty regarding data protection in the sector.
Speaking this week at the National Police Chiefs' Council (NPCC) Information Practitioner event, the UK data regulator said GDPR did not cover how personal data is used for law enforcement purposes, with these matters falling under the separate legal instrument known as the Law Enforcement Directive.
The Law Enforcement Directive, which covers how data is processed for certain European justice and home affairs measures, is still required to be implemented into UK law by the government.
Denham said there had not been any public announcement from government with details of how and when this will happen, or a broader position on data processing in domestic law enforcement."
See: Speech by Elizabeth Denham, Information Commissioner at National Police Chief Council Information Practitioner event, 7 June 2017 (pdf)
EU: European Parliament: Civil Liberties Committee position on recast Eurodac Regulation
New rules governing the EU's Eurodac biometric database are one step closer to being adopted following the approval by the European Parliament's Civil Liberties Committee (LIBE) of its position on the recast Regulation.
The recast Regulation will extend the scope of the database from holding the fingerprints of asylum-seekers to the inclusion of biometric data on irregular migrants. Facial images are also to be included in preparation for the future use of facial recognition systems.
USA: Washington state places restrictions on commercial biometrics data use (Planet Biometrics, link):
"Washington State will next month become the third US state to statutorily restrict the collection, storage and use of biometric data for commercial purposes.
On July 23, a new biometrics law will come into force that aims to require that businesses ensure consent before it that collects and can attribute biometric data to a specific individual.
Firms must also provide notice to and obtain consent from an individual before enrolling or changing the use of that individuals biometric identifiers in a database."
And see: Paying With Your Face: Face-detecting systems in China now authorize payments, provide access to facilities, and track down criminals. Will other countries follow? (MIT Technology Review, link)
EU: Military research: calls for proposals on naval drones, "force protection" and technology foresight
The EU's 'Preparatory Action on Defence Research' (PADR) is moving ahead with three calls for proposals recently published on "enhanced situational awareness in a naval environment" showing the "added value of unmanned systems"; "Force Protection and Soldier Systems" and "strategic technology foresight". The PADR is supposed to be pave the way for a full-blown military research programme from 2021 onwards that the European Commission thinks could be worth over 5 billion annually.
UK-EU: Brexit and Northern Ireland: trouble brewing?
"THERE can be no doubt that Brexit is reopening old wounds in Northern Ireland.
The pattern of the election results speaks for itself.
The image above shows Sinn Féins clean sweep along the border and the DUP stronghold in the north east.
The distribution of seats matches a recent data map by The Detail which revealed the extent to which Catholic and Protestant communities continue to live apart, nearly 20 years after the violence of the Troubles ended.
But these patterns are inherited from the distant past."
UK: How a crippling shortage of analysts let the London Bridge attackers through (The Guardian, link):
"Last Tuesday, in the wake of the latest terror atrocity to strike Britain, the former head of MI5 Dame Stella Rimington recalled just how primitive intelligence gathering used to be. Addressing a conference of security officials in west London four miles from London Bridge where the terror attack had taken place three days earlier Rimington recounted an anecdote about how her spy training in the 1970s involved infiltrating a local pub to eavesdrop on targets.
Over the four decades since then, intelligence gathering within Britains security services has evolved beyond comparison. Eking out a lead is no longer an issue instead extraordinary volumes of information are relentlessly harvested electronically. The worry, according to experts, is whether they are acquiring too much."
And see: How to detect a potential terrorist? Heed warnings from people who know them (The Guardian, link):
"The only way potential attackers will be identified before they kill and maim is through the most old-fashioned means one can imagine: someone warning authorities about what they plan to do. This can be people in the workplace, the mosque, or at school. Research tells us that more than 70% of Islamic militants who operate alone tell someone of their plans. The first line of defence against Islamic militancy is not our crash barriers or covert operations, nor armed cops or MI5, it is a potential terrorists brother, mother, partner or friend."
EU: Migration: EU and Member States work towards implementation of latest Action Plan on returns
The EU and its Member States are working towards the implementation of the European Commission's "renewed Action Plan" on European returns policy, published in March this year. At the latest meeting of the Commission-hosted 'Contact Group - Return Directive', which brings together EU and national officials, "Member States expressed general support in relation to the policy line and specific recommendations," but also highlighted that "on some specific recommendation, [sic] there may be divergences of views among Member States and with the Commission, and that some may be difficult to apply in practice for technical or political reasons."
Refugee crisis: latest news from across Europe (10-11.6.17)
USA: Intelligence Agency Dodges Congressional Scrutiny (HRW, link):
"Does the National Security Agency (NSA) understand that it should be accountable to its overseers in the other branches of government and to the public?
Few would dispute that monitoring someones communications is sometimes necessary to achieve a legitimate goal. However, it is critical that such activities be subject to independent, impartial, and effective oversight involving all branches of government to prevent violations of peoples rights. Testimony by top officials during a Senate hearing yesterday gives rise to doubts as to whether the United States intelligence agencies accept this principle. As a result, it appears that Congress, which is responsible for ensuring that the intelligence agencies respect the law, will not have crucial information it needs to determine whether one of the countrys most important and problematic surveillance laws (which will expire at the end of 2017 unless renewed) is leading to more abuses than we realize."
UPDATE: EU: Final: Press release (pdf)
Justice and Home Affairs Council, 8-9 June 2017: agendas and other documentation including draft conclusions heading for approval
Agendas and documentation in relation to the EU Justice and Home Affairs Council meeting on 8-9 June 2017.
Refugee crisis: latest news from across Europe (9.6.17) including: Serbia-Hungary police cooperation on migration "excellent"; new report debunks "toxic narrative" aimed at search and rescue NGOs
UK: Law firm Leigh Day cleared over Iraq murder compensation claims (The Guardian, link):
"The law firm Leigh Day and three of its solicitors have been cleared of all the allegations of professional misconduct they faced over Iraq war murder compensation claims.
The not-guilty verdicts delivered by the solicitors disciplinary tribunal in London are a crushing setback for the Solicitors Regulation Authority, which launched the costly prosecution, and the defence secretary, Michael Fallon, who had called for legal action.
The seven-week trial is believed to have cost almost £10m. The SRA can appeal against the findings."
EU: New report debunks "toxic narrative" aimed at search and rescue NGOs in the Mediterranean
A new report examines the accusations made by state officials, commentators and others that search and rescue NGOs operating in the Mediterranean are a "pull factor" for migrants and are effectively working in league with people smugglers. The report, Blaming the Rescuers, argues that as well as being false, those accusations have allowed state actors "to divert public attention from their own responsibilities and failures" and are part of "a wider attempt to criminalise solidarity towards migrants and refugees, which endangers the possibility of EU citizens standing in solidarity and exercising civilian oversight at the EUs frontiers to contest their deadly effects."
UK: Three Musketeers terror trial: Undercover officer 'honest' (BBC News, link):
"An undercover officer would have had "nothing to gain" by putting a bomb in a car to frame an alleged terror cell, a colleague has told a court.
The policeman, known as Vincent, infiltrated a group known as the Three Musketeers, who are accused of plotting an attack on British soil
A fellow covert officer told the Old Bailey Vincent, who has denied planting incriminating evidence, was "honest".
The four men deny preparing terrorist acts."
And see: West Midlands police unit accused of perjury and falsifying evidence (The Guardian, link):
"A West Midlands police counter-terrorism unit has been accused in court of perjury, falsifying notebooks and hiding text messages related to the trial of a group of terror suspects who called themselves the Three Musketeers.
Simon Hussey, a senior officer in West Midlands polices special projects team, began giving evidence at the Old Bailey trial of four men from the Midlands accused of plotting terror attacks in late April but his cross-examination was interrupted, and the personal and work phones of several officers involved in the case were seized by the police shortly afterwards."
UK: Can protesters believe anything Sussex Police tells them? (Netpol, link):
"Within 24 hours of the start of drilling on 31 May by UK Oil and Gas Investments (UKOG) at its Broadford Bridge well in West Sussex, Operation Edmond the response by Sussex Police to protests at the site is already raising the same concerns we highlighted last year about unpredictable policing and an unwillingness by officers to accommodate minor disruption to unconventional energy exploration without making arrests.
A week after a somewhat bizarre arrest for alleged obstruction of the highway that involved a protester clearly walking on a grass verge, members of the recently established Broadford Bridge Community Protection Camp were handed a map (below) by a Bronze operational commander offering a tolerated slow walking area along 600 metres heading towards the UKOG site from a scrap yard on Adversane Lane. Members of the camp had neither negotiated nor agreed to this proposal but it seemed to indicate that senior officers were intending a less confrontational attitude to the presence of protesters.
What was evident from the events we witnessed at Broadford Bridge was that officers had either not been briefed about a tolerated slow walking area or that Sussex Police had abandoned the proposal, without informing protesters, within hours of offering it."
And see: Dissent is not a crime: News from Netpol: May 2017 (link)
EU Citizens pay for Misused or Non-Existent 'Ghost' Offices (OCCRP, link):
"Hundreds of members of the European Parliament are potentially misusing EU funds meant to pay for offices in their home country, but at least 249 of these offices either do not exist or are nowhere to be found, according to an investigation by 'Journalists of the MEPs Project' published Wednesday.
Each month MEPs are given a tax-free lump sum of 4,342, called the General Expenditure Allowance (GEA). The fund costs the EU around 40 million annually and is meant to provide MEPs with national offices that, among other things, should keep them in touch with citizens.
The series of investigations across all 28 members states, however, found that in 249 cases MEPs either said they have no offices, refused to reveal their addresses, or the locations could not otherwise be tracked."
HUNGARY: Will Hungarys detention practices put an end to the Common European Asylum System? (Migration News Sheet, link):
"The Common European Asylum System (CEAS) is today much less common than it used to. Large-scale arrivals of refugees in 2015 have tempted Member States, starting with Hungary, to act unilaterally and in complete violation of EU rules.
Are Hungarys unpunished waves of massive detention paving the way for other national governments to openly violate EU regulations?
Would this race to the bottom signal the end of CEAS and its Dublin System?
In turn, will European institutions manage to force governments to comply with its legislation?
This article will look into these questions."
IRELAND: Irish police phone tapping undermines citizens rights (EDRi, link):
"An Garda Síochána, the Irish police force has fallen, yet again, under public scrutiny for privacy violations of innocent citizens. An investigation by the Irish Independent newspaper has found that members of the public had their phones tapped without proper justification.
The widespread phone tapping was revealed after a senior officer tried to highlight his concerns about the legality of the covert surveillance. According to this account, he was put under pressure to listen in on private conversations of citizens without a necessary court order. When he raised the concerns about this activity with his superiors, the authorities sidelined him. He decided to take legal action, but the State avoided full extent of the phone tapping scandal being made public with agreeing to an out-of-court settlement."
See: Exclusive: Inside the murky world of phone taps and Garda intelligence (Irish Independent, link):
"AN Irish Independent investigation has found that innocent members of the public had their phones tapped by Garda intelligence.
Our investigation has also seen accounts of where a decorated detective has said he was put under pressure to routinely bypass strict protocol to listen in on private conversations for almost a decade."
USA: Congressional Republicans seek to obliterate record of CIA torture (World Socialist Web Site, link):
"It was reported last week that the Senate Intelligence Committee report on CIA torture is being retrieved from executive agencies in the Trump administration. Congressional Republicans have demanded the confiscation of all copies of the report in order to cover up and, if possible, erase entirely the record of the investigation into the agencys torture program.
A heavily redacted executive summary of the report was released to the public in December of 2014, but the full 6,700-page Committee Study of the Central Intelligence Agencys Detention and Interrogation Program remains secret. Only a limited number of copies were made, which were distributed to a handful of federal executive agencies. Since 2015, when the US Senate passed into the hands of the Republican Party, the new committee Chairman Richard Burr has led efforts to suppress the report, declaring that the report should become a footnote to history.
In a statement released June 2, Burr declared, I have directed my staff to retrieve copies of the congressional study that remain with the executive branch agencies and, as the committee does with all classified and compartmented information, will enact the necessary measures to protect the sensitive sources and methods contained within the report."
And see: Trump buries Senate torture report: Reprieve comment (Reprieve US, link)
UK: Former chief constable wins legal challenge over Hillsborough resignation (The Guardian, link):
"A former chief constable has won a high court challenge over a decision requiring him to resign.
Lawyers for David Crompton claimed there was no fair or reasonable basis for forcing the officer out of office in South Yorkshire.
Crompton attacked a decision taken by Dr Alan Billings, the regions police and crime commissioner (PCC), after inquest findings into the deaths at the Hillsborough stadium disaster 27 years before.
Lady Justice Sharp and Mr Justice Garnham, sitting in London, ruled in Cromptons favour on Friday.
The judges quashed a number of decisions made by Billings."
USA: Secret Algorithms Threaten the Rule of Law (MIT Technology Review, link):
"Predicting and shaping what you will do nextwhether as a shopper, worker, or voteris big business for data-driven firms. But should their methods also inform judges and prosecutors? An ambitious program of predicting recidivism among convicts is bringing algorithmic risk assessments to American courthouses.
These assessments are an extension of a trend toward actuarial prediction instruments for recidivism risk. They may seem scientific, an injection of computational rationality into a criminal justice system riddled with discrimination and inefficiency. However, they are troubling for several reasons: many are secretly computed; they deny due process and intelligible explanations to defendants; and they promote a crabbed and inhumane vision of the role of punishment in society."
UK: May to forge 'government of certainty' with DUP backing (BBC News, link):
"Theresa May has said she will form a government with the support of the Democratic Unionists that can provide "certainty" for the future.
Speaking after visiting Buckingham Palace, she said only her party could form a "legitimate" administration after winning the most seats and votes.
She said she would work with "friends and allies" in the DUP to take forward Brexit, saying "let's get to work".
The Tories are eight seats short of the 326 needed to command a majority."
See: So, who are the DUP? (OpenDemocracy, link):
"The most likely coalition partners for a floundering Conservative party sit on the hard right fringe of British politics.
The Democratic Unionist Party now look like the Tories preferred coalition partners. The DUP, which is the biggest Unionist (ie pro-UK) party in Northern Ireland, are often treated as though they are just the same as the other Unionist party they have essentially replaced the Ulster Unionists. But while the UUP have a long running relationship with the Tories, and are a centre right party, the DUP are another thing entirely. The idea that they are near power in Westminster should worry us all. Here are some things you need to know."
EU: Commission to present legal proposal on police access to cloud data; data retention discussion continues
The European Commission is planning to present a legal proposal on easing police access to data hosted in the cloud "by the end of this year or early 2018", according to a Commission spokesperson, acting on a "sense of urgency" raised by justice and interior ministers at the JHA Council in Luxembourg yesterday.
Corporate Surveillance in Everyday Life (Cracked Labs, link):
"Report: How thousands of companies monitor, analyze, and influence the lives of billions. Who are the main players in todays digital tracking? What can they infer from our purchases, phone calls, web searches, and Facebook likes? How do online platforms, tech companies, and data brokers collect, trade, and make use of personal data?
In recent years, a wide range of companies has started to monitor, track and follow people in virtually every aspect of their lives. The behaviors, movements, social relationships, interests, weaknesses and most private moments of billions are now constantly recorded, evaluated and analyzed in real-time. The exploitation of personal information has become a multi-billion industry. Yet only the tip of the iceberg of todays pervasive digital tracking is visible; much of it occurs in the background and remains opaque to most of us.
This report by Cracked Labs examines the actual practices and inner workings of this personal data industry. Based on years of research and a previous 2016 report, the investigation shines light on the hidden data flows between companies. It maps the structure and scope of todays digital tracking and profiling ecosystems and explores relevant technologies, platforms and devices, as well as key recent developments."
See the full report: Corporate Surveillance in Everyday Life: How Companies Collect, Combine, Analyze, Trade and Use Personal Data on Billions (link to pdf)
SPAIN-EU: Cautious Openness: the Spanish Constitutional Courts approach to EU law in recent national case law (European Law Blog, link):
"In recent months, the Spanish Constitutional Court (SCC) has issued a series of decisions related to EU law that show an interesting combination of both openness toward the European legal order and a certain degree of apprehension to the growing role of the Court of Justice of the European Union (CJEU) in constitutional matters. In these cases the SCC has arrived at fairly pro-EU results: the SCC decided that preliminary references from Spanish courts to the CJEU take precedence over constitutional questions submitted to the SCC, and that a non-transposed, directly-effective EU Directive can be taken as a factor in the interpretation of a constitutional provision. But, as discussed below, the details subtly suggest that the SCC does not fully agree with the ways in which the CJEU has asserted its institutional position, and prefers to avoid potential conflicts in the future."
UK-EU: Britain drops opposition to new EU military command centre
"The European Union approved a new military command centre for foreign training missions on Thursday after Britain dropped its opposition, the latest step in EU efforts to integrate its militaries and defence industries.
A day after the European Commission offered 1.5 billion euros ($1.68 billion) a year in support of Franco-German plans for greater EU defence cooperation, all 28 EU governments agreed for the command centre in Brussels to run training missions in Somalia, the Central African Republic and Mali."
UK-EU: Italian police say they constantly monitored third London Bridge attacker (Financial Times, link):
"Italian police constantly monitored Youssef Zaghba, one of the three London bridge attackers, during his stays in Italy over the past eighteen months, a senior prosecutor said, in contrast to British authorities, who did not consider him to be a high priority.
Giuseppe Amato, the chief prosecutor of Bologna, said that while the 22-year old Italian citizen born in Morocco could not be charged with any terrorism-related crimes, he was considered at risk of radicalisation and trailed on the two occasions he returned to Italian soil.
I dont know what the English did, but we constantly monitored him, Mr Amato said in an interview with the FT. We constantly controlled him, verified him, interviewed him and evaluated him. Thats what is done normally in Italy.
Italian officials said they warned British authorities of Zaghbas case and inserted his details into the Schengen Information System, a European database containing the names of individuals considered to be at risk of terrorism. The communication was exhaustive and complete, Mr Amato said."
And see: Pressure rises on anti-terror chiefs as London Bridge toll rises to eight (BT.com, link): "The death toll from the London Bridge attack has risen to eight as pressure on British authorities intensified amid new questions about how the terrorists slipped through the net. "
EU-MALTA: 9.2 million in EU funds for police modernisation, border security projects
"9.2 million in EU funds are being spent on modernising the Malta Police Force and on border surveillance, Home Affairs Minister Carmelo Abela and PS for EU Funds Ian Borg announced.
Mr Abela said five projects on border security, which is a priority, have been completed so far.
These include the acquisition of radios and biometric devices for border guards and modern equipment that can analyse a persons unique physical characteristics, like fingerprints.
Mr Abela said the Malta Police Force is also benefitting from other projects falling under the EU Internal Security Fund 2014-2020.
These include the purchase of bullet-proof vests, riot kits and surveillance equipment; access to the Europol and Interpol databases; the Smart Policing project, which will see the Cyber Crime unit strengthened, the purchase of new forensic equipment; and the strengthening of the automated case management system."
See: Article in Border Security Report (in World Security Report, p.24, link to pdf)
EU: Im So Angry in 261 protest signs (Iron Curtain Project, link):
"Wherever the I'm So Angry (I Made a Sign) Pop-Up Museum appears, we register visitors slogans, in search of an answer to the question what Europeans want for the future. Watch them here!"
See: Im So Angry (I Made a Sign) Pop-up Museum (link):
"The Im So Angry (I made a sign) Pop-up Museum is an exhibition that pops up for a short time in different cities through Europe. The exhibition tells the personal stories of people who joined one of the protests that shaped Europa. It shows the symbols they used and asks the question: what are we willing to fight for nowadays.
A protest is a powerful tool for the powerless. When the difference between the dreamed future and daily reality becomes insurmountable, people revolt. They awake from their lethargy or overcome their fear and decide to fight for their ideals. Newspapers and television channels spread the images of their protests. We see masses of demonstrators, moving as a single organism, but when you look closer, you see individuals. A student of mathematics, a mother with her child, a retired steelworker, a middle-aged man who has just lost his job; people who, independently of each other and for their own reasons, decided that that day, their patience had come to an end."
Serbia-Hungary police cooperation deemed "excellent" (b92, link):
"Interior Minister Nebojsa Stefanovic spoke on Thursday in Budapest with his Hungarian counterpart Sandor Pinter about illegal migration.
They also discussed cooperation in protecting external borders and exchange of information in the fight against human trafficking, the Serbian government announced.
It was assessed during the meeting that cooperation between the two police forces in the fight against organized crime is on an exceptional level, while the excellent results achieved through the work of joint investigation teams in combating human trafficking have been particularly highlighted.
Stefanovic and Pinter concluded that the involvement of police officers from EU countries, among them those from Hungary, who are, together with Serbian colleagues, securing Serbia's borders, resulted in better control of migrations and prevented illegal border crossings and human trafficking.
Stefanovic said that the Serbian police in the last two years arrested more than 2,000 persons suspected of smuggling people and filed more than 1,200 criminal charges."
Refugee crisis: latest news from across Europe (7-8.6.17) including: Greek police continue to illegally return Turkish asylum seekers to Turkey
Refugee crisis: latest news from across Europe (5-6.6.17) including: Commission may launch sanctions over central European refugee relocation intransigence
ECHR: Refusal of Bulgarian authorities to register an association promoting the rights of the Muslim minority was not necessary in a democratic society (press release, pdf):
"In todays Chamber judgment1 in the case of National Turkish Union and Kungyun v. Bulgaria (application no. 4776/08) the European Court of Human Rights held, unanimously, that there had been:
a violation of Article 11 (freedom of assembly and association) of the European Convention on Human Rights.
The case concerned the refusal of the Bulgarian authorities to register an association promoting the rights of the Muslim minority in Bulgaria.
Referring back to its case-law, the Court found that there was no pressing social need to require any association wishing to pursue political aims to constitute a political party if it was not the intention of the founders to take part in elections.
The Court further noted that the domestic courts had not referred to any action of the association or its members which might have compromised the territorial integrity or unity of the nation, or any action or speech which might have been regarded as a call to hatred or violence.
It concluded that the refusal to register the applicant association had not been necessary in a democratic society."
See the judgment: AFFAIRE UNION NATIONALE TURQUE ET KUNGYUN c. BULGARIE (application number 4776/08, French only, pdf)
EU: EP approves fingerprinting asylum seekers from age 6 (ANSAMed, link)
"The Civil Liberties Commission of the European Parliament on Tuesday [30 May 2017] approved fingerprinting asylum seekers as young as six in order to facilitate reunification with their parents. Under current EU law asylum seekers can be fingerprinted only from the age of 14. The measure was part of a package of amendments to an overhaul of the Eurodac fingerprint database, which were approved with 35 yes votes, 10 no votes and 8 abstentions. The MEPs also greenlighted the start of negotiations with the European Council in view of a definitive agreement. Under the changes, detention of minors should be prohibited. In addition, unaccompanied minors who disappear from reception facilities should be recorded in the Schengen Information System (SIS) and reported as missing persons. MEPs also voted to give the European police force Europol direct access to the Eurodac data base in order to prevent terrorist attacks and common crimes. In addition to fingerprints, the system should also allow the search and comparison of facial images and other personal data, such as name and identity document number when this information is available."
EP press release: Asylum: MEPs tighten internal security and improve safety for refugee children (pdf)
EU parliament groups want inquiry into terror failures (EUobserver, link):
"Two main political groups in the European parliament are hoping to launch a special committee to probe failures by EU states in the fight against terrorism.
The joint-announcement on Wednesday (7 June) by the centre-right EPP and the liberal Alde groups comes on the heels of the latest round of terror attacks in Manchester, London and Paris.
A draft mandate seen by EUobserver calls for a 12-month probe into "potential faults and malfunctions" that allowed the terror attacks to be carried out in Belgium, France and Germany.
It also wants to analyse, among other things, the lack of police cooperation and problems in cross-border investigations. Hearings with sensitive or secret information would be held behind closed doors. "
UK: Another round of criticism from UN Special Rapporteur for policies on counter-terrorism, surveillance and undercover policing
One of the final reports of the UN's former Special Rapporteur on the rights to freedom of peaceful assembly and association, Maina Kiai, follows up on a previous visit to the UK and offers further critique of the UK's counter-terrorism policies (in particular Prevent), surveillance (the Investigatory Powers Act) and undercover policing, noting with regard to the latter that the damage caused by police infilitration of non-violent protest groups "can partly be remedied by imposing real accountability and transparency for the survivors, together with full reparation." The report also examines a number of other issues including the policing of anti-fracking protests and restrictions on the work of civil society groups.
EU: Why Schengen deserves to be saved (EUobserver, link):
"By exploiting latent fears of uncontrolled immigration across open borders, far-right parties such as the Danish Peoples Party, France's Front National, and the UK Independence Party (Ukip) have managed to turn the Schengen area into a political hot potato despite its manifold benefits.
Macrons victory in France has temporarily neutralised this political threat, but he himself has repeatedly assessed that the work is not over.
An open Europe must successfully protect its citizens against terrorist threats, aggressive powers, and internal dumping.
Otherwise, the narrative being pushed by illiberal and anti-European populists will regain traction sooner rather than later."
See: The Economist Cost of Rolling Back Schengen (pdf) by Vincent Aussiloux and Boris Le Hir: "This paper looks at the economic consequences of re-establishing permanent border controls within the Schengen Area."
Polish court rules presidential pardon was premature (Radio Poland, link):
"Poland's supreme court has indicated that the president's 2015 pardon of a former anti-corruption agency chief was premature because his jail sentence was still being appealed.
In 2013, Law and Justice (PiS) MP Mariusz Kaminski who served as head of the anti-corruption agency from 2006 and 2009 was found guilty of overstepping his powers.
He was sentenced to three years in prison and was banned from holding public office for ten years.
Polish President Andrzej Duda pardoned Kaminski even though he was still appealing his sentence at the time. The case against Kaminski was then discontinued.
A supreme court judge said that the president interfered in the legal process because Kaminski was proven neither innocent nor guilty when he was pardoned, making a future ruling redundant."
EU: MORE FENCES: Lithuania starts erecting fence on border with Russia (The Washington Post, link):
"VILNIUS, Lithuania Lithuania has started building a fence on its border with the Russian exclave of Kaliningrad in an attempt to curb smuggling and illegal immigration and strengthen the EUs external border.
State border officials on Monday kicked off construction works of the first segment of the 130-kilometer (80-mile) -long metal fence at the Raminiskiu village in a ceremony attended by the Lithuanian Interior Minister Eimutis Misiunas.
The installation comes complete with electronic surveillance systems and drones. It will cost some 3.6 million euros ($3.9 million) in total and is to be completed by the end of this year."
UK: Danny Sewell-French: 'Failures' contributed to Blackburn death in care (BBC News, link):
"Staff at a children's home missed opportunities to find drugs and alcohol on a 16-year-old boy who died in their care, an inquest has heard.
Danny Sewell-French was found dead in his room at Cherry Tree Resource Centre in Blackburn on 2 October 2016.
He was intoxicated with a mixture of alcohol, morphine and buprenorphine.
Blackburn with Darwen Borough Council, which runs the home, said it had since "rigorously reviewed" its safety procedures."
Forget far-right populism crypto-anarchists are the new masters (The Guardian, link):
"Consider for a moment how your life has changed thanks to digital technology. You can become friends with 2 billion connected people, chose your own news, and watch/date/order whatever you want, on demand. Infinite choice and control is now the norm, and yet formal politics has barely evolved since the days of Robert Peel. Our modern political system came of age in the industrial revolution, which was a time of massive organisations and centralised control. We are now, however, firmly in a new industrial revolution, characterised by endless choice, digital technology, data, automation and artificial intelligence. The economy, identity, political allegiances, perhaps even the essence of what it is to be human, are all starting to change, and our politics will have to change with it. The current set-up, including the populist right, will cling on for a while, like a legacy IT system thats too pricey to update, but it will shortly become redundant."
USA: Customs and Border Protection entry/exit program pilot successful (Biometric Update, link):
"U.S. Customs and Border Protection (CBP) has found a feasible solution for a biometric entry/exit program, CBP Deputy Assistant Commissioner, Office of Field Operations John Wagner told a congressional committee meeting on visa overstays last week.
As previously reported, the Department of Homeland Security (DHS) says that 629,000 visitors to the U.S. overstayed their visas in 2016 due to the lack of a biometric exit system.
A program piloted at Hartsfield-Jackson Atlanta International Airport, in which a facial image is captured and compared to a database without first reading the travelers passport, has processed 28,000 people with accuracy in the high ninetieth percentile, Wagner said."
England's forgotten armed uprising to be celebrated in Derbyshire (The Guardian, link):
"Britain goes to the polls this week almost exactly 200 years after the last armed uprising in English history, when a group of Derbyshire weavers and miners resorted to pitchforks and muskets in a futile attempt to overthrow by force the government that denied them the vote.
The uprising lasted only the length of one cold, rainy night and ended in public executions and beheadings, but Derbyshire is preparing to commemorate the bicentenary this weekend.
The Pentrich Revolution is little remembered now certainly not taught in the local schools and there is little trace of it in the cluster of villages 14 miles north of Nottingham where it occurred. But in 1817 it terrified ministers sufficiently for them to take extreme measures to make sure nothing like it ever happened again. It is a tale of violence and despair far removed from the common and placid image of Jane Austens England the author died six weeks after the uprising."
EU: Legislative Tracker : an interinstitutional agreement on the new EU Entry-Exit system is approaching... (FREE Group, link):
"The rapporteur Agustín Dían De Mera García Consuegra stated before the LIBE Committee (11 May 2017) that progresses have been made during the trilogue negotiations and that the good cooperation between delegations will probably allow to come to a political agreement by the end of the summer. Two political trilogues as well as nine technical meetings have already taken place and a third political trilogue is scheduled for 31 May 2017. Needless to say no public recording is accessible on the debates which took place during these trilateral meetings"
Greek police continues to illegally hand over Turkish asylum seekers to Turkey (FIDH, link):
"On 2 June at 9am, a family of six, including an infant, and three men who wished to apply for international protection in Greece because of persecution in Turkey were handed over by Greek police to a group of masked gunmen. The refoulement was witnessed and the HLHR has in its disposal the license plate numbers of the Greek police van that transferred the asylum seekers. The new refoulement took place in Evros by boat, near Didymoteicho, and involved Mustafa Can, his wife and their four children, as well as Yilmaz Erdogan, Fethullah Çatal, and one more man, whose name is still not known.
The informal and forced refoulement of any person is considered an act of violence and is a blatant violation of international law and the international obligations of our country."
EU: European Parliament analysis: European information systems in the area of justice and home affairs: an overview (pdf):
"The interconnections between border management, migration and internal security have become more apparent recently in the context of high inflows of refugees and irregular migrants and of increasing terrorist activities in the EU. To address these challenges, the EU has taken steps to revise and develop the European information systems in order to improve the collection, processing and sharing of data among Member States and relevant EU agencies. This publication provides an overview of the existing and proposed European information systems in the area of justice and home affairs. It discusses the legal basis, the purposes, the scope of data and access, the utilisation and the proposed changes for each information system, including issues of interoperability."
USA: NSA contractor facing 10-year Espionage Act sentence for alleged journalistic leak may have been tracked down by printer used
"Reality Winner, the woman alleged to have leaked classified information about Russian interference in the US election, could face up to 10 years in prison if the Trump administration pursues its complaint that she violated the Espionage Act.
The 25-year-old allegedly shared documents that reveal Russian intelligence agents hacked a US voting systems manufacturer in the weeks immediately before the 2016 presidential election."
USA-POLAND-GERMANY: US officials targeted in push for justice and accountability on rendition and torture
Reprieve US and the European Center for Constitutional and Human Rights are pursuing new legal cases seeking accountability and justice for torture carried out as part of the USA's "extraordinary rendition" programme.
COMMERCIAL SURVEILLANCE: I Bought a Report on Everything That's Known About Me Online (The Atlantic, link):
"On a recent Thursday, I waited for an email that was supposed to contain every personal detail the internet knows about me. The message would be from an online data brokera company that collects and sells information that many people would hope is private. This includes browsing history, online purchases, and any information about you thats publicly available: property records, court cases, marital status, social-media connections, and more. Facebook collaborates with data brokers for targeting advertisements. In some states, the Department of Motor Vehicles, among other agencies, sells information to brokers. Brick-and-mortar stores do, too.
Historically, data brokers dont do nuance. Companies care about demographics: If they can get information that is in the right ballpark, its likely to suit their needs just fine. I thought opening my data would be like looking in a mirror, maybe a dressing room mirror under lighting that makes you think you should start taking many vitamins. Instead, it was like seeing an expressionist painting of myself. I caught glimpses of something I recognized, but everything was hazy and a little off.
The sight was a relief. Conversations and debates about privacy tend to take for granted that the technology invading privacy finds information that is correct. But while our data is collected aggressively these days, clearly companies still arent infallible. Maybe the death of privacy isnt quite so near."
London attack: UK was warned about third attacker (BBC News, link):
"One of the London Bridge attackers was able to enter the UK, despite being placed on an EU-wide watch list.
Youssef Zaghba, a 22-year-old Moroccan-Italian man who lived in east London, was named as the third attacker.
An Italian police source has confirmed to the BBC that Zaghba had been placed on a watch list, which is shared with many countries, including the UK.
In March 2016, Italian officers stopped Zaghba at Bologna airport and found IS-related materials on his mobile phone.
He was then stopped from continuing his journey to Istanbul.
The BBC understands he was not prosecuted but was listed on the Schengen Information System, an EU-wide database which includes details of potential suspects.
When Zaghba entered Britain, staff at passport control should automatically have been alerted by the Schengen system, BBC home affairs correspondent Danny Shaw said.
"One unconfirmed report suggests that did happen, apparently when Zaghba arrived at Stansted Airport in January - but that border staff still let him in," he said."
UK: Theresa May's comments on human rights are 'reckless and misinformed', says Amnesty
Responding to Theresa Mays comments about changing human rights laws, Kate Allen, Director of Amnesty International UK section, said:
"Theresa Mays comments are reckless and misinformed.
"This is exactly the time that human rights must be protected and cherished, not attacked and undermined."
Turkey arrests Amnesty International head and lawyers in Gulenist sweep (Guardian, link):
"Police detained Taner Kiliç and 22 other lawyers on suspicion of ties to the movement of US-based cleric Fethullah Gulen."
EU reassures Turkey over its 3bn refugee package (euractiv, link):
"The EUs 3billion package to help refugees in Turkey will have been fully assigned to projects by the end of the year, the blocs envoy said Tuesday (6 June).
All the funds, part of a deal with Turkey to tackle Europes refugee crisis, will be fully assigned by the end of 2017, said Christian Berger, the EU ambassador to Turkey."
EU: Meijers Committee: Comment on the Draft Regulation on the mutual recognition of freezing and confiscation orders (pdf):
"On 21 December 2016, the European Commission submitted a proposal for a Regulation on the mutual recognition of freezing and confiscation orders (COM(2016) 819 final). In this comment, the Meijers Committee wishes to express its concerns as to several aspects of the proposal. Moreover, with a view to future negotiations on the proposed Regulation, this letter contains a number of recommendations on how to respond to its troubling aspects."
UK: On the life of Robin Murray, visionary economist (link) by Hillary Wainwright:
"Robin Murray who died late on Sunday exuded vigour and hope. And he inspired those around him with his spirit. Maybe as a resuIt I find myself resisting the sadness which threatens to overwhelm me now that he is gone. The tears well, but they refuse to flow. He was not one for a passive response of any kind. The only respite is to ring common friends for mutual comfort...
This is just one way in which Robins legacy of hope will live on with us and through us. In the intervening years, to give just one example, his restless and inventive energy pioneered twin trading and created the Fair Trade network that supports tens of thousands of small farmers in developing countries. "
EU: Justice and Home Affairs Council, 8-9 June 2017: Background Note (pdf):
"On Friday, ministers will take stock of the current situation on migration, in particular in the Central Mediterranean, and will discuss return policy. They will also touch upon the issue of improving the interoperability of information systems.
Ministers will take stock of work carried out so far regarding the proposals to reform the common European asylum system and will discuss the proposals on the Schengen Information System (SIS). The Council is expected to adopt a general approach on a proposal on a European travel and information authorisation system (ETIAS).
In the margins of the Council, the Mixed Committee (EU plus Iceland, Liechtenstein, Norway, Switzerland) will take stock of work on the proposals on the SIS and on ETIAS. Exceptionally, the Schengen associated states will be present in the discussions on migration, return policy and information systems and interoperability.
Over lunch, ministers will discuss counter terrorism."
Council moves quickly to get interoperable centralised database operative
Among the issues to be discussed at the Justice and Home Affairs Council meeting on 8-9 June: "Ministers are expected to adopt conclusions on improving interoperability of information systems." (Council)
See the Draft Council Conclusions on the way forward to improve information exchange and ensure the interoperability of EU information systems (LIMITE doc no: 9132-REV-2-17, dated 30 May 2017, pdf) which draws on:
European Commission: Seventh progress report on an effective and genuine Security Union (COM(2017) 261 final, 16 May 2017, pdf), the High-Level Expert Group on Information Systems and Interoperability (HLEG) final report (pdf) and a Council discussion paper, LIMITE 8797-17, pdf).
Background: Commission wants a quick march to interoperable, centralised EU databases by 2020 (Statewatch) and EU wastes no time welcoming prospect of Big Brother databases (Statewatch).
Council of the European Union: Eurodac
Proposal for a Regulation on the establishment of 'Eurodac' for the comparison of biometric data for the effective application of [Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person.... (LIMITE doc no: 9879-17,100 pages pdf):
"identifying an illegally staying third-country national or stateless person and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes,"
Council developing its negotiating position with 62 Footnotes including Member State position.
"Delegations are reminded that the intention of the Presidency is to submit the modifications on the inclusion of scanned colour copies and the possibility to query Eurodac using alphanumeric data for approval of Coreper..."
EU judges may be asked to rule on legality of UK surveillance powers (Guardian, link):
"Fresh court challenge by privacy campaigners could impact the controversial Investigatory Powers Act.
EU judges may be asked to decide whether the intelligence services bulk collection of email data in order to prevent terrorist attacks is legal.
In a fresh challenge that could impact the Investigatory Powers Act, the campaign group Privacy International has argued in court on Monday that interception of social media that is not targeted and subject to sufficient safeguards is forbidden by a previous European judgment.
After a minutes silence in memory of the victims of the attack in London on Saturday, the investigatory powers tribunal (IPT) said it was considering whether to refer the issue concerning the use by GCHQ, MI5 and MI6 of bulk communication data back to the court of justice of the European Union in Luxembourg."
European media plurality at risk (New Europe, link):
"It considered four topical areas which could be of concern: basic protection of freedom (of main foundations for freedom of expression and media pluralism), market plurality, political independence and social inclusiveness."
CoE: Venice Commission on Hungarian law on foreign-funded NGOs: legitimate aims, but excessive obligations, disproportionate sanctions (link):
"The Venice Commission has published today its preliminary opinion on the Draft Law on the Transparency of Organisations Receiving Support from Abroad of Hungary.
The Venice Commission acknowledges that the draft law pursues the legitimate aim of ensuring transparency of civil society organisations and may also contribute to the fight against money laundering and the financing of terrorism."
See: Press release (pdf)
EU: Council of the European Union: European Public Prosecutors Office (EPPO)
The Council developing its negotiating position:
TEXT: Draft Regulation implementing enhanced cooperation on the establishment of the European Public Prosecutor's Office - Consolidated text (LIMITE doc no, 9545-17, pdf): 17 Member States support "enhanced cooperation":
"Delegations will find in Annex a consolidated version of the draft Regulation, established with a view to reaching a general approach at the Council (JHA) of 8 June 2017....
Having regard to the notification by Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Germany, Finland, France, Greece, Lithuania, Luxembourg, Portugal, Romania, Slovakia, Slovenia and Spain, by which those Member States on 3 April 2017 notified the European Parliament, the Council and the Commission of their wish to establish enhanced cooperation on the basis of the draft
And see: Latvia joins too: LATVIA: LIMITE do co; 9546-17 (pdf)
GENERAL APPROACH: Draft Regulation implementing enhanced cooperation on the establishment of the European Public Prosecutor's Office - General approach (LIMITE doc no:9476-17, pdf):
"Coreper is invited to agree to submit the draft text of the Regulation, as set out in document 9545/17, to the June 2017 Council, for the purpose of attaining a General Approach."
EPPO - Financial issues (LIMITE doc no 9276-17, pdf):
"The model means that expenditure of the EPPO shall be borne by the Member States which participate in enhanced cooperation on the establishment of the EPPO."
FINANCE: European Public Prosecutor's Office (EPPO) - Financial issues - Contributions from delegations (LIMITE doc no, 9278-16, pdf):
"Following the invitation of the Presidency to delegations to written comments on the issue of the financing of the EPPO, the Polish, Swedish and UK delegations have made the contributions in Annex."
Draft Regulation implementing enhanced cooperation on the establishment of the European Public Prosecutor's Office - Outstanding issues (LIMITE doc no, 9066-17, pdf):
"At the meeting of COPEN on 12 May 2017, delegations were asked to indicate all concerns they have with the current Council draft. The annex to this note enumerates all the issues thereby indicated, on which agreement could not be reached."
EARLIER DRAFT: Draft Regulation implementing enhanced cooperation on the establishment of the European Public Prosecutor's Office - Presidency text (LIMITE doc no 8750-17, pdf):
"Delegations are invited to indicate whether they can preliminarily agree to the full text of the draft Regulation at the COPEN meeting of 12 May, or - if they cannot yet agree - which provisions they consider it is absolutely necessary to reflect further upon. In this context,"
and see: 8750-COR-!-17 (LIMITE doc, pdf)
Eurojust: Proposal for a Regulation on the European Union Agency for Criminal Justice Cooperation (Eurojust) - EPPO related provisions (Presidency document) (LIMITE doc no:9069-17, pdf):
"The partial general approach on the draft Eurojust Regulation agreed in March 2015 did not include any EPPO-related provisions, as the negotiations on the EPPO Regulation had not sufficiently advanced at that moment in time."
Refugee crisis: latest news from across Europe (30-4-17- 4-6-17)
Hungarian civil society victimized by Orban government (DW, link):
"Hungarian NGOs - especially those working with migrants - are facing stigmatization under a new law being pushed by Viktor Orban's government. DW's Ben Knight talks to some of those NGOs in Budapest."
Archives, race, class and rage (IRR news, link):
"Below we publish an excerpt of a commentary in the April 2017 issue of Race & Class, in which Colin Prescod (IRR Chair) examines the challenges of black heritage facing archivists today.
This is an edited version of a keynote speech to the annual conference of the Archives and Records Association 2016 in which a leading black British cultural curator, using the concept of reparative histories, charts his own involvement in and knowledge of recent milestones in black cultural heritage intervention in the UK. Referencing the London Mayors Commission on African and Asian Heritage, the museum worlds marking of the 2007 bi-centenary of the Act abolishing the Atlantic slave trade and the significant No Colour Bar archive and art exhibition of 2015, he challenges archivists to understand the issue not as the need to simply include Black experience, but to allow Black agency in the making of the record.""
European court launches new system for single judge decisions (CoE, link):
"A new system for single judge decisions with more detailed reasoning has been announced today by the European Court of Human Rights.
Its statement confirms that: Following the entry into force of Protocol No. 14 in 2010 introducing the possibility for a Single Judge to declare applications inadmissible, the court initiated new working methods to tackle the massive backlog of clearly inadmissible cases."
European Parliament Study: An assessment of the Commissions Proposal on Privacy and Electronic Communications (pdf):
"In this study we discuss weaknesses of the proposed provisions, and ways to improve these provisions. We recommend that the EU lawmaker pays extra attention to four points;
(i) location tracking; (ii) browsers and default settings; (iii) tracking walls; (iv) the confidentiality of communications.
Regarding those topics, the ePrivacy proposal does not ensure sufficient protection of the right to privacy and confidentiality of communications. Some provisions in the ePrivacy proposal offer less protection than the GDPR."
EU: Juncker: Death penalty in Turkey would mean end to EU accession talks (euractiv, link);
"The European Union should continue accession negotiations with Turkey but a reintroduction of the death penalty would clearly put an end to the process, European Commission President Jean-Claude Juncker said."
France: A right not a threat: Disproportionate restrictions on demonstrations under the state of emergency in France (AI, link);
"In 2016, French authorities banned dozens of public assemblies using emergency powers and placed restrictions on hundreds of individuals to prevent them from exercising their right to freedom of assembly. Individuals not linked in any way to acts of terrorism are getting caught in the cross-hairs of the emergency measures. This report shows the disproportionate use of emergency powers to restrict the right to freedom of assembly in situations unrelated to any specific threat of attacks on the general population. Moreover, the report shows that French authorities often relied on unnecessarily resource-intensive strategies and used force disproportionately when policing public assemblies."
See: Report (pdf, link)
Germany: Uneven progress in treatment of detained persons and detention conditions, says anti-torture committee (CoE, link):
"In the report on its most recent visit to Germany, published today, the Council of Europes Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) praises progress made to improve the treatment of detained persons and detention conditions, but also found striking contrasts between establishments visited in different Federal States (Länder).
During the visit, carried out in late 2015, the CPTs delegation heard no allegations of deliberate physical ill-treatment of detained persons by police officers whilst in police custody. However, some allegations were received in particular from foreign nationals and persons suffering from a mental disorder about excessive use of force by police officers at the time of apprehension (such as punches or kicks after the person concerned had been brought under control or unduly tight handcuffing)."
And: Switzerland: Commissioner welcomes progress on asylum, but the most vulnerable need better protection (CoE, Link);
"stop detaining migrant children arriving at Swiss international airports. Children, with or without their families, do not belong in detention said today Nils Muinieks, the Council of Europe Commissioner for Human Rights, after a three-day visit (22-24 May) to Switzerland, which included a visit to the closed reception facility in the international transit zone of Zurich airport."
EU: Council of the European Union: European Travel Information and Authorisation System (ETIAS )
ETIAS: Proposal for a Regulation establishing a European Travel Information and Authorisation System (ETIAS) (LIMITE doc no: 9580-REV-1-17, pdf, 144 pages): The Council developing its negotiating position:
"Three outstanding issues were specifically discussed at the meeting of the Permanent Representatives Committee/Mixed Committee on 24 May 2017...
The Presidency proposal to require all third country nationals to hold a valid travel authorisation in case of airport transit (unless they require an airport transit visa or they are in possession of a valid visa) could be supported by a majority of delegations....
The Committee is therefore invited to examine and endorse the text as set out in the Annex to this note with a view to reaching a general approach at the JHA Council meeting on 8-9 June 2017.
The European Parliament is in the process of establishing its position on the proposal.... "
Earlier documents: 9580-ADD-1-17 (LIMITE. pdf) and 9580-17 (LIMITE, pdf)
DATA RETENTION: The judgment of the Grand Chamber dated 21 December 2016 in the two joint Tele2 Sverige and Watson cases: The need for a harmonised legal framework on the retention of data at EU level (pdf) by Xavier Tracol:
"On 21 December 2016....The Grand Chamber ruled that EU law does not allow a general and indiscriminate retention of all traffic and location data. It also ruled that access of competent national authorities to retained data must be restricted solely to fighting serious crime and subject to prior review by a court or an independent administrative authority." [emphasis added]
Met ordered to disclose evidence in Welsh undercover relationships case (Police Spies Out of Lives, link):
"Judge in Court Hearing about Undercover Cop, Marco Jacobs, abusive relationships orders Met Police to disclose evidence
Police have been avoiding and delaying disclosure in this case for several years."
European Court of Human Rights (ECHR): Difficulties for defence caused by infiltration and observation methods were counterbalanced by adequate procedural safeguards (Press release, pdf): The Court held:
"unanimously, that there had been no violation of Article 6 § 1 (right to a fair hearing) of the European Convention on Human Rights, on account of a lack of access to a confidential case file...and:
by four votes to three, that there had been no violation of Article 6 §§ 1 and 3 (d) (right to examine witnesses) of the Convention on account of the applicants inability to examine undercover officers, or have them examined,"
EU: Meijers Committee: Comment on the proposal for a Directive of the European Parliament and of the Council on countering money laundering by criminal law (pdf)
"In the Commissions proposal, the definition of criminal activity from which the property is derived (the 'predicate offences') has a wide scope. Whereas the Commission explains the necessity of the proposal mainly from the viewpoint of countering (financing of) terrorism, this is in reality only a small part of the proposal. Besides the list of EU-criminal offences, the proposal deals with all offences as defined in the national law of the Member States, which are punishable by deprivation of liberty or a detention order for a maximum of more than one year..." [emphasis added]
EU: Council of the European Union: New EASO Regulation & SIS:Returns, biometrics and "inquiry checks"
New EASO Regulation: Proposal for a Regulation of the European Parliament and of the Council on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010: State of play and guidance for further work (LIMITE doc no: 9563-17, pdf): 4-column document with present state of play in trilogues and sets out issues where there is disagreement between the Council and the parliament:
"the Presidency started negotiations with the European Parliament in January 2017. To date, four informal trilogues have taken place on 7 February, 8 March, 21 March and 2 May (continued on 11 May). In preparation for these informal trilogues, numerous
technical meetings with the European Parliament have taken place.... See the attached 4-column table (Annex II) including the text agreed in political trilogues."
See also European Court of Auditors report: Migration hotspots are working, but critical issues remain, say EU Auditors (Press release, pdf):and Full report (pdf)
SIS & Returns, biometrics and "inquiry chexcks": Proposal for a Regulation on the establishment, operation and use of the Schengen Information System (SIS) for the return of illegally staying third-country nationals (First reading) & Regulation on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks... Policy debate / Progress report (LIMITE doc no: 9595-17, pdf):
"This package is composed of three separate proposals, in order to respond to the different degrees of participation in the SIS of several groups of States (the so-called 'variable geometry')...
These proposals contain a series of measures aimed at maximising the effectiveness and efficiency of the system which is the most used of the IT systems in the area of freedom, justice and security in the EU by technical enhancements, focusing on end-users and giving access to more national authorities and EU agencies. In particular, more categories of data, including biometrics, would be inserted, including for search purposes, and new types of alerts, including alerts on return decisions, would be inserted...
Chapter IX of the proposal on police cooperation (15814/16) introduces a new form of check, the 'inquiry check', besides the existing 'discreet check' and 'specific check'." [emphasis added]
EU-UK BREXIT: European Commission: Working paper "Essential Principles on Citizens' Rights" (pdf):
"Objective: For discussion at the Council Working party (Art. 50) of 30 May 2017.
Remarks: The attached working paper on "Essential Principles on Citizens' Rights" contains the main principles of the EU position in this regard, to be presented to the UK in the context of negotiations under Art. 50."
UPDATE: Near final version: Doc no: 9571-17 : (29 May 2017, pdf)
EU: Council of the European Union: Draft Council Conclusions on enhancing return and readmission of illegally staying persons (LIMITE doc no: 9082-REV-2-17, pdf): The Council preparing to take new moves to enforce return and readmission policies especially for Africa through so-called "Partnership Frameworks":
"Considers that it remains necessary to improve the rate of return of illegally staying third country nationals as a matter of urgency...
Agrees that comprehensive, [gradual - deleted] incremental, pragmatic and tailor-made solutions are required in order to improve cooperation with third countries in the field of return and readmission, in line with the Partnership Framework approach;
Recalls the views expressed at the JHA Council of March 2017, and agrees on the need to consider the use of the necessary leverage by using all EU policy instruments and tools, including visa policy;
stronger coordination [could - deleted] should be established between the two areas of return and visa policy to improve cooperation of third countries on return and readmission. Concerted action by the Member States within the applicable legal framework should continue to provide the possibility for achieving results." [emphasis added]
See: European Commission belatedly make available: Africa: "Partnership Frameworks" report (Statewatch database) and Viewpoint; Migration, EU cooperation and authoritarianism (Statewatch)
Refugee crisis: latest news from across Europe (23-29.5.17)
UK-EU: We need deal with the EU to combat terror, experts tell Theresa May (Guardian, link):
"Chair of Commons intelligence committee and leading security figures warn that Brexit threatens to deprive UK police of access to key European databases...
The UKs full participation in European Union security and intelligence co-operation will be critical to the fight against terrorism after Brexit, leading British security experts have said, as Theresa May announced wide-ranging new plans to counter extremism.
The growing demands for the prime minister to face down anti-EU forces in the Tory party and make membership of bodies such as Europol, the EUs criminal intelligence agency, a top priority, came amid fears that Brexit could leave the UK with inferior access to key European databases and deprive British police forces of vital tools in high-level, pan-European anti-terror probes."
And: Will the UK lose access to EU's crime-fighting database after Brexit? (Guardian, link)
Comment: To work with Europol. as Denmark has agreed. requires recognising the jurisdiction of the Court of Justice of the European Union.
US might ban laptops on all flights into and out of the country (euractiv, link):
"The United States might ban laptops from aircraft cabins on all flights into and out of the country as part of a ramped-up effort to protect against potential security threats, US Homeland Security Secretary John Kelly said yesterday (28 May)."
Council of the European Union: Entry-Exit System (EES) and LEA access:
Entry-exit: Proposal for a Regulation amending Regulation (EU) No 2016/399 as regards the use of the Entry/Exit System (LIMITE doc no: 9468-17, pdf): 4-column document with Commission proposal, European Parliament, Council and "compromise" position:
"Delegations will find in the Annex the four-column table relating to the draft Regulation in the subject."
Law enforcement agencies access: Proposal for a Regulation establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third country nationals crossing the external borders of the Member States of the European Union and determining the conditions for access to the EES for law enforcement purposes... (LIMITE doc no: 9465-17, pdf): 4-column document with Commission proposal, European Parliament, Council and "compromise" position:
"Delegations will find in the Annex the four-column table relating to the draft Regulation in the subject."
LEA access: State of play (LIMITE doc no: 9415-17. pdf):State of play and 4 column document: Sets out a series of differences with the parliament's position including
"The EP opposes the possibility to transfer information to third countries and international organisations for the purpose of returns, unless there is a decision by the Commission regarding the adequate protection of personal data in that third country or a binding readmission agreement. In particular, the EP opposes the possibility to transfer such information on the basis of an arrangement similar to readmission agreements, arguing that these are not binding, do not contain the necessary data protection safeguards, do not follow the institutional procedure for agreements and should therefore not be legitimised. The EP also insists on the explicit agreement and the provision of guarantees by the third country concerned to use the data only for the purposes for which it is transferred, and that such transfers should only be possible once the return decision is final, and subject to the consent of the Member State that entered the data."
USA: Secret court rebukes NSA for 5-year illegal surveillance of US citizens (repubhub.icopyright.net, link):
"U.S. intelligence agencies conducted illegal surveillance on American citizens over a five-year period, a practice that earned them a sharp rebuke from a secret court that called the matter a "very serious" constitutional issue.
The criticism is in a lengthy secret ruling that lays bare some of the frictions between the Foreign Intelligence Surveillance Court and U.S. intelligence agencies obligated to obtain the court's approval for surveillance activities.
The ruling, dated April 26 and bearing the label "top secret," was obtained and published Thursday by the news site Circa."
Italian riot police deploy tear gas at anti-G7 protest (Daily Sabah, link):
"Police deployed tear gas after being rushed by 20 to 30 demonstrators at an anti-Group of Seven (G7) protest near the site of the summit, according to a dpa reporter at the scene of the incident.
About 1,000 people had gathered in the southern Italian town of Giardini Naxos for the rally in Sicily on Saturday.
Prior to the tear gas incident, organizers insisted that their aim was to conduct a peaceful demonstration."
ITALY: Milan like Barcelona. Together, without walls, against the racist criminalisation of migrants and the poor. For an international network of antiracist cities (by S. Palidda)
"Following the example of Barcelona, where between 160,000 and 300,000 people mobilised on the past 18 February in support of rights for migrants and to promote an international network of cities against racism where immigrants will be welcomed, around 100,000 people participated in a demonstration in Milan on 20 May.
The appeal for the demonstration (https://www.20maggiosenzamuri.it/ in Italian, English, French, Spanish and Arabic) was launched by the Milan mayor's office, several personalities from all walks of life, 600 associations, NGOs and institutions as well as 70 Italian city councils."
The irregular border (ciutatrefugi.barcelona, link):
"Human rights. A report by Irídia, Novact and Fotomovimiento, subsidised by Barcelona City Council, details and denounces the racism, violence and illegality of migration control policies at the border areas between Ceuta and Melilla and Morocco."
See also: Frontera Sur (link)
EU: Challenge mounted to Court judgment on opposing access to the documents concerning the EU-Turkey deal of 18 March 2016
- the General Court made several errors of law and that it was wrong to decline jurisdiction"
On 28 February 2017 the Court of Justice of the European Union (CJEU) rejected three applicants' cases requesting access to the documents held by the Council of the European Union concerning the EU-Turkey deal of 18 March 2016. The Court argued that:
"the three actions as inadmissible on the grounds of lack of jurisdiction. In particular, the General Court held that the EU-Turkey Statement did not relate to an act of the European Council nor of any other body, office or agency of the Union and hence that the actions fell outside the Court's jurisdiction." [LIMITE doc no: 9148-17, pdf) [emphasis added]
On 23 April 2017 the three applicants lodged an appeal against the judgment on the general grounds that:
"the appellants claim that the General Court made several errors of law and that it was wrong to decline jurisdiction. They request the Court of Justice to rule that their actions for annulment of the EU-Turkey Statement are within the Court's jurisdiction and to send the cases back to the General Court for a decision on the merits of their claims." [emphasis added]
Court of Appeal finds Theresa May acted unlawfully in denying refugees access to UK (leighday.co.uk, link):
"Court of Appeal rules that Theresa May acted unlawfully when Home Secretary in denying refugees access to the UK who have been living on a British Sovereign Base since 1998... In a unanimous decision the Court of Appeal has today (25 May 2017) found that Theresa May acted unlawfully by refusing to consider allowing entry to the UK to a group of refugee families stranded on the British Sovereign Base Areas (SBA) in Cyprus.
The unlawful decision was made in November 2014 when Mrs May was Home Secretary. "
See: Full judgment (pdf)
Brexit transparency is 'political play', says EU watchdog (euobserver, link):
"The promise by the EU to be as transparent as possible in the negotiations with the UK over its exit from the bloc is political play, said the European Ombudsman, Emily O'Reilly, at a press conference on Wednesday (24 May).
She spoke two days after the Council of the European Union, where national governments meet, had published a document that laid out rules on when to publish documents relating to the Brexit negotiations."
See: Council of the European Union: Guiding principles for transparency in negotiations under Article 50 TEU (pdf)
EU: New Data Protection Regulation: Commission: Statement by Vice-President Andrus Ansip and Commissioner Vìra Jourová one year ahead of the entry into application of the General Data Protection Regulation (pdf). See: The Regulation (link)
EU slams Turkeys record on human rights in talks with Erdogan (euractiv, link):
"Turkish President Tayyip Erdogan met senior European Union officials on Thursday (25 May) for talks that included Turkeys human rights record following sharp disagreements between Ankara and Brussels on a range of issues.
The EU has expressed concern over the sacking and jailing of tens of thousands of soldiers, police, teachers and civil servants since a failed military coup last July. It has also criticized a revamping of Turkeys constitution backed by a referendum that greatly expands Erdogans powers."
EU states back bill against online hate speech (euobservver, link):
"EU ministers on Tuesday (23 May) backed a bill that seeks to curb hate speech on social media platforms such as Facebook, Twitter, and Google's YouTube.
The move follows wider concerns over online radicalisation and the incitement to commit terrorist acts.
It also comes on the heels of a suicide terror attack in the UK that ended the lives of 22 people and injured 59 others following a concert in Manchester.
The EU bill still needs the support of the European Parliament before it becomes law.
But if passed, the tech giants will need to remove offensive content, posing broader concerns over free speech."
Statewatch Analysis: Counter-terrorism and the inflation of EU databases (pdf) by Heiner Busch and Matthias Monroy
The topic of counter-terrorism in Europe remains closely linked to the development and expansion of police (and secret service) databases. This was the case in the 1970s, after 11 September 2001 and has also been the case since 2014, when the EU Member States started working on their action plans against 'foreign terrorist fighters'.
Refugee crisis: latest news from across Europe (18-22.5.17) including: Greece: cynical numbers game on refugee relocation
EU: Public access to Council documents: 2016 report (press release, pdf):
"Over 350 000 documents are listed in the Council's register, and over 70% of these are public and can be downloaded for free. That is one of the key points in the Council's 2016 report on access to documents which was approved by the Council on 22 May 2017.
During 2016, 22 671 documents were added to the register, of which 71%, or 16 181 documents, are public. The Council's public register was consulted around 380 000 times and attracted 9% of the Council's website traffic."
See: Fifteenth annual report of the Council on the implementation of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (7903/17, pdf) and corrections: COR 1 (pdf)
Note: the statistics certainly sound good, but it remains the case that many Council working parties - including some dealing with legislation - produce no minutes/outcomes of their meetings; while legislative deliberations and discussions are frequently shielded from public view, particularly through the trilogue procedure.
SERBIA: Police blasted for not letting Roma children play in park (b92, link):
""In a video that appeared on social networks one can hear and see communal police officers not allowing Roma children to play in a park. To prevent children from playing in a park just because they're Roma is a brutal, chauvinist, and racist act," said Omerovic.
He added that "such scandalous and disgraceful behavior of the Communal Police of Belgrade is an unprecedented act."
"I ask the authorities to urgently determine the responsibility of those who publicly and knowingly violate the law, of those who won't let the children of our fellow citizens play in a park just because they're Roma. Evil must be recognized and immediately suppressed," said Omerovic. "
Revealed: Facebook's internal rulebook on sex, terrorism and violence (The Guardian, link):
"Facebooks secret rules and guidelines for deciding what its 2 billion users can post on the site are revealed for the first time in a Guardian investigation that will fuel the global debate about the role and ethics of the social media giant.
The Guardian has seen more than 100 internal training manuals, spreadsheets and flowcharts that give unprecedented insight into the blueprints Facebook has used to moderate issues such as violence, hate speech, terrorism, pornography, racism and self-harm.
There are even guidelines on match-fixing and cannibalism."
SERBIA: Migrants and refugees in Belgrade evicted to camps
In early May volunteer group No Name Kitchen warned of the impending eviction of over 1,000 migrants and refugees living in disused buildings in Belgrade, who were recently removed by the government to camps, in some cases overcrowded and with poor sanitary conditions.
Council of the EU considers "introducing a legal link" between visa and returns policy
Recognises the importance of linking the negotiations of readmission and visa facilitation agreements...
Underlines the importance of introducing a legal link between readmission and visa in the Visa Code...
Considers that stronger coordination could be established between the two areas of return and visa policy to improve return cooperation of third countries on return and readmission..."
See: Draft Council Conclusions on enhancing return and readmission of illegally staying persons (9082/1/17 REV 1, LIMITE, 19 May 2017, pdf)
EU: Combating Institutional Anti-Gypsyism: Responses and promising practices in the EU and selected Member States (CEPS, link):
"The notion of anti-Gypsyism aims to refocus public policies addressing Roma discrimination in order to place responsibility for combating structural, historically-embedded and systemic forms of racism, discrimination and exclusion towards Roma squarely on state institutions and actors. This report examines the ways in which policies and funding combat anti-Gypsyism in the European Union and selected Member States and assesses the added value of the anti-Gypsyism concept, with particular reference to its institutional forms. It explores ways in which these institutional forms could be combated by identifying some promising practices or experiences found in five selected EU Member States (Germany, Romania, Spain, Sweden and the UK). These promising practices include reactive and proactive measures organised around four main themes: i) national, regional and local institutional responses; ii) training and education activities; iii) access to justice and effective remedies; and iv) media, public attitudes and political discourse."
UK: The Conservative Party Manifesto and the Constitution (Public Law for Everyone, link):
"The Conservative Party which, barring an electoral surprise that would make the election of Donald Trump look pedestrian, will form the next UK administration has published its manifesto. What does it reveal about the constitutional aspects of the partys programme for government?
...a new Conservative Government will ensure that the House of Lords continues to fulfil its constitutional role as a revising and scrutinising chamber which respects the primacy of the House of Commons. The threat is implicitly clear. It is also pertinent. As the UK stands on the cusp of Brexit, the Great Repeal Bill will entail an unprecedented conferral of legislative power upon the executive government, and the role that Parliament including the House of Lords must play in scrutinising the use of that power is plain. That Parliament should embark upon that task against the backdrop of an implicit threat to the House of Lords should it deign to stand in the Governments way is, to put the point mildly, regrettable."
Emphasis added. See also: The White Paper on the Great Repeal Bill: Invasion of the Parliamentary Control Snatchers (April 2017, pdf) by Steve Peers
NORTHERN IRELAND: Brexit appears to mean taking back control of everything but border (Belfast Telegraph, link):
"Tacitly accepted, if not wholly endorsed, by Leavers and Remainers alike in the Conservative and Labour parties in the months since the referendum result, "taking back control" has gradually become the lingua franca of Brexit. Consequently, there has been little practical opposition to the Government's hard Brexit plan.
On borders and immigration specifically, analysis of each party's election manifesto would suggest there is little disagreement among the main parties in this area.
It is rather striking therefore that, to date, nobody within either the Government or on Opposition benches has yet been able to articulate a plausible plan for taking back control of the only land border that the UK shares with the EU: the border between Northern Ireland and the Republic of Ireland.
Contrary to the Government's long-established and oft-stated ambition that a hard border in Ireland should be avoided, the lack of any credible proposal as to how this might be achieved tends to suggest a distinct lack of control."
UK: UNDERCOVER POLICING: Picket against spycop Marco Jacobs abuse (COPS, link):
"Court cases against the police for abusive undercover relationships continue, and on Tuesday 23rd May 2017 the South Wales Case has a hearing at the Royal Courts of Justice. Show your support at a picket outside the court!
Two women and one man are suing The Metropolitan Police, South Wales Police and the Association of Chief Police Officers over sexual abuse committed by an undercover police officer in Cardiff Marco Jacobs.
In conducting these abusive and degrading relationships, the police have demonstrated institutional sexism against women, and institutional prejudice against campaigners. The undercover policing scandal shows an utter contempt for our democratic right to participate in social justice campaigning.
You and your friends are needed to be there, to show that these issues are important to us all."
EU: Is the refugee crisis going to disappear? Is the Council Presidency playing a cynical numbers game with the figures - or are we going to see mass returns?
There are currently 62,184 refugees in Greece. The Council says that: 20,000 refugees in Greece are deemed eligible for relocation but are 13,758 refugees on the Greek islands, 28,426 on the mainland and those still arriving going to be subject to mass returns?
Book review: Refuge: Transforming a broken refugee system. Alexander Betts and Paul Collier, Allen Lane, The Penguin Press, March 2017 by Frances Webber:
"when you dig beneath the benevolent surface, the book's message is profoundly objectionable, and dangerous. For the authors' take on the crisis of displacement wilfully ignores the role of the global economy, and their vision of autonomy for refugees is working for multinational corporations in special economic zones coupled with a ban on travelling outside their region of origin - a sort of captive reserve army of labour. It is hard to see the autonomy in that."
Sweden: And now, under-the-skin RFID tags replace train tickets in Europe (Privacy News Online, link):
"The Swedish State Railways has decided to accept under-the-skin RFID tag implants for ticket purchases, arguing it enhances ticketless travel better than having your ticket in your mobile. Actually, they didnt argue that at all. They just said were digital and it works as if that would justify the rest."
EU: Council of the European Union: Qualifications Directive: Proposal for a Regulation on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection.. Period of Validity of Residence Permits issued to Refugees and Beneficiaries of Subsidiary Protection = Preparation for a general approach (LIMITE doc no: 9001-17,pdf):
"The Presidency proposed that both permits would thereafter be renewed in accordance with national legislation, including for an unlimited period. Although there was some support for this Proposal, it was opposed by those Member States which grant residence permits with a validity period of more than five (5) years to beneficiaries of refugee status, as well as by those Member States which grant residence permits with the same validity period of more than three (3) years to both beneficiaries of refugee status and beneficiaries of subsidiary protection status."
These are Africas most powerful passports (World Economic Forum, link):
"Visa-free travel is something many of us take for granted in todays increasingly interconnected world. But for many Africans this modern luxury is much more of a lottery, with citizens of some African countries enjoying similar travel rights to Europeans, while others fare little better than residents of war-torn Syria."
UK: HSBC voice recognition system breached by customer's twin (Guardian, link):
"BBC Click reporter Dan Simmons said his non-identical twin brother was able to fool system and gain access to account.
HSBCs voice recognition ID system used by half a million customers for secure access to their bank accounts has been breached by a customers twin mimicking his voice.
When it was launched last year HSBCs head of retail banking claimed the new system was secure, insisting that just like your fingerprint, your voice print is unique."
European Parliament Study: European Travel Information and Authorisation System (ETIAS): Border management, fundamental rights and data protection (pdf):
"It provides an assessment of the necessity, implications in relation to interoperability, and impact in terms of fundamental rights, including the right to personal data protection and the right to privacy. It finds that the necessity of ETIAS has not been made, that the proposal is likely to introduce interoperability through the backdoor, and that it constitutes a significant interference with fundamental rights."
EU: Justice and Home Affairs Council, 18 May 2017: Press release (pdf) Includes: Common European asylum system reform, Fight against serious and organised crime, Aviation security, Counter-terrorism and Migration:
"During a joint dinner, home affairs and development ministers addressed the external dimension of migration, to ensure full coherence between migration and development policies."
"B" points Agenda for discussion (pdf) and "A" points -adopted without discussion - non-legislative (pdf)
EU: Restrictive refugee relocation scheme means new lower targets might be met
The European Commission has published its 12th report on the relocation of refugees from Greece and Italy and progress made in the EU's resettlement scheme, highlighting that while "the number of persons relocated so far in 2017 is almost as many as in the whole of 2016.... the current pace of relocation is still below what is needed to meet the targets set to ensure that all those eligible are relocated over the coming months."
New Police Scotland stop and search code in force (BBC News, link):
"The code received widespread support during consultation and was unanimously approved by the Scottish Parliament.
It was introduced following concerns over the number of people being searched without a legal basis.
The code says statutory searches must be "necessary, proportionate and in accordance with the law". There is also specific guidance on dealing with children and vulnerable adults. Non-statutory or "consensual" stop-and-searches are now banned entirely."
See: Code of Practice on the Exercise by Constables of Powers of Stop and Search of the Person in Scotland (pdf) and The report of the dvisory Group on Stop and Search (pdf)
Spanish fire-fighters who saved lives at sea must not be criminalised (IRR News, link):
"As petitions are launched to stop the criminalisation of humanitarians, calls for the European Commission to intervene to change the law intensify."
EU: Council: new criteria for Schengen alerts on terrorism-related "discreet or specific checks"
"The Presidency therefore invite delegations to take into account the changes made and agree on this list of criteria as an initial joint understanding of when a person should be entered in the SIS for discreet or specific checks in the context of terrorism or terrorism-related activities for inclusion in the catalogue of recommendations and best practices for SIS.
Finally, the Presidency would invite Europol and European Border and Coast Guard Agency to continue working on updating the list of criteria referring to foreign terrorist fighters (FTFs) or terrorism-related activities involving as much as possible experts in the use of the Schengen Information System (SIS) and the exchange of supplementary information, whenever this is necessary."
See: Joint Understanding on the list of criteria on when a person should be included in the SIS in relation to terrorism and terrorism-related offences (8806/17, LIMITE, 11 May 2017, pdf)
UK: How the Anthony Grainger inquiry shone a light on policing the murky world of serious organised crime (Manchester Evening News, link):
"Mistakes were made, some of them serious ones. The force is braced for severe criticism about the way it handled the operation and its aftermath, particularly how armed police could be given such wildly inaccurate intelligence overstating their targets potential for armed violence.
Five years ago, a policeman known to the inquiry only as Q9 killed Grainger by firing a single bullet from his powerful Heckler and Koch MP5 sub-machine gun.
Grainger, a 36-year-old convicted criminal, was behind the wheel of a stolen Audi A6 estate in a car park in the Cheshire village of Culcheth. Q9 had been told Grainger and his team were armed and poised to commit a robbery, but no gun, or any weapon, was found: so a police officer had shot dead an unarmed suspect and leaving his two children without a father."
UK: General Election 2017: Partner of abducted Andy Tsege stands against Theresa May in Maidenhead (Islington Gazette, link):
"The partner of abducted Upper Holloway man Andy Tsege feels so hopeless about his illegal imprisonment that she has resorted to standing against the Prime Minister in next months general election.
Yemi Hailemariam, of St John Street, is standing in Theresa Mays Maidenhead constituency. Her ultimate aim is to secure a meeting with Mrs May, nearly three years since Andy was jailed in his native Ethiopia.
Andy, 62, is a human rights activist who fled to the UK in 1979, becoming a citizen and making a new life in Islington. But at a trial in his absence in 2009, he was given a death sentence. And in June 2014, while waiting to catch a flight to Eritrea, Andy was abducted at an airport in Yemen."
Traffickers and smugglers exploit record rise in unaccompanied child refugees (The Guardian, link):
"A record increase in the number of refugee and migrant children travelling alone has left many exposed to sexual abuse and exploitation at the hands of traffickers and opportunists.
At least 300,000 unaccompanied and separated children were recorded in 80 countries in 2015-16, a rise of almost 500% on the 66,000 documented in 2010-2011, according to a Unicef report published on Wednesday.
The central Mediterranean passage is one of several migration routes identified as particularly dangerous for children. More than 75% of the 1,600 14- to 17-year-olds who arrived in Italy reported being held against their will or forced to work."
See the report: A child is a child: Protecting children on the move from violence, abuse and exploitation (pdf):
"Among the millions of children on the move worldwide, many including hundreds of thousands of unaccompanied children and adolescents undertake dangerous journeys. This report shows how the lack of safe and legal pathways for refugee and migrant children feeds a booming market for human smuggling and puts them at risk of violence, abuse and exploitation. Building on recent UNICEF policy proposals, it sets out ways that governments can better protect these vulnerable children."
EU: Development serving the purpose of migration control (EUobserver, link) by Bob van Dillen:
"Last November, NGOs gave a guarded welcome to the European Commissions proposals for a major overhaul of the EUs development policy framework, which should guide the EU development efforts until 2030.
One of our key concerns was that despite the rhetoric that Europe is serious about addressing poverty and inequality a series of earlier EU policy proposals for cooperation with third countries had rather given priority to short-term domestic priorities, including migration objectives.
We are extremely worried that such policy objectives have now also been included in the new EU Consensus on Development.
Building on its 2016 Migration Partnership Framework with third countries, the EU will agree to use its development cooperation, policies, instruments and budgets to promote migration management and border control.
Development cooperation will also be made conditional on the cooperation of the partner countries in the areas of return, readmission and reintegration of their nationals, while the EU is willing to agree to maximising the synergies and applying the necessary leverage by using all relevant EU policies, instruments and tools, including development and trade."
EU: European Parliament briefing: Revision of the Blue Card Directive (pdf)
"Attracting highly qualified immigrants to Europe has been one of the EU's key priorities for several years. However, up until now the EU has not been as successful as other OECD countries. This demand for workers is expected to increase due to the increasing shortage of certain skills and the aging of the EUs population.
The proposed directive, which would replace the 2009 Blue Card Directive, increases the attractiveness of the EU highly skilled migration scheme by expanding its scope, lowering criteria for admission, expanding the rights of beneficiaries, and abolishing parallel national schemes.
Stakeholders and experts agree with some proposed changes, while others have received more criticism (for example, the abolition of national schemes). Both EU advisory committees have issued opinions and some national parliaments have made comments on the proposal. The Council started work on the proposal in July 2016."
And see: Council moving towards its negotiating position, documentation from May and April 2017 (Statewatch News Online.
EU: European Parliament calls for action on rights and democracy in Hungary
The European Parliament yesterday (17 May) adopted a resolution condemning "a serious deterioration of the rule of law, democracy and fundamental rights over the past few years" in Hungary, and calling for the start of the Article 7(1) procedure, which can end in the suspension of the EU voting rights of a state in breach of the EU's fundamental values.
Refugee crisis: latest news from across Europe (17.5.17) including: Commission takes first steps against Hungary asylum law - for the second time
Frontex: minutes of all Management Board meetings, May 2014-February 2017
Minutes from all the meetings of the Management Board of Frontex held between May 2014 and February 2017, obtained through an access to documents request to Frontex.
UK: Cage director charged under Terrorism Act after failing to hand over passwords (The Guardian, link):
"The international director of Cage, Muhammad Rabbani, has been charged under the Terrorism Act after refusing to hand over passwords to his laptop at Heathrow airport.
Rabbani, who regards it as a privacy v surveillance test case, said he intended to fight the charge. I am innocent of these charges that have serious implications for journalists, lawyers and human rights, he said.
He is due to appear at Westminster magistrates court on 20 June.
Rabbani, 35, from London, is involved through Cage in investigating torture cases. He said he was stopped at Heathrow in November returning from one of the Gulf states where he had been investigating a torture case allegedly involving the US."
Italian commission says more controls needed on aid groups rescuing migrants (Reuters, link):
"An Italian parliamentary commission said on Tuesday more controls needed to be imposed on humanitarian organisations that are taking an increasingly significant role in rescuing migrants from the Mediterranean.
In a series of non-binding recommendations, the commission also said that Malta and Tunisia should do more to help Italy tackle the huge numbers of migrants who are using Libya as a springboard in search of a better life in Europe.
The Senate Defence Committee launched the inquiry earlier this year amid accusations that non-governmental organisations (NGOs) were colluding with people smugglers to help with search and rescue operations close to the Libyan coast.
In their conclusions, parliamentarians said no NGO groups were under investigation, but they called for them to be put under greater scrutiny, saying their ship crews and financial backers should be registered with authorities.
They also suggested that police should travel aboard NGO vessels -- something most humanitarian groups have rejected."
EU: Commission wants a quick march to interoperable, centralised EU databases by 2020
In its latest report on the 'Security Union', the European Commission has called on the Council and the European Parliament to ensure that current proposals on police and border control databases are agreed swiftly, and has announced its intention to publish a host of new legal proposals - including one on the "interoperability" of EU databases and information systems "as soon as possible" to ensure 'one-click' searches of multiple systems, the establishment of a "shared biometric matching service to enable searches across different databases holding biometric data", and a "common identity repository" of alphanumeric identity data.
EU: Commission takes first steps against Hungarian asylum law - for the second time
Following the passing of draconian new asylum legislation in Hungary, the European Commission has taken the first step in initiating infringement proceedings against the country by issuing a "letter of formal notice" - just as it did in December 2015, with the same warning that if no response is received in two months then "the Commission may decide to move to the next stage of the infringement procedure," which can ultimately end up in the European Court of Justice.
UK: The seven security firms that made it onto the FT1000 (IFSEC Global, link):
"Seven security firms have made it into the FT1000, the Financial Times listing of Europes highest growth companies.
All but two the others were based in Germany and Ireland were based in the UK."
Why are there still British military bases in Cyprus? (New Internationalist, link):
"The continued division of Cyprus suits Britains geopolitical interests, as well as those of world powers that see the Mediterranean island as a useful pawn in a longstanding game of chess. Darren Loucaides reports from a country that wants to determine its own future."
Serbian authorities should acknowledge Srebrenica massacre as genocide, eradicate racism among football fans, and address violence against Roma and LGBT (ECRI press release, link)
"Strasbourg, 16.05.2017 Despite progress in anti-discrimination legislation, strong efforts to reconcile with the war past, and improvement of the situation of Roma, much needs to be done in Serbia to address the continued rise in hate speech, fight racism among sports fans, protect Roma and LGBT persons and step up the prosecution of war crimes, said the Council of Europe anti-discrimination commission in its new report published today."
See: ECRI report on Serbia (fifth monitoring cycle) (pdf)
USA: Free Chelsea: Seven years ago, Chelsea Manning changed the world. Today shell see how (The Verge, link):
"When shes released today, Chelsea Manning will have served one week short of seven years in federal prison, shuttled between facilities in Kuwait, Quantico, and Fort Leavenworth. The level of isolation varied from prison to prison, but certain restrictions have been constant. For the full length of her sentence, shes been forbidden from accessing the internet or meeting with people she did not know before prison. In some, shes been forbidden from having paper or even clothes.
See: WarDiaries.Wikileaks.org (link):
"WarDiaries.Wikileaks.org is a website which provides an easy way to search through the Iraq and Afghan War Diaries, which were made public by Wikileaks on 22nd October 2010. The documents are a set of over 391,000 reports which cover the war in Iraq from 2004 to 2009 and Afghanistan from 2004 to 2009. "
How HIV became a matter of international security (Mosaic, link):
"The rhetoric of national security has shaped the way activists and officials address epidemic diseases today, solidifying partnerships and funding streams. And though there are clear advantages to this large-scale, top-down approach of military involvement, there is much to learn about the best way to stop a pandemic."
EU: European Arrest Warrant: reports on Eurojust casework 2014-16 and Member States' prison conditions
EU judicial cooperation agency Eurojust recently issued two reports: one examining its casework in relation to the European Arrest Warrant (EAW) between 2014 and 2016, and the other summarising a recent debate held by Member States' representatives at Eurojust on the topic of EAWs and prison conditions.
Refugee crisis: latest news from across Europe (15.5.17) including: 388 people die in one year trying to reach Spain
EU wastes no time welcoming prospect of Big Brother databases
- Justice and Home Affairs database could cover terrorism, organised crime and crime in general
- Centralised database will cover "new and existing" databases with proposals for biometric matching including facial images ("the biometric of the future") and a "common repository" of personal data on millions of people
- USA expresses "interest" in EU plan for a single law enforcement database
Statewatch Analysis: Who drives EU counter-terrorism? On the legislation of the European Union (pdf) by Heiner Busch and Matthias Monroy:
The formal process of developing and implementing EU counter-terrorism law and policy begins with the heads of government, in the European Council, setting out strategic guidelines. Thereafter, the Commission produces proposals for laws and policies that are discussed by the Council of the EU (made up of government officials) and the Parliament. However, this formal task-sharing between the institutions of the EU does not say much about the power relations and impulses surrounding counter-terrorism policy.
EU: Plans to boost information-gathering and exchange by law enforcement authorities and agencies - implementation report
An updated report on the implementation of the Council's 'Roadmap to enhance information and exchange and information management' gives a detailed overview on the numerous initiatives underway that seek to increase the gathering, processing and exchange of data amongst law enforcement authorities in the EU.
EU: Council foresees "strong and effective legislation" on data retention, encryption and "online investigation powers"
The Council's latest version of its 'Cybersecurity Strategy Roadmap' gives an overview of current EU initiatives in the field of cybersecurity, and under the heading of "cybercrime" foresees a need for "strong and effective legislation" on data retention, e-evidence, mutual legal assistance, encryption, online investigation powers, cryptocurrencies and due diligence.
EU: Council pushes to "increase the feed and use of biometric data" in draft conclusions on security checks and irregular migration
"The effectiveness of cross-checking both regular and irregular migrants against security databases depends to a large extent on the availability of biometrics. Illegal border-crossings are often undocumented, which means that it is impossible to run a check against any security database unless biometrics are utilised."
UK: Deputy police and crime commissioner resigns following spycop reports
A deputy police and crime commissioner has resigned following reports that he worked as an undercover police officer in the early 1990s, infilitrating political groups and deceiving a 19-year-old woman into a sexual relationship.
Home Monitors Are Getting Smarter (and Creepier) (MIT Technology Review, link):
"Startup Lighthouses home assistant-slash-monitor can tell you whos in your house, and what theyre doing.
A new smart-home assistant and security monitor can tell the difference between specific adults and spot kids and pets, and send you smartphone alerts about what theyre up to."
BULGARIA: No access to a lawyer for first three days under arrest: no problem, says European Court of Human Rights
"In todays Grand Chamber judgment in the case of Simeonovi v. Bulgaria (application no. 21980/04), the European Court of Human Rights found:
- unanimously, that there had been a violation of Article 3 (prohibition of inhuman and degrading treatment) of the European Convention on Human Rights, and
- by twelve votes to five, that there had been no violation of Article 6 §§ 1 and 3 (c) (right to a fair trial/right to legal assistance)
The case concerned the absence of legal assistance for the first three days of the detention of Mr Simeonov, who was sentenced to life imprisonment, and the conditions of the detention and prison regime imposed on him.
The Court found in particular that Mr Simeonovs conditions of detention, in combination with the strict regime under which he was serving his sentence and the length of his period of imprisonment since 1999, had subjected him to an ordeal exceeding the suffering inherent in serving a prison sentence, which had amounted to inhuman and degrading treatment, reiterating its recommendations in paragraph 280 of the Harakchiev and Tolumov v. Bulgaria judgment.
The Court also found that Mr Simeonovs right to legal assistance had been restricted for the first three days of his police custody, but that that restriction had not irremediably infringed the criminal proceedings as a whole."
See: Lack of legal assistance in police custody did not irremediably infringe the fairness of criminal proceedings, against a person whose conditions of detention amount to in human and degrading treatment (press release, pdf) and the judgment: Case of Simeonovi v Bulgaria (application no. 21980/14, pdf)
ECHR: Danish chairmanship of the Council of Europe to weaken the European Convention on Human Rights (ECRE, link):
"Denmark, once a proud Scandinavian front runner in the global work to strengthen human rights, might have surprised some observers when it was announced in November 2016 that the government had formed a task force of civil servants that were going to lobby the other 46 governments in the Council of Europe in order to change the dynamic interpretation of the ECHR. Those closely acquainted with developments in Denmark, however, would have noticed a series of very restrictive legislative measures following the arrivals of asylum seekers in Europe in the autumn of 2015.
While the 1951 UN Refugee Convention does not contain a right to family reunification the ECHRs Article 8 on the right to private and family life is a vital legal instrument for the protection of this right. When undermining the dynamic interpretation of the ECHR, practiced by the European Court on Human Rights (ECtHR) in Strasbourg, Denmark is in fact targeting the right to family reunification."
Italy, Germany call for EU mission on Libya-Niger border (EurActiv, link):
"The German and Italian interior ministers have called for an EU mission to be installed on the border between Libya and Niger to stem migrant crossings to Europe.
In a letter to the European Commission dated 11 May, of which AFP obtained a copy on Sunday (14 May), ministers Thomas de Maizière and Marco Minniti said they are convinced that we all must do more to prevent that hundreds of thousands of people once again risk their lives in Libya and on the Mediterranean Sea in the hands of smugglers.
Italy had already registered nearly 42,500 migrants coming by sea by mid-April this year and 97% of them arrived from Libya, the letter said.
It called for the setting up of an EU Mission at the border between Libya and Niger as soon as possible."
See also: Germany and Italy want EU to halt migrants in Libya (EUobserver, link)
EU: Council moves towards adopting position on audiovisual media services Directive
The Council of the EU is moving towards adopting its position on the audiovisual media services Directive, according to a recent document obtained by Statewatch.
SPAIN: 388 people die on the Spanish coasts in one year including 122 children
Between September 2015 and December 2016, 388 people died in their attempt to arrive in Spain by boat. 31.4% of them were children and 7.9% of them women, according to an extensive report by the NGO Caminando Fronteras. The organisation documents that, behind these deaths, beyond the risk implicit in the sea crossing, are deficiencies in the rescue efforts at the southern border that "give precedence to migration control over saving lives."
Refugee crisis: latest news from across Europe (12-14.5.17)
Council of the European Union: Proposal for a Regulation on the protection of individuals with regard to the processing of personal data by the Union institutions, bodies, offices and agencies... Preparation for a general approach (LIMITE doc no: 8431-17, pdf): Following on from the General Regulation on the processing of personal data comes an important follow-up facing a bit of a rushed procedure:
"The rules of the Regulation on data protection rules for Union institutions, bodies, offices and agencies and those of the General Data Protection Regulation should be coherent, aligned as far as possible and applicable as of the same date: 25 May 2018."
"State of play: "Changes to the Commission proposal are indicated in bold. DK, FI, SI, UK and the Commission maintain a general scrutiny reservation on this text..... The European Parliament is expected to establish its position on the proposal at its October Plenary session....
Conclusion: The Presidency invites the Permanent Representatives Committee to endorse the text of the Regulation on data protection rules for Union institutions, bodies, offices and agencies as it appears in Annex with a view to the adoption of a general approach on this text at the Council (JHA) on 8/9 June."
UK: Police drop investigation into racist gang stabbing of refugee child and tell him 'don't go out alone at night' (Independent, link)
"Exclusive: Search for men who beat Eritrean boy in hate crime attack abandoned, in same week Britain First are accused of targeting asylum seekers in the area."
EU: Council of the European Union: Blue Card ("Legal" Migration) and ETIAS
BLUE CARD: Proposal for a Directive on the conditions of entry and residence of third-country nationals for the purposes of highly skilled employment (LIMITE doc no: 8912-17, pdf): The Council developing its negotiating position prior to trilogue meetings with parliament. With 139 Footnotes on Member State positions:
"the Presidency has introduced modifications in the text to be discussed at the meeting of JHA Counsellors on 15 May. These modifications are indicated in bold and the deleted text is marked with strikethrough."
ETIAS: Proposal for a Regulation of the European Parliament and of the Council establishing a European Travel Information and Authorisation System (ETIAS) (LIMITE doc no: 8584-17, 10 May 2017, pdf) The Council developing its negotiating position prior to trilogue meetings with parliament. With 21 Footnotes on Member State positions:
"Delegations will find in the annex to this note compromise text proposals submitted by the Presidency on the above-mentioned subject."
ETIAS: Previous amendments (LIMITE doc no: 8579-17, dated 10 May 2017, pdf): Substantial revisions:
"Delegations will find in the annex to this note compromise text proposals submitted by the Presidency on the recitals of the ETIAS proposal."
Note from: Czech and Belgian Delegations (LIMITE doc no: 9050-17, dated 11 May 2017, pdf):
"Delegations will find in the ANNEX the non paper prepared by the Czech and Belgian delegations,... In our opinion, there are still many outstanding legal and technical questions"
EU: Council of the European Union: SIS and the return of illegally staying third-country nationals
Proposal for a Regulation on the use of the Schengen Information System for the return of illegally staying third-country nationals - Revised compromise version of Articles 1 to 4 (LIMITE doc no: 8108-17, pdf):
"General scrutiny reservations on this instrument are pending from AT, BG, CZ, DE, EL, FI, HU, IT, LT, NL, PL, PT, SE, SI, SK and UK. Parliamentary reservations are pending from DE, PL, SE and UK. Reservations on specific provisions are indicated in footnotes.
Changes to the original Commission proposal are marked as follows: new or modified text is in bold underlined. Deletions are in strikethrough."
EU: Council in a twist over data retention judgment
The Council of the European Union is really struggling to finds ways around the Court of European Justice judgment in "Tele 2 and Watson": See: Access criteria for competent authorities to retained communication data - Exchange of views (LIMITE doc:no 8798-17, pdf)
The Court essentially laid down that data could only be retained for the purpose of serious crime and terrorism, that there must be set out in law:
"ex-antereview, oversight, individuals' rights and security and protection of retained data"
And that there must be a legal requirement that the data: "concerned should be retained within the European Union." Thus personal data cannot be transferred to a third state (eg: the USA)
Tony Bunyan, Statewatch Director, comments:
"Despite the 2014 Digital Rights Ireland judgment the Council, the Commission and Member States have simply carried on ignoring the ECJ's verdict that the Data Retention Directive has been unlawful since it was adopted in 2006. In 2016 the "Tele 2 and Watson" judgment came to the same conclusions. For how long will they be allowed to flout the rule of law?"
EU: Council of the European Union: Qualifications Directive
With substantive reservations by Member States:
Revision 2 (LIMITE doc no: 8968-REV-2-17, 11 May 2017, pdf): With 186 Footnotes with Member State positions:
"New or modified text compared to the previous version of this document is to be found in Recitals (36a) and (41a), in Article 2 (9) and (14) and in Article 28 (2)."
Revision 1 of text (LIMITE doc no: 8968-REV-1-17, 10 May 2017, pdf): 186 Footnotes with Member State positions:
"Comments made by delegations on the Commission proposal text and on the Presidency compromise proposals, orally and in writing, as well as explanations given by the Presidency, appear in the footnotes of the Annex."
Proposal for a Regulation on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection... (LIMITE doc no: 8968-17, 10 May 2017, pdf): 187 Footnotes with Member State positions:
"The attention of the delegations is drawn to the fact that , following the JHA Counsellors meeting on 16 May, the Presidency intends to submit the text to Coreper and subsequently to the Council for a partial general agreement."
EU: Legislative Tracker : the European Travel Information and Authorisation System (ETIAS) (FreeGroup, link):
"The European Commission, on 16 November 2016, has put forward a proposal (COM(2016) 731, 16.11.2016, 2016/0357(COD)) establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulation (EU) (EU) 2016/399 (the Schengen Borders Code), (EU) 2016/794 and (EU) 2016/1624.
This proposal is being negotiated as part of the Smart Border Package and aims to ensure a high level of internal security and free movement of persons in the Schengen area. The Commission didnt conduct an impact assessment but published a feasibility study on ETIAS, conducted between June and October 2016."
EU: Think of the children: the ECJ clarifies the status of non-EU parents of EU citizen children living in their own Member State (EU Law Analysis, link):
"What immigration rights do non-EU citizens have under EU law? There are three main areas of EU law that address this issue: EU immigration and asylum law; EU treaties with non-EU countries; and EU free movement law. The latter area of law is focussed on EU citizens right to move between Member States, and so only covers non-EU citizens if they are family members of EU citizens who have moved to another Member State. Those rules also apply by analogy where an EU citizen with a non-EU family member has moved to another Member State, then moved back to that citizens home Member State. (These are known as Surinder Singh cases: see this discussion of the ECJs most recent ruling on such cases, from 2014)."
See: ECJ: A third-country national may, as the parent of a minor child who is an EU citizen, rely on a derived right of residence in the EU (Press release, pdf)
"The fact that the other parent, an EU citizen, could assume sole responsibility for the primary day-to-day care of the child is a relevant factor, but is not in itself a sufficient ground to refuse a residence permit. It must be determined that there is not, between the child and the third-country national parent, such a relationship of dependency that a decision to refuse a right of residence to that parent would compel the child to leave the EU."
EU: European Parliament: Reception Directive: Report: on the proposal for a directive of the European Parliament and of the Council laying down standards for the reception of applicants for international protection (recast) (pdf) Details the parliament's proposed amendments.
See also Council developing its position: Proposal for a Directive laying down standards for the reception of applicants for international protection (recast) (LIMITE doc no: 8258-17, pdf): The Council developing its position before entering trilogue meetings with the European Parliament. Lots of amendments from the Council Presidency and with 134 Footnotes with Member States' positions: "The text of the proposal in Annex contains modifications suggested by the Presidency in relation to all articles except for the recitals: placed in square brackets, to be discussed at a later stage."
Entry-Exit System (EES) Council of the European Union: Mandate for negotiations with the European Parliament (Doc no: 6960-17, pdf): "The changes vis-à-vis the Commission proposal are highlighted in underline and [ ]."
And see: The European Parliament's amendments to the Commission proposals (pdf)
A second, secret, trilogue meeting of the Council and parliament was held on 10 May 2017.
Germany makes the leap from hate crime to far-right terrorism (New Europe, link):
"Ahead of regional elections on Sunday, May 14, in the state of North Rhine-Westphalia, DW reports on a hate campaign against foreigners. Hundreds of letters marked with the regional council logo (LVR) are sent to unsuspecting households. The letters include references to women allegedly killed by refugees in Freiburg and Stockholm, complete with appalling photo images designed to shock. The regional council has filed criminal charges, while the national postal service is conducting an investigation."
Nine EU Governments Tell Poland to Restore Rule of Law (Liberties.eu, link):
"Nine EU governments at the UN yesterday called on Poland to restore its formerly independent and effective Constitutional Tribunal and protect the rule of law. But will EU ministers speak up again at next weeks General Affairs Council?"
Istanbul Convention: Action against violence against women and domestic violence: EU to join Istanbul Convention (Coe, link):
"The Secretary General of the Council of Europe, Thorbjorn Jagland, warmly welcomed today the European Union Council's decisions on the signing of the Council of Europe Convention (Istanbul Convention) on preventing and combating violence against women and domestic violence.
By deciding to join the Istanbul Convention, the European Union confirms its commitment to combating violence against women within its territory and globally, and strengthens the existing legal framework and its capacity to act. "
See: The Convention (link) and Explanatory report (link)
EU demands urgent talks with Washington over laptop ban (euractiv, link):
"The European Union has demanded urgent talks with the United States over a possible extension to some European countries of a US ban on airline passengers taking laptops into cabins, saying any security threats faced are common."
GERMANY: Second German soldier arrested over 'false flag' plot to assassinate left-wing politicians in terror attack (The Independent, link)
"A second soldier has been arrested for allegedly planning a false flag terror attack to be blamed on refugees in Germany amid fears of a wider neo-Nazi network within the army.
The plot was exposed with the arrest of a German lieutenant, Franco A, who was found to be posing as a Syrian refugee in order to carry out a shooting attack targeting left-wing politicians.
One of his friends at Illkirch-Graffenstaden barracks in France has now been detained for allegedly covering for the soldiers absences as he periodically returned to Bavaria to continue the ruse."
EU: Eurojust Annual Report 2016 at the EP: Responding to the security threat landscape (Eurojust, link):
"Today, the President of Eurojust, Ms Michèle Coninsx, presented the Eurojust Annual Report 2016 at a hearing of the Committee on Civil Liberties, Justice and Home Affairs of the European Parliament (LIBE Committee), followed by a question and answer session with LIBE Committee members on topics ranging from radicalisation, freezing and confiscation, the European Arrest Warrant, harmonisation of legislation, and complementarity with other agencies.
Ms Coninsx highlighted the operational, strategic and tactical work of Eurojust. The year 2016 has been challenging in the security context. Eurojust has stepped up its activities to counter terrorism, cybercrime and serious organised crime, including illegal immigrant smuggling and trafficking in human beings. To do so, Eurojust connects and cooperates with practitioners networks, the centres at Europol and its network of judicial contact points in third States. Eurojust was involved in the judicial response to all the terrorist attacks in 2016, ensuring speedy mutual legal assistance in 2 306 cases, support to 148 joint investigation teams and assistance with the execution of more than three hundred European Arrest Warrants. Three hundred cases involved third States."
See: Eurojust Annual Report 2016 (7 MB, pdf)
Refugee crisis: latest news from across Europe (11.5.17) including: 500 people turned back to Libya after altercation with NGO ship
GREECE: Between Deterrence & Integration (Refugees Deeply, link)
An in-depth examination of the attempts, succeses, challenges and failures in the integration of migrants and refugees in Greece:
"It has been tempting amid the fallout from Greeces historic recession to dismiss the mishandling of the other crisis forced upon it that of hugely increased refugee and migrant flows as unavoidable or inevitable.
It is a temptation that Andreas Pottakis is determined to resist. A lawyer who took over as national ombudsman toward the end of 2015, a year that saw just over a million refugees and migrants enter Greece, he is putting the finishing touches to a report on the official response. It is expected to compound recent criticism of the Greek government and the European Commission, which, as by far the largest donor, has been party to all aspects of the handling of the crisis."
MEDITERRANEAN: Libyan coastguard turns back nearly 500 migrants after altercation with NGO ship (Reuters, link):
"Libya's coastguard said it had intercepted nearly 500 migrants packed onto a wooden boat and returned them to Tripoli on Wednesday after warning off a ship that was preparing to pick them up for passage to Europe.
Footage filmed by Sea-Watch, a non-governmental organization, showed a Libyan coastguard vessel coming within meters of its own ship as it sped to stop the migrants.
...Ruben Neugebauer, a spokesman for Sea-Watch, said the NGO had received instruction from Italy's coastguard control center in Rome that the Libyan coastguard would be taking over "on-scene command", and that the Sea-Watch ship had stopped to await further instructions.
"Without any warning, they crossed our bow on the way to the migrant boat," Neugebauer said. "They made an extremely dangerous maneuver. They nearly hit our boat, they endangered our crew.""
The EU is currently providing training to the Libyan coastguard. See: Why Cooperating with Libya On Migration Could Damage the EUs Standing (Human Rights Watch, link):
"But Italy and the EU may also see another benefit [in giving training to the Libyan coastguard]: preventing arrivals on EU shores by getting the Libyans to intercept the boats before they reach international waters. Once there they could come into any contact with the EU operation in the central Mediterranean known as EUNAVFOR MED or Operation Sophia, the European border agency Frontex, or vessels operated by nongovernmental groups.
EU-flagged vessels are bound by the principle of non-refoulement, which bars returning anyone to a place where they face threats to their lives and freedoms. If migrant boats intercepted in Libyan waters by Libyan vessels are taken back to Libyan shores, however, the EU non-refoulement obligations would not be triggered. Libya has not ratified the international refugee convention, does not have a functioning asylum system, and, as stated above, subjects migrants and asylum seekers to abuse."
See also: Italy investigating some migrant aid workers for people smuggling (Reuters, link)
EU: Schengen area: Council recommends up to six month prolongation of internal border controls (press release, pdf):
"On 11 May 2017, the Council adopted an implementing decision setting out a recommendation to prolong temporary internal border controls in exceptional circumstances.
As from this date, when the previous decision expires, Austria, Germany, Denmark, Sweden and Norway may prolong proportionate temporary border controls for a maximum period of six months at the following internal borders:
- Austria at the Austrian-Hungarian land border and Austrian-Slovenian land border
- Germany at the German-Austrian land border
- Denmark in the Danish ports with ferry connections to Germany and at the Danish-German land border
- Sweden in the Swedish harbours in the Police Region South and West and at the Öresund bridge
- Norway in the Norwegian ports with ferry connections to Denmark, Germany and Sweden"
See: Council implementing decision setting out a recommendation allowing for the prolongation of temporary internal border controls (9040/17, pdf) and: Internal border controls to end in six months, says EU (Statewatch News Online, 3 May 2017)
India's biometric identity cards spark privacy concerns (France 24, link):
"In India, debate is raging over what's been dubbed "the world's largest mass surveillance project". Over a billion Indians now have identity cards with unique ID numbers associated with their biometric information. The card is essential for many things in daily life, from opening a bank account to accessing welfare schemes. The government says the system will help stamp out corruption and increase digital transparency, but critics denounce a case of "Big Brother". Our correspondents report."
Here Comes the War for Commercial Drone Dominance (Bloomberg, link):
"At some point in the not-too-distant future, fleets of commercial drones are expected to swarm across American skies. Companies in a wide range of industries will employ unmanned vehicles for tactical advantageinspecting infrastructure, surveying crops, maybe even estimating how much your new roof will cost.
And when these drones fly, a torrent of data will follow them like an invisible contrail."
Hungary Indicts 11 for Truck Suffocation of 71 Refugees (OCCRP, link):
"Hungary indicted on Thursday 11 suspected people-smugglers for the death of 71 refugees whose bodies were found two years ago in a truck in Austria during the peak of Europes migration crisis.
Between February and August 2015, prosecutors say the smuggling ring moved more than 1,200 people into Western Europe. From June, they were transporting immigrants to Germany and Austria on a daily basis.
The alleged ringleader of the group was a 30-year-old Afghan man, who funded and orchestrated the operation. He is believed to have personally profited at least 300,000 (US$ 328,000) from the venture."
And see: Italy arrests Libyan suspected of involvement in migrant murder (Reuters, link):
"Italy has arrested a Libyan man suspected of involvement in the killing last week of a migrant, who was shot dead when he refused to take off his baseball cap, police said on Thursday."
UK: An AI Will Decide Which Criminals in the UK Get Bail (Motherboard, link):
"Get arrested in Durham, England, and artificial intelligence could help decide whether you're held in custody or sent homebut it's not yet clear if the algorithm is more accurate than police officers when it comes to assessing whether someone is likely to reoffend.
Durham Constabulary has worked with academics from the University of Cambridge to develop the Harm Assessment Risk Tool (HART), an algorithm that analyses crime data and predicts whether an arrested suspect is likely to pose a risk if released from custody.
The tool is similar to those recently rolled out in the United States."
Leaked EU digital progress report reveals hurried changes (EUobserver, link):
"The European Commission revealed some of the last-minute changes it made to its own assessment of its digital single market strategy, by publishing a draft document instead of the final version on Wednesday (10 May).
While EU commissioner Andrus Ansip was presenting the mid-term review of the digital single market strategy in the commission's press room in Brussels, the final report was supposed to be made public on the website of the commission, which is the EU's executive body.
Instead, the commission's press release linked to a word processor document, which showed a draft version, including changes made by two commission officials."
See: Big business interventions leave the EU Digital Single Market with more holes than Swiss cheese (Julia Reda MEP, link)
And: European Commission: Communication on the Mid-Term Review on the implementation of the Digital Single Market Strategy - A Connected Digital Single Market for All (COM (2017) 228): draft and final version (pdfs).
Refugee crisis: latest news from across Europe (8-10.5.17) including: racism plays a key role in exclusion and violations of migrants' rights
NETHERLANDS: Four arrested; 1 million seized in encrypted phone investigation (NLtimes.nl, link):
"The police arrested four people and seized 1 million euros in cash in an investigation into providers of smartphones that encrypt communication data. Investigators believe the suspects sold these encrypted phones to criminals, RTL Nieuws reports.
The encryption makes it harder for the authorities to listen in on conversations or read text messages from a distance. This trait makes encrypted phones extremely popular among criminals who want to hide their communication from the police.
Arrests were made in Diemen, Berkhout and Huizen on Tuesday. The million euros in cash was found in a building on Plantage Muidergracht in Amsterdam. According to Het Parool, this is the home of the prime suspects in the investigation. Houses and office buildings were raided in Amsterdam, Almere, Huizen, Zandvoort, Koggenland and Zeewolde by the police's High Tech Crime team."
European Parliament: studies on implications of Brexit for UK territories, EU and UK citizens, forthcoming negotiations
The European Parliament has recently published four studies examining various facets of the Brexit process: the legal, political and institutional situation in the UK with regard to the negotiations with the EU on Brexit; the consequences for Northern Ireland; the consequences for Scotland, Wales and Gibraltar; and the potential impact and consequences on the acquired rights of EU citizens in the UK and UK citizens in the EU.
Statewatch Analysis: Germany: Almost suspicious: the unbearable lightness of legislation (pdf) by Heiner Busch:
The lorry attack on the Berlin Christmas Market on 19 December 2016 was the perfect reason for the German government to demand even stricter laws on counter-terrorism. With 12 people killed and 55 hurt it was the most severe individual attack since the neo-Nazi assault at the Oktoberfest in 1980.
UK: Leaked: The UK's secret blueprint with telcos for mass spying on internet, phones and backdoors (The Register, link):
"The UK government has secretly drawn up more details of its new bulk surveillance powers awarding itself the ability to monitor Brits' live communications, and insert encryption backdoors by the backdoor.
In its draft technical capability notices paper [PDF], all communications companies including phone networks and ISPs will be obliged to provide real-time access to the full content of any named individual within one working day, as well as any "secondary data" relating to that person."
See: Selective, secret consultations have no place in open Government (Open Rights Group, link)
UK: Police take crime fighting to the skies with launch of new drone unit (Wiltshire Times, link):
"WILTSHIRE Police will soon be taking the fight against crime to the skies with the launch of their Unmanned Aviation Support Group (UASG) pilot.
In 2016, Chief Constable Mike Veale began exploring an opportunity for Wiltshire Police to follow the lead of a small number of forces in developing an Unmanned Aviation capability to augment the provision provided by the National Police Aviation Service (NPAS).
The Chief Constable recognised that members of the Special Constabulary already had extensive experience in this area, and decided to harness their experience by asking these Special Constabulary officers to take the lead on the project. Special Superintendent Scott Bateman has led the project and swiftly brought the aircraft into service.
Members of the Special Constabulary and one regular police officer have been professionally trained in the use of Unmanned Aerial Vehicles (UAVs) and the proper licences have been obtained from the Civil Aviation Authority (CAA). Special Constables undertake a variety of different roles in their day jobs and have the same powers as regular officers. They all give at least 16 hours a month, many volunteer for many more hours, and get involved in all areas of policing. "
Italy builds new detention centers to speed up migrant deportations (Reuters, link):
"Italy will open new detention centers across the country in the next few months as part of its push to speed up deportations of illegal migrants, despite critics saying that the centers are not only inhumane but also do not produce the desired result.
Violent protests and difficulty identifying migrants has led to the closure of similar centers over the past few years, but on Tuesday the Interior Ministry asked regional governments to provide a total of 1,600 beds in such centers.
Interior Minister Marco Minniti says migrants must be detained to stop them from slipping away before they can be sent home."
ITALY/MALTA: 'You have to call Malta': recordings suggest Italy dallied while hundreds drowned (Times of Malta, link):
"By 1.48pm, Mohammed Jammo was on the verge of despair.
"We are dying, please! Don't abandon us! We have no captain, he ran away. I have no credit on my phone, please help," he pleaded with an official at Italy's rescue coordination centre in Rome.
By that time, Mr Jammo - a self-described Syrian doctor - and the hundreds of men, women and children aboard the rickety boat some 60 nautical miles south of Lampedusa had been waiting more than an hour for help to arrive.
The reply from Rome was chilling. "Yes, yes. You have to call Malta. You have to call Malta."
It would take a further four hours for a rescue vessel to make it to their position, despite an Italian warship being situated just an hour-and-a-half away. By then, Mr Jammo and the boat's other passengers were in the water. Hundreds were dead."
EU: The rise of post-national democracy: Macron, Brexit and the electoral reform of the European Parliament (European Policy centre, link):
"Emmanuel Macron is the first European leader to be elected on a platform that embraces the electoral reform of the European Parliament. He is convinced that, in order to change the Union, the EP needs greater legitimacy, and that such legitimacy will only come if the relationship between the Parliament and the electorate gets to be closer and more direct. In this Discussion Paper, Andrew Duff examines the likelihood of electoral reform of the Parliament, and whether or not the circumstances today are right to introduce a transnational list on the ballot in time for the European elections of May 2019. Many electors in the polling stations would be amazed; some would be confounded; but most would enjoy their first material prize from the privilege they enjoy as European Union citizens. European democracy would be refreshed. Mr Macron would have delivered."
EU: Racism plays a key role in migrants exclusion and violations of rights in the European Union
Brussels, 2 May 2017 Anti-migrant political discourses and exclusionary migration policies are having a disproportionate impact on racialised migrants, according to a new report by the European Network Against Racism, covering 26 EU countries. Migrants are increasingly the targets of racist violence and speech; and face discriminatory policies and attitudes hindering their access to the labour market.
CZECH REPUBLIC: Girl Scout threatened after confronting neo-Nazi protesters in striking photo (The Independent, link):
"A Girl Scout has been placed under police protection after a photo showing her confronting a group of neo-Nazis during a rally in the Czech Republic went viral.
The Interior Ministry's centre against terrorism and hybrid threats said the move was prompted by threats against 16-year-old student Lucie Myslikova that appeared on Facebook.
The teenager was among about 300 protesters who confronted a rally of the far-right Workers Party of Social Justice on May Day, in the second-largest city of Brno."
And see: The story behind a powerful photo of a Czech girls contempt for neo-Nazis (The Washington Post, link)
EU-UK: Brexit: Against free movement? Let's start with those northerners flocking to London (New Statesman, link):
"Absolute free movement within the UK means that over 200,000 people move to London from elsewhere each year. This must stop!"
UK: Don't let Trump get his hands on our data - Sign now! (Open Rights Group, link):
"President Trump now has unrivalled access to data collected by UK intelligence agencies. And thanks to the UKs Investigatory Powers Act, the UK is collecting huge amounts of data about all our lives in Britain and around the world - in bulk.
Trump has threatened to use torture, ban Muslims from entering the US, and expand use of the death penalty. He plans to ban most refugees and suspend visas for people coming from majority-Muslim countries.
The Investigatory Powers Act is a careless law, passed by MPs who didnt consider future abuse. We cant let Trump use our data to strip away basic liberties.
Can the UK really continue listening in on our lives and putting the data in Trumps hands to use as he likes?"
Why Were So Hypocritical About Online Privacy (Harvard Business Review, link):
"Social psychologists have known for decades that the relationship between attitudes and behaviors is complex, if not weak. This is true online as well as offline. For example, though you may be irritated by the retargeting ads that follow you around the web, it probably hasnt changed your online shopping behavior. By the same token, the widespread anger and distrust reported by the general public when the Edward Snowden NSA saga erupted did not decrease internet use. In fact, it did not even increase the adoption rate of higher security settings on social media. In other words, even when people say they are concerned with online privacy, their concerns may not be strong enough to drive digital abstinence. While more people are using VPNs, ad blockers, and tracking blockers to reclaim lost privacy, theyre still in the minority."
Council of the European Union: Reception, Eurodac & Visas
RECEPTION: Proposal for a Directive laying down standards for the reception of applicants for international protection (recast) (LIMITE doc no: 8258-17, pdf): The Council developing its position before entering trilogue meetings with the European Parliament. Lots of amendments from the Concil Presidency and with 134 Footnotes with Member States' positions:
"The text of the proposal in Annex contains modifications suggested by the Presidency in relation to all articles except for the recitals: placed in square brackets, to be discussed at a later stage."
EURODAC: Proposal for a Regulation on the establishment of 'Eurodac' for the comparison of biometric data for the effective application of [Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person]... (LIMITE doc no: 8502-17, 94 pages, pdf): The Council developing its position before entering trilogue meetings with the European Parliament.
"Delegations will find in Annex suggestions from the Presidency for modifications of the text of the draft Eurodac Regulation."
VISA FORMAT: Proposal for a Regulation amending Regulation (EC) No 1683/1995 of 29 May 1995 laying down a uniform format for visas (LIMITE doc no: 8510-17, pdf): Almost final Council text.
One of the first times that the impending BREXIT is referred to in Council decision-making:
"This proposal envisaged a "hybrid" Regulation, applying to the Schengen States and allowing for Ireland and the UK to opt in by reference to Protocol 21 TFEU. However, the Council Legal Service (CLS) expressed the view that the proposal constituted a development of the Schengen acquis, and therefore it was not subject to Protocol 21 but to Protocol 19. This means that Ireland and the UK cannot opt in. At the same time, Member States agreed that a solution would need to be found to allow Ireland to use the visa sticker format in one way or another." [emphasis added]
Swiss bank account 'spy thriller' case raises German ire (Reuters, link):
"erman politicians reacted angrily on Thursday to reports that Switzerland planted a spy in a regional finance ministry to find out how it obtained details of secret Swiss bank accounts, days after police arrested another man also suspected of spying.
The Sueddeutsche Zeitung newspaper and broadcasters NDR and WDR reported that the Swiss Federal Intelligence Service (FSI) had a mole in the North Rhine-Westphalia (NRW) finance ministry searching for details of German tax investigators. "
Hungary withdraws from negotiations over asylum law, dares EC to take legal action (Budapest Beacon, link):
"The Hungarian government walked away from the negotiating table as discussions with the European Commission broke down over Hungarys asylum policy. In a defiant statement issued by the Prime Ministers Cabinet Office on Wednesday, the government insisted that Since the negotiations were unsuccessful, Hungarys government does not wish to change the rules concerning immigration, and if the Brussels commission launches legal proceedings, we stand ready to fight the legal dispute.
With this, the government has given up on all negotiations with the European Commission over its asylum policy, and openly invited the EC to take legal action. The governments statement made clear that it would not budge on the existence of the so-called transit zones erected along Hungarys southern border, designed to hold asylum-seekers in detention and house them in shipping containers while their asylum applications are being processed.
The Commission opposes the existence of these transit zones, arguing they break EU rules that prohibit the detention of persons based solely on their request for international protection.... "
Director of Public Prosecutions asks Foreign Office to withhold evidence in torture case (Reprieve, link):
"Britains most senior prosecutor has asked the Foreign Office to apply to withhold evidence from two survivors of a UK-US rendition, it emerged today.
The move surfaced in a court hearing involving the 2004 rendition of Abdul-Hakim Belhaj and his then-pregnant wife, Fatima Boudchar. The couple who were kidnapped, tortured and forcibly taken to Gaddafis Libya in a joint UK/US operation are challenging last years decision by Alison Saunders, the Director of Public Prosecutions (DPP), not to charge any UK officials over their abduction.
It emerged today that the DPP has asked the Foreign Office to intervene in the victims legal challenge to seek so-called closed material procedures, or CMPs, in the case. The court also heard how the DPP has shared confidential Crown Prosecution Service (CPS) case files with the Foreign Office."
Norway defends NGOs in Hungary and Poland (euobserver, link):
"Norway's prime minister Erna Solberg said Hungary and Poland must allow independent funding of NGOs as part of a 1 billion Norwegian aid scheme, which is currently up for renewal.
Poland and Hungary want Norway to waive a requirement that EEA (European Economic Area) funds to civil society must be channelled through an administrative body that is meant to be independent of their governments. Solberg rejected the demand.
"We cannot allow Poland and Hungary to control the money to civil society. We must have independent organisations that assign them," she told Norwegian press agency NTB."
Support for far-right groups setting the tone for migration debate, EU Parliament told (theparliamentmagazine.eu, link):
"A hearing in Parliament has been told that in several EU member states, governments have made it clear that irregular and Muslim migrants are unwelcome."
Refugee crisis: latest news from across Europe (4-7.5.17)
WIKILEAKS: Archimedes: 5 May, 2017
"Today, May 5th 2017, WikiLeaks publishes "Archimedes", a tool used by the CIA to attack a computer inside a Local Area Network (LAN), usually used in offices. It allows the re-directing of traffic from the target computer inside the LAN through a computer infected with this malware and controlled by the CIA. This technique is used by the CIA to redirect the target's computers web browser to an exploitation server while appearing as a normal browsing session.
The document illustrates a type of attack within a "protected environment" as the the tool is deployed into an existing local network abusing existing machines to bring targeted computers under control and allowing further exploitation and abuse."
EU embraces UK counter-extremism policies despite human rights concerns (link):
"Europol chief describes Prevent as 'best practice model' as Home Office communications unit takes lead in EU-wide counter-extremism campaign...
Critics of Prevent, who include the Council of Europes human rights commissioner, argue that it is discriminatory against Muslims and potentially undermines free speech, civil liberties and even counter-terrorism efforts."
Press release: Undercover policing and Scotland: crowdfunding reaches first milestone
Press release from the Public Interest Law Unit, 5 May 2016
On Monday 24th October 2016 the Public Interest Law Unit hrough its legal agents in Scotland launched Judicial Review proceedings against the Home Office and the Scottish government. The proceedings filed in Edinburgh seek to challenge the following:
(1) the decision of the UK Government to refuse to extend the terms of reference of the Pitchford Inquiry into undercover policing to cover Scotland and separately
(2) the decision of the Scottish Ministers to refuse to set up a Scottish Inquiry under and in terms of the Inquiries Act 2005 with terms of reference equivalent to those of the Pitchford Inquiry but covering Scotland.
European Parliament: Study: The impact and consequences of Brexit on acquired rights of EU citizens living in the UK and British citizens living in the EU-27 (pdf):
"examines the concept of acquired (or vested) rights in public international law, analyses the gradual establishment and evolution of these rights and draws from case law as well as other precedents in order to establish the validity and force of acquired rights in customary and conventional international law. It also analyses the protection of such rights within the EU legal order, and examines the citizenship rights that will have to be taken into account during the UK withdrawal negotiations as well as their potential permanence in the EU and UK legal orders after Brexit.
It concludes with an assessment on the legal force of acquired rights after Brexit and recommendations for their treatment during and after the withdrawal negotiations."
European Data Protection Supervisor (EDPS): The state of privacy 2017: EDPS provides mid-mandate report (Press release, pdf):
"As we approach the mid-point of the current EDPS mandate and continue the countdown to the General Data Protection Regulation (GDPR), the EU must build on current momentum to reinforce its position as the leading force in the global dialogue on data protection and privacy in the digital age, the European Data Protection Supervisor (EDPS) said today to the European Parliaments Committee on Civil Liberties, Justice and Home Affairs (LIBE), as he presented his 2016 Annual Report.
Giovanni Buttarelli, EDPS, said: In March 2015 we launched the EDPS Strategy 2015-2019. It outlines three main goals for the current mandate and the actions required to achieve them. Though the publication of the GDPR on 4 May 2016 represented a big step towards achieving these goals, our work is far from complete. As we move into the second half of the current EDPS mandate, I intend to ensure that the aims outlined in our Strategy remain at the heart of all our efforts. This is particularly important in our work with the EU institutions and bodies, which must set an example that others can follow.
See Annual Report (pdf)
Council of Europe: Nils Muinieks: Greece must take action against long-standing and systemic problem of excessive use of violence in law enforcement (link):
"Today the Commissioner for Human Rights published correspondence with the Greek government in which he raises his concern about new reports of ill-treatment by police officers.
Nils Muinieks stresses that these well-documented and very serious cases illustrate a long-standing and systemic problem of excessive use of violence in law enforcement, which requires determined and systematic action by Greece.....
In addition, the Greek government should ensure that the definition of torture contained in the criminal code is fully aligned with that contained in the European convention against torture."
European Parliament: Committees again reject blacklist of states at risk of money laundering (Press release, pdf):
"The EU should have an autonomous process for judging whether countries are at high-risk of money laundering, say committee MEPs after rejecting for a second time, by 61 votes to 7 with 32 abstentions, a blacklist of countries drawn up by the EU Commission.
The Commission is responsible for producing, under the EUs Anti-Money Laundering Directive, an inventory of countries thought to be at risk of money laundering, tax evasion and terrorism financing. People and legal entities from blacklisted countries face tougher than usual checks when doing business in the EU."
Greece paying asylum seekers to reject appeals (euobserver, link):
"The Greek government is giving cash incentives for rejected asylum seekers on the islands to forgo their legal rights to appeal their cases.
Some 1,000 and free plane tickets home are now part of a largely EU-financed package to send them packing as quickly as possible.
"This is quite complicated and quite immoral," a Greek lawyer working for Save the Children, an international NGO, told EUobserver...
People have five days to decide whether to take the cash, with reports emerging that even that short delay was not being respected by authorities. Previously, people were entitled to the assistance even if they appealed."
Italian prosecutor investigating NGO rescuers says has no proof of wrongdoing (euractiv, link):
"An Italian prosecutor who began an investigation into possible ties between humanitarian organisations that rescue migrants at sea and Libya-based people smugglers said on Wednesday (3 May) he had no proof of any wrongdoing.
Carmelo Zuccaro, the chief prosecutor of the Sicilian port city of Catania, previously said he had evidence of phone calls between people smugglers and aid groups, but on Wednesday he said he was expressing only a hypothesis and had no proof that could be used in court."
EU-USA: Visa Reciprocity: Commission responds to Parliament (link)
"Today, the European Commission responded to the European Parliament resolution calling on the Commission to adopt a delegated act to suspend the visa waiver for Canadian and American nationals. The Commission considers that, in view of the significant progress achieved during the last year and the positive momentum of ongoing work, the temporary suspension of visa waivers for nationals of Canada and the United States would be counterproductive at this moment and would not serve the objective of achieving visa-free travel for all EU citizens."
See also: Position of the Commission following the European Parliament resolution of 2 March 2017 on obligations of the Commission in the field of visa reciprocity and reporting on the progress achieved (pdf)
But see: Outcome of the EU US Justice and Home Affairs Senior Officials Meeting, Valletta, 1-2 March 2017 (pdf):
"The US delegation begun by showing appreciation for the EU's balanced handling of the visa reciprocity issues and for its willingness to continue engaging with the US on what is clearly a thorny item in bilateral relations. It reiterated well known views on the 5 EU Member States nonfulfilment of the criteria for visa free travel...
On the issue of visa reciprocity, the EU delegation regretted the lack of progress and reminded US delegates that legal action remains an option if a solution is not found."
Refugee crisis: latest news from across Europe (2-3.5.17) including: Egypt: Europe's other north African border
European Commission: Third report on the operationalisation of the European Border and Coast Guard (COM(2017) 219, pdf):
"The number of European Border and Coast Guard Team members deployed has more than doubled from 3,584 in 2015 to 8,353 in 2016, and the total duration of deployments has more than tripled from 128,607 man/days in 2015 to 411,939 man/days in 2016. The provision of technical assets has also increased from 2015 to 2016: the patrolling hours of offshore patrol vessels increased by 14%, of coastal patrol vessels by 41% and of patrol cars by 34%.
As of 2017, the Agency will use EUR 10 million per year (EUR 40 million in total for 2017-2020) to acquire its own equipment, in particular small and medium size assets. The Agency is already examining the ways to build up its own permanent capabilities and/or to maintain them operational after acquisition.""
See also: Second report (March 2017, pdf) and: First report (January 2017, pdf)
EU: Internal border controls to end in six months, says EU
"The EU member states imposing border controls to stop migration flows from Greece will have to remove them before the end of year.
EU migration and home affairs commissioner Dimitris Avramopoulos said on Tuesday (2 May) that Austria, Germany, Denmark, Sweden and non-EU member state Norway will only be allowed to extend existing controls one last time.
"This is the last prolongation, I repeat it, this is the last prolongation," Avramopoulos told reporters in Brussels."
EU-TURKEY: It wasnt me! The Luxembourg Court Orders on the EU-Turkey Refugee Deal (CEPS, link):
"We argue in this contribution that the EU institutions purposefully and unfortunately, successfully circumvented the democratic and judicial checks and balances as laid down in the EU Treaties. We find this problematic, especially as the Statement constitutes a measure that produces severe legal effects for the rights of asylum seekers and fundamentally alters the course of EU external migration policy. By choosing to conduct major policy decisions through press releases and refusing to take legal responsibility for the Statement, the EU institutions themselves jeopardise the Treaty-based framework that aims to ensure democratic rule of law and fundamental rights."
Germany's von der Leyen seeks to reassert leadership in army terror scandal (Deutsche Welle, link):
"The German defense minister has reiterated her "entire responsibility" for everything in the armed forces, including a recent extreme right-wing terror scandal. But criticism of her crisis management continues to grow."
See: Defence ministry investigating far-right terror cell in army: report (The Local, link):
"There is increasing evidence that a far-right terror cell has developed inside the Bundeswehr, according to a report on Tuesday in the Hannoversche Allgemeine Zeitung (HAZ).
The report claims that Defence Ministry investigators estimate a cell of up to five people conspired with Franco A., who was arrested last week on terror charges.
Franco A. was detained in the southern German city of Hammelburg on Wednesday on suspicion of planning a gun attack which he meant to blame on his alter-ego - a fictitious Damascus fruit seller."
EU: Proposed Regulation promoting Internet connectivity in local communities: Council analysis of Parliament's position
"1. Following the vote by the European Parliament ITRE Committee on 25 April 2017, delegations will find in Annex the four-column document concerning the above proposal. The second column is based on the preliminary version of the final ITRE Report (before a full legal and linguistic revision).
2. Given the intention to start and conclude negotiations with the European Parliament quickly, the Presidency has prepared draft text of compromise proposals in the fourth column. This is based on our understanding of the views expressed by delegations in previous discussions. As such the text proposed in this column is a draft only and subject to a validation of the Member States."
See: Proposal for a regulation of the european Parliament and of the Council amending Regulations (EU) No 1316/2013 and (EU) No 283/2014 as regards the promotion of Internet connectivity in local communities - Analysis of EP position (8459/17, 28 April 2017, pdf)
EU-USA: Visa Reciprocity: Commission responds to Parliament
"Today [2 May 2017], the European Commission responded to the European Parliament resolution calling on the Commission to adopt a delegated act to suspend the visa waiver for Canadian and American nationals."
GERMANY: Young men drive over Egyptian student then mock her as she lies dying, witnesses say (The Local, link):
"In a case of shocking heartlessness, two men in eastern Germany are accused of racially abusing a young Egyptian woman moments after their friend drove over her. Three days later, the woman died of her injuries.
Shortly after midnight on April 15th, Shaden M. was waiting at a tram stop in Cottbus, Brandenburg. The 22-year-old was on an exchange programme at the Brandenburg University of Technology (BTU) from her Egyptian university and was enjoying a night out with friends.
But then she stepped out into the street, not noticing a car which was driving well over the 30 kilometre per hour speed limit. She was struck to the ground by the vehicle and died three days later in hospital, Tagesspiegel reports.
At first local police opened an enquiry into negligent killing by the 20-year-old driver."
And see: Was the Egyptian student in Germany killed in a racially-charged attack?
(Egypt Independent, link)
EU: What Does It Mean to Disrupt the Business Models of People Smugglers? (pdf) by Luigi Achilli, Migration Policy Centre, and Gabriella Sanchez, University of Texas at El Paso:
"Despite the scaling-up of EU surveillance, enforcement measures and patrolling operations aimed at border security, the flow of irregular migrants towards Europe shows little sign of abating. This policy brief shows, first, that border enforcement and barriers to mobility lead migrants to rely on clandestine mechanisms to reach destinations abroad, even if this involves significant risk. Second, policy interventions aimed at disrupting smuggling networks may make smuggling more lucrative and increase incentives for criminals to enter this market. Third, more stringent border policies and practices can facilitate involvement by irregular migrants in human smuggling. We conclude by showing that ending irregular crossings is an unlikely outcome so long as emphasis is placed on security vectors alone. If the intended goal of security initiatives is the suppression of smuggling networks, they must be accompanied by structural, comprehensive approaches and solutions. Accessible pathways for people to move across the Mediterranean into Europe are a necessary component of this response."
On World Press Freedom Day, journalists are assailed on all fronts (OpenDemocracy, link):
"Rising authoritarianism and regressive politics signal a new front in the fight to protect and extend press freedom and the right of citizens to be informed. Globally journalists are on the front line of a sustained assault on civic freedoms from state and non-state actors.
The determination of populist leaders to shape and control dominant narratives, together with the rise of fake news, extremist groups and increasing commercial pressure means journalists now not only face detention without trial and criminalisation for doing their jobs, they also face physical attacks, loss of life and livelihoods.
The CIVICUS Monitor, a new online platform that assesses the quality of civic space in every country, records 101 attacks on journalists between June 2016 and March 2017. It indicates that journalists are often at risk of attack for reporting on political issues, protests, conflicts and state corruption."
EU-ITALY: Humanitarian Corridors: A Tool to Respond to Refugees Crises (Border Criminologies, link):
"These deaths [in the Mediterranean] are a direct consequence of the international community's collective failure to implement a credible plan of humanitarian aid to refugees. As noticed by Roberts, Murphy and McKee, the refugee crisis has raised urgent questions about the quality of political leadership to ensure effective and adequate measures both to stabilise the countries from which migrants are coming, thereby reducing the pressure to move, and to make the positive case for migration in a continent experiencing a rapid decline in birth rate. Civil society organisations have often filled the void of this political inaction, by providing adequate basic services to those in need. Their involvement should not abrogate states or for this matter, the EU from protecting people on the move. These initiatives instead indicate a new direction for effective and responsive interventions to the refugee crisis.
One of the best examples of civic actions can be found in the Humanitarian Corridors (HC) pilot project, carried out in Italy by the Community of Sant'Egidio, in collaboration with the Federation of Evangelical Churches and the Waldensian and Methodist Churches based on an agreement with the Italian Ministries of Interior and Foreign Affairs. This initiative responded to the May 13, 2015 recommendation by the European Commission that member states should use to the full the other legal avenues available to persons in need of protection, including private/non-governmental sponsorships and humanitarian permits, and family reunification clauses. "
The first in a series of articles. See: Seeking Refuge in Europe (Border Criminologies, link)
FOAA Online! The world's most user-friendly collection of legal arguments on assembly and association rights (link):
"The purpose of FOAA Online! is to provide easily accessible legal arguments to assist lawyers, activists and judges involved in freedom of peaceful assembly and freedom of association (FOAA) cases. The site is organized per thematic topic or sub-question in order to direct users as straightforwardly as possible to relevant legal arguments. The FOAA Q&A assists users to link actual facts and incidents to pertinent legal questions. The website focuses on the most widespread issues experienced by those exercising their FOAA rights around the world.
The legal arguments in FOAA Online! are based upon a range of international instruments. In addition to legally binding obligations under international human rights law, they refer to standards and principles emanating from international treaty bodies, jurisprudence of regional courts and existing or emerging practice.. These include the findings of UN treaty bodies or of experts under the special procedures, as well as the jurisprudence of the Inter-American Court on Human Rights, the African Court on Human and Peoples Rights and the European Court on Human Rights. Further, the reports of the Inter-American Commission on Human Rights are included as well as guidelines and reports on the rights to freedom of peaceful assembly and of association emanating from the African Commission on Human and Peoples Rights and the OSCE."
MEPs call for EU rules on private security companies (press release, pdf):
"Private security companies must respect minimum requirements on accountability, the screening of staff and reporting on misconduct, while staying away from tasks usually reserved for the military said committee MEPs on Tuesday.
Foreign Affairs Committee and Defence Sub-Committee MEPs advocate EU-wide rules on private security companies (PSCs). The use of private contractors must be limited to logistical support and the protection of installations and only EU-based PSCs should be contracted for protection tasks abroad, say MEPs.
MEPs suggest drawing up an open list of contractors complying with EU standards on transparency, criminal records, financial and economic capacity, licences, strict vetting of personnel, and adhering to an international code of conduct,. This could be followed by a single set of rules for EU institutions that use PSCs to protect EU staff, modelled on UN or NATO practices."
UK: Govt secrecy over UK strikes profoundly disappointing, say MPs (Reprieve, link):
"Parliaments Intelligence and Security Committee (ISC) has criticised the Government for refusing to disclose information about the intelligence behind a 2015 UK drone strike in Syria, calling the lack of Parliamentary scrutiny profoundly disappointing.
In a report released this morning, the chair of the Committee Conservative MP and former Attorney-General Dominic Grieve said that ISCs attempts to scrutinise the decision to take strikes had been hampered by the Governments refusal to provide key information.
The Committee was denied sight of the key Ministerial submission relating to the strike, said Mr Grieve. He added that this failure to provide what we consider to be relevant documents is profoundly disappointing. He said: Oversight depends on primary evidence: the Government should open up the ministerial decision &SHY;making process to scrutiny on matters of such seriousness."
See the report: Intelligence and Security Committee of Parliament: UK Lethal Drone Strikes in Syria (pdf) and: ISC press release (pdf)
HUNGARY: Thousands March For EU, Protest Rising Russian Influence In Hungary (RadioFreeEurope, link):
"Thousands of Hungarians marched across central Budapest on May 1 in a show of support for the European Union, protesting against what they described as a rise in Russian influence under Prime Minister Viktor Orban.
The rally follows a series of major demonstrations in Budapest in recent weeks, triggered by a new law inspired by Russia that would drive out of Hungary a top university founded by U.S. financier George Soros.
Momentum, an upstart political movement, called for the May Day rally, where an estimated 10,000 protesters chanted "Europe, not Moscow!" as they passed the Russian Embassy. It announced it would run candidates in parliamentary elections next April."
EU: The Romanian police officers and their partners in the Schengen states found 808 wanted persons through SIS (ACTMedia, link):
"The General Inspectorate of the Romanian Police (IGPR) announced, in a press release that the Romanian police officers and their partners from Schengen member states found, in the last week, 808 persons, 132 vehicles, 63 documents, 2 registering plates and 2 registration licences which were presented in the Schengen Information System.
Following the exchange of information through the SIRENE Office in the International Police Cooperation Centre on the territory of our country, 507 people were identified.
According to IGPR, the Romanian police officers put into practice 24 European arrest warrants, identified 177 people who were wanted for taking part in a judicial procedure and 8 who were given as disappeared by the partners in the Schengen states."
SCOTLAND: Mobiles to offer crime scene access to fingerprint database (The Scotsman, link):
"Fingerprints left at murder scenes could soon be checked against a national biometrics database using a mobile phone under plans being considered by Police Scotland.
The use of handheld devices in police forensic work is being looked at by the national force as part of its 10-year strategy.
Advances in DNA profiling mean that within five to 10 years police will be able to put together a description of a perpetrator, said Nelson.
You could begin to eventually look at someones hair colour, their shape and size, said Nelson. Thats where things are going over the next 10 years."
Statewatch Viewpoint: Egypt: Europes other north African border (pdf) by Paolo Cuttitta (Vrije Universiteit Amsterdam - CEDEJ, Cairo):
"This year, there has not been any migrant boat arriving from Egypt so far. Is this an effect of the new Egyptian anti-smuggling law? In the meantime, migrants in the north African country experience arbitrary detentions for indefinite periods, deportations which violate international law and scarce or non-existent protection for those who supposedly have a right to it. Asylum is a taboo for the authorities in Cairo, and the UN agency for refugees does what it can (but also - according to accusations by several workers - a lot less than that), while the work of humanitarian organisations in this sector is limited by the Egyptian regimes repressive actions. In the meantime, the IOM, Italy and other EU countries renew their programmes to support Egyptian border guards, and the EU has agreed a five-fold increase in its budget for Egypt from the Africa Trust Fund."
Greek Hotspots: ECCHR urges European Ombudsman to investigate conduct of European Asylum Support Office (EASO):
"Berlin, 02 May 2017 The work of the European Asylum Support Office (EASO) on the Greek Islands not only lacks a legal basis, it also fails to respect core standards of fairness. This is the conclusion of the European Center for Constitutional and Human Rights (ECCHR) after analyzing a series of admissibility interviews conducted by EASO officers at the Hotspots in Greece. ECCHR with support from Brot für die Welt has therefore submitted a complaint against EASO to the European Ombudsman. The Ombudsman was established as an independent and impartial institution to hold the EU administration accountable for failures to respect fundamental rights or legal principles.
According to the EU-Turkey statement of 18 March 2016, [a]ll new irregular migrants crossing from Turkey into Greek islands as from 20 March 2016 will be returned to Turkey. Under this arrangement, refugees are entitled to first have asylum claims considered before leaving Greece. The decision on their right to international protection processed at the Hotspots on the Greek islands are in effect not taken by the Greek Asylum Service but by the European Asylum Support Office (EASO). ECCHR has serious concerns as to the legality and legitimacy of EASOs actions in the context of the EU-Turkey statement."
See: EASOs influence on inadmissibility decisions exceeds the agencys competence and disregards fundamental rights (pdf)
UK: Towards data justice? The ambiguity of anti-surveillance resistance in political activism (pdf) by Lina Dencik, Arne Hintz and Jonathan Cable:
"Based on in-depth interviews with a range of social justice activists, we argue that there is a significant level of ambiguity around this kind of anti-surveillance resistance in relation to broader activist practices, and critical responses to the Snowden leaks have been confined within particular expert communities.
Introducing the notion of data justice, we therefore go on to make the case that resistance to surveillance needs to be (re)conceptualized on terms that can address the implications of this data-driven form of governance in relation to broader social justice agendas. Such an approach is needed, we suggest, in light of a shift to surveillance capitalism in which the collection, use and analysis of our data increasingly comes to shape the opportunities and possibilities available to us and the kind of society we live in."
UK: Parliament: Home Affairs Select Committee: Hate crime: abuse, hate and extremism online (pdf):
"Hate crime is defined as any criminal offence which is perceived, by the victim or any other person, to be motivated by hostility or prejudice based on a personal characteristic. Hate crime can be motivated by disability, gender identity, race, religion or faith and sexual orientation."
UK: Call for inquiry over 'unbroken pattern' of deaths at prison (Guardian, link):
"HMP Woodhill in Milton Keynes comes under fire during inquest into death of inmate the 18th to have died there in past four years."
Refugee crisis: latest news from across Europe (26.4-1.5.17)
EU: Deploying armed Frontex teams on the 'Balkan Route': agreements with Serbia and Macedonia on the way
Will the deployment of armed European Border and Coast Guard teams in Serbia and Macedonia - with immunity from the civil and criminal law of those countries - improve the chances for protecting the fundamental rights of migrants and refugees, or legitimise the violence and abuse that is currently taking place?
Brexit: UK may have to recognise ECJ court rulings to keep security cooperation - Britains last EU commissioner suggests this could form part of talks with EU27 after bloc agreed tough negotiating guidelines (Guardian, link):
"Britains most senior EU official has warned that a post-Brexit Britain would have to recognise the rulings of the European court of justice if it wished to maintain the current level of cooperation in countering terrorism and organised crime.
Sir Julian King, the European commissioner responsible for security, said the UKs security services had become increasingly reliant on shared crime-fighting tools to carry out their work."
Europol's new regulation: Today, on 1 May 2017, Europols new Regulation enters into force and takes effect in all EU Member States (link):
"Today, on 1 May 2017, Europols new Regulation enters into force and takes effect in all EU Member States. The new regulation was adopted on 11 May 2016, when the European Parliament voted on updated powers that will enable Europol to step up efforts to fight terrorism, cybercrime and other serious and organised forms of crime. With the new regulation Europol is established as the European Union Agency for Law Enforcement Cooperation with a view to supporting cooperation among law enforcement authorities in the Union."
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