What's New
on the
Statewatch website - archive: 2004
December
2004
Statewatch's Timetable on progress of new measures resulting
from the 25 March 2004 EU Anti-Terrorist Declaration: Updated
31 December 2004: Timetable (pdf) Statewatch's "Scoreboard"
and analysis finding that 27 out of 57 EU proposals have little
or nothing to do with tackling terrorism – they deal with
crime in general and surveillance: Statewatch
Scoreboard
(pdf)
EU:
Low support for research to serve security demands
EU: Special Report: EU biometric
visa policy unworkable
- insertion of chips
would lead to "collisions" with visa chips from other
countries
- ePassport chip would be "killed" by eVisa chip
- current deadline cannot be met, proposal unworkable
Vetoes,
Opt-outs and EU Immigration and Asylum law - Statewatch briefing
- revised 23 December
Liberty:
ID Card Bill - 2nd Reading Briefing (link)
EU: At the Agriculture and Fisheries Council today (22.12.04)
in Brussels the Council adopted a Decision on the transition
to qualified majority voting and codecision procedure for certain
areas covered by Title IV of Part Three of the Treaty establishing
the European Community. The Decision will take effect as from
1 January 2005: Full-text
of the decision (15226/04).
Secretary General of the Council of Europe, calls for immediate
repeal of UK anti-terror law: Strasbourg, 22.12.2004 - "The
anti-terrorism legislation in the United Kingdom must be changed
as a matter of urgency. We will not win the fight against terrorism
if we undermine the foundations of our democratic societies,"
Terry Davis, Secretary General of the Council of Europe, stressed
today following last week's judgment of the British House of
Lords which found the country's anti-terrorism law to be incompatible
with the European Convention on Human Rights.
"I welcome the judgment of the House of Lords of 16 December.
However, it is not a new development. A year ago, the special
committee of nine Privy Counsellors reported unanimously that
the law should be urgently replaced. The committee had been specifically
established by the Home Secretary, David Blunkett, and had spent
more than a year taking evidence from a wide range of people,
including the Home Office experts, MI5, MI6 and Special Branch.
If the government had not chosen to ignore this unanimous recommendation,
they would not have the current embarrassment of having lost
this case in the House of Lords," said Mr Davis. See
House of Lords: Full-text
of judgement
(pdf)
Green Paper from the European Commission on: An
EU approach to managing economic migration (link)
UK: House of Lords Select Committee on the European Union: Government
responses to its reports. (pdf) This includes 5th Report: Fighting
Illegal Immigration: Should Carriers Carry the Burden? 6th Report: Future
role of the European Court of Justice (pdf),
11th Report: Handling
EU Asylum Claims: New Approaches Examined (pdf)
UN
finds bugging device at Geneva headquarters (link)
UK: The appeal court in the House of Lords (the highest in the
land) has ruled that the detention of people without trial is
breaks human rights laws - the House of Lords law lords ruled
by an eight to one majority in favour of appeals by nine detainees.
Most of the men are being held in Belmarsh prison, south London:
Full-text
of judgement
(pdf)
EU
Plan of Action on Combating Terrorism - New Update (doc no 16090/04, dated
14.12.04). For previous versions see Statewatch's Observatory
in defence of freedom and democracy
UK: Joint Select Committee on Human Rights (14.12.04) : Report
on deaths in custody (pdf)
EU: Biometric passports: General Affairs Council adopted
Regulation on mandatory facial images and fingerprints in EU
passports at its meeting in Brussels on 13 December 2004: Full-text (pdf) After the Regulation
is published in the Official Journal an "Article
6" Committee will be set up by the European Commission with
representatives from 22 members states (excluding Ireland, the
UK and Denmark). This committee will decide on the "details"
such as how many fingerprints are to be taken, the equipment
needed and the costs. After it has finished its work new (and
replacement) passports issued will have to contain a "facial
image" within 18 months, and fingerprints within three years.
The UK government put on record its anger at being excluded from taking part in the adoption of the Regulation. Under the Protocol the UK can ask to "opt-in" but on this occasion the Schengen states stood firm as the UK has not signed up to border controls aspects of the acquis: See: "Unilateral United Kingdom Statement": 15918/04 ADD 1 (pdf)
See for background:
European
Parliament urged to reject biometric registration of all EU citizens
and residents
EU
governments blackmail European Parliament into quick adoption
of its report on biometric passports
EU
biometric passports and mandatory fingerprinting: Statewatch
analysis questions legality of Regulation
Green/EFA
press release
Search in Statewatch
database for "biometric"
Search in Statewatch
database "Features Library" for in-depth articles on
biometrics
EU
Presidencies 2007- 2020 These are presented as groups of three ("troika")
- that is, each will chair Council meetings for six months but
will work with the other two governments during the term (pdf)
Update: Italy:
Prohibitionist drugs law reform comes under parliamentary scrutiny See also: Statewatch news online briefing paper
on the proposed drugs law, February 2004: Italy:
New drugs law heralds the mass criminalisation of drug users
UK: The appeal court in the House of Lords (the highest in the
land) has ruled that the Home Office scheme started in July 2001
to put immigration officers in the Czech Republic to check all
Roma people trying to board a flight to the UK was unlawful.
The operation ended when the Czech Republic joined the EU in
May 2004. One of the judges, Baroness Hale said that the "operation
was inherently and systematically discrinatory and unlawful".
Full-text
of judgement
(pdf) "Asylum operation racist, say law lords": Guardian (link)
EU: The Regulation on biometric passports has now been prepared
for adoption by any subsequent meeting of the Council of Ministers
after which it will be published in the Official Journal
and the process of implementation starts: Full-text (pdf). As expected no
changes have been introduced to the draft prepared by the Council
following the European Parliament's report.
Marine
Corps deploys Fallujah biometric ID scheme (link to the "Register")
EU: Article
29 Working Party on Data Protection proposes harmonised information
standards
to correct major divergencies in national laws (pdf) a. Appendix
1
(short notice) b. Appendix 2 (condensed notice) c.
Appendix
3
(notice for air travellers) 1) First Commisssion report
on the working of the 1995 Directive (pdf) and Technical
Analysis
(pdf) 2) European
Parliament report
UK: Fairford
coach: Protestors "virtually prisoners" rules Court
of Appeal
JHA Council, 2 December 2004: Conclusions of "best
practices" for voluntary or forced "return of refugees (agreed but not in press
release below)
Terrorism, anti-terrorism and people's response: The
"war on terror" as a "war on freedom and democracy": speech by Ben Hayes
(Statewatch) at the Asia-Europe
People's Forum (ASEM V, 7.9.04), Hanoi, Vietnam
UK:Freedom of information - Parliament's
Consitutional Affairs Committee. Concerns about the public sector’s
readiness to comply with the new freedom of information law are
today (7.12.04) raised in a report by the Constitutional Affairs
Select Committee.The report, which provides a snapshot of public
sector preparations, warns that with less than a month to go
before some 100,000 public authorities are legally obliged to
give the public a general right of access to information, preparedness
for the new freedom of information (FoI) regime is patchy.
1. Press
release
2. Full-text
of report
(pdf)
3. Full-text
of the UK Freedom of Information Act (link)
4. Campaign
for Freedom of Information (link)
Green/EFA
press release on biometric passports
EU: Justice and Home Affairs Council, 2 December 2004: Press
release
(pdf) 1) Main
agenda
(pdf) 2) "A"
point agenda
(adopted without discussion) 3) Background Note. 4) EU
Plan of Action on Combating Terrorism - New Update (doc no 14330/1/04,
29.11.04). For previous versions see Statewatch's Observatory
in defence of freedom and democracy
EU openness: The EU's Court of First Instance has decided that
governments can veto access to documents originating from them
and submitted to an EU institution (in this case the European
Commission). Interestingly the applicant was supported by the
Netherlands, Sweden and Denmark, while the Commission - in its
refusal to give access - was supported by the UK. The Court's
judgement said: "the Commission was not required to explain
why the Federal Republic of Germany had made a request under
Article 4(5) of the Regulation, since there is no obligation
on the Member States to state the reasons for such a request
under that provision". Judgement (link)
EU:
Mandatory data retention national parliaments express concern
and opposition
Finnish
security police charged with illegal snooping (EDRI)
EU: The European Parliament today (2.12.04) voted through its
report on biometric passports with 471 votes in favour to 118
against and 6 abstentions. The parliament had decided that the
recent change to the proposed Regulation by the Council (the
25 governments) to make fingerprints mandatory as well as a facial
image was not a substantial change requiring reconsultation.
However, the parliament did say that the only mandatory biometric
should be a facial scan. The changes to the draft Regulation
put forward by the parliament will be ignored by the Council
- which it does routinely under the "consultation"
procedure. The Council intend to formally adopt the Regulation
at the next available meeting of the Council of Ministers. The
"details", such as the size of the "chip"
holding the biometrics and the number of fingerprints to be taken
will be decided in a Committee set up by the Commission of representatives
of each member state. See background: European
Parliament urged to reject biometric registration of all EU citizens
and residents
EU
governments blackmail European Parliament into quick adoption
of its report on biometric passports
EU
biometric passports and mandatory fingerprinting: Statewatch
legal analysis questions the legality of the proposed Regulation
Search in Statewatch
database for "biometric"
Search in Statewatch
database "Features Library" for in-depth articles on
biometrics
November 2004
EU:
European Parliament urged to reject biometric registration of
all EU citizens and residents: Open letter from Privacy International,
Statewatch and EDRI (European Digital Rights Initiative), supported
by NGOs, data protection commissioners and privacy experts
UK: Identity
Card Bill published - full-text (pdf) Explanatory
Notes
(link) ID
Cards: Regulatory Impact Assessment (pdf)
EU
governments blackmail European Parliament into quick adoption
of its report on biometric passports
- the Council of the European Union (the 25 governments) has
told the parliament it can have full powers of "co-decision"
after it adopts its report on biometric passports - how many
national parliaments were re-consulted after the decision to
make fingerprinting mandatory? - the costs are completely unknown
and the "details" will be decided in a secret committee
- the EU has no legal powers to introduce such a Regulation
UK: Civil
Contingencies Act 2004 passes into law (link) Statewatch critique of Bill: Analysis
- "no powers conferred upon the EC by the EC Treaty, taken separately or together, confer upon the EC the power to adopt the proposed Regulation"
The
Human Rights Act has not lived up to expectations (Economist, link)
UNITED: A
call against the creation of camps at European borders: It has been signed
by a lot of organisations from many countries.
Germany:
Alleged
police informant spies on social rights coalitions
UK:
Serious
Organised Crime and Police Bill (full-text, pdf) Explanatory
Note
(link)
Northern
Ireland: Press release issued by a member of INQUEST's Advisory
Group, Professor Phil Scraton on: The death of of
Annie Kelly in Mourne House Women’s Unit, Maghaberry Prison,
Northern Ireland
Statewatch
Observatory on EU Freedom of Information - Case Law: Updated
EU
governments demand that the European Parliament rushes through
mandatory finger-printing and biometric passports
Is an "urgent"
decision justified? Why does the European Parliament not question
the legal basis of the measure? Why does the parliament's draft
report accept the need for biometric passports?
EU
Plan of Action on Combating Terrorism - Update (doc no 14330/04, 19.11.04).
For previous version see Statewatch's Observatory in defence of
freedom and democracy See also: Statewatch's "Scoreboard"
finding that 27 out of 57 EU proposals have little or nothing
to do with tackling terrorism – they deal with crime in
general and surveillance: Statewatch Scoreboard (pdf) Statewatch
Timetable of measures updated: 29 October 2004 (pdf)
UN: Special Rapporteur produces damning report on how governments
are using the "war on terrorism" to undermine and ignore
fundamental rights. He speicifcally refers to the use of terrorism
as a pretext for justifying torture and inhuman treatment, and
on the erosion of the non-refoulement principle, whereby States
should not “expel, return ‘refouler’, or extradite
a person to another State“ if there are “substantial”
grounds for suspecting that they may be in danger of being subjected
to torture or to cruel, inhuman and degrading treatment after
their return: Statewatch
Report: The UN Special Rapporteur on Torture criticises the undermining
of the non-refoulement principle and the use of terrorism as
a pretext to justify tortureplus full documentation (pdf)
Privacy International: Privacy
and Human Rights 2004 - international survey and country reports (link)
EU: Justice and Home Affairs Council, 19 November 2004, Brussels:
a. JHA Council press release (pdf)
b. Council
agrees levels of security co-operation with third States and
international organisations (14400/04)
c. Council agrees "Amended Council Directive
on minimum standards on procedures in Member States for granting
and withdrawing refugee status" (pdf)
d. But Council puts off trying to agree a list of "safe
countries of origin" in Africa until next year when it will
be pushed through by "qualified majority voting" (QMV).
A number of member states and the European Commission lodged
strong objections to human rights records and democratic standards
and even the country reports of those governments declaring countries
"safe" were critical. The list, once agreed under QMV,
will be binding on all 25 member states. The Decision to put
off the vote: 14383/04 (pdf) See Statewatch's
in-depth analysis: EU divided over list of "safe countries
of origin"
1. Press
release
(27 September 2004)
2. Statewatch
Analysis: EU divided over list of "safe countries of origin"
- the list should be scrapped
(pdf)
3. Appendix
to this report with full details of all the EU member state responses (pdf)
4. Sources/documents,
including member state responses
Tony Bunyan,
Statewatch editor, comments:
"Our analysis showed how initial decisions were made, with too little time, too little information, and no public debate. To determine the fate of people fleeing from poverty and persecution on the basis of such a shallow process is an insult to any sense of humanity or moral responsibility, let alone legal obligations. To put off the decision so that a majority of governments can impose the list on all combines immoral decision-making with cynical political manoeuvring"
EU: Justice and Home Affairs Council, 19 November 2004, Brussels:
Background:
1. JHA
"B" Point Agenda
2. JHA
"A" Point Agenda (adopted without discussion)
3. Draft
annotated agenda from Dutch Presidency (pdf)
4. updated
annotated Agenda from Dutch Presidency
5.Background
Note
(pdf)
UK: Government
looking at integrating ID card with health card (link to the Register)
Spain:
Punishment without a sentence
On 29 November, the trial of Gabriele Kanze will begin before the Audiencia Nacional, the central Spanish criminal prosecution court. The 48 year old teacher from Berlin has been in prison for two years and eight months, first in extradition detention, then on remand
Target
of Blair deportation intervention gets substantial compensation (18.11.04) Original Statewatch Special Report: UK:
Egyptian national “unlawfully detained” after intervention
by Prime Minister
(16.11.04)
Europol
Director post still unfilled after five months (pdf)
EU: New Commission confirmed - following the withdrawal of the
proposed Commissioner for Justice and Home Affairs - Mr Rocco
Buttliglione as the Italian nominee - and his replacement by
Franco Frattini, the Italian Foreign Minister, the European Parliament
today (18 November 2002) voted by 449 in favour; 149 against
with 82 abstentions - in favour of President Barroso and the
24-person team.
EU: Commission
4th report on citizenship (COM 695, main report) Commission
fourth report on citizenship (Annex, pdf)
Privacy International, press
release on mobile cameras (link)
Statewatch Special Report: UK: Egyptian national “unlawfully
detained” after intervention by Prime Minister (16.11.04)
"We
should use whatever assurances the Egyptians are willing to offer,
to build a case to initiate the deportation procedure”, Tony Blair’s office
- when the Egyptian government rejects Foreign Office request for written assurances - on the death penalty, ill-treatment, a fair and public hearing and legal representation , Tony Blair writes: "Why do we need all these things?"
Northern
Ireland Human Rights Commission calls UK government to account
at the UN
(16.11.04)
Statewatch
launches new searchable database With over 23,000 items it includes everything
on the existing database including all news, features and sources
from the Statewatch bulletin since 1991 PLUS all news, analyses
and news in brief from Statewatch News Online - with all the
links to documents (ie: pdf files) preserved. Bulletins will
be added as they are published and News Online updated regularly.
It has advanced search, data ranges, printer friendly pages PLUS
a "Features Library" bringing together all the features
on key subjects from the bulletin and analyses from News Online.
The
Politics of CCTV in Europe and Beyond (link) Special issue of Surveillance
and Society edited by Clive Norris, Mike McCahill and David Wood
Death
on the Terraces: The Contexts and Injustices of the 1989 Hillsborough
Disaster,
by Phil Scraton (Professor of Criminology, Queen's University,
Belfast)
Netherlands: Vlaams
Block branded racist (link)
Vetoes,
Opt-outs and EU Immigration and Asylum law - Statewatch briefing
- revised 8 November
The British media in particular have focussed on the extent to
which the ‘Hague Programme’, the multi-annual programme
for Justice and Home Affairs (JHA) law and policy approved by
the EU summit meeting (European Council) on 5 November 2004,
will change the current system for vetoes and opt-outs from EU
immigration and asylum law, particularly for the UK. The purpose
of this briefing, by Professor Steve Peers, University of Essex,
is to outline:
a) the current extent of Member States’ national vetoes
over EU immigration and asylum law;
b) the extent to which the UK (along with Ireland and Denmark)
can ‘opt-out’ of EU immigration and asylum law;
c) the links between (a) and (b), especially for the UK, Ireland
and Denmark;
d) the extent to which the ‘Hague Programme’ will affect
the current position; and
e) the impact of the proposed EU Constitution on these issues.
An Annex to this briefing sets out the possible practical implications
of the change in decision-making agreed as part of the Hague
Programme for specific pieces of legislation.
UK: Body
scanner at Heathrow airport reveals "graphic" naked
images of passengers (link)
UK:
Belmarsh
prisoners: report on indefinite detention and mental health
EU: The "Hague Programme":
(5.11.04)
1. Full-text: The
"Hague Programme" on "freedom, security and justice"
adopted at EU Summit in Brussels on 4-5 November 2004
(pdf)
2. Statewatch: Annotated
text of the final "Hague Programme" (prepared
by Professor Steve Peers, University of Essex, pdf)
3. Statewatch: Timetable
derived from the adopted Programme (pdf)
UK: LIberty
have submitted a response to the Home Office consultation document
"Policing: Modernising Police Powers to Meet Community Needs"
(link) Haldane
Society response (pdf) Home Office consultation paper: Modernising
police powers to meet community needs (pdf)
UK: Report
from the parliamentary Joint Human Rights Committee on the Nationality,
Immigration and Asylum Act 2002 (Specification of Particularly
Serious Crimes Order) 2004 (pdf) The Order made under s.72(4)(a)
of the Nationality, Immigration and Asylum Act 2002 states that
it applies for the purpose of the construction and application
of Article 33(2) of the Refugee Convention. Article 33(2) provides
for exceptions to the principle that refugees cannot be returned
to persecution (“the principle of non-refoulement”).
The concern is that this would allow people convicted of serious
offences to have their asylum claims dismissed unless they can
prove they are "not a danger to the community".
The Order specifies a wide range of offences for this purpose and the Committee is concerned that the Order as drafted is ultra vires the order-making power because it includes within its scope a number of offences which do not amount to “particularly serious crimes” within the meaning of Article 33(2) of the Refugee Convention, properly interpreted.
Draft
report by rapporteur Jean Lambert MEP to the Committee on Citizens'
Freedoms and Rights in the European Parliament on "access
to durable solutions" (EU funded camps)
EU: In the run-up to the EU Summit (25 Prime Ministers) meeting
in Brussels on 4-5 November a number of background reports on
justice and home affairs issues are appearing (in addition to
the two Conclusions being adopted by the General Affairs Council,
see below). These are:
1. Issue
of moving Title VI of the TEC (immigration and asylum) to co-decision
2. Council
Recommendation on police cooperation across internal borders proposes the need for
bilateral or regional agreements for cross-border cooperation.
Earlier documents set out the problems for cross-border cooperation,
11048/04 and 8770/04 which include the fact
that: "open borders are having a growing impact on the
maintenance of public order and safety. Examples are the problems
arising from drug-related crime, international sporting contests,
and ideologically motivated demonstrations at high-profile events."
3. Strengthening
EU operational police cooperation, this deals mainly with the role of
the Police Chiefs Task Force (PCTF). Although set up in 1999
the PCTF has never been given a legal status with the EU which
is of concern because it is concerned with operational decisions.
This document deals with the "positioning of the PCTF"
including "providing input from the operational police
point of view into the policy-making of the EU". It
suggests that Europol should host meetings of the PCTF and that
the Council's Police Cooperation Working Party should convene
one or two meetings per Presidency with the "Chief of Police",
another ad hoc grouping with no legal status. These arrangements,
the document tries to suggest: "will ensure the accountability
of the European operational cooperation".
The Summit will be adopting the "Hague Programme":
Latest
version of "The Hague programme" on justice and home
affairs
EU: Today, 2 November, the General
Affairs Council of the European Union (25 governments) is adopting
Council
Conclusions on a common readmission policy (pdf) and Council
Conclusions on improving access to durable solutions (pdf) - this includes
so-called "Regional Protection Programmes" and the
issue of EU-funded external camps (both sets of Conclusions are
related to the "Hague Programme")
Third update: Latest
version of "The Hague programme" on justice and home
affairs, dated 27 October (1.11.04)
EU: European Commission Staff Working Paper (SEC(2004) 1349,
25.10.2004). Annual
report on the development of a common policy on illegal immigration,
smuggling and trafficking of human beings, external borders,
and the return of illegal residents (pdf)
Statewatch's Timetable on progress of new measures resulting
from the 25 March 2004 EU Anti-Terrorist Declaration: Updated
29 October 2004: Timetable (pdf) Statewatch's "Scoreboard"
and analysis finding that 27 out of 57 EU proposals have little
or nothing to do with tackling terrorism – they deal with
crime in general and surveillance: Statewatch
Scoreboard
(pdf)
October 2004
EU-USA PNR: The European Court of Justice has refused to apply
the accelerated procedure to the European Parliament's complaint
on the EU-USA PNR (passenger name record) agreement, so the case
will not completed for two to three years - thus probably not
until after the expiry of the current agreement with the US:
Court
judgement
(in French) See for background: Statewatch's Observatory
on the exchange of data on passengers (PNR) with USA
"Racism
in the age of globalisation" speech at the Third Claudia Jones Memorial
Lecture on 28 October 2004 organised by the National Union of
Journalist's Black Members Council, Dr. A. Sivanandan, Director
of the Institute of Race Relations, called on journalists "to
speak truth to power" (link)
Northern
Ireland: Guidelines on use of CS "incapacitant" gas (Pat Finucane Centre,
link)
Northern
Ireland Human Rights Commission - wins protection for people
under threat
EU: Useful summary page on which EU countries will have referenda
on the Constitution (from doc no: 13748/04). Nine states will
have referenda, six have yet to decide and ten will definitely
not: Constitution
referendums
(pdf). See, Statewatch's Observatory
on EU Constitution
EU: The Council of the European Union has issued a "Declaration"
on behalf of the 25 governments "inviting" the current
President of the Commission (Romano Prodi) and all the other
Commissioners (eg: Mr Vittorino) to remain "temporarily"
in place: Press
release
(link) The current President and Commissioners five year term
ends on 31 October. The failure of the new President, Mr Barosso,
to present the European Parliament with an acceptable slate of
new Commissioners means that he and the others cannot take office.
UK: Government responds to report on ID cards from the House
of Commons Home Affairs Committee. Government
response
(pdf) Report
on government consultation (pdf) HAC
report
(link)
EU: Vote on the new European Commission delayed to save the embarrassment
of the European Parliament voting to reject the whole Commission
at its plenary session in Strasbourg today (27.10.04). Faced
with defeat the President of the European Commission, Mr Barosso,
asked for the vote to be postponed - this stems from the parliament's
opposition to the appointment of Mr Buttiglione as Commissioner
for Justice and Home Affairs. Mr Buttiglione will either be moved
to another post or replaced by another nominee from the Italian
Berlusconi government (which would be a major climb-down). Mr
Buttliglione first came to attention in August for his extreme
views on immigration. This was compounded his "hearing"
before the parliamentary committee when Mr Buttiglione came out
with extraordinary views on homosexuality, marriage and the role
of women. At the same "hearing" on 5 October he said
that "so far there was no encroachment on freedom"
in EU justice and home affairs policies since 11 September 2001.
See: 10 October: European Parliament's Committee on Citizens'
Freedoms and Rights vote to reject Buttiglione as the Commissioner
for Justice and Home Affairs: euobserver & euractiv (links) New
Commissioner for "Justice, Freedom and Security" talks
of the EU being "swamped" by immigration "time-bomb" (Statewatch, 23.8.04)
EU:
New Commissioner supports setting up external refugee detention
centres
(Statewatch, 18.8.04)
Update: :Justice
and Home Affairs Council, Luxembourg, 25-26 October: Press release
- full version (pdf). As predicted by Statewatch the Council
overturned the 8 June decision and agreed that fingerprints as
well as a facial image will be mandatory for EU passports: See
for analysis and documentation: EU: Compulsory fingerprinting
for all passports
This
change in the draft Regulation will mean that it will have to
be re-submitted to the European Parliament. (26.10.04)
UK: The Haldane Society of Socialist
Lawyers have submitted a response to the Home Office consultation
document "Policing: Modernising Police Powers to Meet Community
Needs’" raising "serious implications for civil
liberties and human rights": Haldane
Society response (pdf) Home Office consultation paper: Modernising
police powers to meet community needs (pdf)
Justice
and Home Affairs Council, Luxembourg, 25-26 October: Press release
- 1st day
(pdf)
Update: "The
Hague Programme": strengthening freedom, security and justice
in the European Union [doc no: 13302/2/04, 22.10.04,
annotated by Professor Steve Peers, University of Essex] (pdf)
(25.10.04)
Full-text
of document no: 13302/2/04: Latest
version of "The Hague programme" on justice and home
affairs, dated 22 October ("Tampere II")
Vetoes, Opt-outs and EU Immigration and Asylum
law - Statewatch briefing
British media are focussing on how the planned "Hague Programme"
would change the current system for vetoes and opt-outs from
EU immigration and asyklum law, particularly for the UK. This
briefing by Professor Steve Peers concludes that the UK does
not have a "veto", it has an "opt-out" which
is not the same (25.10.04)
European Parliament: Debate in the Committee for Citizens' Freedoms
and Rights (25 October) on biometric passports - based on the
earier draft Regulation which proposes facial images as mandatory
and fingerprints as optional: The Coelho draft report (pdf) Proposed
amendments Coelho report (pdf)
Update (25.10.04): Latest version
of "The Hague programme" on justice and home affairs,
dated 22 October ("Tampere II") being discussed today
by the Justice and Home Affairs Council
EU Justice and Home Affairs Council, 25 October in Luxembourg:
Main
agenda
"A"
Points
(adopted without debate)
Background
Note
EU
- "The Hague Programme" on justice and home affairs.
Pogramme to be adopted on 5 November
EU: Compulsory
fingerprinting for all passports
Draft proposal
on exchange of information extracted from the criminal record
(COM 238):
this Commission proposal signals a retreat from the original
idea which proposed direct access by all law enforcement agencies
to each other information - see Statewatch
Analysis of the previous COM 221
EU:
Compulsory fingerprinting for all passports (24.10.04)
- EU to back demand by Italy, Germany, France, Greece, Spain,
Malta, Lithuania, Poland and Slovenia for mandatory fingerprinting
- only Sweden, Finland, Estonia and Latvia oppose move
- UK and Germany want to have a third biometric - "iris
scans" too in addition to facial scans and fingerprints
- EU Data Protection Commissioners are: "fundamentally"
opposed to the creation of an EU-wide database
Update: Now includes Statewatch
annotation of text (24.10.04)
EU
- "The Hague Programme" on justice and home affairs.
Pogramme to be adopted on 5 November leaving no time for parliaments
and civil society for react - Draft Programme and Timetable
Italy: Journalist
sentenced for smuggling himself into reception centre
European Call: Against
the creation of camps at European borders (link)
Northern Ireland Human Rights Commission criticises conditions
for women in prison. The Northern Ireland Human Rights Commission
today (Tuesday 19 October) published detailed research into the
care of women in prison in Northern Ireland. The report, entitled
The Hurt Inside, presents stark findings regarding the lack of
progress in areas such as adequate healthcare, which were identified
for improvement by the Government’s own prisons watchdog
in 2002. The authors of the report for the Commission were Professor
Phil Scraton of Queen's University and Dr Linda Moore, an Investigations
Worker with the Commission. Phil Scraton commented:
“Interviewing prisoners in Mourne House we found distressed women, some of whom were suffering from mental health problems, who should not have been in prison. We found systemic abuses of human rights including the holding of a 17-year-old girl in solitary confinement, locked alone in a bare cell for 23 hours a day. Deprived of a mattress or bed to sleep on she used a plastic potty for a toilet... The Northern Ireland Prison Service still has no policy or strategic plan for the imprisonment of women and has offered no explanation as to why the needs of women and girl prisoners have not been appropriately addressed.”
The report: The Hurt Inside - the imprisonment of women and girls in Northern Ireland (pdf)
German
police sentenced over deportation death (link)
European Court of Justice rules that Stern journalist
request for an injunction is unfounded and the claim for costs
is turned down. Hans-Martin Tillack obtained copies of "the
Van Buitenen memorandum" and internal Commission notes relating
to "irregularities". His home and office were searched
and documents siezed on 19 March 2004 by Belgian police as part
of an investigation by OLAF (European Anti-Fraud Office): Decision
of the court
(link) Statement by the International
Federation of Journalists (link)
Seizure of Indymedia's webservers in London: At 5pm on 13 October
Rackspace (London-based service provider of a US company) informed
Indymedia that the two servers they had handed over were now
back in their office. Indymedia is now examining whether they
have been "compromised". It is still not clear who
Rackspace handed the two servers to - was it directly to the
FBI in compliance with a US court order? This would be unlawful
for a UK-based company. Or did the Home Office agree under the
UK-USA Mutual Legal Assistance Treaty? See: The
Register
and UK-USA:
Was the seizure of Indymedia's servers in London unlawful or
did the UK government collude? and Indymedia
seizures: a trawl for Genoa G8 trial cover-up? Injunction sought
against export of evidence & see: Petition
in support of Indymedia (14.10.04)
Statewatch's
work recognised as "influential" in the EU
Statewatch editor,
Tony Bunyan, has been selected by the European Voice newspaper
as one of the fifty most influential people in the EU in 2004
for working "to protect civil liberties, put at risk
by the package of anti-terrorism measures".
UK: Harm
on Removal: Excessive Force against Failed Asylum Seekers - report by the Medical
Foundation for the Care of Victims of Torture (pdf)
Europe: Jesuit
Refugee Service Europe: Detention in Europe - Observation and
Position Paper 2004 (pdf)
Statewatch launches: ASBOwatch monitoring the use of Anti-Social
Behaviour Orders throughout the UK Analysis, background documents and sections
on:
- children
- protestors
- "CRASBO's"
- general public order
- extreme cases
European Parliament Committee votes to reject Mr Buttliglione
as new Commissioner for justice and home affairs. The Committee
on Citizens' Freedoms and Rights voted by 27 vote to 26 against
on Monday. This is the first time that a European Commission
nominee has been rejected outright. In the final vote in the
parliament's plenary session in two weeks time it can only vote
to reject all the proposed Commissioners. However, the vote sets
a problem for the European Commission President as Mr Buttliglione
would have to wrok with this Committee for the next five years.
See: euobserver & euractiv (links)
Update:
Sweden: Expulsions carried out by US agents, men tortured in
Egypt
- second Swedish TV4 transcript with more details on the US abduction
- Shannon airport on west of Ireland used as stop-over for US
plane (from Village magazine) (11.10.04)
European Human Rights Advocacy Centre (EHRAC): European
Court of human rights to hear first Chechen cases - press release (pdf)
UK-USA: Was the seizure
of Indymedia's servers in London unlawful or did the UK government
collude?
"A trail
that started in Switzerland and Italy has now ended fairly and
squarely in the lap of the UK Home Secretary to justify"
(9.10.04)
UK: International Federation of Journalists (IFJ) statement on
FBI seizure of Indymedia servers in London: IFJ statement (pdf). Aidan White,
IFJ General Secretary comments:
"We have witnessed an intolerable and intrusive international police operation against a network specialising in independent journalism. The way this has been done smacks more of intimidation of legitimate journalistic inquiry than crime-busting. The seizing of computers and the high profile nature of this incident suggests that someone wanted to stifle these independent voices in journalism. We need a full investigation into why this action took place, who took part and who authorised it." (8.10.04)
UK & USA: The
FBI has ordered the seizure of Indymedia's servers in USA and
UK
(link) Indymedia's
hard disks sequestred by FBI (link)
"US authorities
have issued a federal order to Rackspace's office in the US ordering
them to hand over Indymedia's hardware (server) located in London.
Rackspace is one of Indymed's web hosting providers with offices
in the US and London. Rackspace complied, without first notifying
Indymedia, and handed over Indymedia's server in the UK. This
affects some 20+ Indymedia sites worldwide. As the subpoena was
issued to Rackspace in the USA, and not to Indymedia, the reasons
for this action are still unknown. Rackspace stated that "they
cannot provide Indymedia with any information regarding the order".
It is unclear to Indymedia how and why a server that is outside
the US jurisdiction can be seized by US authorities." (8.10.04)
The list of affected local media collectives includes Ambazonia,
Uruguay, Andorra, Poland, Western Massachusetts, Nice, Nantes,
Lilles, Marseille (all France), Euskal Herria (Basque Country),
Liege, East and West Vlaanderen, Antwerpen (all Belgium), Belgrade,
Portugal, Prague, Galiza, Italy, Brazil, UK, part of the Germany
site, and the global Indymedia Radio site.
Buttiglione "hearing" in the European Parliament on
5 October. Reports in euobserver (link) eupolitix (link) "Being
gay is a sin" - Independent (link) Reuters (link) Socialist
group expresses serious doubts on suitability (link) Mr Josep Borrell,
President of the European Parliament, said:
“I don't think that at this moment in time we can have such people in charge of justice - especially justice... Perhaps if he were in charge of beetroots, it wouldn't be so serious.”
USA: ACLU
Case, Federal Court Strikes Down Patriot Act Surveillance Power
As UnconstitutionalCLU wins (link)
USA-EU: From Thursday 30 September 2004, all visitors to the
United States will be electronically face-scanned and fingerprinted
at the US border and and "lifetime travel dossier"
will be held for up to 100 years on the US-Visit programme. This
includes all EU travellers who up to now have been exempt under
the "Visa Waiver Scheme". See: Privacy
International report on the US-VISIT programme (pdf) and US-VISIT
- Flows of data to and from the system (pdf)
September 2004
Arms sales: EU arms controls are not strong enough to prevent
weapons from falling into the wrong hands. Saferworld, Oxfam,
Pax Christi and Amnesty International as part of a coalition
of 55 European NGOs warned today. They said there were major
loopholes in the EU Code of Conduct on Arms Exports, which must
be strengthened without delay. The call comes as the NGOs launch
a report called 'Taking
Control: The Case for a More Effective EU Code of Conduct' (link)
EU: Data retention proposal: Statement and press release from
Forum Computer Professionals for Peace and Social Responsibility
(FIfF) e.V. and German Organisation for Data Protection (DVD)
e.V.and thirteen NGOs: "It is not to late to avert those
plans which will not lead to more safety but rather to more surveillance.
We urge all democratic forces to help us prevent another step
into a state of surveillance." Statement
and press release on EU data retention plans (pdf) See also EU surveillance
of telecommunications: Statewatch
analysis
Statewatch's Timetable on progress of new measures resulting
from the 25 March 2004 EU Anti-Terrorist Declaration: Updated
30 September 2004: Timetable (pdf) Statewatch's "Scoreboard"
and analysis finding that 27 out of 57 EU proposals have little
or nothing to do with tackling terrorism – they deal with
crime in general and surveillance: Statewatch
Scoreboard
(pdf)
USA: FBI
swamped by terror tapes: Struggling bureau has more than 120,000
hours of wire-tapped conversations awaiting analysis (Guardian link) and
full-text of US
Department of Justice - Office of Inspector General Report (pdf)
"Its
all for your own good" - interesting article on the surveillance
society and what it might mean by Paul Lashmar in the Guardian
(link)
EU:
Briefing and documentation on the Informal Justice and Home Affairs
Council, the Hague, Netherlands (30 September - 1October) - exchange
of information, Europol, Eurojust, Internal Security Committee,
common asylum system, "improved access to durable solutions"
(external camps) and "minimum standards for return procedures".
(28.9.04)
"Right
to know day": Public Information Still Hard to Get, Five
Country Survey Finds (28.9.04)
Exclusive: Statewatch Analysis
of secret documents shows: EU divided over list of "safe
countries of origin"
Tony Bunyan, Statewatch editor, comments:
"Our analysis provides an insight into how EU decisions are made, with too little time, too little information, and no public debate. To determine the fate of people fleeing from poverty and persecution on the basis of such a shallow process is an insult to any sense of humanity or moral responsibility, let alone legal obligations - the list should be scrapped."
1. Press
release
(27 September 2004)
2. Statewatch
Analysis: EU divided over list of "safe countries of origin"
- the list should be scrapped
(pdf)
3. Appendix
to this report with full details of all the EU member state responses (pdf)
4. Sources/documents,
including member state responses
Czech Republic: The Chamber of Deputies
voted by the narrowest of majorities to override the veto on
the European arrest warrant by President Vaclav Klaus. The decision
could still be challenged in the Constitutional Court: Czech
parliament agrees to arrest warrant (link). See also: President vetoes European
arrest warrant Bill: euobserver (link). Only Italy remains
to agree the measure.
EU: "Is the EU becoming
more open?"
(pdf) Article on what happens to whistleblowers: "When people
raise questions, even internally, they are quickly vitcimised
and put on the margins", Aidan White (secretary General
of the IFJ) - from EU Reporter (link)
USA-PNR: The ACLU (American Civil Liberties Union) says that
the proposed "Secure Flight" passenger vetting project
- which is to replace CAPPS II withdrawn because it failed to
meet 7 out of 8 privacy and data rpotection standards - may pose
similar problems: ACLU
on Secure Flights (link). CAPPS II was intended to screen all passengers
against state and commercial data and "intelligence".
It was abandoned following a report from the General Accountability
Office (GAO) which said it failed to meet basic standards: GAO
report on CAPPS II (pdf)
EDRI (European Digital Rights) summary
of the consultation by the European Commission on new EU plans
for mandatory retention of telecom traffic data on 21 September:
Summary See also: Over 90 non-governmental
organizations - including Statewatch - and 80 companies have
endorsed Privacy International's call: Invasive,
illusory, illegal and illegitimate See also EU surveillance of telecommunications:
Statewatch
analysis,
S.O.S.Europe and EU-FBI communications
surveillance plan
Switzerland:
Europol accord sparks data protection fears (link) Heinrich Busch,
a political scientist and expert on policing issues, says: “I
have no doubt about it: where data protection is concerned, Europol
is a real danger,” he told swissinfo. “Europol’s
record-keeping capacity is impressive, but in my opinion it openly
contradicts the principle of people’s fundamental right
to privacy” On paper, for instance, Europol guarantees a
right of consultation, but in reality this is an impossibility.
"A person wanting to consult his or her personal file must
first approach the police in their country of origin, which in
turn has to ask all the other Europol police forces for authorisation
to access the information they hold."
OECD: The economic effect
of terrorism (Working Paper) (pdf)
UK: Person detained as "terrorist suspect" for three
years released: Guardian (link)
EU: On Tuesday 5 October the new Commissioner for "Freedom,
justice and security" Mr Rocco Buttiglione will appear before
the Committee for Citizens' Freedoms and Rights in the European
Parliament to answer questions. His answers to the written questions
from MEPs are here: Buttiglione's answers
to questions
(pdf)
See also: New Commissioner for "Justice, Freedom and Security" talks of the EU being "swamped" by immigration "time-bomb" (23.8.04) EU: New Commissioner supports setting up external refugee detention centres (18.8.04)
US-EU: European Cooperation With the
United States in the Global War on Terrorism. William P. Pope,
Principal Deputy Coordinator for Counterterrorism Remarks to
the House International Relations Committee, Subcommittee on
Europe and on International Terrorism, Nonproliferation and Human
Rights Washington, DC September 14, 2004 Text
of speech
(link)
EU-UK: Government publishes White Paper on the "Treaty establishing
a Constitution for Europe" (Cm 6309): White
Paper
(pdf) (16.9.04)
Whistle-blowing and institutional accountability:
Conference, Thursday 30 September, 10 am. International Press
Centre (IPC), Résidence Palace, Rue de la Loi, Brussels.
Following Dougal Watt’s presentation to the NUJ earlier
this year, the NUJ and IFJ are organising a conference and presentation
on the theme of whistle-blowing and its importance to democracy
and institutional accountability: Press release (pdf)
(15.9.04) EU-PNR Directive published in Official Journal:
Text (pdf). Published on
6 August 2004 and came into force on 5 September. All Member
States has to implement by 5 September 2006. See also: Justice
and Home Affairs Council agrees on the surveillance of all airline
passengers: PNR
Directive, adopted text (pdf) &
JHA Council to agree the surveillance of all airline passengers:
Report
and documents
- data can be kept indefinitely by law enforcement agencies and
dubious legal basis: European Commission wanted the Council to
delay decision so as not to deal "piecemeal with law enforcement
issues" (15.9.04)
EU Over 90 non-governmental organizations - including Statewatch
- and 80 companies have endorsed Privacy International's call
on the European Commission to abandon on a proposed retention
regime across Europe of between 1 and 3 years for all communications
traffic data. In this response, PI argues that data retention
is invasive, illusory in its gains, illegal in its goals, and
that the policy process surrounding retention is illegimate.
Invasive, Illusory, Illegal, and Illegitimate: Invasive,
illusory, illegal and illegitmate (link)
BUDVA DECLARATION: Declaration
of Regional Seminar on Freedom of Information Budva, Montenegro,
9-10 September 2004. Participants in the Budva Regional Seminar
on Freedom of Information discussed international standards for
the right of access to information, in particular the legitimate
exemptions to the release of information. The challenges of implementation
of FOI laws were also discussed, including the need for training,
awareness raising, litigation: Budva
Declaration (pdf) (14.9.04)
Northern Ireland: Loyalist
admits Finucane murder: A man accused of murdering a Belfast
solicitor more than 15 years ago has pleaded guilty to the charge (link to BBC News) (13.9.04)
USA: Non-lethal weapons: Long
Range Sound Cannon in US In
Iraq
Specifications (thanks to Cryptome)
Urgent call to sign-up to answer to data retention - The Directorate
Generals for the Information Society and on Justice and Home
Affairs from the European Commission have asked for public comments
on a proposed retention regime across Europe between 12 and 36
months for all traffic data generated by using fixed and mobile
telephony and Internet. The deadline for comments expires on
15 September 2004. Privacy International [PI] and European Digital
Rights [EDRI] have published their joint answer to the consultation
on mandatory data retention: To sign
up
Future French
electronic ID card to include two biometrics
Sweden
to start issuing biometric passports and e-ID cards in 2005
Beyond
September 11: Essay by by Phil Scraton in "Beyond September
11 - an anthology of dissent" (Pluto Press) (pdf)
Statewatch Timetable: March 2004 EU Anti-Terrorist Declaration:
Updated 7 September 2004: Timetable (pdf) Statewatch's "Scoreboard"
and analysis finding that 27 out of 57 EU proposals have little
or nothing to do with tackling terrorism – they deal with
crime in general and surveillance: Statewatch
Scoreboard
(pdf)
UK:
Police can keep DNA of innocent people indefinitely - the law lords have
set a dangerous precedent by backing the demands of the state
over individual privacy (5.9.04)
Scotland:
Dossier on Dungavel Removal Centre - concerning systematic human
rights abuses in the detention system (pdf, link) (3.9.04)
UK:
New study highlights discrimination in use of anti-terror laws:
IRR News Service (link) (3.9.04)
EU:
Head of Liberal and Democrat group comes out against transit
camps for refugees (2.9.04)
August 2004
McLibel case in Strasbourg court on 7 September (31.8.04)
Italy
& Spain: Iraq torture sparks political controversy (31.8.04) (31.8.04)
USA/Iraq: Two reports on Abu Ghraid: Schlesinger
report
(link) and Fay
report
(link)
EU: Study on "The transfer of protection status in the EU,
against the background of the common European asylum system and
the goal of a uniform status, valid throughout the Union, for
those granted asylum" for the European Commission: Full-text
of study<