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22nd year reporting on civil liberties and the state in the European Union (updated 8.6.20)  Editor: Tony Bunyan  Bookmark and Share

June 2020

Statewatch Analysis: Spain/Portugal/Italy: Partial relief: migrant regularisations during the COVID-19 pandemic (pdf) by Yurema Pallarés Pla:

The uncertainty that the Covid-19 outbreak has brought to every sphere of life has had a major impact on already vulnerable groups, such as undocumented migrants. People who, for whatever reason, lack official authorisation to stay, live and work in a particular state usually live with constant fear of being detained or receiving an expulsion order after a spontaneous stop by the police. Among the different measures approved by European countries under states of emergency, some have addressed the situation of migrant populations.

This article looks at the cases of Portugal, Italy and Spain, which have been praised by the general public for appearing to offer regularisation, or an end to detention. However, the positive tone - probably exacerbated by the need for good news - has set aside details that suggest a less optimistic outcome.

Viewpoint: Greece-Finland: Ambassador's condemnation of an academic study on the hotspots shows the link between migration policy and authoritarianism (pdf) by Yasha Maccanico:

A letter sent by the Greek ambassador in Finland to a group of academics studying the "hotspots" appears to herald governmental persecution of civil society actors beyond what is already the case and intimidation of researchers, by suggesting they should primarily rely on information from Greek authorities and be careful about voicing criticism.

UK: Revealed: online covid tests refused to those not on credit check database (Health Service Journal, link):

"Disadvantaged groups may be excluded from the government’s online coronavirus test and trace system because it requires a credit reference database check to decide whether to deliver a home test, HSJ can reveal.

The online application process for a postal test overseen as part of the service uses a credit check company – TransUnion – to verify applicants’ identity, HSJ has confirmed. It is not a credit check and will not affect people’s credit score.

However, people who do not pass the checks carried out by the firm – or don’t want them to be carried out – are being told they need to apply instead for a drive-through test, which for many will make it difficult or impossible."

UK: Simeon Francis: Investigation launched after black man dies in police custody in Devon (The Independent, link):

"A black man has died in British police custody after “becoming unresponsive” in a cell.

A watchdog is investigating the circumstances of Simeon Francis' death in Devon.

The Independent Office for Police Conduct’s (IOPC) said he was arrested shortly before 1am in Exeter on 20 May and booked into custody at Torquay Police Station.

He was “found unresponsive in his cell” and an ambulance was called, but Mr Francis was pronounced dead at around 6pm on the same day."

EU: Another new "centre" launched at Europol: Europol launches the European Financial and Economic Crime Centre (press release, link):

"Today Europol launched the new European Financial and Economic Crime Centre (EFECC). The Centre will enhance the operational support provided to the EU Member States and EU bodies in the fields of financial and economic crime and promote the systematic use of financial investigations. The new EFECC has been set up within the current organisational structure of Europol that is already playing an important part in the European response to financial and economic crime and will be staffed with 65 international experts and analysts."

And see: Enterprising criminals – Europe’s fight against the global networks of financial and economic crime (pdf)

Something to declare? Surfacing issues with immunity certificates (Ada Lovelace Institute, link):

"As antibody tests are rolled out, governments around the world are considering how a presumption of ‘immunity’ might enable a more selective approach to managing risk in society. Some form of digital immunity certification or health status app could formally or informally shape how citizens access parts of society, interact with the economy and exercise their rights. As the building of technical capacity for immunity apps, and deliberation about how they might be deployed progresses, this long read surfaces six key issues policymakers must consider up front."

Can the EU make AI “trustworthy”? No – but they can make it just (EDRi, link):

"How to ensure a “trustworthy AI” has been highly debated since the European Commission launched its White Paper on AI in February this year. Policymakers and industry have hosted numerous conversations about “innovation”, “Europe becoming a leader in AI”, and promoting a “Fair AI”.

Yet, a “fair” or “trustworthy” artificial intelligence seems a far way off. As governments, institutions and industry swiftly move to incorporate AI into their systems and decision-making processes – grave concerns remain as to how these changes will impact people, democracy and society as a whole.

EDRi’s response outlines the main risks AI poses for people, communities and society, and outlines recommendations for an improved, truly ‘human-centric’ legislative proposal on AI. We argue that the EU must reinforce the protections already embedded in the General Data Protection Regulation (GDPR), outline clear legal limits for AI by focusing on impermissible use, and foreground principles of collective impact, democratic oversight, accountability, and fundamental rights. Here’s a summary of our main points."

UK-IRELAND: First post-Brexit request for UK extradition now before the High Court (Irish Independent, link):

"The first British extradition request sent to Ireland since the Brexit Withdrawal Agreement concluded between the UK and the EU has come before the High Court in Dublin.

Welsh man Wesley Purse (42) was supposed to be serving 12 years in an English prison when he was caught cultivating 112 cannabis plants in Co Tipperary on May 3, 2017...

He is also wanted to face charges of wounding with intent to cause grievous bodily harm, affray and possession of a baseball bat arising out of an alleged attack on a male in the UK on August 8, 2015...

Reserving his decision for three weeks, Mr Justice Paul Burns said yesterday he had to consider seeking additional information from the UK authorities before deciding on Purse's proposed surrender."

Europe’s COVID crisis does little to disparage Mediterranean migrants (euractiv, link):

"Having been expelled from Algeria, Alfa Jafo has spent the last few months working in the kitchen at a restaurant in the historic city of Agadez in Niger, a launchpad for irregular migration in the Sahel."

Covid-19 makes it clearer than ever: access to the internet should be a universal right (Guardian, link): By Tim Berners-Lee:

"The internet eased lockdown life for millions. But millions more still can’t get online, and that’s fundamentally unfair."

Responding to Covid-19: Surveillance, Trust and the Rule of Law (free-group.eu, link) By Valsamis Mitsilegas, Professor of European Criminal Law and Global Security at Queen Mary University of London:

"The purpose of this analysis is to focus on the multi-level challenges that, regardless of its form, what is in effect a post-Covid system of mass surveillance poses on well-established principles of law, rights, trust and citizenship

Surveillance has been at the heart of the development of state responses to Covid-19. Responses have focused on the surveillance of movement and mobility, including cross-border mobility in the context of re-opening the closed Covid-19 borders in Europe and beyond; and on the surveillance of citizens and populations deemed to have developed Covid-19 symptoms, and those they may have come in contact with, under systems of tracking and tracing."

Hostility towards migrants and those working to support them continues as state policy in Lesvos (Lesvos Legal Centre, link):

"Police fines for migrants seeking legal aid, the prolonged lockdown on refugee camps, the detention of new arrivals in the Mytiline port (again), and government measures targeting organizations working with migrants are four recent threads in the Greek authorities’ growing hostility towards migrants and those working to support them."

Germany struggles to face its own police racism (DW, link):

"The killing of George Floyd in the US has put extra scrutiny on structural racism in the police. Activists in Germany are now renewing their call to address cases of police brutality and structural racism in the force."

Project Interoperability: EU to pay 300 million EUR for face and fingerprint recognition (Matthias Monroy, link):

"The companies IDEMIA and Sopra Steria are setting up a biometric recognition system for the EU. For this purpose, fingerprints and facial images from five databases will be stored in a single file. Completion is planned in two years, but in an earlier large-scale IT project of the EU, one of the partners was seven years behind schedule."

Responses across the UK and Europe to the death of George Floyd (IRR News):

"The death of George Floyd in Minneapolis on 25 May, after a policeman knelt on his neck for nearly nine minutes as he pleaded he could not breathe, sparks protests across the UK and Europe. This roundup details those protests and related developments."

A statement of solidarity: Black lives matter

As an organisation that has sought to report on, analyse and expose state and street racism for almost 30 years, we wish to add our voice to the chorus of anger and disgust at the murder of George Floyd by the police in Minneapolis, USA.

This is the latest in a long line of brutal police killings and nobody should be surprised that it has provoked such widespread anger. It is an atrocity in itself and representative of a social order that systematically excludes, demeans and denigrates people because of the colour of their skin.

We express our full support for all those protesting against the ongoing blight of institutional racism and structural discrimination in the USA, the UK and elsewhere.

George Floyd death: Thousands join UK protests (BBC News, link):

"Thousands of people have gathered across central London to protest against the killing of an unarmed black man by police in the US.

They held up signs saying "Justice for George Floyd", who died in police custody while an officer kneeled on his neck to pin him down.

Derek Chauvin has been charged with his murder in Minneapolis. The white police officer has been sacked from his job."

See also: Anti-racism protests spread to Berlin and London (DW, link) and: INCLO condemns the use of excessive force and the misuse of less-lethal weapons against protesters in the USA (link)

Coronavirus / Policing; Rights groups demand change to fix unfair policing of lockdown (LIBERTY, link):

" Unclear rules and conflicting guidance lead to patchy approach to sweeping police powers
- People of colour most at risk and have been left overpoliced and under-protected in the pandemic
- Calls strengthened by report showing BAME people more than 56 per cent more likely to be fined than white people under lockdown powers"

See: Letter (pdf)

The Commission encourages Member States not to consider as illegal stay in the EU the periods of stay of third-country nationals in a Member State caused by Covid-related measures (Commission, link)

Illegal floating prisons | Carla Camilleri (Malta Today, link);

"We need to ask ourselves why Malta still operates migration through management-by-crisis, without long-term vision or contingency plans for emergencies and instead chooses to use human lives as pawns in a bid to find a solution to a global crisis."

Politically-motivated crimes in Germany at second-highest level since 2001 (euractiv, link):

"Germany’s number of politically-motivated crimes has increased significantly over the past year. Offences perpetrated by both the left and right wing have spiked. For the first time, crimes committed online were also included in the statistics. EURACTIV Germany reports.

The number of politically motivated crimes in Germany in 2019 rose by about 14% compared to the previous year to around 41,000.(...)

This puts politically-motivated crime at its second-highest level since it was introduced to the statistics back in 2001."

Michel Barnier says EU is open to Brexit delay of up to two years (parliamentmagazine.eu, link):

"Barnier, the EU's chief Brexit negotiator, wrote to the Westminster leaders of the Scottish Nationalist Party, Liberal Democrats, Plaid Cymru, Social Democratic and Labour Party, Green Party and Alliance Party to state that the option of an extension to the current transition period is available if the UK requests it."

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