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February 2017

EU tells France: Take "immediate measures" to identify and deport migrants living in and around Calais

See: Proposal for a Council Implementing Decision setting out a recommendation on addressing the deficiencies identified in the 2016 evaluation of France (Pas-de-Calais) on the application of the Schengen acquis in the field of return (Commission LIMITE doc no: 26-17, pdf)

At the behest of the EU Greece is to install a "coastal surveillance system covering the whole sea border between Greece and Turkey"

The latest report from the Hellenic delegation to the Council of the European Union on "serious" deficiencies in the application of the Schengen acquis envisages the construction of a: "National Integrated Maritime Surveillance System (NIMSS)":

See: Schengen evaluation of Greece - 3rd Follow-up report on the implementation of the Action Plan on addressing the "serious" deficiencies identified in the 2015 evaluation on the application of the Schengen acquis in the field of management of the external borders (LIMITE doc no: 6311-17, pdf)

Refugee crisis: latest news from across Europe (28.2.17)

European Parliament: EU borders: Civil Liberties MEPs vote to step up checks and data protection (pdf):

"Civil Liberties MEPs voted on Monday for stronger protection and a shorter retention period for data stored in the new EU entry/exit system, which is designed
to modernise and step up checks on non-EU nationals travelling to the European Union.... The draft resolution was adopted by 38 votes to seven, with one abstention.

Stronger data protection

MEPs backed the EU Commission’s proposal to store a combination of four fingerprints and a facial image of travellers arriving in the Schengen area. However, they say data should be stored for only two years, and not the five years proposed by Commission. They also want to ensure that the text is in line with the provisions of the General Data Protection Regulation, for example by allowing the data subject the right to access his or her own data.

Clearly-defined purpose

The purposes of data processing in the new system should also be clarified, MEPs say. Migration handling should be the first purpose and law enforcement a further one. The two should be treated separately, as the conditions for the use and storage of the data are not the same, they underline."

Britain's child migrant programme: why 130,000 children were shipped abroad (Guardian, link)

"The national child abuse inquiry is hearing testimony from people shipped as children to Australia. Some children sent to former colonies between the 1920s and 1970s faced servitude, hard labour and abuse."

EU: Refugee crisis: latest news from across Europe (27.2.17): EU visa waiver rules amended to try to ensure readmission cooperation; border walls in Hungary and Turkey; ECJ victory for human rights in asylum proceedings.

EU: Pre-trial prisoner population in Europe falls by 42% since 2000

"Today sees the launch of the third World Pre-trial/Remand Imprisonment List. The List provides comprehensive data on pre-trial/remand prisoner populations, as at the end of November 2016, for 216 countries and dependent territories across the world. It shows that at least two and a half million prisoners are detained pre-trial. But taking account of those not reported in official data, or from the ten countries where no official data are published, the worldwide total is likely to be close to three million.

What are the main trends since 2000?

...The biggest positive is that the total European pre-trial prisoner population has fallen by 42% since 2000. In Russia, numbers halved; and they fell substantially in most other former Soviet republics and former socialist countries of central and Eastern Europe. There has also been progress in much of southern and western Europe. I’m heartened to see this, having worked at Fair Trials during the first stages of its European pre-trial justice campaign."

See: Catherine Heard discusses today’s release of the latest global pre-trial detention data (Fair Trials, link) and: World Prison Brief: World Pre-trial/Remand Imprisonment List: third edition (pdf)

EU: Internal market: European Parliament study on extending the scope of the geo-blocking prohibition: An economic assessment

A new study for the European Parliament "illustrates the prevalence of geo-blocking in e-commerce and summarizes available relevant evidence. It also discusses the economic impact of lifting geo-blocking restrictions in online goods and copyrighted digital content services."

From the executive summary:

"Geo-blocking occurs when traders operating in one Member State block or limit the ability of customers from other Member States to order their goods or online services, a practice that restricts cross-border commerce and specifically e-commerce. Surveys demonstrate that European consumers are frustrated by the level of geo-blocking; moreover, it can be viewed as a significant barrier to the Single Market.

At the same time, geo-blocking is a complicated issue where solutions need to be crafted with care in order to avoid unwanted and possibly undesirable consequences."

See: Extending the scope of the geo-blocking prohibition: An economic assessment (pdf)

EU: Visa waiver rules amended to allow suspension if third countries fail to cooperate on readmission

"On 27 February 2017, the Council adopted a regulation to revise the suspension mechanism which can be applied to all existing visa liberalisation agreements.

(...)

The objective of the revised regulation is to strengthen the suspension mechanism. It does this by making it easier for member states to notify circumstances which might lead to a suspension, by enabling the Commission to trigger the mechanism on its own initiative, and by tasking the Commission to send annual reports to the European Parliament and Council on the extent to which visa-exempt third countries continue to meet the necessary criteria.

The possible grounds for suspension have been extended, and include a decrease in cooperation on readmission, a substantial increase in the refusal rate of readmission applications, including for third-country nationals in transit, and a substantial increase in the risk to public policy or the internal security of the member states."

See: Council of the EU press release: Visas: Council adopts a revision of the visa waiver suspension mechanism (27 February 2017, pdf) and European Commission: Revision of the Visa Suspension Mechanism - Frequently Asked Questions (pdf)

UK: Scathing report on the imprisonment of young people and children calls for urgent change

A report by the Youth Custody Improvement Board (YCIB), which was set up by Conservative government in May 2016 "to explore and report on the current state of the youth custodial estate and recommend how the system could be improved," has issued a damning report on Young Offender Institutions (YOIs) and Secure Training Centres (STCs) in England and Wales.

EU: Proposed Directive on equal treatment: discussions and disagreement continue

The Member States of the EU are still debating a Directive on the equal treatment of persons regardless of their religion, beliefs, disability, age or sexual orientation, which was first proposed in 2008. The record of the latest discussions in the Council's Working Party on Social Questions revolve around the issue of sexual orientation and gender identity.

BORDER WALLS: Hungary starts second wall, Turkey's wall with Syria half-finished

"Hungary has begun building a second line of fence along its southern border with Serbia, a government spokesman said on Monday (27 February), a move likely to exacerbate criticism from some of the country’s European Union partners.

...A barbed-wire fence is already in place, erected in 2015, when Hungary was part of the main overland route for hundreds of thousands of migrants and refugees, many fleeing the war in Syria.

It effectively blocked that route to Germany, where many were heading, but Hungary has said a second fence would make the barrier more effective and hold back migrants while processing their asylum requests."

See: Hungary starts construction of second border fence (EurActiv, link)

And: Turkey builds more than half of Syrian border wall (Deutsche Welle, link):

"Turkey has erected 290 kilometers (180 miles) of a planned 511-kilometer (317 miles) "security wall" along its border with war-torn Syria, local media reported on Sunday, quoting the head of the body building the structure.

The wall is made from portable concrete blocks each weighing seven tons. The blocks are 2-meters thick (6.5-foot) at the base and 3-meters (10-foot) high, topped by a meter of razor wire. Along the entire wall roads are being built for military patrols and watch towers are being erected."

UK: Draft guidance for police following death or serious injury angers officers' organisation

"If approved by the Home Secretary, all police forces in England and Wales will be obliged to make use of the guidance in the event of fatalities or serious injuries resulting from firearms operations, incidents in custody or other police contact."

UK-EU: BREXIT: Poland sees 100,000-200,000 Poles coming home after Brexit (Reuters, link):

"Between 100,000 and 200,000 Poles living in Britain may return home as a result of Britain leaving the European Union, a Polish government ministry said on Monday.

"The situation around Brexit combined with improvement in the socio-economic situation in Poland may mean that some Poles (an estimate of 100,000-200,000) presently living in Great Britain will decided to return," Poland's Development Ministry said in a reply to a question by a member of parliament.

Some 916,000 Poles live in the United Kingdom, according to 2015 data from Britain's Office for National Statistics."

UK: BBC dismayed at German 'BND spying on journalists' (BBC News, link):

"The BBC has voiced dismay over alleged German spying on foreign journalists, including some working for the BBC.

Germany's foreign intelligence service BND spied on media e-mails, faxes and phone calls, including more than a dozen BBC numbers in London and Afghanistan, Spiegel news reported.

The surveillance, which began in 1999, also extended to Reuters news agency and the New York Times, it is alleged.

"We are disappointed to hear these claims," a BBC spokesperson said."

And see: Documents Indicate Germany Spied on Foreign Journalists (Der Spiegel, link)

EU: Europol report on European Migrant Smuggling Centre's first year of operations

"The EMSC one year activity report, published today, details how almost 12 000 operational messages were submitted via Europol’s secure communication network SIENA, representing a 34% increase compared to 2015. The operational messages contained data on over 17 400 new suspected migrant smugglers and helped launch 2057 new international investigations. Nearly a quarter of these investigations were related to identity and/or document fraud, as investigators reported detecting 2589 identity documents that had been forged, counterfeit or reported as lost or stolen. In addition, 22 print shops or document forgery factories were identified and dismantled. The EMSC’s ‘list of vessels of interest’ has grown and currently includes information on over 500 vessels that have potentially been used by criminals to smuggle migrants."

See: Europol’s European Migrant Smuggling Centre: One year on (press release, pdf) and the report: European Migrant Smuggling Centre: Activity Report: First year (pdf):

"The EMSC was officially launched on 22 February 2016, during the 2nd Europol-Interpol Forum on Countering Migrant Smuggling Networks.

This report looks at the evolution of migrant smuggling and the development of the European Migrant Smuggling Centre in 2016."

EU-BELGIUM: Belgian Act on Passenger Name Records published (Lexology, link):

"On 25 January 2017, the Belgian Act on the processing of passenger name records (“PNR Act”) was published in the Belgian Official Gazette. The PNR Act implements three EU directives in the Belgian legal order: Directive 2016/681 on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime, Directive 2010/65 on reporting formalities for ships arriving in and/or departing from ports of the Member States, and Directive 2004/82 on the obligation of carriers to communicate passenger data.

The PNR Act obliges carriers and travel operators in the different transport sectors to transmit their passenger data to a central database called the “Passenger Database”, so that these data can be analyzed in the framework of terrorism, violent radicalization, and other forms of serious crime. This will allow law enforcement agencies to determine new trends and phenomena and to assess which passengers could be a danger to the public order. Transport companies and travel operators risk fines of up to €600 000 if they do not comply with this obligation.

However, before the PNR Act can enter into force, some implementing measures have yet to be taken. For instance, a new service called the “Passengers Information Unit” has yet to be established within the Federal Public Service Internal Affairs. This Unit will be in charge of the Passenger Database and cooperate with the Passenger Information Units of other member states, with Europol, and with third countries."

And see: PNR: €70 million for swift implementation of travel surveillance and profiling infrastructure (Statewatch News Online, 21 December 2016)

UK: A Grandmother Has Been Deported With Just £12 In Her Pocket Despite Living In Britain For The Past 30 Years (BuzzFeed, link):

"A grandmother who made headlines for being placed in immigration detention after living in Britain for nearly 30 years was forcibly removed from the country on Sunday.

BuzzFeed News revealed earlier this month that Irene Clennell, 53, was being held in Dungavel detention centre in South Lanarkshire because the government wanted to remove her to Singapore.

She is the main carer for her sick British husband, John, and has two British sons and a British granddaughter.

Speaking to BuzzFeed News from the plane on the runway at Edinburgh airport, she said she had just £12 in her pocket, nobody to stay with in Singapore, and no change of clothes.

Clennell had been planning to see a new lawyer on Monday morning to discuss the potential for a fresh case. She believes her sudden removal was planned for a Sunday so she would have no chance of getting hold of a lawyer to stop it."

See: UK: Foreign spouse income rules do not breach of human rights – Supreme Court (Migrants' Rights Network)

Thousands of Romanians form EU flag at anti-government rally (Reuters, link):

"Thousands protested in the Romanian capital Bucharest on Sunday against the Social Democrat government that tried to weaken a crackdown on corruption earlier this month.

In early February, the cabinet of Prime Minister Sorin Grindeanu approved an emergency decree that would have decriminalised several graft offences.

The move drew criticism from Western allies and triggering nationwide protests that at their height drew at least half a million people onto the streets.

The ruling coalition rescinded the decree, which would have shielded dozens of public officials from prosecution, and on Wednesday it reshuffled the cabinet, hoping to draw a line under the matter.

While the numbers of protesters has fallen sharply since early February, an estimated 3,000 to 5,000 people gathered outside government headquarters on Sunday demanding the resignation of a government they say they cannot trust. Many were carrying pins that read "Resist"."

See also: Romanian anti-government protesters form EU flag at rally (Politico, link):

"In an interview with POLITICO last week, Romanian Prime Minister Sorin Grindeanu praised the protesters. “I want to look at the good part of what happened: The civic part of our society reacted on this topic. It’s a very good thing for the country,” he said."

EU: Council of the European Union: Qualifications Directive, "Blue Card" Directive, EES and ETIAS

• QUALIFICATIONS: Proposed Regulation on qualification of third-country nationals or stateless persons as beneficiaries of international protection (LIMITE doc no: 5402-REV-1-17, 88 pages, pdf): Council developing its position with 144 Member State footnotes.

• "Legal migration"/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: 5899-17,pdf) Council developing its position with 157 Member State footnotes. Modifications are indicated in bold and the deleted text is marked with strikethrough.

• Nearly agreed Council position on Entry/Exit System (EES): Draft mandate to open interinstitutional negotiations with the European Parliament (LIMITE doc no: 6323-17, 154 pages, pdf): Major deletions of parts of Presidency compromises are
marked as (…).

• Issues within the Council concerning ETIAS:
Proposal for a Regulation establishing a European Travel Information and Authorisation System (ETIAS) (LIMITE doc no: 6324-17, pdf): Issues include:

"Defining the responsible Member State as the Member State of first entry would not lead to a fair distribution between Member States of the workload linked to the authorisation process. It is likely that Member States with large airports or with a land border with a third country would receive the highest number of applications....

One should consider what happens in practice in relation to applicants who need a visa to enter the EU: often, the actual Member State of first entry is not the one that was declared by the traveller in his application...

"Duration of the authorization: While some Member States are fine with the five-year duration of the authorization, others find this
validity period too long and have suggested shorter terms. Such suggestions have varied from single use to two years (the latter being the case of the US ESTA system)....

Considering that the main concerns by Member State relate to having only an assessment once in a 5-year period of time, would the possibility for additional re-assessment in case new alerts are introduced in the systems solve the Member States concerns (i.e. extend the re-assessment foreseen in Article 35(3) and (4) in case of new alerts in SIS and the ETIAS watchlist to other systems)?"

SPIEGEL Exclusive Documents Indicate Germany Spied on Foreign Journalists (link):

"Germany's foreign intelligence agency, the BND, apparently spied on large numbers of foreign journalists overseas over the course of several years, including employees of the BBC, Reuters and the New York Times. Critics see a massive violation of press freedoms....

the surveillance of journalists documented in the papers SPIEGEL has seen was almost certainly not inadvertent. The search terms used clearly targeted the journalists or the newsrooms whose contact information is on the BND list. The German intelligence agency declined to comment on the allegations. "Regarding operative aspects of its activities, the BND comments exclusively to the German government or the committee responsible in the German parliament," the BND press office stated."

Refugee crisis: latest news from across Europe (23-24.2.17)

EU Council of the European Union: HLWG: Migration and GAMM report & European Council Draft Conclusions

High Level Working Group on Asylum and Migration (HLWG): Summary of discussions (LIMITE doc no: 5657-17, pdf): Includes: Detailed Global Approach to Migration and Mobility: GAMM UPDATE: 19 January 2017 (pages: 4-29):

"This document provides an updated overview of the main external migration dialogues and processes implemented in the framework of the EU Global Approach to Migration and Mobility (GAMM). The document is compiled for the information of the EU High Level Working Group on Asylum and Migration by the responsible European Commission services, in association with the EEAS."

European Council (9 and 10 March 2017) - Draft guidelines for the conclusions (LIMITE doc no: 5575-17, pdf): Includes:

"MIGRATION: On the basis of the report of the Maltese Prime Minister (see above), the European Council will take stock of the follow up to the guidance provided at the informal meeting in Malta on 3 February 2017, with a focus on operational measures. It will also encourage further efforts by the Council to rapidly deliver on all aspects of the EU's comprehensive migration policy
during the current Council Presidency."

"European Public Prosecutor's Office (draft conclusions): Following the referral by 17 Member States pursuant to Article 86(1), second subparagraph, TFEU of the draft Regulation on the establishment of the European Public Prosecutor's Office, the European Council discussed the draft and noted that the condition set out at the beginning of Article 86(1), third subparagraph was met, thus opening the way to the possible establishment of enhanced cooperation on the basis of that draft."

UK: Police told to delete on request millions of images of innocent people (Guardian, link): "Home secretary says any ‘unconvicted persons’ can request that police delete their images from national database.

The home secretary has ordered police forces to delete on request millions of images of innocent people unlawfully retained on a searchable national police database.

A Home Office review published on Friday found that police forces make extensive use of more than 19 million pictures and video, known as custody images, of people they have arrested or questioned on the police national database.

Despite a high court ruling in 2012 that keeping images of innocent people was unlawful, police forces have quietly continued to build up a massive database without any of the controls or privacy safeguards that apply to police DNA and fingerprint databases.

The review, ordered by ministers in the wake of the high court ruling, found five years ago that more than 16 million images had been enrolled in the facial recognition gallery on the police national database making it possible to search them using facial recognition technology."

See: Home Office: Custody Image Review (pdf) "The total numbers of images stored by the forces that participated in this Review ranged from 26,816 in the smallest of the eight forces, to 7.8 million in the largest. "

Comment: Note you have to request removal of your image - ..It would be more impressive if they just deleted them all.

European Parliament Study: The European Unions Policies on Counter-Terrorism Relevance, Coherence and Effectiveness (pdf):

"This study, commissioned by the European Parliament’s Policy Department for Citizens' Rights and Constitutional Affairs at the request of the LIBE Committee, identifies (counter-) terrorism trends, threats and policies in the EU, focussing particularly on seven themes, including database access and interoperability, measures on border security, criminal justice and prevention of radicalisation."

New legal framework for predictive policing in Denmark (EDRI, link):

"After the terrorist attack in Copenhagen in February 2015, the Danish government presented an action plan to strengthen the data analysis capacity of the police and the Danish Security and Intelligence Service (PET). The action plan, called “A Strong Guard against Terror”, specifically mentions monitoring of social media posts in order to discover possible terrorist attacks being planned."

See also: How Peter Thiel’s Palantir Helped the NSA Spy on the Whole World (The Intercept. link)

UK: London Internet Exchange members vote no to constitution tweak (The Register, link): "Peering peers reject proposed rules on keeping quiet about secret govt gagging orders."

Inside Europe - Protests in France over alleged police brutality (DW, link):

"There are new claims of police brutality in France targeting racial minorities. Along with calls for reforming policing, the controversy has also cast a spotlight on France’s gritty banlieues - the low-income, immigrant heavy suburbs, with their poverty, high unemployment and crime. Some reject that stereotype - as Lisa Bryant reports from the Paris suburb of Bobigny."

Situation of Polish journalists is ‘untenable’ (euractiv, link):

"NGO Reporters Without Borders (RWB) has called on the European Commission to defend press freedom in Poland, after the country fell 29 places in the RWB’s global ranking. EURACTIV’s partner Ouest-France reports."

France, Germany get backing from Brussels on security proposals (euractiv, link):

"France and Germany won backing from the European Union’s executive yesterday (22 February) for proposals to tighten security across Europe, which include giving more powers to governments to monitor frontiers with other EU states.

Both governments face elections in the coming months against nationalists who say Europe’s open internal borders are at least partly to blame for Islamist bloodshed in Berlin, Brussels and Paris. Their interior ministers wrote jointly to the European Commission this week listing ways to improve public safety....

Schengen rules are due for review and meanwhile governments and the Commission have found ways to maintain the controls if necessary on security grounds. But the two ministers suggested both extending possible exemption limits and allowing more frontier checks even in normal circumstances.

Refugee crisis: latest news from across Europe (22.2.17) including: Afghan returns policy built on false narrative; new Irish asylum procedure must allow for quality legal advice; and more.

EU: Germany proposes EU rules making migrant deportations easier (EurActiv, link):

"German officials have proposed that the European Union relax some human rights safeguards so that more asylum seekers can be deported while awaiting the outcome of their cases, according to a working paper seen by Reuters.

The paper is among many under discussion in Brussels as the EU, which has taken in more than 1.3 million migrants and refugees since the start of 2015, makes it tougher for them to get in and be allowed to stay.

The paper said the proposal would only kick in at times of a “mass influx” of people to the bloc. “This is another element in efforts to energise readmission of people to wherever they came from,” said one Brussels-based diplomat."

And see: Refugee crisis: France-Germany Note - mass expulsion to subsistence conditions (Statewatch News Online): The "return of asylum seekers (without an assessment on the merits) in order to discourage illegal, smuggler-driven migration" and Germany-France Letter (20 February, French, pdf)

NORTHERN IRELAND: Theresa May on the attack over Troubles' soldier cases (BBC News, link):

"The Prime Minister has attacked those she claims have made a business of dragging soldiers through the courts over incidents in Northern Ireland.

Theresa May told MPs the government will ensure any Stormont investigative bodies have a legal duty to be fair, balanced and proportionate.

The PM said it was essential the justice system reflects that 90% of killings in NI were by terrorists.

She said treating them more favourably than army or police would be wrong."

And see: Now even our legacy issues have legacy issues (The Detail, link)

Malware Lets a Drone Steal Data by Watching a Computer’s Blinking LED (Wired, link):

"A few hours after dark one evening earlier this month, a small quadcopter drone lifted off from the parking lot of Ben-Gurion University in Beersheba, Israel. It soon trained its built-in camera on its target, a desktop computer’s tiny blinking light inside a third-floor office nearby. The pinpoint flickers, emitting from the LED hard drive indicator that lights up intermittently on practically every modern Windows machine, would hardly arouse the suspicions of anyone working in the office after hours. But in fact, that LED was silently winking out an optical stream of the computer’s secrets to the camera floating outside.

(...)

But the simplest countermeasure by far is simply to cover the computer’s LED itself. Once, a piece of tape over a laptop’s webcam was a sign of paranoia. Soon, a piece of tape obscuring a computer’s hard drive LED may be the real hallmark of someone who imagines a spy drone at every window."

EU: Afghan Returns Built on False Policy Narrative (Refugees Deeply, link):

"The idea that returning refugees will drive development in Afghanistan ignores reality, says researcher Marieke van Houte. She argues that the mass return of Afghans will further destabilize the country and drive a new exodus.

(...)

The economic, security and political challenges of the current transition period have set in motion a new episode of large-scale outward migration of Afghans. Instead of trying to manage and contain these migration flows, and treating the next large-scale arrival of Afghans as a “refugee crisis,” we should facilitate the resilience and ongoing determination of people to find a better life. If migration is to contribute to development and security, it should be facilitated rather than contained."

When It’s Too Late to Stop Fascism, According to Stefan Zweig (The New Yorker, link):

"I wonder how far along the scale of moral degeneration Zweig would judge America to be in its current state. We have a magnetic leader, one who lies continually and remorselessly—not pathologically but strategically, to placate his opponents, to inflame the furies of his core constituency, and to foment chaos. The American people are confused and benumbed by a flood of fake news and misinformation. Reading in Zweig’s memoir how, during the years of Hitler’s rise to power, many well-meaning people “could not or did not wish to perceive that a new technique of conscious cynical amorality was at work,” it’s difficult not to think of our own present predicament. Last week, as Trump signed a drastic immigration ban that led to an outcry across the country and the world, then sought to mitigate those protests by small palliative measures and denials, I thought of one other crucial technique that Zweig identified in Hitler and his ministers: they introduced their most extreme measures gradually—strategically—in order to gauge how each new outrage was received. “Only a single pill at a time and then a moment of waiting to observe the effect of its strength, to see whether the world conscience would still digest the dose,” Zweig wrote. “The doses became progressively stronger until all Europe finally perished from them.”"

CROATIA-SAUDI ARABIA: Croatia Sells Record Number of Arms to Saudi Arabia in 2016 (OCCRP, link):

"Zagreb sold a record amount of aging weapons and ammunition to Saudi Arabia in 2016, ignoring evidence the arms are regularly being diverted to Syria.

Croatia has drastically increased its sales of decades-old arms and ammunition to Saudi Arabia despite mounting evidence that the deliveries are being diverted to Syria in breach of European Union (EU) and international law."

EU: Ring of Pakistani migrant smugglers prosecuted (Europol press release, pdf):

"Law enforcement authorities of Germany, Hungary, Italy and Slovenia, in strong cooperation with Europol’s European Migrant Smuggling Centre, have dismantled an organised crime group that arranged smuggling of migrants from Hungary to Italy.

Coordinated investigations revealed that members of the smuggling network were Pakistani citizens who formed their criminal enterprise in Italy. More than 100 migrants from Afghanistan, Bangladesh and Pakistan were smuggled by them in the last couple of years, to destinations in Italy or Germany.

On each occasion between 20 and 36 migrants were transported, hidden in the cargo bays of minivans. The perpetrators rented their vehicles in either Italy or Hungary using fake documents. The illegal transportation was always secured by lead cars, which were also rental vehicles."

UK: Foreign spouse income rules do not breach of human rights – Supreme Court (Migrants' Rights Network, link):

"The Supreme Court has ruled today, 22 February, that the Family Migration Rules do not breach the UK’s obligations under the European Convention on Human Rights, including Article 8 concerning the right to family and private life.

But the court added that the Home Office’s rules and instructions failed to take full account of their legal duties in respect to the children involved or to allow alternative sources of funding to be considered.

So the ruling could give limited hope to some of the separate families with children but the four families who brought the appeal will not find out whether they can live together in Britain until their cases are reconsidered."

See also: Supreme court backs minimum income rule for non-European spouses (The Guardian, link)

And: Supreme Court: five cases on appeal: MM (Lebanon); Abdul Majid (Pakistan); Master AF; Shabana Javed (Pakistan); SS (Congo): judgment ([2017] UKSC 10, pdf) and press summary (pdf)

POLAND: Polish recruiting agencies illegally exchanging data: official (Radio Poland, link):

"Some Polish recruitment agencies are illegally exchanging personal data, creating “blacklists” of unwanted potential employees, Deputy Labour Minister Stanislaw Szwed has said.

“We have received information that recruitment agencies have created blacklists of people they … did not like during the recruitment process,” Szwed told Poland’s PAP news agency.

He said that the problem is one that is hard to investigate, adding that his ministry is considering different ways of preventing such activities.

Szwed also said he had received reports of some agencies discriminating against women."

UK: Young man deported for a murder he didn't even witness (The Bureau of Investigative Journalism, link):

"On Friday February 17, Edward Conteh was put on a plane at Gatwick and flown to Belgium, deported as a convicted killer.

Conteh, 23, maintains he is innocent, that he did not kill 16-year-old Nicholas Pearton in 2011. The courts agree - it was never suggested Conteh played any active role in the crime, yet he was convicted of manslaughter, imprisoned for years and deported.

“It doesn’t seem right for them to send me away for something I didn’t do,” he said.

Also 16 at the time, Conteh was convicted using a controversial law known as joint enterprise, which allows prosecutors to scoop up groups of suspects and prosecute them for the same crime."

See: JENGbA: Joint Enterprise Not Guilty by Association (link): "We campaign on behalf of, and with, those wrongfully convicted. We're campaigning to reform legal abuse by Joint Enterprise."

IRELAND: Rush to implement new asylum procedure should not be at expense of quality legal advice and representation say Irish Refugee Council (Irish Refugee Council, link):

"The Irish Refugee Council (IRC) today called for clarification from the International Protection Office (IPO) on the consequences of not submitting a questionnaire within 20 days and for more resources to be provided for comprehensive legal representation for people in the asylum process.

Nick Henderson, CEO of the Irish Refugee Council said: “The requirement that people complete a 60 page questionnaire within 20 working days, even with an ‘if possible’ caveat, has created understandable alarm. Our Drop-In Centre and Law Centre have seen a considerable increase in requests for assistance since the new application packs were sent out.”

He continued, “We are asking that the IPO state publicly on their website that flexibility will be provided so that people can obtain legal advice and representation and receive assistance in completing the questionnaire.”"

See: Government warned asylum seekers 'in distress' after changes to application process (Irish Examiner, link)

EU: Home Affairs Commissioner speech after meeting with German Interior Minister

"This morning our discussions focused on the internal and external dimensions of migration, security and border management. We agreed that in the coming months we need to find more common ground for the reform of Dublin based on the principles of solidarity and fair responsibility-sharing among Member States.

The Dublin reform is part of our wider effort to develop an effective and comprehensive asylum system. And I hope that we will find an agreement swiftly on the reform, which will improve our procedures, guarantee refugee rights and avoid abuses.

We need to protect those who need protection, prevent irregular migration and return those who have no right to stay.

With Thomas, we are on the same line on all these issues. In this context, I have also informed the Minister of the Commission's intention to put forward next week an Action Plan on Return and a Recommendation to Member States on the efficient implementation of return procedures."

See: Remarks by Commissioner Avramopoulos after his meeting with German Minister of the Interior de Maizère (pdf)

EU-POLAND: With Hungarian support, Poland defies EU over rule of law (EurActiv, link):

"Poland dismissed on Monday (20 February) demands that it implement judiciary reforms deemed essential by the European Commission to uphold the rule of law.

Poland risks being stripped of its voting rights in the 28-member bloc, but such a move requires unanimity, while Hungary said it would not support sanctions.

The European Commission has set the Polish government a late February deadline to implement measures to protect the powers of the Constitutional Court, after a series of new appointments and reforms appeared to weaken its independence."

And see: Rule of law concerns: case closed, says Polish FM (Radio Poland, link):

"Polish Foreign Minister Witold Waszczykowski said on Tuesday that he considers the issue of the state of the rule of law in Poland a “closed” case.

He was speaking a day after Warsaw said it had submitted a detailed response to European Commission recommendations issued amid concern in Brussels over sweeping legal changes introduced by Poland’s ruling conservatives."

UK-USA: British Muslim teacher taken off US-bound flight: I was treated like a criminal (The Guardian, link):

"A young British Muslim teacher escorted off a New York-bound flight by US officials in front of the school party he was helping lead has spoken of his concerns that he was targeted simply because of his religion.

Maths teacher Juhel Miah, 25, who was born in Birmingham and brought up in Swansea, said his treatment left him feeling humiliated. Both he and his school are demanding an explanation from the US authorities."

EU: Amnesty: "we cannot rely on government to protect our freedoms"

Amnesty International has published its annual report on human rights around the world, noting a "pervasive weakening of the rule of law and an erosion in the protection of fundamental rights" across Europe that has often been led by "anxious establishment parties" borrowing many of the policies favoured by new and resurgent "populist" parties.

The report states bluntly that: "We cannot rely on governments to protect our freedoms, and so we have to stand up ourselves. We have to come together and resist the roll back of long-established human rights. We must fight against the deceitful narrative that we have to trade of our rights in exchange for prosperity and security."

UK: Ukip MEP compared to Donald Trump after citing non-existent police statement on illegal immigration (The Independent, link):

"A Ukip MEP has been compared to Donald Trump after she cited a police statement to claim hundreds of illegal immigrants are arriving in the UK every week, only for the police force in question to say the statement does not appear to exist.

Jane Collins, Ukip’s Home Affairs spokeswoman, said during a speech to the party’s conference in Bolton that the “hundreds” of illegal immigrants were not being arrested when they are caught.

When later challenged about the claim, Ms Collins said her comment was a “direct quote” from Sussex Police.

However, a spokesman for the force told The Independent it had no records of this statement."

Internal EU report exposes Libya turmoil (EUobserver, link):

"An internal report from the EU's border mission for Libya provides a bleak account of the country's misfortunes, casting a long shadow over EU aims to control its migration flows towards Italy.

The assessment broadly echoes statements made by the UN's Libya envoy, Martin Kobler, who told BBC Newshour over the weekend that efforts to deliver services to Libyans "is getting from bad to worse."

Kobler's comments follow the EU's announcement last month to channel some €200 million into Libya-centric migration and border projects throughout much of north Africa.

It is not yet clear how much of that budget will go to the UN-backed Government of National Accord (GNA) in Tripoli.

An European Commission official said on Monday (20 February) that they are still in the "identification phase"."

See: Mission impossible? Secret EU report makes clear problems in rebuilding Libyan state (Statewatch News Online, 17 February 2017)

SPAIN-MOROCCO: More than 300 people climb the fence into Ceuta, eleven taken to hospital

Just days after some 500 people clambered over the razor-wire-topped fences seperating the Spanish enclave of Ceuta from Moroccan territory, another 300 people reached Spanish soil by climbing the fence early in the morning of 20 February during heavy rain and high winds, according to a report in Spanish newspaper El Diario. Eleven people were taken to hospital, three with fractures and eight with other injuries.

HUNGARY: Atlatszo.hu sued government for withholding corruption investigation records (Atlatszo.hu, link):

"Hungary’s government is happy to rely on a recently completed OLAF report exposing the questionable practices in the construction of the M4, Budapest’s fourth metro line. Since the objections raised are mainly targeted at the political sides preceding the current power in office, the state started leaking portions of the document to friendly media. However, when we filed a request for the release of the entire document we were rejected. Atlatszo.hu has consequently sued the Prime Minster’s Office, we are hopeful that the result will pave the way for the general public’s access to OLAF studies. After we filed our lawsuit, the government suddenly released the full document."

EU: Declassified Council reports on cybercrime (Greece, Slovenia) and financial crime (Malta)

The Council of the EU has recently declassified a number of reports setting out the findings of evaluations on "the practical implementation and operation of European policies on prevention and combating cybercrime" in the Greece and Slovenia; and "financial crime and financial investigations" in Malta.

USA: Boom foreseen in surveillance technology for private prison and detention companies

"Cristina remembers the first time her ankle monitor talked at her. It spoke in Spanish.

From the surveillance device affixed to her ankle with a rubber medical grade strap came a man’s voice. “The monitor said, ‘you need to report to the ICE official,’” she tells Inverse through a translator, referring to Immigration and Customs Enforcement. “I called the ICE office and said, ‘I’m in court, they scheduled two meetings for the same time.’”

Cristina, who asked to have her last name withheld, was in the middle of an immigration hearing in San Antonio, Texas during this unsettling episode, back in May 2016.

...If her story sounds unbelievable, it shouldn’t. The official website for BI Incorporated, a wholly owned subsidiary of private prison company Geo Group, advertises a GPS monitoring device that allows officers to “send pre-recorded voice messages to offenders through the tracking unit, useful for appointment reminders or to notify an offender upon entering a forbidden zone.”"

See: This Low-Tech Device Is Primed for a Comeback (Inverse, link)

EU: IP addresses: Industry lawyers trying to undermine Internet privacy (Daten-Speicherung.de, link):

"In Breyer vs. Germany (Case C-582/14) the European Court of Justice concluded that the IP address used when browsing the Internet come under the protection of the data protection directive if there are legal means for operators of online services to have offenders prosecuted using their IP address. In consequence Internet content providers such as Google or Facebook may retain an IP address only if they have a legitimate interest in it outweighing the user’s right to privacy. In my opinion there is a prevailing interest in using online media anonymously and without tracking, meaning that a blanket retention of all users IP addresses is illegal (this question is yet to be decided).

Industry lawyers from White&Case are now trying to find a loophole: In an essay they argue that the General Data Protection Regulation sets a different standard when saying:

'To determine whether a natural person is identifiable, account should be taken of all the means reasonably likely to be used, such as singling out, either by the controller or by another person to identify the natural person directly or indirectly.'

They argue that is is unlikely that a random user’s IP address would ever be identified. But this argument is completely misleading."

UK: Heterosexual couple lose civil partnership challenge (BBC News, link):

"A heterosexual couple have lost their Court of Appeal battle to have a civil partnership instead of a marriage.

Rebecca Steinfeld and Charles Keidan, from London, challenged a ruling that said they did not meet the legal requirement of being the same sex.

The judges said there was a potential breach of their human rights, but the government should have more time to decide the future of civil partnership."

UK Govt spends £¾ million on torture cover-up attempt (Reprieve, link):

"The British Government has spent £744,000 in its attempts to ensure a case involving the kidnap and torture of a Libyan dissident and his pregnant wife is never heard in court, documents obtained by Reprieve show – even though the victims have offered to drop the claim in return for an apology."

And see: MI6 chief’s role in abduction of Gaddafi foe Belhaj set to be revealed (The Guardian, link):

"Britain’s role in the seizure and alleged torture of a Libyan opponent of the former dictator Muammar Gaddafi looks set to be exposed after a court decision that will set alarm bells ringing in the intelligence services.

Refugee crisis: latest news from across Europe (21.2.17)

EU: See: Council of the European Union targets Greece and Italy's failure to implement the Schengen acquis and control-return refugee arrivals

Greece: Council implementing Decision setting out a recommendation on addressing the deficiencies identified in the 2016 evaluation of Greece on the application of the Schengen acquis in the field of the Schengen Information System (EU doc no: 6354-17, pdf

• Greece: Council implementing Decision setting out a recommendation on addressing the deficiencies identified in the 2016 evaluation of Greece on the application of the Schengen acquis in the field of management of the external border (EU doc no: 6365-17, pdf)

• Greece: Council implementing Decision setting out a recommendation on addressing the deficiencies identified in the 2016 evaluation of Greece on the application of the Schengen acquis in the field of the common visa policy (6352-17, pdf):

• Italy: Council Implementing Decision setting out a Recommendation on addressing the deficiencies identified in the 2016 evaluation of Italy on the application of the Schengen acquis in the field of return (6538-17, pdf)

• Italy: Council implementing Decision setting out a recommendation on addressing the deficiencies identified in the 2016 evaluation of Italy on the application of the Schengen acquis in the field of management of the external border (EU doc no: 6357-17, pdf)

Malta anger over plans for web crackdown (euobserver, link):

"A draft bill which aims to regulate online news in Malta has worried opposition politicians and added a motive for several thousands of Maltese to take to the streets on Sunday (19 February).

A protest organised by opposition centre-right Nationalist Party was against the government's handling of the Panama Papers scandal, but also against a proposed legislation which opposition leader Simon Busuttil said would be “the beginning of the end of freedom of expression on the internet”.

The draft bill, proposed last week, would update Malta's defamation and libel laws. But its broad definitions have given rise to fear that ordinary citizens would be required to register before being able to express their views online."

Turkey: Statement: BHRC trial observers call on Turkish authorities to ensure the fair trial rights of Taraf journalists (British Human Rights Committee of England and Wales):

"BHRC continues to express grave concern about potential violations of international human rights law, following the second hearing in Istanbul in the ongoing trial of five former journalists from the daily newspaper Taraf."

UK Govt spends £¾ million on torture cover-up attempt (Reprieve, link):

"The British Government has spent £744,000 in its attempts to ensure a case involving the kidnap and torture of a Libyan dissident and his pregnant wife is never heard in court, documents obtained by Reprieve show – even though the victims have offered to drop the claim in return for an apology."

Increase in arms transfers driven by demand in the Middle East and Asia, says SIPRI (link)

"The volume of international transfers of major weapons has grown continuously since 2004 and increased by 8.4 per cent between 2007–11 and 2012–16, according to new data on arms transfers published today by the Stockholm International Peace Research Institute (SIPRI). Notably, transfers of major weapons in 2012–16 reached their highest volume for any five-year period since the end of the cold war.

The flow of arms increased to Asia and Oceania and the Middle East between 2007–11 and 2012–16, while there was a decrease in the flow to Europe, the Americas and Africa. The five biggest exporters—the United States, Russia, China, France and Germany—together accounted for 74 per cent of the total volume of arms exports."

See: Press release (pdf)

How E.U.'s Migration Policy Enables Migrant Smuggling (Real News, link)

Statewatch's Chris Jones says the European Union Border and Coast Guard Agency is less concerned with human rights and far more preoccupied with border control, surveillance and the interception of migrants.

Robots and Brexit: Indicators of the EU’s future? (euractiv, link):

"Many British people voted to leave the EU because they felt like they had been abandoned by the European project. The Union cannot afford to let the same happen when it comes to robotisation, warns Nomi Byström."

Refugee crisis: latest news from across Europe (20.2.17): huge pro-refugee protest in Barcelona; Belgian politicians want to check asylum-seekers' phones; asylum seekers "in distress" in Ireland; and more.

EU-USA: MEPs reassert call for asylum for Edward Snowden following appointment of new CIA chief

At the end of January the US Senate confirmed Mike Pompeo the new as Director of the CIA. Pompeo has said that Edward Snowden should be executed for being a "traitor". His appointment as CIA Director led a group of four MEPs to ask the Council of the EU what steps it will take to "urge" Member States to meet with October 2015 demands from the parliament for Edward Snowden to be given international protection and protected from extradition or rendition "in recognition of his status as whistleblower and international human rights defender."

SPAIN: Massive demonstration in Barcelona in support of migrants and refugees

The organisers of a huge demonstration in Barcelona on Saturday 18 February have said it was the largest protest seen in Europe so far in support of migrants and refugees and estimated that half a million people attended. The police put the number of attendees far lower, at 160,000, but in either case it was the largest protest seen in the city since those against the Iraq war in 2003.

UK: Britain attempts to brand journalists as spies (Al Jazeera, link) by Jim Killock:

"British journalists could be treated as spies, and given up to 14 years in prison for handling state secrets, if proposals by the UK's Law Commission become law.

In 2015, the Commission, whose remit is to review and recommend reforms to UK legislation, was asked to examine laws relating to official data. Its recommendations, published last week, suggest the definition of the offence of espionage is changed so that it is "capable of being committed by someone who not only communicates information, but also by someone who obtains or gathers information" (PDF).

It would also lift restrictions on who can commit espionage. They would no longer have to be employees of the state, but could include journalists, NGOs or whistle-blowers, who wouldn't be able to use a public interest defence to protect themselves.

We don't have to look further than the 2013 Snowden leaks to understand the implications of the proposed changes - in fact they can be seen as a direct attack on the newspaper that broke the story."

BELGIUM: Face recognition on new motorway cameras? (Expatica, link):

"New smart cameras that are being introduced on roads across Belgium in coming years will be able to do a lot more than just recognise number plates.

According to the weekly Knack the cameras will take photos of the entire vehicle and will be able to see who is in the vehicle. The tender drawn up by the federal police also calls for face recognition.

The federal government decided last year to introduce some 1,000 ANPR (automatic number plate recognition) cameras along the motorways. The cameras are already in use at several border crossings and at the airports of Zaventem and Charleroi. Other airports are to follow soon. The cameras are intended to heighten road safety but will also be used in the fight against terrorism and organised crime."

BELGIUM: Draft Law Calls for Deporting Foreigners Born in Belgium (Morocco World News, link):

"On Thursday, a draft law against terrorism was adopted by the Belgian Chamber of Representatives. One of its chapters is sparking controversy, as it provides for the possibility of deporting foreigners born in Belgium or arriving before the age of twelve.

Belgian newspaper, Le Soir, reported that the Chamber approved two bills on Thursday setting up a new framework for the deportation of foreigners who are legal Belgium residents. This bill, which worries a majority of the opposition, was issued by the Government for the sake of the protection of public order and national security."

And see: Belgium: Counter-terrorism Law Allows Deportation of Belgians & foreigners, Moroccans in Target (The North Africa Post, link)

EU-USA: Remarks by President Donald Tusk after his meeting with Vice President of the United States Mike Pence (pdf):

"Today I heard words which are promising for the future, words which explain a lot about the approach of the new administration in Washington. I repaid our guest by offering honesty in my assessment of the situation; I shared our concerns and hopes. Given that I am an incurably pro-American European who is fanatically devoted to transatlantic cooperation, I could afford to be outspoken even more.

I asked the Vice President directly if he shared my opinions on three key matters: the international order, security and the attitude of the new American administration towards the European Union...

...In reply to these three matters, I heard today from Vice President Pence three times "yes"! After such a positive declaration, both Europeans and Americans must simply practise what they preach."

UK: One Day Without Us: National Day of Action (link)

"1 Day Without Us is a National Day of Action on 20th Feb 2017 to celebrate the contribution of migrants to the UK, to coincide with UN World Day of Social Justice.

For 24 hours, we are inviting migrants from inside and outside the European Union, and everyone who supports them, to celebrate the contribution that migrants make.

Some may choose to do this symbolically, by wearing badges and lanyards, posting selfies or pictures that show your support, or putting posters in their windows. Some may wish to have a communal meal or a party with the migrants they have known as friends, colleagues, workmates and neighbours. Workers may take a five-minute silence or a mini-rally at lunchtime or tea-time. There are also those who may wish to highlight migrant contributions to the UK in more direct ways.

There are many ways that you can take part in this day. Do what you feel able to do and what you feel is most appropriate to your situation.

Whatever your nationality and place of origin; wherever you live and work, join us and make February 20 a day of protest, solidarity and celebration."

UK: Judicial review and human rights challenge launched against HM Coroner's refusal to open an inquest into the death of David Clapson (Leigh Day, link):

"The sister of David Clapson, a 59-year-old ex-soldier who died in 2013 after he was ‘sanctioned’ by the Department for Work and Pensions (DWP), has issued a judicial review and human rights claim in the High Court, challenging the refusal by the Senior Coroner for Hertfordshire to hold an inquest into her brother’s death.

Mr Clapson, an insulin dependent Diabetic, was found dead in his home on 20 July 2013. His benefits had been stopped by DWP staff who knew that he suffered from diabetes. It appears that at the time of his death David had been unable to pay for electricity as he had been rendered destitute by the sanction. His insulin could not be refrigerated due to the absence of electricity, and he had no food available to feed himself. In effect, Mr. Clapson starved to death and died because he could not feed himself or refrigerate his insulin without access to State benefits.
"

UK: Fractured Childhoods: The Separation of Families by Immigration Detention (Border Criminologies, link):

"Fighting an immigration case – with the power of the state against you – has never been simple. Yet successive government reforms have been directed at making that task even more challenging. The right to a family and private life is enshrined within the European Convention of Human Rights under Article 8. But UK governments have sought – with some success – to erode that right by imposing increasingly harsh – `hostile’, in the words of then Home Secretary Theresa May – conditions on immigrants. The removal of publicly-funded legal aid for deportation cases in 2012 under the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act has significantly affected foreign nationals fighting to maintain their family and private life in the UK.

...The ace in the government's hand, however, is access to justice. Much of the legal aid that was previously available for immigration cases has been cut. This means that few families facing separation because of deportation are able to access any legal advice or representation that would allow them to put forward their case."

UK: New Independent Reviewer of Terrorism Legislation appointed (gov.uk, link):

"The Home Secretary has appointed Max Hill QC as the government’s new Independent Reviewer of Terrorism Legislation.

Mr Hill has been a QC for 9 years and has extensive experience both defending and prosecuting complex cases involving terrorism, homicide, violent crime, high value fraud and corporate crime. He successfully prosecuted the 21/7 bombers, and appeared in the inquest into the 7/7 bombings. Mr Hill takes over the role from David Anderson QC, who has held the post since 2011."

POLAND: The Ever-expanding National Security State in Europe: the Case of Poland (FREE Group, link):

"Up to now, France is the only EU Member State to have formally declared a state of emergency on national security grounds for terrorism-related acts on the last couple of years. However, other Member States have passed laws in fast-track processes and engaged in operations in response to real or perceived security threats. A clear example comes from Austria and Hungary, which have recently invoked the threat of terrorism in the context of the refugee crisis with profoundly negative impact on the right to seek and enjoy asylum in Europe.

One of the countries which is currently attracting the attention of several NGOs working in the field of human rights protection is Poland. Several cases of human rights violations as well as dismantlement of the rule of law have been reported since the Law and Justice (Prawo i Sprawiedliwosc) party came to power in October 2015.

In June 2016, Poland enacted a new Counter-terrorism Law following a fast-track legislative process. This law consolidates sweeping powers in the hands of the Internal Security Agency (ISA) and, combined with other recent legislative amendments, it creates conditions for violations of the rights to liberty, privacy, fair trial, expression, peaceful assembly and non-discrimination."

AUSTRIA: Proposed surveillance package in Austria sparks resistance (EDRi, link):

"The Austrian coalition parties have renegotiated their government programme in January 2017. This new programme contains a so-called “security package” that encompasses the introduction of several new surveillance measures and additional powers for the Austrian security agencies. These changes in the law are to be implemented by June 2017.

However, so far no evaluation of already existing surveillance measures and investigatory powers has been carried out. Furthermore, it is doubtful that the new measures will bring about an increase in security, whereas they will severely limit fundamental right to privacy and dial back on existing data protection measures."

UK: Neo-Nazi pipe bomb teenager given rehabilitation order (BBC News, link):

"A neo-Nazi teenager who made a home-made pipe bomb has been sentenced to a three-year youth rehabilitation order.

The 17-year-old from Bradford, who cannot be named, was also ordered to receive intensive counselling from a deradicalisation expert.

The teenager had been convicted of making the pipe bomb at Leeds Crown Court in January.

During his trial it emerged he was a member of the "secretive neo-Nazi" group National Action.

The boy, who praised the killer of MP Jo Cox, was arrested after he put a photo of the pipe bomb online.

Last month he was found guilty of making explosives but acquitted of the preparation of terrorist acts."

NETHERLANDS: Dutch Parliament: Safety net for democratic freedoms or sleepnet? (EDRi, link):

"Currently, Dutch parliament is doing everything they can to get a dragnet surveillance bill approved before the elections on 15 March 2017. If they succeed, soon the online communications of Dutch citizens can, on a massive scale, get caught up in the secret services’ dragnet. So what’s happened since the last time we reported to you on this subject?

In September 2016, Rob Bertholee, head of the General Intelligence and Security Service of the Netherlands (AIVD) gave a notorious interview, in which he stated that he was fed up with discussions about privacy. A month later, and despite a serious backlash, Minister Ronald Plasterk decided to advance his plans to carry out bulk interception of innocent citizens’ communications: he sent the definitive dragnet bill for the new Intelligence and Security Services Act to the House of Representatives."

Privacy is Power - Why the fight for privacy matters (Standard Journal, link):

"But privacy isn’t just about you or me, and what immediate returns we may see on our investment. It’s about the future of power. Of ensuring a system of checks and balances between ourselves and our governments and other large entities. There is a reason the information we produce is so cherished by these entities, and they will fight till the end to make sure our information is in their control. And because these entities are already so much more powerful than the collective privacy conscious, self-doubt and defeat is a reoccurring event.

Battles may be lost, but never doubt the significance of this cause. A paranoia is in the air, like the paranoia of 1776. Don’t ignore it. Don’t believe it isn’t real. Don’t believe it’s not important.

You are creating a better future for the people of 2217."

Italy curtails appeal rights and expands rebranded detention centres (ECRE, link):

"On 10 February, the Italian Council of Ministers adopted a law that foresees the acceleration of asylum procedures and returns, following heavily criticised plans set out in the second half of 2016. The Decree Law is only provisionally binding until it is voted on in the Parliament.

The new law creates specialised immigration chambers to hear asylum appeals. These chambers are established in 14 courts (Bari, Bologna, Brescia, Cagliari, Catania, Catanzaro, Florence, Lecce, Milan, Palermo, Rome, Naples, Torino and Venice), and are competent to decide on asylum appeal cases under a single judge. The reform also limits the possibility to be heard in such appeals: asylum appeal procedures are to be accelerated, as a decision by the specialised chamber must be taken within four months instead of six, and the decision can no longer be appealed to the Court of Appeal."

NETHERLANDS: Far-right leader Geert Wilders calls Moroccan migrants ‘scum’ (The Guardian, link):

"The Dutch populist leader Geert Wilders sparked outrage on Saturday when he launched his election campaign with a stinging attack on the country’s Moroccan population. The anti-immigration MP called them “scum” and said he wanted to make the Netherlands “ours again”.

Wilders, 53, was surrounded by police and security guards when he made his remarks during a walkabout in his party’s stronghold of Spijkenisse, part of an ethnically diverse industrial area just south of Rotterdam.

“The Moroccan scum in Holland … once again not all are scum … but there is a lot of Moroccan scum in Holland who make the streets unsafe, mostly young people ... and that should change,” he told journalists as he attempted to take a stroll in a market."

EU-UK: BREXIT: An Independent Scotland and the EU: What Route to Membership? (European Futures, link):

"In the event of independence, how might Scotland pursue EU membership? Kirsty Hughes and Tobias Lock explore the principal options, arguing that ensuring Scotland’s continuity with EU laws and policy would ultimately be more important than attempting to secure a fast-tracked route to membership, which would be completed in any case after Brexit."

BELGIUM-EU: ECJ to rule on humanitarian visas on March 7th (The Brussels Times, link):

"The European Court of Justice (ECJ) will rule in the Belgian case regarding visas for a Syrian family on Tuesday March 7th.

...This is a high profile case, relating to a family of four who wish to seek asylum in Belgium by means of a humanitarian visa initally requested from the Belgian embassy in Beirut (in the Lebanon).

Theo Francken is refusing to issue the humanitarian visa, despite several court judgments on penalties in such cases. The CCE is requesting that the Court rule on how the Visa Code should be interpreted.

On February 7th, the Advocate General, Paolo Mengozzi, opposed the Secretary of State's reasoning. Mr Mengozzi maintains the following. Member states should issue a visa “when there are substantial grounds for believing that refusing it will risk those seeking international protection being subject to torture or inhumane or degrading treatment.”"

See: ECJ press release: According to Advocate General Mengozzi, Members States must issue a visa on humanitarian grounds where substantial grounds have been shown for believing that a refusal would place persons seeking international protection at risk of torture or inhuman or degrading treatment (pdf)

In a seperate but related story, four Member States (Austria, France, Slovakia and the Czech Republic) recently demanded that it be made clear, in negotiations with the European Parliament on the EU's Visa Code, that the EP's demands for humanitarian visas were a "red line" that the Council would not cross. The minutes record that: "The Chair took note of the comments and said that the Presidency would inform delegations on further contacts with the EP." See: Visa Working Party: Summary of discussions on 17 January 2017 (5668/17, pdf)

UK: MI6 chief’s role in abduction of Gaddafi foe Belhaj set to be revealed (The Guardian, link):

"Britain’s role in the seizure and alleged torture of a Libyan opponent of the former dictator Muammar Gaddafi looks set to be exposed after a court decision that will set alarm bells ringing in the intelligence services.

The high court has said that it will hear an application for a judicial review of the Crown Prosecution Service’s decision not to charge MI6’s former counterterrorism director, Sir Mark Allen, over the abduction of Abdel Hakim Belhaj and his pregnant wife who were transferred to Libya in a joint CIA-MI6 operation in 2004.

The decision means Belhaj’s legal team can apply for confidential documents about MI6’s part in the rendition of Belhaj to be shown to the court, a move that could embarrass the CPS."

See: High Court to review CPS decision in Libyan renditions case (Reprieve, link):

"The CPS took two years to decide that it would not charge the lead suspect, ex-MI6 counter-terror director Sir Mark Allen, due to ‘insufficient evidence’. The CPS did however find that Sir Mark was involved in the renditions and had “sought political authority for some of his actions.”

The decision was taken despite London’s Metropolitan Police providing a file of over 28,000 pages of evidence. The Mayor of London Sadiq Khan has since confirmed that the Met sought “to demonstrate that the conduct of a British official amounted to misconduct in public office.”"

Refugee crisis: France-Germany Note - mass expulsion to subsistence conditions

- The "return of asylum seekers (without an assessment on the merits) in order to discourage illegal, smuggler-driven migration"

-
Professor Steve Peers, University of Essex comments:

"the plan is that (implicitly) all those entering the EU would be removed to non-EU countries willing to host them, and kept there in conditions which minimally guarantee their survival

Overall, the drafters of this proposal have made no serious attempts to think through its feasibility; and while they make a show of support for human rights principles, their plan demonstrates an underlying contempt for them.".

Refugee crisis: latest news from across Europe (18-19.2.17)

Germany bans doll for being 'hidden spying device' (The Local.de, link):

" German regulators have banned an internet-connected doll called "My Friend Cayla" that can chat with children, warning Friday that it was a de facto "hidden spying device".

Parents were urged to disable the interactive toy by the Federal Network Agency which enforces bans on surveillance devices.

"Items that conceal cameras or microphones and that are capable of transmitting a signal, and therefore can transmit data without detection, compromise people's privacy," said its head, Jochen Homann."

UK Snoopers' Charter gagging order drafted for London Internet Exchange directors - Rushed proposal opens rift in internet giants' club (The Register, link):

"London Internet Exchange (LINX) – Europe's major internet traffic hub – faces a growing backlash over changes to its rules that would gag its directors applying secret government orders to monitor networks, under Britain's Investigatory Powers Act.

LINX members – hundreds of internet companies – have been given less than two weeks' warning of an effect of a proposed new LINX constitution (called "memorandum and articles") that would allow secret surveillance orders or requests to be implemented without members' knowledge.!

Trump’s clash with U.S. spy agencies spooks intelligence allies abroad (Washington Post, link):

"European and Middle Eastern agencies that have information-sharing relationships with the U.S., already wary of the Trump team’s perceived closeness to Russian officials, are now watching with increased trepidation as a vicious fight boils over in Washington over intelligence leaks surrounding the Flynn case, current and former officials told The Washington Times on Wednesday.

“Our foreign partners are deeply alarmed and unsettled by what they’re seeing in Washington,” said one senior Republican national security source, who spoke on the condition of anonymity."

And see: United States asked Canada to help spy on candidates during 2012 French election: WikiLeaks (National Post. link)

Refugee crisis: latest news from across Europe (15-17-.2.17): Italy woos Libyan mayors; Tunisia to take intercepted migrants; secret EU report on Libyan state structures; French-Italian "migrant hunt" on trains, and more.

EU-TUNISIA: Report: Tunisia to receive intercepted migrants, process asylum claims on EU's behalf

According to a report in Italian newspaper Il Corriere della Sera, Italy is close to signing, with the support of the European Commission, a deal with Tunisia that would see the North African country agree to receive migrants of any nationality who departed from Libya by boat and were intercepted in extraterritorial waters by missions from Italy or other European states. Currently, in line with international law, people should be disembarked in the territory of the flag state of the ship that rescues them.

CYPRUS-UK: Council of Europe anti-torture Committee visits the United Kingdom Sovereign Base Areas on Cyprus (CPT, link):

"A delegation of the Council of Europe's Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) carried out, for the first time, a visit to the United Kingdom Sovereign Base Areas (SBA) of Akrotiri (Western Sovereign Base Area) and Dhekelia (Eastern Sovereign Base Area) on Cyprus from 9 to 11 February 2017.

The visit provided an opportunity to examine the treatment and safeguards in place for persons deprived of their liberty by the SBA Police and the British Forces Cyprus and to assess the conditions of detention and treatment of persons held in Dhekelia Prison. The CPT’s delegation also briefly assessed the situation and existing safeguards for migrants held within the SBA."

EU: New anti-terrorism powers passed by European Parliament

The European Parliament voted on Thursday 15 February to approve the controversial new Directive on combating terrorism, as well as amendments to the Schengen Borders Code that will mean all EU citizens now have to be checked against the Schengen Information System, Interpol's Lost and Stolen Travel Documents database, and "other relevant databases" whenever they enter or exit the Schengen area.

Workplace surveillance: Your Cubicle Has Ears—and Eyes, and a Brain (MIT Technology Review, link):

"Employers have long wanted to know how their workers spend their time. New office surveillance technology is now making the task far easier.

Bloomberg reports that an increasing number of companies are outfitting offices with sensors to keep track of employees. These sensors are hidden in lights, on walls, under desks—anywhere that allows them to measure things like where people are and how much they are talking or moving.

The raw data is just the beginning. New Scientist recently reported that a startup called StatusToday uses software to crunch information on everything from key card swipes to what applications people are using on their computers to understand how employees—and the business as a whole—operate."

NATO: Juncker calls on Europe to reject the US ultimatum on defense expenditure (New Europe, link):

"European Commission President Jean-Claude Juncker responded to US Defense Secretary’s ultimatum on Thursday by calling on Europe not to increase military expenditure.

Addressing the annual Munich Security Conference, the President of the European Commission reacted to the ultimatum presented by US Defense Secretary Mattis on Wednesday, who called for more military spending.

“It has been the American message for many, many years {to increase expenditure}. I am very much against letting ourselves be pushed into this,” Juncker said, noting that Germany would not have a budget surplus if Berlin did reach 2% military expenditure.

President Juncker stated that foreign aid should be seen as part of the security spending equation, specifying that “if you look at what Europe is doing in defense, plus development aid, plus humanitarian aid, the comparison with the United States looks rather different.”"

See also: Defense Secretary Mattis Tells NATO Allies to Spend More, or Else (New York Times, link) and: Military spending by NATO members (The Economist, link): "Does America contribute more than its fair share?"

UK: Metropolitan Police seek to limit scope of Undercover Police Inquiry

"Scotland Yard is pressing to change the scope of a judge-led public inquiry which is examining the controversial activities of undercover officers who infiltrated hundreds of political groups.

Lord Justice Pitchford, the senior judge heading the inquiry, wants to ask for evidence from all the undercover officers who are still alive, as he is not confident that all the documents relating to their covert operations still exist.

But the Metropolitan Police is arguing that the inquiry may not need to examine the conduct of every undercover officer in great detail."

See: Met presses undercover police inquiry to examine fewer officers (The Guardian, link); see also: Police Try To Water Down Spying Probe (Morning Star, link)

See: Undercover Policing Inquiry (Pitchford Inquiry) documentation: Application for an extension of time by the Metropolitan Police Service (pdf) and PRESS NOTICE: Inquiry Announces Hearing 5 April 2017 (pdf)

UK-GERMANY: Tasers: black and mixed-race Londoners disproportionately targeted; Berlin police to be armed with electroshock weapons

"Black and mixed-race people in London have been on the receiving end of more than 40% of police Taser use since 2014, despite accounting for less than one in six of the capital’s residents, the Guardian can reveal.

Figures obtained by a freedom of information (FoI) request show police are disproportionately targeting people of black or mixed white and black ethnicity with the electric stun guns, raising fresh concerns of racism in the force.

Between January 2014 and September 2016, 1,530 of a total of 3,815 cases – 40.1% – where police drew, aimed or fired Tasers involved people of black or mixed white and black ethnicities. According to the 2011 census, people from those groups comprise 15.6% of London’s population."

See: Black and mixed race people in London more likely to be Tasered (The Guardian, link)

And: Berlin police introduces electroshock weapons for patrolling officers (Mattias Monroy, link):

"In the future, Berlin police officers will carry taser guns when patrolling the districts of Mitte and Kreuzberg. After a test phase of three years, these weapons could be introduced across the board."

See also: UK: More powerful two-shot TASER set to be handed to Cambridgeshire police (Cambridge News, link)

ITALY-FRANCE: "Migrant hunt" on trains between Italy and France violates the law and human rights

What is legal in the push-backs carried out directly on trains by French police? "Basically nothing," says ASGI lawyer Anna Brambilla, who has long been following the situation at the French-Italian border: "The problem is a very complex one, and there are many violations."

EU: Half of former EU commissioners now work as lobbyists (European Post, link):

"A recent Transparency International report shows that 50% of former EU commissioners are currently working for lobbying companies.José Manuel Barroso left the Commission to work as chairman of Goldman Sachs, a few months ago, provoking widespread criticism.

About 30% of former MEPs switched their main working activity from politics to lobbying."

EU: Diagram of databases and information exchange networks for justice and home affairs

As negotiations on new databases and information systems continue - for example the Entry/Exit System and the European System for Travel Authorisation - and as the Commission's 'High Level Expert Group on Information Systems and Interoperability' discusses the interconnection of existing systems, "the General Secretariat of the Council has made an attempt to map the existing (and some future) information exchange instruments, networks and databases in the JHA field."

See: Overview of the information exchange environment in the justice and home affairs area (6253/17 pdf)

EU-UK: BREXIT: Problems loom in Article 50 negotiations over Northern Ireland and Scotland

"Brexit is the most "dangerous thing for Northern Ireland since partition", the leader of the SDLP has warned.

Colum Eastwood told a UTV pre-election debate that any attempts to introduce a hard border between Northern Ireland and the Republic would be "economically and politically damaging"."

See: Brexit the most dangerous thing for Northern Ireland since partition, says Colum Eastwood (Belfast Telegraph, link)

And:

"BRUSSELS is ready to do a separate Brexit deal with Scotland, according to leaked European Parliament negotiating documents.

In a confidential report, seen by The National, senior EU figures say they’re ready to explore how to make the Scottish Government’s proposals for a differential Norwegian style post-Brexit model work.

The only stumbling block for Scotland’s future relationship with Europe is Prime Minister Theresa May."

See: Europe is willing to consider a special deal to keep Scotland in the single market, leaked report shows (The National, link)

USA: I’ll never bring my phone on an international flight again. Neither should you. (freeCodeCamp, link) by Quincy Larson:

"A few months ago I wrote about how you can encrypt your entire life in less than an hour. Well, all the security in the world can’t save you if someone has physical possession of your phone or laptop, and can intimidate you into giving up your password.

And a few weeks ago, that’s precisely what happened to a US citizen returning home from abroad.

...What we’re seeing now is that anyone can be grabbed on their way through customs and forced to hand over the full contents of their digital life."

EU: Meijers Committee: requirements for meaningful democratic scrutiny of Europol

Europol's new legal basis (Regulation 2016/794) will come into force on 1 May 2017. A new note from the Meijers Committee of experts in international immigration, refugee and criminal law examines some requirements for meaningful and effective parliamentary scrutiny of Europol, required under Article 51 of the new Regulation.

"The implementation of Article 51 into practice is currently debated, e.g. in the interparliamentary committee of the European Parliament and national parliaments.1 As specified by Article 51 (1) of the Europol regulation, the organisation and the rules of procedure of the JPSG [Joint Parliamentary Scrutiny Group] shall be determined.

The Meijers Committee wishes to engage in this debate and makes, in this note, recommendations on the organisation and rules of procedure."

See: Meijers Committee: Note on the interparliamentary scrutiny of Europol (pdf)

UK: Large or Small, Why Protests Still Matter (Netpol, link)

"...whether future protests are large or small, symbolic or more confrontational, it is essential we collectively reassert that the police have no absolutely business making what are always political judgments about their legitimacy.

That is why we are calling for an end to the labelling of political dissent as ‘domestic extremism’. This highly politicised vilification of campaigners, one that the police and the government have found impossible to legally define, is used simply to provide a justification for targeting a particular cause for increased surveillance.

Even if protesting is temporarily disruptive, or if organisers fail to provide advance notice, or if it leads to arrests, it is still a fundamental right, one that has been instrumental to every significant example of political progress and social change anywhere in the world.

Unsurprisingly, all those who label protesters as ‘extremists’ have found themselves, almost always, on entirely the wrong side of history."

EU-LIBYA: Mission impossible? Secret EU report makes clear problems in rebuilding Libyan state

With the EU committed to halting cross-Mediterranean irregular migration, a recent classified report produced by the EU's Border Assistance Mission (EUBAM) Libya makes clear the difficulties that lie ahead in attempting to establish functioning state institutions in the country, including those willing to comply with European demands for "integrated border management".

See: EUBAM Libya Initial Mapping Report Executive Summary (25 January 2017, 5616/17, EU RESTRICTED, pdf)

Press release: EU border agency targeted "isolated or mistreated" individuals for questioning

Statewatch press release, 16 February 2017. Also available as a pdf

Guidelines produced for border guards participating in an EU joint operation instruct the targeting of "migrants from minority ethnic groups, and individuals who may have been isolated or mistreated during their journey, as such people are often more willing to talk about their experiences."

Written by the EU's border agency, Frontex, the guidelines on the "debriefing of migrants for intelligence purposes" were attached to the 2012 plan for Operation Hera, a Frontex-coordinated joint operation that was launched in 2006 to halt irregular migration by sea from north-west Africa to the Canary Islands.

Debriefing officers were recommended to seek out potential interviewees as soon as possible after arrival: “Once arriving migrants integrate with others in the camp, there is a tendency for them to become more reluctant to cooperate.”

There are no instructions what to do regarding any possible need for medical attention, fundamental rights or legal information for any subsequent claims for protection.

The guidelines are one of many annexes to the Operational Plan 2012 for Operation Hera, which Statewatch has made available here (pdf) with the majority of the censored parts removed. The guidelines have also been reproduced in a more easily-readable format.

See also: Statewatch Analysis: Opaque and unaccountable: Frontex Operation Hera (pdf)

European Parliament Study: Referendums on EU matters (pdf):

"It argues that we have entered a period of increasing political uncertainty with regard to the European project and that this new political configuration will both affect and be affected by the politics of EU-related referendums. Such referendums have long been a risky endeavour and this has been accentuated in the wake of the Great Recession with its negative ramifications for public opinion in the European Union."

EU: European Data Protection Supervisor (EDPS): Priorities for providing advice in 2017: The implementation of our advisory role to the EU legislator (pdf):

"We have identified three areas of strategic importance for this year:

• Ensuring the protection of confidentiality and privacy in electronic communications, in particular in the context of the ongoing review of the ePrivacy Directive 2002/58/EC

• Contributing to a Security Union and stronger borders based on respect for fundamental rights, including the proposals on ETIAS, the revision of SISII and ECRIS, as well as the issue of interoperability between these systems.

• Towards a new legal framework for the EDPS: the proposal for a new Regulation on data protection EU institutions, bodies, offices and agencies."

And see: Annex (pdf)

Amnesty International: EU-Turkey "deal": A Blueprint for despair: Human Rights impact of the EU-Turkey deal (pdf):

"The dramatic scenes that saw a million refugees and migrants cross the continent prompted a backlash that continues to echo resoundingly, prompting a raft of measures increasingly focused on blocking future arrivals. Solidarity between EU member states and solidarity with a record global number of refugees has been in short supply."

European Parliament debates on binding anti-terrorism measures (New Europe, link):

"The proposals have already taken the national ministers approval the European Council’s trilogue procedure and await their final ratification by the European legislators."

See Statewatch: Directive on combating terrorism (link)

 Video shows Libyan coastguard whipping rescued migrants (The Times, link):

"Libyan coastguard officers have been accused of regularly whipping and beating the migrants they rescue, and threatening even to kill them — and the claims are backed up by video footage shown to The Times.

It shows heavily armed men in military fatigues repeatedly assaulting the migrants they have fished out of the Mediterranean near Sabratha, west Libya. Dozens of sub-Saharan Africans, including women and children, can be seen cowering in the flimsy boats they set sail in as they are lashed with plastic pipes, kicked in the face and screamed at."

EU: Frontex wants "human intelligence" sources, Europol wants "integrated fingerprints and face recognition searches"

EU agencies Frontex (dealing with border control and returns) and Europol (dealing with police cooperation) have published documents setting out their plans for the coming years. The Frontex 'Programming Document' covers the period 2018-20 and includes a proposal to develop "human intelligence" (HUMINT) sources; Europol's equivalent covers 2017-19, including the agency's work programme for 2017, and states an intention to "deliver feasibility analysis on a concept of integrated fingerprints and face recognition searches."

Hungary hits snags with squad to stop migrants (BBC News, link):

"A new police unit in Hungary, launched to reinforce patrols along the 175km (110-mile) border fence with Serbia, is struggling to find suitable candidates despite a massive recruitment drive.

Many fail the psychology test, one of several designed to weed out inappropriate applicants.

Several YouTube videos with a recruitment theme have disabled all comments. Where comments are still possible, one failed applicant complained that visible tattoos were a criterion for rejection.

Xenophobia is at record levels in Hungary, after two years of anti-migrant rhetoric from the conservative Fidesz government.

Work is continuing on a second, electronic fence parallel to the first, designed to prevent illegal entry. Hungary now accepts only 10 applicants for asylum a day from Serbia, where up to 7,000 asylum seekers are waiting for the chance to move on to western Europe."

Council of Europe: Anti-torture committee visits Cyprus and Albania

The Council of Europe's Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) has recently concluded visits to Cyprus and Albania (Council of Europe, links).

EU: The time has come to complain about the Terrorism Directive (EDRi, link):

"Nearly a year has passed since we told that you’d be now complaining about the Terrorism Directive. On 16 February, Members of the European Parliament (MEPs) will vote on the draft Terrorism Directive. EU policy-makers have meaningfully addressed only very few of the concerns that EDRi and other NGOs have raised since the beginning of the EU legislative process."

And see: Terrorism Directive: Parliamentary committee confirms legal basis as vote on new counter-terror law looms (Statewatch News Online)

UK: Police pay out at least £22m to informants in five years (BBC News, link):

"Police forces across the UK paid out at least £22m to informants over the last five years, according to figures obtained by BBC Radio 5 live.

The Met, the largest force, topped the list, spending £5.2m from 2011-16, the data showed.

One critic said it did not stop the "cycle of crime", however, the National Police Chiefs' Council said it was "a cost effective tactic".

A Home Office spokesman said it was "an operational matter for police".

Informants can get anything from a few pounds for basic information, up to several thousand pounds for helping break up organised crime."

UK: Hate crimes rise by up to 100 per cent across England and Wales, figures reveal (The Independent, link):

"The number of hate crimes recorded by regional police forces rose by up to 100 per cent in the months following the Brexit vote, new figures show.

Dorset saw the greatest increase, with the 104 offences logged between July and September 2016 equating to double the total from April to June. Across England and Wales the rise was 27 per cent.

In total, 10 force areas saw rises of 50 per cent or more. Below we publish the full list."

IRELAND: Access to a lawyer: is Ireland turning back the clock? (Fair Trials, link):

"For the last three years, suspects detained by the Gardai (Irish police) for questioning about an offence have enjoyed the entitlement, or so it seemed, to have their solicitor present at all times during their interrogation. This stemmed from the seemingly inexorable tide of European, and UK, cases, in particular those of Salduz and Cadder, and an apparent concession by the Irish state that the presence of a lawyer during questioning was an international best practice norm, even if, as a matter of Irish law, the opposite was the position.

(...)

However on January 18th 2017, a potential bombshell landed. In the case of DPP v Barry Doyle, an appeal against conviction for murder, the Supreme Court, in the person of Judge Charleton with support from Chief Justice Denham, ruled clearly that suspects are not entitled to representation during interviews... His judgement is clear and unambiguous, and has been met with a stunned silence from the authorities. So far, there has been no recorded instance of a suspect being refused the presence of his solicitor despite this clear expression of the law."

See: the judgment: The People (at the suit of the Director of Public Prosecutions) v Barry Doyle (Appeal No. 40/2015, pdf):

"17. The constitutional right is a right of access to a lawyer. The right is one of access to a lawyer, not of the presence of a lawyer during an interview."

And: Supreme Court information note (pdf)

EU: Declassified Council reports on cybercrime (Czech Republic, Hungary Poland) and financial crime (Ireland)

The Council of the EU has recently declassified a number of reports setting out the findings of evaluations on "the practical implementation and operation of European policies on prevention and combating cybercrime" in the Czech Republic, Hungary and Poland; and "financial crime and financial investigations" in Ireland.

UK: Zombies At The Royal Wedding? Protester Arrests And The Right To Liberty (RightsInfo, link):

"On the day of the Royal Wedding in April 2011, police arrested several people in central London, some who were dressed as zombies.

The police thought they might try to disrupt the wedding causing a ‘breach of the peace’. However, after taking their appeal all the way to the Supreme Court the case was dismissed, the judges concluding that the police must be able to reasonably perform their duties.

(...)

The Supreme Court decided, in this case, to throw out the appeal. While they acknowledged people should be protected from arbitrary detention, they said this shouldn’t make it “impractical” for the police to do their job.

The judges added that police would be “severely hampered” if they couldn’t lawfully arrest and detain a person for a “relatively short time” (this means when the time is far too short to take anyone to court). The Court concluded that early release from detention for preventive purpose would not breach the right to liberty if the lawfulness of the detention could be challenged later and decided on by a court."

See: the judgment: R (on the application of Hicks and others) (Appellants) v Commissioner of Police for the Metropolis (Respondent) ([2017] UKSC 9, pdf) and Supreme Court press summary (pdf)

Background: Arrests, raids and wedding parades (Statewatch Journal, vol 21 no 2, April-June 2011)

Refugee crisis: latest news from across Europe (14.2.17)

Statewatch Analysis: Opaque and unaccountable: Frontex Operation Hera (pdf) by Vera Wriedt and Darius Reinhardt (European Center for Constitutional and Human Rights, ECCHR):

Operation Hera is coordinated by the EU’s external border agency Frontex and aims to stop migration along the maritime route from West Africa to the Spanish Canary Islands. According to Frontex, the operation has been a success: the scale of unauthorised maritime crossings along this route was reduced from five-digit to three-digit numbers. The European Center for Constitutional and Human Rights (ECCHR) focused on Operation Hera, seeking to increase transparency about border enforcement operations and to reduce the agency’s unaccountability for human rights violations.

Frontex’s approach to transparency and accountability is evinced again in section 12.10 of the Handbook to the Operational Plan entitled "List of potential fundamental rights violations within Frontex activities". The whole section (including the headline) is completely redacted and could only be uncovered because the index lists the section. The argument that the publication of this section would affect public security seems particularly inappropriate in the context of human rights violations.

In conclusion, the partial concealment of border enforcement procedures underlines the inherent structural accountability and transparency deficits of Frontex specifically and EU agencies in general. Frontex redacted significant parts of the documents provided, including information on potential human rights violations. The provided documents do not give information on the methodologies of the operation in order to ascertain whether Frontex and the involved member states violate national, European and international human rights provisions.

EU -UK: Justice and Home Affairs after Brexit

European Parliament's Civil Liberties Committee (LIBE): Briefing Note for the Committee: Contribution on the UK withdrawal from the EU (Brexit) (pdf):

Overall the UK has already indicated in statements to the House of Commons and this Briefing says:

"The UK Government has already made it clear that strong security cooperation with the European Union will be one of its four overarching objectives in forthcoming negotiations3. In that respect, the area of Justice, Home Affairs will be a key component of both the withdrawal agreement and the future EU-UK relationship agreement."

It could be that that in the fields of Justice and Home Affairs cooperation, criminal law and operations and counter terrorism, plus areas of internal and external security special provisions will be made for the UK's continued participation.

See also:

Home Office: The UK’s cooperation with the EU on justice and home affairs, and on foreign policy and security issues (pdf)
House of Lords Select Committee report:
Brexit: future UK-EU security and police cooperation (pdf)

And see: View of the EP Legal Affairs Commitee (pdf)

European Parliament Study: Counter-terrorism cooperation with the Southern Neighbourhood (pdf):

"Since the EU adopted its Counter-Terrorism Strategy in 2005, it has focused on forging closer ties with third countries in the fight against terrorism. Cooperation with the Southern Neighbourhood in this field is particularly important. Every single country within this region is affected by terrorism to different degrees and terrorist attacks on European soil are increasingly linked with the Middle East and North Africa."

Europol chief calls for more online powers for police (France 24, link):

"Rob Wainwright, Director of Europol, sat down with FRANCE 24 in The Hague. He says that unfortunately there will "probably" be further terrorist attacks in Europe. He points out that a number of planned attacks have been stopped in time over the past two years and says the sharing of information between EU countries has improved "tenfold" since 2015.

The UK is one of the more active members in terms of sharing and participating in Europol actions. But it is set to leave the EU, which means it will no longer be a full member of Europol either. Europol does, however, have agreements with non-EU members, so Wainwright expects the UK to have "some kind of associate membership".

UK: No 10: Official Secrets Act proposals 'project of previous prime minister' - Downing Street vehemently denies claims it plans to outlaw investigative journalism and public interest whistleblowers (Guardian, link):

"As a row erupted over a Law Commission report which suggested that the maximum penalty of two years in prison for leaking official information might be too low when set against 14 years in comparable jurisdictions, Downing Street on Monday night vehemently denied that it was trying to stifle a free press.

“This is a consultation by an independent body instigated by a previous prime minister,” a No 10 source said. “It will never be our policy to restrict the freedom of investigative journalism or public service whistleblowing.”

See: See: Law Commission: Protection of Official Data: A Consultation Paper (pdf)

Satellite location boosts EU emergency services (euractiv, link): "The single European emergency number, 112, can now pinpoint the location of callers, thanks to technological advances funded by the European Union"

Ireland: Data commissioner tells court US law fails to protect privacy (Irish Times, link): "Regulator cites lack of access to effective remedies in US if data privacy is breached."

Refugee crisis: latest news from across Europe (11-13.2.17)

UK: The Guardian view on official secrets: new proposals threaten democracy - Editorial (Guardian, link):

"The Law Commission’s proposals appear tailored to stop the Guardian ever again publishing something like the Snowden files...

it proposes powers that would herald a new journalistic ice age. Anyone that published an intelligence- or foreign affairs-related story based on a leak would be open to criminal charges. Reporters, as well as the whistleblowers whose stories they tell, would be under threat of sentences of up to 14 years, regardless of the public interest and even if there were no likelihood of damage.

This all began in 2015, when the government asked the barrister Professor David Ormerod, the law commissioner for criminal law and evidence, to examine the protection of official data. The date is significant: the Guardian, together with other European and American newspapers, had recently published some of the huge volume of material leaked by Edward Snowden about surveillance techniques...."

See: Law Commission: Protection of Official Data: A Consultation Paper (pdf)

Vice-versa: Racial profiling in Germany (euractiv, link):

"Germany and the EU: How do they cooperate? Where do their approaches conflict and where are their interests aligned? Euractiv Germany’s new Vice-Versa series continues to take a look at one issue from both a European and federal government perspective."

Austria should improve integrity rules in parliament and independence of the judiciary: anti-corruption report (Council of Europe, link):

"In spite of commendable progress that Austria has made in recent years in domestic anti-corruption policies, those for parliamentarians are still at an early stage. Rules are needed to manage conflicts of interest when they arise and a code of conduct should be put in place to improve poor public perceptions of elected officials, according to a new report by the Council of Europe’s Group of States against Corruption (GRECO)."

UK: Union Leaders Call for Hogan-Howe to Explain Shredding (COPS, link):

"We the undersigned are outraged at the news that despite court orders to the contrary, the Metropolitan Police Service has destroyed evidence required for use in the Undercover Policing Public Inquiry. State spying on trade unions and political campaigns is a human rights scandal that affects millions of British citizens.

Despite continued reassurances, the Pitchford Inquiry has failed to secure the documents that will be central to the investigation. Trade union core participants are beginning to question whether the Inquiry team has the ability to stop the police from obstructing the pursuit of justice. Lord Justice Pitchford needs to act now to restore our faith."

EU: Council of the European Union: Registering ID to combat fraud: Commission Questionnaire on Issues related to Registration of Identity (Doc no: 5633-17, pdf):: Uniform registering of personal IDs:

"Delegations will find attached a questionnaire suggested by the services of the Commission on issues related to Registration of Identity in the context of the follow-up to the Commission's Communication on an Action Plan to strengthen the European response to travel document fraud (COM(2016) 790 final)."

And see: Commission Communication: COM 790-16 (pdf)

UK: Government accused of 'full-frontal attack' on whistleblowers (Guardian, link)

"Outcry follows plans to radically increase prison terms for revealing state secrets and to prosecute journalists...

Draft recommendations from the government’s legal advisers say the maximum prison sentence for leakers should be raised, potentially from two to 14 years, and the definition of espionage should be expanded to include obtaining sensitive information, as well as passing it on."

Also: Planned Espionage Act could jail journos and whistleblowers as spies (The Register, link)

See: Law Commission: Protection of Official Data: A Consultation Paper (pdf)

EU: Council of the European Union: Vulnerable refugees in four measures & Humanitarian visas

Vulnerable refugees - redraft of clauses: Theme: ‘Guarantees for those with special needs’ (LIMITE doc no: 5939-17, pdf) With 68 Footnotes with Member State positions:

"In the framework of the theme "Guarantees for those with special needs", delegations will find attached modifications suggested by the Presidency in relation to:

- Articles 19, 20, 21, 22, 24 and 32 of the Asylum Procedures Regulation;
- Articles 11, 17a (3), 20, 21, 22, 23 and 24 of the Reception Conditions Directive;
- Articles 22 (4) and (5) and 36 of the Qualifications Regulations; and
- Article 8 of the Dublin Regulation.

The changes in the text are marked as follows: added text is marked in bold and underline and deleted text from the original Commission proposal is marked in bold and single strikethrough."

• Humanitarian visas: Visa Working Party/Mixed Committee - Outcomes (LIMITE doc no: 5668-17, pdf): Including Draft Regulation of the European Parliament and of the Council on the Union Code on Visas (Visa Code) (recast):

"AT, supported by FR, SK and CZ, reported that the EP had not yet given up on the idea of the humanitarian visa and strongly invited the Presidency to make it clear during the negotiations with the EP that this was a red line for the Council. Therefore, as long as the humanitarian visa was included in the compromise amendments, they stressed that the Council would not be in a position to agree on anything.

The Chair took note of the comments and said that the Presidency would inform delegations on further contacts with the EP."

EU: Statewatch Briefing: EU-wide biometric databases, “soft targets”, cybersecurity and data protection: Commission’s fourth report on building the ‘Security Union (pdf) by Chris Jones:

At the end of January the European Commission issued its fourth report on "building an effective and genuine Security Union”, examining four topics: “information systems and interoperability, soft target protection, cyber threat and data protection in the context of criminal investigations." The report puts significant focus on the need for “interoperability” between EU and national-level information systems and databases, in order to enable EUwide biometric surveillance, one of the current favourite topics of EU security officials.

See:
European Commission, Fourth progress report towards an effective and genuine Security Union (COM(2017) 41 final, 25 January 2017, pdf)

Refugee crisis: latest news from across Europe (10.2.17)

French enquiry finds ‘insufficient proof’ police raped young man with truncheon (France 24, link)

"An initial French police investigation has found insufficient evidence to support allegations that a 22-year-old black man was anally raped with a police truncheon, a police source said Thursday.

The outcome of the internal police inquiry emerged after violence flared in the northern suburbs of Paris and elsewhere in France following the incident involving the man identified only as Theo.

The youth worker required surgery for severe anal injuries after he was allegedly assaulted with a truncheon and also suffered head trauma in a case that has revived the contentious issue of policing in France's deprived suburbs.

The police's own investigation into last Thursday's incident in the gritty suburb of Aulnay-sous-Bois has concluded that the injuries were not inflicted intentionally.

...However, an investigating magistrate has charged one of the police officers with rape and is still examining the case."

And see: Two jailed as riots follow alleged police rape (RFI, link): "A French court has jailed two young men for six months for their part in riots that have broken out in response to the alleged police rape of a young black man. The violence continued on Wednesday night."

UK: Mental health patient kept in Norfolk police cell for three days (Eastern Daily Press, link):

"A mental health patient was kept in a police cell for three days in King’s Lynn because no bed could be found for him.

A second person needing mental health treatment was detained at Aylsham police station for 36 hours as the region’s mental health service struggled to find a bed.

The two cases, both from January, raise further concerns about the number of psychiatric beds in Norfolk and Suffolk which have been cut by 136 - around a quarter - since 2012."

Refugee crisis: latest news from across Europe (9.2.17)

UN: Special Rapporteur releases annual report - "2016: The Year in Assembly & Association Rights" (link):

"UN Special Rapporteur Maina Kiai is pleased to announce the release of his mandate's third and final annual report, "2016: The Year in Assembly & Association Rights."

The report tells the story of 2016 from the perspective of assembly and association rights and recaps the Special Rapporteur mandate's work during the year. The report also features Kiai's farewell letter, in which he reflects on his nearly six years in the mandate.

When the Human Rights Council created his mandate in 2010, Kiai writes, "the rights to freedom of peaceful assembly and of association were somewhat neglected in the pantheon of our most cherished rights - known, but rarely in the headlines. In the years since, they have underpinned some of the most cataclysmic political events of the 21st century."

"And remarkably, all of this happened while governments everywhere were embarking upon the most comprehensive rollback of civic freedoms since the end of the Cold War," he adds.""

European Parliament: Eurodac Regulation: Parliament committee report takes hard line on mandatory biometric registration of asylum-seekers

A draft report to be submitted to the European Parliament's civil liberties committee (LIBE) proposes that Member States should be obliged to introduce "effective, proportionate and dissuasive" administrative sanctions for asylum-seekers and irregular migrants who demonstrate "non-compliance with the fingerprinting process and capturing a facial image."

The Commission's text proposed an article that said:

"Member States may introduce administrative sanctions, in accordance with their national law, for non-compliance with the fingerprinting process and capturing a facial image in accordance with paragraph 1 of this Article. These sanctions shall be effective, proportionate and dissuasive. In this context, detention should only be used as a means of last resort in order to determine or verify a third-country national's identity."

The draft report proposes changing the word "may" to "shall", thus requiring Member States to introduce sanctions for people who refuse to submit to fingerprinting or the "capture" of their facial image for inclusion in the Eurodac database.

Serbia and Belgium ink police cooperation agreement (b92.net, libk)

"Deputy prime ministers and interior ministers of Serbia and Belgium on Tuesday signed an agreement on police cooperation."

Refugee crisis: latest news from across Europe (8.2.17)

EU: Council of the European Union: No unanimity on the creation of the European Public Prosecuror's Office:

See: European Public Prosecutor Office : Council takes first step towards a possible enhanced cooperation (Press release, pdf):

"On 7 February 2017, the Council registered the absence of unanimity in support of the proposal for a regulation creating a European Public Prosecutor's office (EPPO). This opens the way for a group of at least nine member states to refer the text for discussion to the European Council for a final attempt at securing consensus on the proposal. If this does not prove possible, enhanced cooperation can be considered.

"EPPO has been part of the Treaties since 2009. However, as the last six and a half years have shown its establishment has been elusive. I am positive that the Maltese presidency will achieve concrete results by continuing to act as an honest broker so that those member states who wish to launch enhanced cooperation do so under this presidency”, said Owen Bonnici, Minister for Justice of Malta."
[emphasis added]

EU announces digital deal, but where is the text? (euobserver, link):

"Nothing is agreed until everything is agreed. That's what EU diplomats often say when they are asked about the progress of legislative negotiations.

Their PR machines however seem to have a different maxim....

The deal was reached behind closed doors between the European Parliament and national governments meeting in Council, brokered by the European Commission, in a process called trilogue....

But when EUobserver asked around for the actual text, it emerged that there would be another “clean-up meeting” on Friday, and that the final text “should be ready on Monday” – six days after the press releases. A second source said the text "will be ready at the earliest on Friday"."

Reporters' spy saga gives glimpse of UK surveillance culture (AP, link):

"British journalist Julia Breen's scoop about racism at her local police force didn't just get her on the front page, it got her put under surveillance.

In the months that followed Breen's exclusive, investigators logged her calls, those of her colleague Graeme Hetherington and even their modest-sized newspaper's busy switchboard in an effort to unmask their sources. The two were stunned when they eventually discovered the scale of the spying.

"It just never even crossed our minds," Breen said in a recent interview in the newsroom of The Northern Echo, in the English market town of Darlington. "I don't know if I was quite naive, but on a regional newspaper you don't expect your local police force to do this."

The Echo's editor, Andy Richardson, said his paper's brush with police spying carries a warning as surveillance laws stiffen up and down the continent ."

And see: Court rules that Cleveland Police acted unlawfully by using telecoms spying powers to find newspaper sources (Press Gazette, link):

"Surveillance court judges have today ruled that a police force’s use of spying powers on two former officers in a bid to find the source of information leaks to journalists was “unlawful”."

Investigatory Powers Tribunal: judgment: Case between (1) Mark Dias (2) Stephen Matthews and The Chief Constable of Cleveland Police ([2017] UKIPTrib15_586-CH, pdf):

"This complaint was brought by two former police officers in the Cleveland Police Force against the Chief Constable of Cleveland Police alleging that the acquisition of their communications data had been unlawful. The Tribunal determined that the applications for and approvals of the obtaining of communications data relating to the claimants were unlawful and must be quashed."

President Radev: Risk to European citizens unless Bulgaria given access to Schengen Information System (Sofia Globe, link):

"There is no way for Bulgaria to effectively protect Europe’s external borders unless it is given access to the Schengen Information System – and the country’s lack of access to the system increases the risk for all European citizens, Bulgarian President Roumen Radev said during an official visit to Berlin."

FRANCE: Police officer ‘raped black youth with a truncheon as colleagues watched’ (Metro, link):

"Rioting has broken out in Paris after a police officer was charged with raping a young black man with his truncheon.

CCTV footage allegedly shows four officers attack him, one of them forcing his police truncheon into his anal passage after they stopped him in the street during an identity check.

The man, a 22-year-old youth worker, was so severely injured that he is still in hospital after undergoing an operation, his lawyer said."

See also: New protests after French police accused of baton rape (RFI, link) and: Paris suburb simmers after youth allegedly raped by police (France 24, link):

"A Paris suburb has been subjected to two nights of violence, including burned cars and fireworks aimed at police, following the alleged rape of a young man by police during a violent arrest on Thursday. "

Google to appeal against order to hand over foreign emails (Computer Weekly, link):

"UK firms urged to consider the risks of non-UK cloud service providers and to encrypt data in the light of another US warrant to access emails held by a US cloud services firm on non-US servers

Google reportedly plans to appeal against a court order to hand over to the FBI emails of Gmail users stored outside of the US, arguing that doing so will put the privacy of non-US citizens at risk.

In a similar case, the US Department of Justice is considering going to the Supreme Court after an appeals court refused to revisit its July 2016 landmark ruling blocking government access to emails stored on Microsoft servers in Ireland. "

Former Polish President Walesa did help secret police, experts say (Deutsche Welle, link):

"Experts in Poland say they have found proof that former Polish President Lech Walesa collaborated with the country's notorious Communist-era secret police (SB) in the 1970s. The Institute of National Remembrance (IPN) released a forensic report on Tuesday containing agreements signed by Walesa to collaborate with the secret police.

Officials revealed they are certain that papers they received from the widow of a Communist-era interior minister prove that Walesa was a spy for the SB and worked under the code name "Bolek" from 1970 to 1976.

The IPN, which prosecutes crimes from the Nazi occupation and the communist era, stated Walesa had signed a collaboration agreement and receipts for payment from the secret police."

UK: MPs criticise £1bn ‘slush fund’ for foreign security forces (Reprieve, link):

"A senior Parliamentary Committee has heavily criticised the Government for failing to allow public scrutiny of a new £1bn fund used for UK security assistance overseas.

In a report published today, MPs on the Joint Security Committee said there was a “fundamental lack of transparency” surrounding the Conflict, Stability and Security Fund (CSSF), which was “undermin[ing] the Government’s commitment to transparency.” They described the £1bn CSSF as a “slush fund” that has been used for “questionable” projects in Bahrain and elsewhere.

The report comes after human rights organisation Reprieve raised concerns over some assistance to foreign security forces who carry out abuses, such as torture and the death penalty."

See: Billion pound fund lacks political leadership and accountability (parliament.uk, link) and: Joint Committee on the National Security Strategy: Conflict, Stability and Security Fund (pdf)

Refugee crisis: latest news from across Europe (7.2.17)

Inquiry into undercover police actions in Northern Ireland moves step closer (Belfast Telegraph, link):

"An anti-globalisation activist has won the first stage of a High Court battle to have a major inquiry into alleged wrongdoing by undercover British police officers extended to cover their activities in Northern Ireland. "

EU: Court of Justice (CJEU): According to Advocate General Mengozzi, Members States must issue a visa on humanitarian grounds where substantial grounds have been shown for believing that a refusal would place persons seeking international protection at risk of torture or inhuman or degrading treatment (Press release, pdf):

"It is irrelevant whether or not there are ties between the person concerned and the requested Member State."

EU: Council: Schengen area: Council recommends prolongation of internal border controls (pdf):

"On 7 February 2017, the Council adopted an implementing decision setting out a recommendation to prolong temporary internal border controls in exceptional circumstances.

Starting from 11 February 2017, when the previous decision expires, Austria, Germany, Denmark, Sweden and Norway should prolong proportionate temporary border controls for a maximum period of three 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."

Western Mediterranean countries plead for increased NATO presence (euractiv, link):

"Defence ministers from France, Italy, Portugal and Spain have called on NATO to increase its presence in their part of the world.

Spanish Defence Minister María Dolores de Cospedal said after a meeting of the so-called “Southern Quartet” in Porto yesterday (6 February) that their request for more NATO involvement is justified because “today, the risks facing Europe are different to those in years past and they originate from more sources”.

Cospedal added that “it is true that NATO traditionally does not have a strong presence in the south of Europe”, yet she and her three counterparts are still advocating more Alliance-involvement in their region, especially in the Mediterranean."

Refugee crisis: latest news from across Europe (4-6.2.17): new reports on asylum in Serbia and Hungary; Italy-Libya agreement in English; latest statistics on the relocation scheme; Greece-Turkey push-back allegations; and more.

UK-IRELAND: Activist 'bitterly disappointed' by 'closed' report into undercover policing (Irish Independent, link):

"Activists who allege a British undercover police officer operated in Ireland have branded a Garda inquiry into his activity a whitewash.

Garda Commissioner Noirin O'Sullivan was tasked late last year with a second internal probe into the activities of a spy from London's Metropolitan Police after an original inquiry in 2011 found no evidence of criminality.

Campaigners wrote to Justice Minister Frances Fitzgerald demanding she seek Ireland's inclusion in a public inquiry in England and Wales over undercover policing.

Activist Kim Bryan, who claims she was targeted by Met spy Mark Kennedy in England and in Ireland, criticised the minister's response.

"I am bitterly disappointed by the closed process Frances Fitzgerald has established, with an internal garda report into undercover policing," she said."

Munich Security Conference 2017 takes place against the backdrop of transatlantic uncertainty and the crisis of the liberal order (Munich Security Conference, link):

"From February 17 to 19, 2017, the 53rd edition of the Munich Security Conference (MSC) will bring together hundreds of decision-makers in the realm of international security at Hotel Bayerischer Hof in Munich. Under the chairmanship of Ambassador Wolfgang Ischinger, more than 500 participants will debate critical security challenges, including the troubling state of the international order and the rise of illiberalism around the world."

ECHR: Case Watch: How Kosa v. Hungary is Challenging a Gap in Europe's Anti-Discrimination Protections (Open Society Foundations, link):

"a growing number of European countries have established collective redress procedures which allow Non Governmental Organizations (NGOs) to make claims on behalf of a distinct but indeterminate class of discrimination victims. However, this type of mechanism has proven problematic for the European Court of Human Rights, as the organization making the claim is not a “direct victim”.

It was under this type of collective redress procedures that the Hungarian NGO Chance for Children Foundation brought a legal action for education discrimination in 2008, after the discontinuation of a bus service to a local integrated school forced students in the town of Huszar telep into a Roma-only school. Whilst CFCF convinced lower Hungarian courts that discrimination occurred, they were denied a remedy to terminate the unlawful actions. Both at Hungary’s Constitutional Court—the Kuria—and the European Court of Human Rights, CFCF’s claim was rejected on grounds of standing, because the organization itself was not “directly affected” by the measures leading to segregated Roma education.

...This has created a situation where a domestic claim seeking to address instances of systemic discrimination, under a valid and justified mechanism, has no recourse to the Strasbourg Court. How can the Convention protection against discrimination be practical and effective in such circumstances?"

EU: Foreign Affairs Council: Council conclusions on Libya (pdf)

Adopted by the Foreign Affairs Council on 6 February 2017. Including:

"The EU condemns human rights violations and abuses against migrants and urges Libyan authorities to redouble their efforts to improve the protection and promotion of human rights, especially in migrant detention centres"

And:

"Recognizing the need for Libyan ownership in helping to address irregular migration flows and saving lives, the EU will continue its activities through different complementary and coordinated activities in the context of Seahorse Mediterranean Network, European Border and Coast Guard Agency and CSDP, in accordance with international law.

In line with the Malta declaration, the EU will give further priority to the provision of training, equipment and other support, with priority given to the Libyan Coastguard and Navy and other relevant legitimate Libyan agencies."

And see: factsheet: EU-LIBYA RELATIONS (pdf)

UK: Domestic Extremism Awareness Day 2017

"As we have argued repeatedly over the last couple of years, the term “domestic extremist” means pretty much whatever the police want it to mean.

It is a critical justification for state surveillance on protest movements in the UK, but both the government and the police have struggled to devise a credible definition robust enough to withstand legal scrutiny.

(...)

If people fear the label of ‘domestic extremist’ may in future affect their immigration status or application for asylum, the safety of families in other parts of the world, their job security or their ability to work with children, or the prospect of routine harassment or preemptive arrest by the police, they are far more likely to think twice about exercising their rights of assembly and free speech.

This is why we are arguing for a complete end to the smearing of campaigners as ‘domestic extremists’. Our campaigns are not ‘extreme’ just because they challenge powerful state and corporate interests."

See: This is Not Domestic Extremism (Netpol, link)

UK: Government doesn't investigate human rights claims against Saudi Arabia before selling arms (The Independent, link):

"The Government does not make judgments over whether countries like Saudi Arabia have violated international humanitarian laws in specific cases before granting arms exports to them.

Ministers have admitted they do not reach any conclusion on whether there have been violations in particular cases, because they say it would “not be possible” in conflicts the UK is not involved in.

Ministers instead try to come to “an overall judgement” that arms sold to a country will not be used to violate international humanitarian laws (IHL), a government spokesman has told The Independent."

UK: Inside the government's mad plan to catalog every video on the Internet (New Statesman, link):

"Imagine a government scheme to catalogue and classify every single video on the web.

But you don’t need to imagine: that’s the bizarre proposal being put forward by Theresa May’s government in the Digital Economy Bill, which reached committee stage in the Lords this week.

The Digital Economy Bill proposes that online video should be classified just as films are now, and by the same people - the British Board of Film Classification."

EU-UK: As Bad as it Gets: the White Paper on Brexit (EU Law Analysis, link):

"Yesterday the UK government released its White Paper on Brexit. This tome was reluctantly extracted from the government after months of prompting, but is in the end enormously disappointing: the political equivalent of a cat coughing up a hairball.

As many had expected, the white paper is basically content-free. It's essentially Theresa May's recent speech (which I analysed here), in some cases word-for-word, with a few statistics and graphs added. But even this information refers back to the status quo, and in some cases is inaccurate (a graph suggested British workers get 14 weeks’ paid holiday a year, before it was corrected), out-of-date (the 2011 statistics on UK citizens resident in the EU), or only partial (the migration statistics omit Irish people in the UK, and vice versa).

There’s no proper analysis of different options relating to the UK’s post-Brexit future, with assessments of their relative pros and cons. But then there couldn’t be: the White Paper says little of substance about the very existence of those options. David Allen Green has pointed out that the initial version of the document was time-stamped at about 4am, giving the strong impression it was written overnight by an intern working to a deadline in a student-like coffee-fuelled flurry."

See: The United Kingdom’s exit from and new partnership with the European Union (pdf)

EU: Release of final evaluation on Eurojust's Action Plan against human trafficking (Eurojust, link):

"The Final evaluation confirms that the complexity of THB cases, due to their multinational nature, the involvement of sophisticated criminal groups and the targeting of vulnerable victims, is the main obstacle to the successful repression of THB in Europe. The Final evaluation highlights Eurojust’s crucial role in facilitating essential cross-border judicial cooperation to dismantle THB networks.

The Action Plan has also yielded promising results. Eurojust and Europol have expanded their cooperation on THB by improving the flow of information between the two bodies and increasing their shared casework. Similarly, over the action period, practitioners in the Member States have gained a clearer understanding of the legal complexities of cross-border THB cases, allowing them to better coordinate their actions, share information and tackle the THB phenomenon."

See: Eurojust: Implementation of the Eurojust Action Plan against THB [trafficking in human beings] 2012-2016 - Final evaluation report (pdf)

Protests continue in Romania after government repeals corruption impunity decree

"About 500,000 demonstrators have rallied across Romania, despite the government revoking a controversial decree that fuelled their discontent.

The left-wing government earlier scrapped the decree, which would have shielded many politicians from prosecution for corruption.

But protesters remain dissatisfied about a revised version of the bill which will now be put to parliament."

EU: We need to remove free movement from the vicious circle of security (OpenDemocracy, link) by Didier Bigo and Emmanuel-Pierre Guittet:

"'Freedom is that possession which permits the enjoyment of all other possessions', wrote Montesquieu. Yet, today we are led to believe that the only way to enjoy personal safety within society, and guarantee our individual and collective freedoms, is through preventive security and reinforced controls.

How have we arrived at a situation where our reasoning has been so thoroughly turned on its head that the movement of millions of people is now being brought into question in case it might – owing to the way it is organised and its great speed – lead either to the departure of combatants abroad (so called foreign fighters) or the entry of clandestine groups with violent intentions?"

Libyans intercept at least 1,131 migrants off western coast in a week - coast guard (Reuters, link):

"TRIPOLI (Reuters) - Libya's coast guard intercepted at least 1,131 migrants near the western city of Sabratha over the course of a week, a spokesman said on Saturday.

Ayoub Qassem said 431 migrants had been intercepted on four inflatable boats off Sabratha's coast on Thursday and some 700 had been picked up on Jan. 27 from three wooden vessels in the same area.

"The illegal migrants are from various sub-Saharan countries and include a big number of women and children," Qassem said of those intercepted on Thursday.

Those intercepted on Jan. 27 also included migrants from Syria, Tunisia, Libya and the Palestinian territories, he said, and smugglers had attempted to block the coast guards from taking those migrants from their boats."

GREECE-TURKEY: Ankara says Greece has ‘forcefully’ sent thousands of migrants back to Turkey (Hurriyet, link):

"Turkey stated on Feb. 3 that Greece had “forcefully” sent thousands of migrants back to Turkey via the River Maritza in recent months.

Officials from the Directorate General of Migration Management, which works under the Interior Ministry, said that Greece sent back more than 3,000 migrants to Turkey in the past four months.

The officials requested anonymity as they were not authorized to speak to the media.

They said Greece was not abiding by the readmission agreement between Turkey and Greece, while also disregarding international laws on human rights."

Press release: the EU and Italy de facto violate the principle of non-refoulement

At the informal Summit held at La Valletta on 3 February, the European Union confirms its policy of agreements for the closure of borders. Italy seconds the EU requests and concludes a shameful agreement with Libya.

The new foreign policy of the EU Commission and Council: development funds instrumentally used as bargaining chips to reach agreements and partnerships with third countries in order to repel migrants and refugees.

ASGI strongly condemns this shameful policy of the EU and the Italian Government to conclude agreements with third countries. “The EU betrays basic rule of law principles and infringes the democratic basis for the peaceful coexistence of citizens” says Lorenzo Trucco, lawyer and president of the Association for Juridical Studies on Immigration (ASGI).

EU: Commission: Member States' Relocations (2.2.17, pdf): 8,692 relocated from Greece out of 63,302 places allocated and 3,205 relocated from Italy of 34,953 places allocated. Overall 22,453 places pledged out of 160,000 needed.

Refugee crisis: latest news from across Europe (3.2.17)

USA: Exclusive: Trump to focus counter-extremism program solely on Islam - sources (Reuters, link):

"The Trump administration wants to revamp and rename a U.S. government program designed to counter all violent ideologies so that it focuses solely on Islamist extremism, five people briefed on the matter told Reuters.

The program, "Countering Violent Extremism," or CVE, would be changed to "Countering Islamic Extremism" or "Countering Radical Islamic Extremism," the sources said, and would no longer target groups such as white supremacists who have also carried out bombings and shootings in the United States.

Such a change would reflect Trump's election campaign rhetoric and criticism of former President Barack Obama for being weak in the fight against Islamic State and for refusing to use the phrase "radical Islam" in describing it. Islamic State has claimed responsibility for attacks on civilians in several countries."

UK: Stop and search: police 'unacceptably slow' to comply with new rules (The Guardian, link):

"Four police forces have made “unacceptably slow progress” to comply with government rules aimed at eliminating discrimination in stop and search, a report has found.

An emergency special inspection by Her Majesty’s Inspectorate of Constabulary found that forces in Greater Manchester, South Yorkshire, Northamptonshire and Derbyshire were still breaking the rules when visited in November 2016. This was despite previous findings that they were in breach of reforms they had agreed to make in 2014 and the government having made its displeasure clear.

Since the inspection four months ago, Greater Manchester, South Yorkshire and Northamptonshire had carried out the changes demanded of them and now obeyed the rules. Derbyshire remained the only one of 43 forces in England and Wales to still not comply with the rules."

See: Her Majesty's Inspectorate of Constabulary: Best Use of Stop and Search (BUSS) scheme: A summary of the findings of an HMIC revisit of the 19 forces that were not complying with the scheme in 2015 (pdf)

Further information and documentation: Best Use of Stop and Search - second revisits (HMIC, link)

EU-USA: Has President Trump’s Executive Order on “Public Safety” killed off Privacy Shield? (LinkedIn, link) by Chris Pounder:

"President Trump’s Executive Order (Enhancing Public Safety in the Interior of the United States) has caused controversy over its temporary ban on all Muslims entering the USA from certain countries. It has consequences for data protection.

However, law-firm Hunton and Williams has just published a blog which concludes that “the Order should not impact the legal viability of the Privacy Shield framework” (see references). This conclusion is reached because, in the blog’s view, EU nationals still have access to USA courts by the Judicial Redress Act which is unaffected by the Executive Order (unless this access is revoked by the USA).

I agree with the blog’s conclusions relating to the Judicial Redress Act; however, I am not convinced that this overcomes the main data protection problem associated with this Order.

This is because implementation of this Order requires enhanced data sharing between Federal Agencies in the USA. As this data sharing involves EU nationals it directly raises the question: “whether or not the provisions of USA’s Privacy Act 1974 itself offers an adequate level of protection for transfers of personal data to the USA?”.

In other words, the Executive Order will inevitably focus attention on the quality of protections provided by Privacy Act and not on whether these protections are accessible to EU citizens via Judicial Redress Act."

EU: European Council adopts declaration on cooperation with Libya amidst human rights warnings

The European Council meeting in Malta has issued a declaration on the "external aspects of migration", primarily focusing on the "Central Mediterranean Route" and cooperation with Libya.

There are no major changes in the content compared to the draft declaration published by Statewatch yesterday, although an affirmation of a "determination to act in full respect of human rights, international law and European values" has been moved to the first paragraph.

However, these warm words are not backed up elsewhere in the text, for example by including a committment to "a significant expansion of opportunities for safe pathways such as resettlement and humanitarian admission, among others, to avoid dangerous journeys," as called for by the UNHCR and IOM.

ITALY-LIBYA: New Memorandum of Understanding on "illegal immigration" and border security signed

Italy and the UN-backed Libyan Government of National Accord yesterday (2 February) signed a new Memorandum of Understading on "development, countering illegal immigration, human trafficking, smuggling and on strengthening border security".

See: Memorandum d'intesa sulla cooperazione nel campo dello sviluppo, del contrasto all'immigrazione illegale, al traffico di esseri umani, al contrabbando e sul rafforzamento della sicurezza delle frontiere tra lo Stato della Libia e la Repubblica Italiana (pdf)

EU commission drops anti-corruption report (EUobserver, link):

"The EU commission scrapped plans to publish a report on anti-corruption efforts throughout EU states.

When pressed to explain why, EU commission spokesperson Margaritis Schinas on Thursday (2 February) refused to speculate.

"For the commission, the fight against corruption is not in any way an attempt to interfere or offer value judgments within the political life in a member state," Schinas told EUobserver."

EU-USA: EU party leaders team up to reject Trump ambassador (EurActiv, link):

"The three major “pro-European” groups in the European Parliament, the centre-right European People’s Party (EPP), the centre-left Socialists and Democrats (S&D), and the ALDE liberals, have taken the position that the EU should reject Ted R. Malloch as US ambassador to the EU.

Manfred Weber, the leader of the EPP group in the European Parliament, and Guy Verhofstadt, his colleague from ALDE, co-signed a letter to Council President Donald Tusk yesterday (2 February), proposing that the EU rejects Malloch as US ambassador to the EU.

Separately, S&D leader Gianni Pittella sent a letter, in which he says he tells Tusk and EU foreign affairs chief Federica Mogherini that Malloch would not be an acceptable choice and should be declared a ‘persona non grata’."

USA: My dad predicted Trump in 1985 – it's not Orwell, he warned, it's Brave New World (The Guardian, link):

"Over the last year, as the presidential campaign grew increasingly bizarre and Donald Trump took us places we had never been before, I saw a spike in media references to Amusing Ourselves to Death, a book written by my late father, Neil Postman, which anticipated back in 1985 so much about what has become of our current public discourse.

(...)

The central argument of Amusing Ourselves is simple: there were two landmark dystopian novels written by brilliant British cultural critics – Brave New World by Aldous Huxley and Nineteen Eighty-Four by George Orwell – and we Americans had mistakenly feared and obsessed over the vision portrayed in the latter book (an information-censoring, movement-restricting, individuality-emaciating state) rather than the former (a technology-sedating, consumption-engorging, instant-gratifying bubble). "

EU: Europol announces new network of experts on "the online crime attribution gap"

"European Network of Law Enforcement Specialists on CGN created at Europol to address a little known but major capability gap in law enforcement’s attempts to identify offenders online.

On 31 January 2017, a meeting of European law enforcement cybercrime specialists was held at Europol’s headquarters in The Hague. This meeting addressed the increasing problem of non-crime attribution associated with the widespread use of Carrier-Grade Network Address Translation (CGN) technologies by internet service providers (ISPs). The meeting included presentations from industry experts, to broaden law enforcement understanding of the way in which internet service providers (providing access to the internet) and electronic content providers (websites and communication platforms) operate with regards to CGN."

See: Closing the Online Crime Attribution Gap: European law enforcement tackles Carrier-Grade NAT (CGN) (Europol press release, pdf)

See: EU: More "going dark" problems: Europol wants data retention to ease identification of individual internet users

UK-ERITREA: Politics before protection: the story of Eritrean asylum seekers in the UK (Right to Remain, link):

"The front page news in the Guardian last week, that “Home Office Eritrea guidance softened to reduce asylum seeker numbers” will not surprise those who have been following the debacle of Eritrean asylum claims in the UK for some time.

The Public Law Project managed to obtain internal Home Office documents that evidenced UK government efforts to seek more favourable descriptions of human rights conditions in Eritrea. This evidence confirms what has been clear for some time – that the UK’s priority has been reducing migration, irrespective of the deaths, torture and persecution that might entail.

Back in Refugee Week 2015, Right to Remain joined 500 Eritrean asylum seekers who marched swiftly and beautifully through the streets of Liverpool to protest the UK Home Office’s treatment of their cases.

It seems like a good time to recap on the what has happened over the last couple of years, and what the legal situation is now."

And see: Home Office Eritrea guidance softened to reduce asylum seeker numbers (The Guardian, link)

Trump’s Yemen raid killed newborn baby and scores of civilians (Reprieve, link):

"An attack on a village in Yemen ordered by President Trump on Sunday caused the death of a newborn baby, alongside as many as 23 civilians, human rights organization Reprieve has discovered.

The Trump Administration oversaw a series of drone strikes and a ground raid on the village of Yakla, Yemen, on Sunday (29th). The Administration initially downplayed reports of civilian casualties, including the death of an eight-year old girl. Yesterday, however, US officials conceded that civilians were “likely killed.”

Reprieve has obtained evidence that many as 23 civilians were killed in the US raid, including a newborn baby boy, and ten children. The heavily pregnant mother was shot in the stomach during the raid, and subsequently gave birth to an injured baby boy, according to local reports. The baby died on Tuesday 31st."

EU: Terrorism Directive: Parliamentary committee confirms legal basis as vote on new counter-terror law looms

The green light has been given for the approval of the EU's new Directive on Combating Terrorism after confirmation from the European Parliament's Legal Affairs Committee (JURE) that the legal basis for the new law is acceptable. The European Parliament's plenary meeting on 16 February will vote on the text, which was agreed in secret negotiations and contains a series of highly controversial provisions that have been condemned by civil society groups and legal experts.

See: Letter from Pavel Svoboda MEP, JURE chair, to Claude Moraes MEP, LIBE chair (pdf)

UK: Report on the legality of the EU sanctions calls for procedural improvements and continued cooperation post-Brexit

A new report by the UK House of Lords' EU Committee says that while sanctions against individuals, companies or institutions in non-EU states "serve an important foreign policy objective in persuading States and regimes to change behaviour," are a number of improvements that need to be made to the "listing" process, in particular regarding transparency and standards of proof.

See: House of Lords European Union Committee: The legality of EU sanctions (pdf)

EU: Police action against migrant smuggling: report on Italian investigations and Europol press release on safe house "bust"

An article published by the Organized Crime and Corruption Reporting Project highlights how the Italian police have adopted methods used against the mafia in their efforts against migrant smuggling networks operating from sub-Saharan African countries, while a recent Europol press release highlights the "busting" of a "migrant safe house" in Budapest during harmonised operations in Austria, Bulgaria, Croatia, Germany, Hungary and Romania.

Travel surveillance and profiling: the Indian government wants to join the PNR party

"Airlines will now be required to share passenger reservation data with customs department in advance.

The government has proposed an amendment to the Customs Act for improved surveillance and risk assessment of travellers leaving and entering the country. The changes in the rules will bring India in line with countries like Australia, Canada, United States and the European Union which have similar norms in place.

(...)

In case an airline company fails to furnish the information to the customs, it could result in a fine of up to Rs 50,000, according to the Finance Bill tabled in Parliament on Tuesday.

At present, many airlines in India are required to share the passenger information, in advance with immigration authorities prior to departure or arrival, but this is limited to details like passenger name, nationality, passport number etc. Other countries also require airlines to share similar information known as advance passenger information (API)."

See: Now, govt wants aceess to airlines passenger reservation data in advance - This is for improved surveillance and risk assessment of travellers leaving and entering the country (Business Standard, link)

EU: Asylum: European Parliament briefing on proposed EU list of "safe countries of origin"

"As part of the European Agenda on Migration, the Commission proposed a regulation on 9 September 2015 to establish a common EU list of safe countries of origin, initially comprising Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Kosovo, Montenegro, Serbia and Turkey. The aim is to fast-track asylum applications from citizens of these countries, which are considered 'safe' in full compliance with the criteria set out in the Asylum Procedures Directive 2013/32/EU and the principle of non-refoulement. Currently, lists are defined at national level and not coordinated, which can lead to different recognition rates of similar asylum applications, and thus create incentives for secondary movements and asylum-shopping."

See: Safe countries of origin: Proposed common EU list (pdf)

UK: Film tells asylum seeker stories of alleged G4S intimidation (The Ferret, link):

"A new film The Asylum Market features testimony from asylum seekers, including a victim of human trafficking, alleging intimidation and bullying by employees of security giant G4S, as well as claims of sordid housing conditions.

The film was due to be aired on 31 January 2017 on BBC prime-time current affairs show Victoria Derbyshire, to coincide with the release of Westminster’s cross-party Home Affairs Select Committee report on asylum accommodation contracts, which concluded that the provision was “shameful”.

However, the film was pulled from the programme although the BBC did robustly challenge G4s in its package."

And see: House of Commons Home Affairs Committee: Asylum accommodation (pdf):

"Since 2012 accommodation has been provided to asylum seekers via six regional Commercial and Operational Managers Procuring Asylum Support Services contracts, known as COMPASS... Although the system of three Providers looks straightforward on the surface, below it lies a complex network of contractors, sub-contractors and hundreds of private landlords."

Turkey, Hungary and Romania drive 23% rise in ECHR applications (The Guardian, link):

"Recep Tayyip Erdogan’s response to the attempted coup in Turkey along with poor conditions in prisons in Hungary and Romania have driven a 23% year-on-year rise in the number of applications to the European court of human rights.

In its annual report, the court noted a “very large number of applications” from Turkey in late 2016 after the attempt to topple Erdogan, contributing to the biggest increase in applications in five years.

Turkey declared a state of emergency in July and gave notice of a derogation under article 15 of the European convention on human rights. Such a move releases a government of its obligations to uphold some, but not all, human rights, when a state is faced with a public emergency that threatens “the life of the nation”.

The other two signatory states to fuel the large increase in applications to the ECHR, Romania and Hungary, have struggled with overpopulation in their prisons for a number of years, but the statistics appear to suggest the situation is worsening."

See: European Court of Human Rights: Annual Report 2016 (pdf)

NETHERLANDS: Dutch secret service tries to recruit Tor-admin (Buro Jansen & Janssen, link):

"Recently a Dutch man with an MSc (Master of Science) at the Delft University of Technology and admin of Tor-exit nodes was approached by two agents of the Dutch intelligence service, the AIVD. They wanted to recruit the man as an informant or undercover agent, who would also infiltrate foreign hacker communities. The person tells his story.

We received this story from a person who wants to remain anonymous. We conducted an investigation to the existence of this person and confirmed their existence. The person did not want to answer additional questions about the conversation held with the Dutch secret service (AIVD for its initials in Dutch) and wanted to remain anonymous. We respect this. We publish this account because we think the story is important both for the hackers community and beyond. The person has written the story in English, which we have edited without changing the contents. We have also translated it into Dutch with some slight clarification in relation to some comments, again without changing the contents."

EU: Marine Le Pen: Deadline passes for National Front leader to repay EU funds (BBC News, link):

"A European Parliament deadline for France's far-right leader Marine Le Pen to return more than 300,000 euros (£257,000; $321,000) it says she has misspent, has passed.

The presidential candidate had until midnight to repay the money, but said she had no intention of doing so.

The parliament says she wrongly used the funds to pay an aide at the National Front's headquarters in Paris.

She says she is the victim of a politically motivated vendetta.

If she does not repay the money, the parliament could now respond by withholding as much as half of her salary and allowances, which her opponents say total almost €11,000 a month."

EU: Report from the 2016 'JHATech' conference hosted by the EU Agency for Large-Scale IT Systems (eu-LISA)

The theme of the October 2016 'JHATech' conference of the EU Agency for Large-Scale IT Systems (eu-LISA) was 'Aligning the capabilities of technology with policy priorities in the areas of migration and internal security'. The report from the conference gives an overview of speeches from numerous high-level officials discussing the use of technology in EU justice and home affairs policy, covering issues such as border security, biometrics, interoperability between databases and information systems, and PNR.

See: eu-LISA, JHATech 2016: Aligning the capabilities of technology with policy priorities in the areas of migration and internal security (pdf)

GERMANY: Constitutional Court: neo-Nazi National Democratic Party not illegal as it is "entirely impossible" it will suceed in its aims

The National Democratic Party of Germany (NPD) advocates a concept aimed at abolishing the existing free democratic basic order. The NPD intends to replace the existing constitutional system with an authoritarian national state that adheres to the idea of an ethnically defined “people’s community” (Volksgemeinschaft). Its political concept disrespects human dignity and is incompatible with the principle of democracy. Furthermore, the NPD acts in a systematic manner and with sufficient intensity towards achieving its aims that are directed against the free democratic basic order. However, (currently) there is a lack of specific and weighty indications suggesting that this endeavour will be successful; for that reason the Second Senate of the Federal Constitutional Court, in its judgment pronounced today, unanimously rejected as unfounded the Bundesrat’s admissible application to establish the unconstitutionality of the NPD and its sub-organisations (Art. 21 sec. 2 of the Basic Law, Grundgesetz – GG).

UK-EU: BREXIT: UK to seek a deal on continued cooperation on crime, policing and terrorism

As indicated previously by Ministers the UK will seek to "deal" on future cooperation with the EU:

"As we exit, we will therefore look to negotiate the best deal we can with the EU to cooperate in the fight against crime and terrorism. We will seek a strong and close future relationship with the EU, with a focus on operational and practical cross-border cooperation. We will seek a relationship that is capable of responding to the changing threats we face together. Public safety in the UK and the rest of Europe will be at the heart of this aspect of our negotiation."

See: White Paper on BREXIT: The United Kingdom’s exit from and new partnership with the European Union (pdf)

Refugee crisis: latest news from across Europe (1-2.2.17)

EU: Malta Summit, 3 February 2017: Background Note (pdf):

"Since the start of the migration crisis the EU has managed to reduce significantly the number of irregular migrants entering Europe. Preliminary data from Frontex indicate a 72% decrease in detections in 2016 across the whole of the EU compared to 2015. By far the largest share of this reduction was recorded along the Eastern Mediterranean route, following the EU decision to fully apply the Schengen Border Code (end the wave-through approach) and the EU - Turkey Statement."

UK mosque wins apology over 'terrorism' database listing (Middle East Eye, link)

"FInancial information company Thomson Reuters on Wednesday apologised to a north London mosque and agreed to pay damages for falsely linking it to "terrorism" in a database used by most of the world's biggest banks.

Finsbury Park Mosque had its banking facilities withdrawn by the HSBC bank in 2014 as a result of the listing on the World-Check database, which is used by banks to assess customer risk."

And see: London mosque case exposes pitfalls of 'terror list' database (Middle East Eye, link)

Police Militarization in the Trump Era (Just Security, link):

"Since his swearing in, President Donald Trump has issued a flurry of controversial Executive Orders. One frequently overlooked yet dramatically important issue that has yet to be addressed by Trump concerns the militarization of the police and the fate of Obama’s Executive Order No. 13688....

As we come to grips with the Trump administration and the global trend that it reflects, we need to discuss the limits of state power on a principled level – precisely since it seems that those principles might be giving way to “alternative facts” and an “anything goes” form of instrumentalism. This is true in general, and much more so in the context of the limits on policing, as the ultimate instrument of state coercion. Law and order should not be conflated with a presumption of threat and the construction of policed communities as domestic enemies."

See also: The Case Against Police Militarization (pdf)

EU: Malta Summit on external aspect of migration

The Maltese Council Presidency is hosting a Summit of the heads of all EU Member States on 3 February to discuss external aspects of migration. As a follow up to a " Coreper breakfast (19 January)" the Presidency drew up a Note summarising possible initiatives: Malta Summit - External aspects of migration (pdf). The Draft Council Conclusions (pdf) do not take up most of the points raised but the Note shows what is under the table for future consideration.

EU head calls Trump a 'threat' to Europe

Donald Tusk, the EU Council President, has described US president Donald Trump as a “threat” to Europe alongside Russia and China. He sent an "Open letter" to EU leaders ahead of the Malta Summit on 3 February, referring to “worrying declarations by the new American administration”.

See: Open letter (pdf)

Dutch secret service tries to recruit Tor-admin (burojansen.nl, link):

"Recently a Dutch man with an MSc (Master of Science) at the Delft University of Technology and admin of Tor-exit nodes was approached by two agents of the Dutch intelligence service, the AIVD. They wanted to recruit the man as an informant or undercover agent, who would also infiltrate foreign hacker communities. The person tells his story."

EU: Foreign fighters' helpers excluded from refugee status: the ECJ clarifies the law (EU Law Analysis, link) by Professor Steve Peers:

"What if a person claiming to be a refugee is an alleged terrorist, or at least giving assistance to alleged terrorists? Can they still claim to be a refugee – and if not, how should we define ‘terrorism’ for the purposes of rejecting their claim to be one? Today’s judgment of the EU Court of Justice in the Lounani case usefully clarifies some aspects of this controversial and legally complex issue, but inevitably leaves some difficult questions open. "

See: An application for asylum can be rejected if the asylum seeker has participated in the activities of a terrorist network - It is not necessary that the asylum seeker personally committed terrorist acts, or instigated such acts, or participated in their commission (Press release,pdf) and Judgment (pdf)


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