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Council of the European Union: Manual on Law Enforcement Information Exchange (LIMITE doc no , 6727-ADD-2, pdf): Detailed chart - 14 pages:
"The Manual on Law Enforcement Information Exchange provides detailed information about crossborder information exchange and cooperation. Member States law enforcement officers are invited to use it for training purposes or for instant consultation. The purpose of this Practical Advisor is to increase the efficiency in the use of the instruments available.
The Practical Advisor provides a comparison of requirements for exchange of information via different channels (Interpol/ Europol/ SIRENE/ Liaison Officers/ PCCC), as well as other practical information and advices related to instruments used within the international law enforcement cooperation which could be beneficial not only for the SPOC officers, but also for other national law enforcement authorities."
Urgent alert solidarity with the victims of far-right violence in Saxony (IRR News, link);
"German anti-fascists are asking for support and international protest around events in Chemnitz.
On 27/28 August, in scenes reminiscent of the 1991 pogroms in Rostock and Hoyerswerda, police in the east German state of Saxony all but lost control of the streets to the far Right in the former industrial city of Chemnitz, once a Communist stronghold. Far-right protests against immigrants and crime quickly turned into anti-foreigner riots, with many describing the current situation in Chemnitz, where the electoral far-right party Alternative for Germany (AfD) is strong, as a pre-pogrom situation."
EU: Council Presidency: Informal Ministers meeting on defence: Austrian non-paper: Synergies and military support for civil institutions (Council Presidency, link):
"The Austrian non-paper sets out ideas for temporary military support of civil authorities working in external border protection. This support should be provided to handle peak periods and exceptional situations. It should be deployed as an intermediary solution. The aim is to reinforce the synergies of civil-military cooperation.(...)
Military forces are not generally foreseen to act as first responders in border protection situations. Instead, their main task should be to support the (civil) forces foreseen for this specific purpose by the individual member states.
Military tasks for the support of civil authorities
- reaction forces for crowd and riot control
- creation of a secure environment
- personal searches
- surveillance and reconnaissance of the environment." (emphasis added)
Italy's call for France and Spain to open ports to migrants is rejected (Guardian, link):
"EU high representative refuses to give backing despite threat to pull plug on rescue mission.
A call by Italy for France and Spain to offer up their ports for the disembarkation of migrants rescued in the Mediterranean has failed to garner the backing of EU member states, despite Romes threat to pull the plug on the EUs Operation Sophia rescue mission.
Hijacking a meeting of defence ministers in Vienna, the Italian representative, Elisabetta Trenta, called the ports where rescue ships dock to be rotated to lift the burden on her country."
Poland threatens to ignore rulings of EUs top court (euractiv, link):
"The European Court of Justice (CJEU) is investigating if the recently adopted legislation on the retirement age of Polish Supreme Court judges complies with EU law, but a top Polish official has hinted that the country might ignore future ECJ rulings in this matter."
See also: Council of the European Union: Rule of Law in Poland / Article 7(1) TEU Reasoned Proposal - Report of the hearing held by the Council on 26 June 2018 (LIMITE doc no:10906-18. 60 pages, pdf): The formal report of the hearing of Poland held on 26 June 2018 in accordance with Article 7(1) TEU.
Salvini and Orbán launch anti-immigration manifesto ahead of EU elections (euractiv, link):
"Hungarys illiberal Prime Minister Viktor Orbán and Italys hardline Interior Minister Matteo Salvini launched Tuesday (28 August) an anti-migration manifesto aiming at next years European parliament elections, targeting a common enemy."
Refugee crisis: latest news from across Europe (28.8.18)
Moria, Lesvos, Greece: Children 'attempting suicide' at Greek refugee camp (BBC News, link):
"At Moria camp on the Greek island of Lesbos, there is deadly violence, overcrowding, appalling sanitary conditions and now a charity says children as young as 10 are attempting suicide. The Victoria Derbyshire programme has been given rare access inside.
"We are always ready to escape, 24 hours a day we have our children ready," says Sara Khan, originally from Afghanistan. (...)
The place smells of raw sewage, and there are around 70 people per toilet, according to medical charity Medecins Sans Frontieres (MSF).(...)
Back at the MSF tent, Luca Fontana, who has worked all over the world in conflict zones, says the camp is the worst place he has seen in his life.
He worked during the Ebola outbreaks in West Africa but says, "I've never seen the level of suffering we are witnessing here every day".
"Even those affected by Ebola still have the hope to survive or they have the support of their family, their society, their village, their relatives.
"Here, the hope is taken away by the system.""
Privacy International: "We recently released a report exposing how states and multilateral institutions are financing, training, and equipping foreign security agencies. We have now developed an Open Source Guide to researching surveillance transfers so that we can uncover more information on this issue." (link)
Experts: Germany is massively dependent on immigration (euractiv, link):
"The German government has agreed on the cornerstones of the new Immigration Act. But experts, business representatives and trade unions see still significant room for improvement. EURACTIV Germanys media partner Der Tagesspiegel reports."
German far-right protesters clash with leftists after Chemnitz stabbing (euractiv, link):
"Far-right demonstrators clashed with leftist protesters in the eastern German city of Chemnitz on Monday (27 August) after an Iraqi and a Syrian were arrested over a fatal stabbing that had triggered violent demonstrations."
EU: European External Action Service: Strategic Review on EUNAVFOR MED Operation Sophia, EUBAM Libya & EU Liaison and Planning Cell
The European External Action Service has produced a: Strategic Review on EUNAVFOR MED Operation Sophia, EUBAM Libya & EU Liaison and Planning Cell (LIMITE doc no: 11471-18, 98 pages, pdf) for discussion in the Political and Security Committee:
"the existing mandates of EUNAVFOR Med Op Sophia (Op Sophia) and EUBAM Libya will expire on 31 December 2018. A decision on their mandates and on the future of the EU Liaison and Planning Cell (EULPC) needs to be taken in light of the findings of this review and the broader political and security situation in Libya, the Central Mediterranean and the surrounding region."
EU: Biometrics in identity cards: the Member States want to fingerprint children
Proposals to make fingerprinting of all identity card holders in the EU obligatory were published by the European Commission in April as part of proposal on "strengthening the security of identity cards and residence documents". Early discussions in the Council foresee not only maintaining the mandatory fingerprinting requirement, but making it possible to extend it to children.
USA: What does the US government know about you? (Privacy.net, link):
"How much does the US government know about you? Its not a question easily answered. The US government operates the largest and most advanced spying, surveillance, and data collection programs on the planet. Its made up of multiple law enforcement and intelligence agencies, some of which operate in secret. The federal government, of course, consists more than two dozen major agencies that perform regular record keeping for operational purposes, such as the Internal Revenue Service, Department of Housing and Urban Development, and Social Security Administration."
EU: Council of the European Union: More legislative transparency providing it does not stop the "space to think" in secret
The General Secretariat of the Council of the European Union has produced a Note on: Legislative transparency (in a non-public LIMITE document: 11099-18, pdf)
Tony Bunyan, Statewatch Director, comments:
"These proposals will lead to a bit more openness but will not meet the Lisbon Treaty commitments which came into force nearly ten years ago. The Treaty 's premise is that all documents concerned with legislative measures should be made public as they are produced.
Until the "space to think" in secret is abolished we will never get full access to all the documents which are part of the legislative paper trail."
See Statewatch's Observatory on FOI in the EU which monitors all developments since 1993.
Germany: Dresden police apologize for holding ZDF reporters (DW, link):
"Dresden's police chief has apologized for detaining a camera team from public broadcaster ZDF. The head of the German Journalists' Union said politicians cannot stand on the sidelines on the issue of press freedom (...)
The chief of police in the eastern German city of Dresden has apologized for detaining a camera team from German public broadcaster ZDF while filming at a far-right PEDIGA protest.".
EU: Schengen searches to be extended (link)
"Persons listed in the Schengen Information System may, inter alia, be observed or searched by the police. The numbers of these Article 36 alerts are increasing rapidly and are now being explained for the first time in detail. A new category "inquiry check is planned in the new regulation for the police database."
Italy to suspend EU funding unless others take in migrants (euractiv, link):
"The European Commission has called a meeting today (25 August) after Italian Deputy Prime Minister Luigi Di Maio said his party would vote to suspend funding to the EU unless other member states agreed to take in migrants being held on a coastguard ship in Sicily.
Three days after Italys Diciotti coastguard vessel docked in Catania, 150 adult migrants remained on deck. After seeing hundreds of thousands of sea arrivals in recent years, Italy wants other EU countries to accept them.(...)
If tomorrow nothing comes out of a European Commission meeting on redistributing migrants from the Diciotti ship, the 5-Star and I will not be willing to give 20 billion each year to the EU, Di Maio said in a video posted on Facebook."
Lithuania says will not appeal European court ruling over CIA torture jail (euractiv, link):
"Lithuania on Wednesday (22 August) said it would not appeal a European court ruling that the Baltic state had been complicit in a clandestine CIA programme by holding terror suspects at a secret detention site on its territory.
We decided it would make no sense to appeal to the Great Chamber because there are no legal criteria for that, government official Karolina Bubnyte Sirmene told AFP.(...)
The European Court of Human Rights ruled in May that Lithuania hosted a secret prison from February 2005 to March 2006, when CIA operatives held Abu Zubaydah, considered a top Palestinian operative for Al-Qaeda.
The EU and NATO state was ordered to pay 100,000 in damages to Zubaydah for enabling US authorities to subject him to inhuman treatment."
See Statewatch Observatory on CIA rendition
Polands deportation of human rights activist: The back story (euractiv, link):
"The expulsion from the Schengen zone of Lyudmyla Kozlovska, a Ukrainian human rights activist, was due to serious doubts regarding funding of her organisation, Polands Internal Security Agency said on Monday (20 August).
The president of the Open Dialog Foundation (ODF) was apprehended at Brussels airport on 13 August and told by security staff that she was on a list of people banned from entering the Schengen zone."
UK: Misconduct Charges Against Hillsborough Police Chief Sir Norman Bettison Dropped (Huffpost, link)
EU: Schengen and AFIS
The Council of the European's Working Party for Schengen Matters is considering: Automated Fingerprint Identification System (AFIS) component of the Schengen Information System (SIS) - Procedure for matches on fingerprints (LIMITE doc no: 11527-18, pdf)
A call for an international right of hospitality on World Humanitarian Day by Etienne Balibar (Open Democracy, link):
"In the current situation there is a crying need to limit the arbitrariness of States by confronting them with legitimate and internationally recognized counter-powers. (...)
The States transform the mass of migrants into refugees without refuge, hunted from one camp to another."
Council of Europe: State of democracy, Human Rights and the Rule of Law: Role of institutions - Threats to institutions (pdf): Annual report from the Secretary General:
"Our human rights, democracy and the rule of law depend on the institutions that give them form. But for populists, who invoke the proclaimed will of the people in order to stifle opposition, these checks and balances on power are often seen as an obstacle that should be subverted. This years report finds nascent trends illuminated by alarming examples of exactly this. There have been attempts to undermine institutions at the European level, namely the Council of Europe and the European Court of Human Rights themselves, and at the level of member states which, under the principle of subsidiarity, are at the vanguard of upholding our laws, standards and values."
Spain: European Commission: Schengen evaluation on returns
The European Commission has published: Proposal for a Council Implementing Decision on setting out a recommendation on addressing the deficiencies identified in the 2017 evaluation of Spain on the application of the Schengen acquis in the field of return (LIMITE, COM 2018/300, pdf)
EU: Visa Information System: Commission proposals sneak in mandatory biometrics for long-stay visas
EU rules on visa processing oblige all applicants for short-stay visas to provide a variety of personal data, including a photograph and scans of all ten fingerprints, for storage in the central database of the Visa Information System (VIS). Regarding long-stay visas, it is up to Member States to decide what information is taken from applicants - but recent proposals to revamp the VIS include a provision that would introduce a mandatory biometrics requirement. There has been no attempt to demonstrate the necessity or proportionality of this proposal
UK: Sandhurst: Police to investigate 'waterboarding' claims (BBC News, link):
"Military police are investigating claims that two cadets "waterboarded" a fellow recruit at Sandhurst.
The Sun reported two officer cadets allegedly held down an individual, covered his face with a cloth and poured water over it, creating the sensation of drowning.
The alleged incident is said to have taken place on 7 August.
Deputy Commandant of the Royal Military Academy in Surrey Brig Bill Wright said he was "aware of the allegations".
He said he expected "the highest standards of behaviour at Sandhurst" and had therefore "ordered an investigation by the Royal Military Police".
Anyone found to have "fallen short" of those expectations would be "dealt with robustly" - and could be dismissed, he added."
EU/UK Dispute resolution post-Brexit in the light of the White Paper (EU Law Analysis, link):
"The recent report published by UK in a Changing Europe discussed different governance structures that could potentially regulate UK-EU relations post-Brexit. The now published White Paper provides insight into the sort of institutional framework the UK will seek from the EU upon its withdrawal. Is there merit in the UKs proposals? Are there alternatives? We look into the options for the dispute resolution mechanism post-Brexit."
UK-BREXIT: A New Leak Reveals The Government's "No Deal" Brexit Papers Will Cover 84 Areas Of British Life (Buzzfeed, link):
"Papers on the consequences of leaving the EU without an agreement will cover topics from broadcasting to blood safety, according to a list seen by BuzzFeed News."
EU: All visa applicants to be profiled and children fingerprinted for revamped Visa Information System
All applicants for short-stay Schengen visas will be automatically profiled by a set of "risk indicators" and children from the age of six and up will be fingerprinted, if the European Commission's proposals for the Visa Information System (VIS) are agreed as foreseen.
UPDATED: EU fears its Brexit talks are being bugged by British secret agents trying to obtain sensitive files (Daily Telegraph, link):
"The European Union's Brexit negotiators fear that they are being bugged by the British secret service after the UK obtained sensitive documents "within hours" of them being presented to a meeting of EU officials last month, The Telegraph understands.
A highly placed EU source revealed the security concerns as British negotiators were set to return to Brussels on Thursday to resume Brexit talks.
The two sides remain far apart on the key issues of customs arrangements and Ireland, with Latvia's foreign minister warning on Wednesday that the risk of a 'no deal' outcome was now "50-50"."
Statewatch Director, Tony Bunyan, comments: "The UK agency that is capable of obtaining secret documents is GCHQ. While one of their role is gathering military intelligence they as less open about the gathering of what they call "diplomatic" intelligence from "friendly countries" which they have been doing for decades."
See for example: Britain spied on UN allies over war vote - Security Council members 'illegally targeted' by GCHQ after plea from US security agency (The Observer, 8-2-2004, link): "Britain helped America to conduct a secret and potentially illegal spying operation at the United Nations in the run-up to the Iraq war, The Observer can reveal."
Ministers stay away as Brexit officials resume talks on Irish border (euractiv, link):
"EU and UK officials cut short their summer holidays to resume Brexit talks in Brussels on Thursday (16 August). The two days of technical meetings will focus on the Northern Irish border and future trade relations but officials indicated that there was little chance of a breakthrough.
New Brexit Secretary Dominic Raab and his EU counterpart Michel Barnier did not attend the talks."
EU urged to step in after Romania protests led to violence (Guardian, link): "European commission called on to defend rule of law in wake of injuries at protests,"
UK: Police officer who arrested Rashan Charles cleared of misconduct (Guardian, link):
"Officer criticised for basic failings in arrest of 20-year-old who died in east London.
The police officer who arrested and detained Rashan Charles before his death has been cleared of misconduct, although the police watchdog said he had failed to perform his role satisfactorily.
Charles died last year after he was chased by officers into a shop in Dalston, east London. The 20-year-old swallowed a package of paracetamol and caffeine as he was detained, and a postmortem found that it blocked his airway, causing a heart attack.
On Wednesday the Independent Office for Police Conduct (IOPC) found that while the officer, known only as BX47, had made some mistakes, he was not guilty of misconduct.
The family are extremely disappointed by the findings. The solicitor who represents the family, Imran Khan QC, said: We are actively considering challenges to the decision."
G20 in Hamburg: Data protection commissioner considers face recognition illegal (link)
"The Hamburg police have been researching facial analysis software for several years, which was then used for the first time after the G20 summit. The technology accesses the nationwide INPOL file for criminal offenders maintained by the Federal Criminal Police Office. The detection rates are meagre, but the system is still to be used permanently in Hamburg for the processing of major events."
Niger suppresses dissent as US leads influx of foreign armies (Guardian, link):
"the 800 US defence personnel in Niger are not alone. They are one of four western armies that have installed themselves in the vast desert landscape, variously flying armed drones, hunting militants, building vast bases, controlling migration and collecting intelligence from the region.
This is what the April protest was about."
Romania to probe alleged police violence at protest (euractiv, link):
"Romania has opened an enquiry into alleged police violence at a mass anti-corruption protest against the leftwing government last week where hundreds were injured, military prosecutors said Monday.
Around 80,000 people -many of them, Romanians living abroad- demonstrated late Friday (10 August) in Bucharest, accusing the government of corruption and urging it to resign.
Police used water cannon, tear gas, pepper spray and batons to disperse the crowd. More than 450 people, including 30 police, were hurt and around 30 arrested, leading to widespread criticism."
Refugee crisis: latest news from across Europe (10.8.18)
EU: Keeping the public in the dark: Council working parties will keep no minutes of meetings on next EU budget
The EU is heading for major new developments with the Commission's proposals for massively increased justice and home affairs budgets for the 2021 to 2027 period, but it seems that some things never change - transparency in the Council is set to be kept at an absolute minimum.
UN human rights chief: Trump's attacks on press 'close to incitement of violence' (Guardian, link)
Exclusive: Zeid Raad al-Hussein, who steps down this month, says US presidents rhetoric echoes that of the worst eras of the 20th century."
Germany seals deal with Spain to return registered asylum seekers (euractiv, link):
"Berlin and Madrid finalised an agreement on Monday (6 August) that will see asylum seekers that reach Germany via Spain returned to the Iberian nation.
Interior ministers of both countries signed the declaration and it will enter into force next Saturday (11 August) after Angela Merkel and Pedro Sánchez first settled on an agreement during the June EU Council summit.
German authorities will be able to send migrants back to Spain within 48 hours and will take care of the cost of the transfer. Spain will then proceed with their asylum applications. Non-accompanied minors are excluded from the agreement and will remain in Germany."
EUs top court backs copyright holder in landmark ruling (euractiv, link):
"Users who publish content freely available on the internet should get consent from the person behind it, Europes top court ruled on Tuesday (7 August) in a boost to the blocs creative industries.(...)
The Court of Justice of the European Union (ECJ) ruling came after a secondary school student in Germany downloaded a photograph of Cordoba from a travel website to illustrate a presentation which was then published on the school website.(...)
The posting on a website of a photograph that was freely accessible on another website with the consent of the author requires a new authorisation by that author, judges said.
By posting on the internet, the photograph is made available to a new public, they said.
Judges said posting a work online was different from hyperlinks which lead users to another website and thus contribute to the smooth functioning of the internet."
See: The posting on a website of a photograph that was freely accessible on another website with the consent of the author requires a new authorisation by that author (CJEU Press release, pdf)
UK-EU: Schengen data fiasco - UK responsible for "very serious deficiencies" in its use of SIS
On 1 August 2018 the Council of the European Union circulated: Commission Implementing Decision establishing the report of the 2017 evaluation of the United Kingdom on the application of the Schengen acquis in the field of the Schengen Information System (LIMITE doc no: 11474-118, pdf) which concluded that:
"the Presidency invites the delegations to confirm on 3 September 2018 (Working Party for Schengen Matters (Schengen Evaluations)) that the evaluation process should continue. On this basis, the Presidency will suggest that Coreper recommends, as a I/A-item, that the Council invite the Commission to present a proposal for a Council Implementing Decision setting out a recommendation to address the very serious deficiencies identified in the evaluation of the United Kingdom in view of fulfilling the conditions necessary for the application of the Schengen acquis in the field of the Schengen Information System, pursuant to Article 15 of Regulation (EU) No 1053/2013."
Eurojust - Tunisia: Strategic Agreement
Eurojust: Eurojust's plans for commencing negotiations with a view to entering into a strategic agreement with Tunisia (Limite doc no: 11407-18, 27 , pdf).
UK-BREXIT: No-deal Brexit poses serious risk to public safety, say police leaders - Exclusive: leaked letter warns home secretary of significant loss of operational capacity (Guardian, link):
"A no-deal Brexit poses a substantial risk to public safety, with police officers instantly losing vital access to cross-border investigative powers and databases, the home secretary has been told in a letter from the national body of police and crime commissioners.
In the leaked document marked official sensitive the police leaders urge Sajid Javid to immediately draft contingency plans, warning that officers faced a significant loss of operational capacity should the UK crash out of the EU in March."
UK: ICPO inquiry into bulk collection of data
The new Investigatory Powers Commissioner's Office is carrying out an inquiry bulk collection and has had Responses to the IPCs request for submissions on bulk powers which include:
""The uses of bulk secondary data illustrated in the Bulk Powers Review make no claim to be limited to ascertaining whether an individual is inside or outside the British Islands. The uses go far wider than that."
The CJEU and the rule of law in Poland: Note on the Polish Supreme Court preliminary ruling request of 2 August 2018 (EU law Analysis, link):
" On Thursday the Polish Supreme Court submitted to the European Court of Justice a preliminary ruling request under Article 267 TFEU. While doing so it also suspended the application of a Polish law forcing the early retirement of Supreme Court justices who are above 65 years old, including the President of the Supreme Court whose mandate is guaranteed by the Polish Constitution. This is a challenge to the Polish governments changes to the judiciary, on the grounds that it violates the rule of law."
Refugee crisis: latest news from across Europe (3.8.18)
Council of the European Union: Radicalisation, LEA Practical Advisor and JHA Working groups
Radicalisation: High Level Commission Expert Group on Radicalisation - final report: Follow up and work ahead (LIMITE doc no: 10239-18, pdf):
"After nine months' work the group delivered its final report3 on 18 May 2018 thereby completing its mandate. It was presented to the JHA-Council of 5 June 2018, as well as to the Terrorism Working Party on 11 June 2018. It will be further discussed under the Austrian Presidency.
Proposal for a Practical Advisor for Law Enforcement Information Exchange (LIMITE doc no: 6243-REV-!-18, pdf): With detailed six-column charts.
List of Council preparatory bodies (Doc no: 10925-18, pdf):: Justice & Home Affairs on p12.
Matteo Salvini not welcome in Mallorca over anti-immigrant stance - Spanish island declares Italys far-right interior minister persona non grata (Guardian, link):
"The Spanish island of Mallorca has declared Italys far-right interior minister, Matteo Salvini, persona non grata as a result of his vitriolic stance against immigrants and the Roma community.
The motion, presented by the leftwing Podemos, the Balearic Islands branch of the Socialist party (PSIB) and the Més Per Mallorca coalition, was approved by authorities on the popular holiday island."
EU: Frequently Asked Questions on the European Public Prosecutor's Office (pdf):
"On 8 June 2017, 20 EU Member States reached a political agreement on the establishment of a new European Public Prosecutor's Office under enhanced cooperation. The Regulation establishing the European Public Prosecutor's Office was adopted by the Justice and Home Affairs Council of 12 October 2017 and entered into force on 20 November 2017."
Migrants' return to Libya by Italian boat could breach international law UN - Vessel may have broken international law by returning 108 people rescued from Mediterranean to Tripoli (Guardian, link):
"An operation in which an Italian towboat rescued more than 100 people in the Mediterranean and returned them to Libya may have been in breach of international law, the United Nations has said.
According to the Spanish charity Proactiva Open Arms, the Asso 28, an oil rig support vessel, rescued 108 people from international waters on Monday and took them to Libya, their country of departure.
If confirmed, this would constitute a breach of international law, under which migrants rescued in international waters cannot be returned to a place where their lives are put in danger. Both the United Nations and European Union have acknowledged that Libya is not safe."
Surveillance laboratory Südkreuz - Another pilot project to monitor travellers is starting at a Berlin train station (link)
"The German Federal Police is testing the use of technology at Berlins Südkreuz railway station to detect and intervene in conspicuous behavior. Hazardous situations are defined for this purpose, which are then to be automatically identified with the aid of intelligent video analysis systems.
In response to a written question, the Federal Ministry of the Interior provides more detailed information on the six scenarios to be identified for the first time. For example, the technology should classify suitcases that stand around unattended for a long time as suspicious objects. Persons who behave conspicuously or enter blocked areas are also be reported."
UK: Home Office misled court about treatment of child refugees from Calais, judges find - Appeal court rules not giving reasons for refusal to join families in UK was unlawful (Guardian, link):
"The government materially misled the high court about its treatment of child refugees who applied for safe passage to the UK from Calais, giving incomplete evidence that was a serious breach of the duty of candour and cooperation, the court of appeal ruled on Tuesday.
Judges said the process used to assess about 2,000 children before and after the clearance of the makeshift refugee camp in 2016 was unfair and unlawful."
See: Judgment (pdf)
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