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18th year reporting on civil liberties and the state in the European Union (updated 30.5.16)  Editor: Tony Bunyan  Bookmark and Share


25 JUNE 2016: STATEWATCHING EUROPE: European conference marking Statewatch's 25th anniversary


May 2016

HOTSPOTS: ITALY: Standard Operating Procedures (SOPs) applicable to ITALIAN HOTSPOTS (pdf): "The SOPs for ITALIAN HOTSPOTS have been drafted by the Italian Ministry of the Interior, Department for Civil Liberties and Immigration, and Department of Public Security. The European Commission, Frontex, Europol, EASO, UNHCR and IOM provided valuable contributions to the preparation of this document. The procedures indicated in this document should be used as an operational guide for activities organised within Hotspots. In the event of discrepancies between this document and current legislation, the latter shall apply."

Official document on how the "hotspots" in Italy are supposed to function in practice, which agencies and institutions are involved, and what their different roles are. See also the same document in Italian: STANDARD OPERATING PROCEDURES (SOP) applicabili agli HOTSPOTS ITALIANI (pdf) and a presentation on how the relocation scheme is supposed to work (also in Italian): L’hotspot approach e la relocation (pdf)

And see: Refugee crisis: latest news from across Europe (30.5.16)

EU: Annual reports for 2015: Fundamental Rights Agency and European Ombudsman

The EU's Fundamental Rights Agency and the European Ombudsman have both recently released annual reports detailing their work and areas of interest in the course of 2015.

EU: Action on pre-trial detention?

"A cross-party group of four MEPs has written a letter to Vera Jourová, the EU Commissioner for Justice, Consumers and Gender Equality, to urge action on pre-trial detention practices within the EU.

In the letter, the MEPs (Dennis de Jong, MEP, Birgit Sippel, MEP, Judith Sargentini, MEP, Nathalie Griesbeck, MEP) highlighted some of the problems around the practice of pre-trial detention in the region, including the issues raised in the recent Aranyosi and Caldararu cases. The letter concluded by urging the Commissioner to take a number of steps:

See: MEPs and Fair Trials call for end to unjustified pre-trial detention (Fair Trials, link) and Fair Trials' recent report: Policy Report: Pre-Trial Detention in the EU (link)

EU Commission under investigation for EU Internet Forum documents (EDRi, link): "In the past year, EDRi made numerous formal requests to get more information about the EU Internet Forum. This Forum was set up by the EU Commission to persuade companies to do “more” to fight terrorism. After months of obstruction from the European Commission, EDRi made a maladministration complaint to the European Ombudsman. As a result, a formal inquiry has been launched.

Privatised censorship

The problem: The action points agreed with online companies in secret meetings of the Forum may have a direct negative impact on our freedom of expression. Why? Because one of the topics that is being discussed is the censoring of online content by private companies – without any judicial process."

See: The Commission wrongly refused full access to the note of 10 June 2015 and to the concept note (access request GestDem 2015/3658) (European Ombudsman, link)

EU: Ombudsman to examine Commission evaluation of Special Advisers (European Ombudsman, link): "The European Ombudsman, Emily O'Reilly, has opened a strategic inquiry into how the European Commission carries out conflict of interest assessments for its Special Advisers.

The Commission has approximately 40 Special Advisers, chosen because they can provide particular expertise, as it is needed, directly to a Commissioner. This high-level access, coupled with the fact that many of the advisers have outside interests, heightens the importance of anticipating any possible conflict.

The aim of the inquiry, opened following individual complaints related to Special Advisers, is to ensure that rules are sufficiently robust in order to avoid inappropriate influence on policy-making. An Adviser's mandate and their outside activities should be fully clarified before appointment, while conflict of interest assessments should be updated if the person takes up a new outside activity."

And see: Letter to the European Commission opening the European Ombudsman's strategic inquiry OI/6/2016/AB concerning rules and practices to prevent possible conflicts of interest of Special Advisers (link)

Refugee crisis: latest news from across Europe (28-29.5.16)

Europol to cooperate with new European intelligence service center (digit.site36.net, link):

"European intelligence services are establishing a „Counter Terrorism Centre“ in the Dutch city The Hague. The centre belongs to the „Counter Terrorism Group“ (CTG) that was founded by the so called Club of Berne in 2001. It consists of domestic intelligence services from all European member states plus Norway and Switzerland. France and Italy are participating with two different authorities. ....

The proposal for the intelligence centre, which according to a Europol report will start its services on the 1st of July, came up after the Paris attacks from 13th November last year. A few days later the heads of the services met for an extraordinary session and concluded to set up a common „platform“ in The Hague...."

See: Enhancing Europol’s counter terrorism capabilities: European Counter Terrorism Centre (ECTC) at Europol (LIMITE doc no: 8881-16, pdf)

UK: The Undercover Policing Inquiry: institutional failings and the urgent need for reform (Manchester Policy Blogs, link): "Public concern with policing has continued to gather momentum in recent years: instead of questioning whether British police services are fit for purpose, it may now be more pertinent to ask what is to be done about it. Despite repeated warnings by the Home Secretary about ineffective and inadequate police performance amidst a raft of reforms intended to professionalise and create a new cadre of leaders, public criticism has risen to a crescendo.

The signs are that the Pitchford Inquiry will contribute significantly to the growing clamour for reform of a police service that has become toxic.

The Home Secretary appears determined not to deviate from her by now well-trodden path as she broadened her call for a more caring and sensitive service in her address to the Police Federation last week. On their own, Ministerial addresses are unlikely to result in meaningful change and the time is ripe for a broad coalition to demand root and branch reform of the police and a criminal justice system designed for Victorian times."

UK-MIDDLE EAST: UK covert ops in Middle East can't stay secret forever, says top Tory MP (Middle Easy Eye, link): "A senior Conservative MP has told Middle East Eye that parliament should have oversight of covert military operations in the Middle East, after news emerged that elite SAS troops have been battling the Islamic State group in Libya.

Crispin Blunt said he understood why the British public may think the UK is engaged in a secret war across the region, as more and more reports emerge of covert military operations against IS.

“The longer it goes on you can’t keep these things secret forever,” he said. “If you’re running a strategy and you’re using special forces to do it – and you’re doing it over a prolonged period – you’ll get into the position we’re getting into now, which is that there is a consistent pattern of open source reporting on it.”

Over the past year the UK has been reportedly carrying out covert military operations in Yemen, Syria, Iraq, and Libya - with the latest report on Thursday by the Times.

The newspaper reported that SAS troops were spotted by local Libyan fighters earlier in May blowing up an IS vehicle laden with explosives near the port city of Misrata.

The Times report came just two days after Defence Secretary Michael Fallon said the UK had "no plans" to deploy troops to Libya in a combat role."

And see a new briefing by the Remote Control project: We need greater transparency on UK military operations in Libya (pdf) by Emily Knowles: "Official government statements suggest that the UK military operation in Libya both began and ended with the 2011 NATO mission. However, research undertaken and commissioned by Remote Control suggests that this is only true if you take a very narrow view of what counts as a UK military operation. Since 2011, information has been slowly surfacing about the extent of ongoing covert UK engagement, including several waves of special force deployment, the presence of undisclosed numbers of military advisers, intelligence gathering operations, potential drone operations, and the recent approval of the use of UK air bases in US air strikes against ISIS."

EU: Wording of whistleblower provisions in Trade Secrets Directive changed at last minute behind closed doors

"Today, unfortunately, the controversial Trade Secrets directive was formally adopted by the Council, but only after several delays due to disagreements over how specifically to translate a key provision in the text: the word "wrongdoing". This confusion at such a late stage in the democratic process clearly shows that specific EU legislation to effectively protect those that disclose public interest information, is desperately needed."

European bar and law societies demand protection of professional secrecy, citizens' rights and the rule of law

From the press release: "On 20 May 2016, at its Plenary Session in Lyon, the CCBE published its recommendations on the protection of client confidentiality within the context of surveillance activities. These recommendations aim not only to protect and ensure the fundamental principles of professional secrecy and legal professional privilege, but more importantly to protect citizens’ rights and the rule of law.

Client confidentiality is a core component of the legal profession, as highlighted in the CCBE Code of Conduct, which says that “the lawyer’s obligation of confidentiality serves the interest of the administration of justice as well as the interest of the client. It is therefore entitled to special protection by the State.”

The purpose of this paper is therefore to inform legislators and policy makers about the standards that must be upheld in order to ensure that professional secrecy and legal professional privilege are not undermined by surveillance practices undertaken by the state."

Press release (pdf): English, French and: CCBE Recommendations on the protection of client confidentiality within the context of surveillance activities (pdf): English, French

The recommendations cover: 1. Overarching principle; 2. Need for legislative control; 3. Scope of admissible interception; 4. Judical and independent oversight: Nature of oversight - Mandate of the oversight body - Powers of the oversight bodies; 5. Use of intercepted material; 6. Legal remedies and sanctions.

Council of Europe: PACE condemns human rights violations during peaceful protests (PACE, link): "The PACE Standing Committee, meeting today in Tallinn, expressed its concern at the frequent use of excessive force against peaceful demonstrators and at the recent legal restrictions on the right to freedom of assembly in several member States, in particular:

- in Turkey, where a security law was enacted, extending police powers and allowing them to use fire arms;

- in Spain, with the adoption of a law on citizen’s security, which institutes heavy fines against organisers of spontaneous protests;

- in the Russian Federation, with an amendment to the law on public gatherings which permits the detention of any person participating in an unauthorised public assembly.

It is also concerned at the lack of legislation on freedom of assembly in some countries, for example Ukraine."

And: Resolution 2116(2016): Urgent need to prevent human rights violations during peaceful protests (pdf)

GREECE: Idomeni evacuation: process denounced, consequences and next steps

Major NGOs and numerous independent voices have criticised the clearance of the Idomeni camp in northern Greece, whilst others have highlighted the consequences of the decision and the Greek government makes plans to clear the Elliniko camp in Athens next.

And see: Refugee crisis: latest news from across Europe (27.5.16)

CROATIA: Remove revisionist policies from the Croatian Government! (European Alternatives, link): "The European Grassroots Antiracist Movement, in collaboration with Croatian artists and intellectuals, drafted a call to denounce the presence of Mr Hasanbegovic in the Croatian government as the Minister of Culture. The call already collected 183 signatures from 35 countries, including Beate and Serge Klarsfeld, Judith Butler, Annette Wieviorka or Ursa Raukar and some of the main European newspapers (Libération in France, Neues Deutschland in Germany or The Guardian) have responded to the call.

(...)

Croatia has been expected to respect and promote the core values of democracy, such as equality and social inclusion, which have been key in guaranteeing stability and peace in Europe.

However, the new Croatian Government is evidently failing its obligations and responsibilities to these very basic values. The Croatian Prime Minister Mr. Tihomir Oreškovic named Mr. Zlatko Hasanbegovic to the post of Minister of Culture. Mr. Hasanbegovic is a historian well known for his controversial, revisionist views of the recent Croatian history throughout his 20 years of public work. He recently publicly claimed that the defeat of Ustasha in 1945 was the greatest national tragedy and has also publicly glorified and advocated rehabilitation of Husein ef. Ðozo, who served in the 13th Waffen Mountain Division of the SS Handschar. It has been recently discovered that he was an external contributor to the magazine “Independent State of Croatia“ (a Quisling regime run by the Ustaša), praising Nazi values and heroes. In 1996, Hasanbegovic wrote at least two articles for the monthly which propagated the work and the political ideas of Ante Pavelic and systematically denied the crimes committed by the fascist Independent State of Croatia. Last year, Hasanbegovic labelled anti-Fascism as an empty phrase."

EU: Rethinking security... or not

The Ammerdown Group, which "brings together peacebuilding practitioners and academics concerned about the effects of geopolitics on the security of people worldwide," argue in a new discussion paper that a "more secure future for all depends on finding new answers to fundamental questions: what does ‘security’ mean, whom should it benefit, how is it achieved, and whose responsibility is it?" Meanwhile, the 2016 edition of the EU's annual Security Research conference is coming up soon, displaying very little - if any - sign of the type of discussions that the Ammerdown Group argue are necessary.

UK: Unlawful imposition of curfews on migrants overturned by courts

"Officials for the Home Office said during the case that they had “assumed” they had the power to impose curfews. When it was shown that they don’t have this power, they instigated a change in policy while the case was ongoing, by which they would ask the judge in the bail hearing to impose the curfew. However, it is not clear if the Home Office ever did this in practice. Now that the judgment in Gedi has been handed down, it has confirmed there is no legal authority to impose curfews as part of bail conditions."

SPAIN: Andalucian Association for Human Rights confirms an increase in arrivals and deaths at the southern border during 2015

Last month the Andalucian Association for Human Rights released a report, 'Human Rights at the Southern Border 2016', which documents and analyses the situation for migrants and refugees at the southern borders of Spain. The organization condemns the increasing number of deaths "resulting from the immoral migration policies than confine people in countries immersed in war and hunger."

And see: Refugee crisis: latest news from across Europe (27.5.16)

EU: MEPs call for virtual currency watchdog to combat money laundering and terrorism (press release, pdf): "The EU Commission should set up a taskforce to monitor virtual currencies, like Bitcoin, to prevent their being used to launder money or finance terrorism, said Parliament in a non-binding resolution voted on Thursday.

The proposal, set out in a resolution drafted by Jakob von Weizsäcker (S&D, DE) suggests that the taskforce, which would be overseen by the Commission, should build expertise in the underlying technology of virtual currencies. It would also be tasked with recommending any necessary legislation, but the text warns against taking a heavyhanded approach to this new technology which, it says, can offer significant opportunities for the consumer and economic development.

"To avoid stifling innovation, we favour precautionary monitoring rather than pre-emptive regulation. But IT innovations can spread very rapidly and become systemic. That's why we call on the Commission to establish a taskforce to actively monitor how the technology evolves and to make timely proposals for specific regulation if, and when, the need arises", said Mr von Weizsäcker."

The resolution: European Parliament resolution of 26 May 2016 on virtual currencies (2016/2007(INI)) (pdf)

EU: “Terrorist material” online: further successful removal requests by Europol (Die Linke, link): "Europol’s Internet Referral Unit is more active than had previously been known. The partnership with the internet industry is now to be expanded further, with the aim of establishing a Joint Referral Platform for the police and private companies and developing “counter-narratives”."

See the document in question: NOTE from: Europol to: Standing Committee on Operational Cooperation on Internal Security: Enhancing Europol's counter terrorism capabilities: European Counter Terrorism Centre at Europol (8881/16, 13 May 2016, pdf)

UK: POSTnote on "Islamic extremism, radicalisation and deradicalisation, and the policy responses to violent and non-violent extremism"

"Overview

See: POSTnote: Addressing Islamic Extremism (pdf)

UK: Criminal justice system in serious trouble

"The criminal justice system in England and Wales is failing victims and witnesses and is close to "breaking point", MPs have warned.

The Public Accounts Committee (PAC) said the system was "bedevilled by long-standing poor performance, including delays and inefficiencies".

The committee's report also warned that cutbacks were affecting the ability of courts to deliver justice.

The Ministry of Justice said it would "reflect on the recommendations"."

See: Criminal justice system near breaking point, MPs warn (BBC News, link)

Full report of the Public Accounts Committee: Efficiency in the criminal justice system (pdf)

Refugee crisis: latest news from across Europe (26.5.16) Including outrageous and disturbing reports from the Idomena "clear-out"

European Parliament Study: Cross-border placement of children in the European Union (pdf):

"This study, commissioned by the Policy Department for Citizens' Rights and Constitutional Affairs at the request of the JURI Committee, explores the range and nature of problems linked to the cross-border placement of children and to the application of article 56 of the Brussels IIa Regulation. Based on an analysis of the practice in 12 Member States and European case law, it identifies a number of shortcomings in the current legislative framework. Looking ahead to the recast of
Brussels IIa, the study sets out recommendations to remedy some of the weaknesses, such as clarifying the respective tasks of the Member States involved in cross-border placement cases and facilitating the recognition and enforcement of cross-border placement orders."

Denmark: creating a hostile environment (IRR News, link): "Nearly 300 people face criminal charges for aiding refugees in Denmark in September 2015, and the government continues to create a hostile environment by cracking down on migration." and

Solidarity criminalised: an interview with Reem El-Awwad (link):"Below we interview a member of the Danish group MedMenneskeSmuglerne (With the Human Smugglers), about the criminal charges of ‘human trafficking’ those who acted in solidarity with refugees now face."

SPAIN: Fined with the Gag Law for carrying a bag with the face of a cat and the abbreviation A.C.A.B.

Belén Lobeto was returning to her house in Madrid last Sunday when she was stopped by two police officers who asked for her documentation and subsequently said they were going to fine her. The motive: a black fabric shoulder bag bearing the face of a cat and the abbreviation A.C.A.B, along with the words "All Cats Are Beautiful". The police's report stated that the abbreviation signifies "All Cops Are Bastards".

European Commission: Infringement Notices: Commission requests HUNGARY to put an end to the discrimination of Roma children in education (link)

"The European Commission is requesting Hungary to ensure that Roma children enjoy access to quality education on the same terms as all other children and urges the government to bring its national laws on equal treatment as well as on education and the practical implementation of its educational policies into line with the Racial Equality Directive (Council Directive 2000/43/EC). This Directive prohibits discrimination on grounds of racial or ethnic origin in education. The Commission has a number of concerns in relation to both Hungarian legislation and administrative practices which lead to the result that Roma children are disproportionately over-represented in special schools for mentally disabled children and also subject to a considerable degree of segregated education in mainstream schools. The aim of the Commission's action is to ensure for Roma children an equal access to education which is a determining factor for employment opportunities and thus an indispensable component of working towards full Roma inclusion.

The Commission has sent letters of formal notice to two other Member States, the Czech Republic and Slovakia, in relation to similar issues in the recent past. If Hungary fails to reply in a satisfactory manner within two months, the Commission may send to the Hungarian authorities a reasoned opinion."

EU-USA: DATA PROTECTION: Model clauses in jeopardy with Irish DPA referral to CJEU (The Privacy Adviser, link):

"International data flows between the U.S. and EU may have taken yet another hit late Tuesday with news that the Irish Data Protection Commissioner is planning to refer a case to the Court of Justice of the European Union to determine whether Facebook can use standard contractual clauses, also often called model clauses, to transfer data out of the EU....

According to a press release from Europe-v-Facebook the Max Schrems-led group that brought both the Safe Harbor and current complaint to the Irish DPA, “Under current CJEU case law, it is highly unlikely that Facebook Ireland could … continue sharing data with the U.S. authorities.”

See: Press Release: Facebook & NSA-Surveillance: Following “Safe Harbor” decision, Irish Data Protection Commissioner to bring EU-US data flows before CJEU again (pdf): "Yesterday night, we were informed that the Irish Data Protection Commissioner (DPC) is planning to refer to the Court of Justice of the European Union (CJEU) to determine if Facebook can continue to transfer data from the EU to the US after the invalidation of the “Safe Harbor” system by the Court on October 6th 2015 and given continues application of US mass surveillance laws."

European Parliament confirms that “Privacy Shield” is inadequate (EDRI, link)

"The European Parliament has adopted a Resolution on the “Privacy Shield”. This is the new agreement to permit data to be transferred from the EU to the USA. The previous agreement – “Safe Harbour” – was overturned by the European Court of Justice in October 2015. The Parliament’s resolution confirms that the new agreement has no chance of being upheld, if challenged at the Court of Justice of the European Union, said Joe McNamee, Executive Director of European Digital Rights.:"

Refugee crisis: latest news from across Europe (25.5.16)

Hillsborough: how one academic kept the ‘truth’ from being hidden (bellacaledonia.org.uk, link) by Margaret Malloch and Bill Munro:

"How can academics put their research at the service of correcting great injustices? Phil Scraton and his work for the Hillsborough campaign offers a powerful example, write Margaret Malloch and Bill Munro.

There has been a justifiable amount of attention on the recent outcome of the inquests into the 96 men, women and children who lost their lives as a direct result of events at Hillsborough Football Ground on 15 April 1989. However, claims that ‘at last’, the truth ‘is out’ leave us somewhat troubled.

The ‘truth’ of what happened on that day has always been known – not least by the bereaved families, the survivors and many more besides. That ‘truth’, until now, has been officially erased, or at least hidden and replaced by a carefully constructed and long maintained lie."

UK: Judge rejects CPS attempt to overturn DSEI arms fair protesters acquittal (ibtimes.co.uk, link)

"A judge dismissed charges against protesters at an arms fair in east London who felt they were attempting to stop a "greater crime".

The Crown Prosecution Service (CPS) appealed against the acquittal of eight activists who demonstrated against the Defence Security and Equipment International (DSEI) event at the ExCel centre in London's Docklands in 2015. The protesters, accused of wilful obstruction of the highway after attempting to block entrance into the annual arms fair, believed they were preventing the sale of weapons that would abuse human rights in countries such as Yemen and Bahrain.

District Judge Hamilton has now rejected the CPS' appeal to have the acquittals overturned on the basis their argument was "frivolous" and "misconceived". He added: "The CPS application repeatedly significantly misrepresents the contents of the judgement delivered at the end of the case and therefore seeks to challenge the decisions reached on wholly erroneous bases.

"The very least the CPS should do is read the judgement fully and, if appropriate, frame their application based on what was actually decided rather than what they seem to believe was decided."

EU: Counter Terrorism: Council of the European Union: Strengthening cooperation on counter-terrorism threat analysis (LIMITE doc no: 8409-16, pdf): There is concern about the legal basis for sharing intelligence:

"The discussion showed divergences between Member States as to which role to give the EU in view of national positions and Article 4(2) TEU, in particular in relation to the sharing of intelligence information. Many delegations were positive towards the idea, whereas a number of delegations requested additional information and more details on a number of issues, such as the legal basis for such a joint threat assessment, methodology and which personal data would be exchanged. Others underlined the importance of avoiding duplication. The EU Counter-Terrorism Coordinator (CTC) supported the idea of a joint threat assessment."

and also where to draw the line between intelligence-gathering, analyses and operational roles: See EU INTCEN (pdf):

"EU INTCEN is the exclusive civilian intelligence analysis function of the European Union... EU INTCEN is not an operational agency and does not have any collection capability. The operational level of intelligence is the Member States’ responsibility. EU INTCEN deals only with strategic analysis...".

at the same time EU INTCEN "compliments" Member States' input by monitoring open sources:

"EU INTCEN deals only with strategic analysis. Its analytical products are mostly based on information provided by Member States’ security and intelligence services, but can also be complemented by open sources (media, websites, blogs etc.), diplomatic reporting, consular warden networks, international organisations, NGOs, CSDP missions and operations, the EU Satellite Centre, visits and field trips." [emphasis added]

See also:
EU to enhance terrorism "threat assessments" as Counter Terrorist Group moves towards "real time information exchange"

EU: European Data Protection Supervisor (EDPS): Data protection for the digital generation: the countdown to the GDPR begins (Press release, pdf):

"Giovanni Buttarelli, EDPS, said: "The GDPR is one of the EU's greatest achievements in recent years and a document of which it should be proud. However, our job is not yet complete. We must ensure that the GDPR is fully and effectively implemented and that we close the package with equally effective agreements on Regulation 45/2001 and the ePrivacy Directive. Only then will we be able to ensure that the EU upholds its promise of effective data protection for the digital age."

and Annual Report 2015 (pdf)

Refugee crisis: latest news from across Europe (24.5.16)

Detecting foreign fighters: the reinvigoration of the Schengen Information System in the wake of terrorist attacks (eumigrationlawblog.eu, link) by Niovi Vavoula, Queen Mary, University of London:

"Overall, there is no doubt that the terrorist attacks of 2015 helped to unblock a number of measures that would otherwise meet resistance and the SIS II is a prime example of the over-reliance to technological means. However, the nature of these measures fosters and deepens the intertwining of criminality with mobility and blurs the distinction between a citizen and a foreigner since immigration-type measures are increasingly favored to regulate their movement. In the past, such efforts found resistance (e.g. the inclusion of EU citizens to the PNR system), however, in the light of the recent events such objections evidently may be more easily curtailed. The conduct of systematic checks at the external borders for everyone may be only the first in an array of measures and perhaps signifies a shift from securitisation of migration to securitisation of mobility and the end of citizenship as we know it."

DENMARK: European Court of Human Rights: Danish legislation on family reunion is discriminatory (Press release, pdf):

"The case concerned the complaint by a naturalised Danish citizen of Togolese origin, Ousmane Biao, and his Ghanaian wife that they could not settle in Denmark. Notably, the Danish authorities refused to grant them family reunion as the couple did not comply with the requirement under the relevant domestic law (the Aliens Act) that they must not have stronger ties with another country, Ghana in their case, than with Denmark (known as the “attachment requirement”). They also omplained that an amendment to the Aliens Act in December 2003 – lifting the attachment requirement for those who held Danish citizenship for at least 28 years – resulted in a difference in treatment between those born Danish nationals and those, like Mr Biao, who had acquired Danish citizenship later in life."

and Judgment Full-text (pdf)

Austria elects Green candidate as president in narrow defeat for far right (Guardian, link):

"Alexander Van der Bellen, a former Green party leader running as independent, pips the Freedom party’s Norbert Hofer. A leftwing, independent candidate has narrowly prevented Austria from becoming the first EU country to elect a far-right head of state after a knife-edge contest ended with his opponent conceding defeat.

Alexander Van der Bellen, a retired economics professor backed by the Green party, defeated Norbert Hofer, of the anti-immigrant, Eurosceptic Freedom party, a day after polling closed and only when more than 700,000 postal ballots – about 10% of available votes – were taken into account."

EU and Poland in last minute talks on rule of law (euobserver, link):

"European commissioner Frans Timmermans is making a last minute trip to Warsaw on Tuesday (24 May), where he will meet with prime minister Beata Szydlo.

The two are expected to discuss possible solutions to the legal crisis that erupted last year in Poland. The Law and Justice (PiS) government had tried to appoint new judges to Poland’s constitutional court and pass a reform curtailing its powers. The court judged the steps to be unconstitutional, but the government hasn't recognised that ruling.

The European Commission had given Poland until Monday (23 May) to solve concerns over the rule of law. "

The shifting terrain for suspects’ rights in Europe – the right to legal assistance saga in the Netherlands (Fair Trials, link):

"On 22 December 2015, the Dutch Supreme Court handed down a judgment in which it held that, as of 1 March 2016, all suspects should have the right to be assisted by a lawyer when questioned by the police.[1] In earlier decisions in June 2009 and April 2014, the Court had recognized a right to consult with a lawyer prior to questioning, but stopped short of recognizing a right to have a lawyer present during questioning. The transition from the earlier judgements to the December 2015 one merits attention, as it sheds light on the shifting terrain for suspects’ rights in Europe, particularly as a result of the increasing grip of EU Roadmap Directives and ECHR jurisprudence upon national conceptions of fair trial rights."

UK: Metropolitan Police try to escape liability for shooting and death of Cherry Groce despite admitting "irreparable harm"

"The Metropolitan Police Commissioner is to argue that the family of Cherry Groce should not be permitted to pursue any claim against him for the irreparable harm caused to them as a result of the raid by armed police officers on their family home in 1985.

Mrs Groce was shot and seriously injured in front of her young children during the 1985 raid, and she died 26 years later in 2011 as a result of those injuries. In July 2014, an inquest jury found that the shooting – and her death – was the result of serious and multiple police failures on the part of officers across the ranks.

In the wake of the inquest, the Metropolitan Police Commissioner offered a personal apology for those failures. He said:

(...)

“Today, I apologise unreservedly for our failings... we, as an organisation, failed to meet those responsibilities and in doing so caused irreparable damage to a mother and her family.”

Notwithstanding that apology, the Commissioner is now seeking to avoid liability for the admitted irreparable damage caused to this family.

The hearing of his attempt to do so is due to take place before Mr Justice Jay at the High Court in the Royal Courts of Justice, London, commencing at 10.30am on Tuesday 24 May 2016."

See: Press release from Bhatt Murphy solicitors: Met Police seek to avoid liability to Cherry Groce's family for 1985 shooting (pdf)

UK: Police and faith alliance attacks counter-extremism bill (The Guardian, link): "David Cameron’s new counter-extremism legislation has been condemned by a powerful coalition of opponents, including the former police chief in charge of the government’s anti-radicalisation programme, who warns that it could actually fuel terrorism.

The multi-faith alliance of 26 organisations and prominent individuals includes Liberty, Index on Censorship, the National Union of Students, Runnymede Trust and the Muslim Council of Britain, along with individuals including Peter Fahy, ex-chief constable of Greater Manchester and a former policing lead for the Prevent programme."

See the statement: Counter-Extremism Bill: Leading civil liberties campaigners raise concerns with proposals (Big Brother Watch, link): "We are a cross section of British society who believe in the necessity of keeping our nation safe and secure.

To defeat the scourge of terrorism we need a strategy underpinned by a soaring confidence in our values and the society we seek to build together. As such, we are gravely concerned that the proposed Counter-Extremism and Safeguarding Bill will feed the very commodity that the terrorists thrive on: fear. We must instead put forward proposals that show those who seek to undermine us that we value our freedom more than they cherish fear.

Terrorism in all its forms is already prohibited by the criminal law, as is speech that incites violence or promotes hatred. This Bill would provide the Government with the power to exclude those they disagree with from many parts of the public space. These proposals will serve to alienate communities and undermine free speech, but there is scant evidence that they will tackle the terrorism we all want to confront.

The fact that the Government is struggling to define the ‘extremism’ it wants to ban should be a clear indication that this legislation has no place in a liberal democracy."

Refugee crisis: latest news from across Europe (23.5.16): supporting Sudan's post-Valletta Summit projects; condemnation of Germany's parliamentary voting for Tunisia, Morocco and Algeria as safe countries; ongoing ramifications of the EU-Turkey deal; and more.

EU: Europol report on the work of the European Counter Terrorism Centre

A report on the "state of play" of the European Counter Terrorism Centre, which started work in January this year. The report highlights the political background and context and moves on to the activities of the ECTC: a "continuous" increase of information on "foreign fighters" being inserted into FP Travellers and into the Europol Information System (EIS), along with an increased number of users (MI5 and the FBI are both highlighted as new users of the EIS); and 15,572 leads stemming from the EU-US Terrorist Finance Tracking Programme between 2015 up to April 2016.

The report also discusses: operational support activities (Taskforce Fraternité, EU Internal Referral Unit (IRU), Joint Liaison Team, secondary security checks in the migration hotspots in Greece); and "key strategic issues".

See: NOTE from: Europol to: Standing Committee on Operational Cooperation on Internal Security: Enhancing Europol's counter terrorism capabilities: European Counter Terrorism Centre at Europol (8881/16, 13 May 2016, pdf)

EU: Migration and border security top INTERPOL European meeting agenda (INTERPOL press release, link): "Addressing the border security challenges posed by an unprecedented number of migrants travelling to Europe is a key issue for senior law enforcement officials gathered at the 44th INTERPOL European Regional Conference.

Following the publication of the joint Europol-INTERPOL Report on Migrant Smuggling Networks earlier this week, delegates at the conference will hear from countries including Austria, Germany, Slovenia and the Former Yugoslav Republic of Macedonia as well as from the United Nations High Commissioner for Refugees on their experiences in tackling this phenomenon.

With the report highlighting that border controls influence key routes for migrant smuggling, ensuring frontline officers have access to INTERPOL’s capabilities in order to access vital policing information, particularly within the Schengen area, is an essential part of enhancing national, regional and global security."

See: MIGRANT SMUGGLING NETWORKS Joint Europol-INTERPOL Report (pdf) and speeches from the conference: Opening address by Jürgen Stock, INTERPOL Secretary General (pdf) and Closing speech by Mr Alexander PROKOPCHUK, INTERPOL Executive Committee Delegate for Europe (pdf)

UK: Can Inspection Produce Meaningful Change in Immigration Detention? (Global Detention Project, link): "Abtract: Although prison inspection in the United Kingdom has a long history, inspection of immigration detention was properly established only in 2004. Her Majesty’s Inspectorate of Prisons (HMIP), a government-appointed independent human rights-based monitoring institution, holds this responsibility. In this GDP Working Paper, a lead HMIP inspector discusses the nature and impact of the Inspectorate's work, examining both the theory and practice of inspection. The paper places the discussion in the broader context of prison reform and debates on migration and border controls. The author argues that in liberal-democratic societies there are two broad approaches to promoting human rights reforms and challenging abuses: working from the inside to achieve progress with the risk that principles may be compromised and good intentions confounded; or promoting change from the outside, which is more uncompromising but less influential, at least in the short-term. This is a dilemma that confronts human rights based inspection of immigration detention in the UK. The main focus of HMIP is on improving the treatment of detainees and conditions in detention, not challenging the system of detention, even if immigration detention policy arguably lacks legitimacy in a way that criminal imprisonment does not. The author explores the “effectiveness” of detention inspection and whether inspection can be said to have promoted meaningful change."

French airports to test EU passenger data system (The Straits Times, link): "A European Union-wide passenger data sharing system aimed at helping in the detection of militants will be tested at two of France's busiest airports this month, a senior interior ministry official said yesterday.

The Passenger Name Record (PNR) system, approved by the European Parliament in April, will be tested at Charles de Gaulle Airport in Paris and at the Nice airport in the south-east before the tests are extended to all French airports, the official said.

He said the system should be fully operational by the end of the year, although EU countries were given two years to turn the measure into national law.

The idea was to "gradually link all the airlines" operating in France, the official said."

Refugee crisis: latest news from across Europe (21-22.5.16)

UK: Home Affairs Select Committee: Report: Police diversity (pdf):

"Urgent and radical action needed to tackle police service’s “consistent failure” on diversity .

In a report published today, Saturday 21 May 2016, the Home Affairs Select Committee (HASC) says “urgent and radical action” is needed to tackle the gross under-representation of black and minority ethnic people in the police forces of England and Wales, which police have “consistently failed to address” over several decades."

Refugee crisis: latest news from across Europe (20.5.16)

African Civil Society condemns the hunt for migrants on the continent (pdf):

"African civil society condemns these hunting policies for migrants that grow everywhere on the African continent with the support of the European institutions under the guise of the fight against "irregular" migration. The current situation in Libya is a sad illustration with anti-immigration brigade heavily armed, with the support of the European Union, which tracks day and night the sub-Saharan migrant workers cram in detention centers instead of effectively combating traffickers and Libyan smugglers...

The lure of European financial aid to fight against migration transforms the African political authorities in real persecutors of their brothers and sisters who are looking for work to live and feed their families. This could recall the time of slavery abolished there only two centuries. The European Union, at the expense of its humanist values, and shamelessly, in African countries outsources its security migration policy.

African civil society calls for the African Union commission, the Economic Community of West African States (ECOWAS) and all African heads of state to listen to the voice of their people and engage resolutely in a real regional integration process. Only a true African integration could prevent our countries to always be the instrument of European policy and will prevent brave young hope of tomorrow's Africa, being killed in other countries on the continent seeking win their daily bread."

Signed by: The West African Observatory on Migrations (WAOM), The Pan African Network for the Defense of Migrants' Rights (PANiDMR), Caritas - Migration and Development Network (MADE) – Africa, Moroccan Transnational Network on Migration and Development (RMTMD), Samir ABI, Visions Solidaires.

EU: Justice and Home Affairs Council, 20 May 2016: Final press release (pdf)

"B" Points Agenda (for discussion, pdf), "A" Points (legislative, adopted without discussion) and "A" Points (non-legislative, adopted without discussion). See Background Note (pdf)

Among the "non-legislative" items to be adopted without discussion are: the EU-USA data protection "Umbrella Agreement" on the exchange of personal data - the Scope (Art 1): covers:

"The purpose of this Agreement is to ensure a high level of protection of personal information and enhance cooperation between the United States and the European Union and its Member States, in relation to the prevention, investigation, detection or prosecution of criminal offenses, including terrorism."

Note: the Scope covers all crimes however, minor.

- Agreement between the United States of America and the European Union on the protection of personal information relating to the prevention, investigation, detection, and prosecution of criminal offenses (Full-text, pdf) - Draft Council Decision - Adoption (pdf) - Council Decision (pdf)

Exclusive: Nick Clegg calls for inquiry into the Battle of Orgreave (Yorkshire Post, link):

"NIck CLEGG backs calls for a public inquiry into Battle of Orgreave during the 1980s miners’ strike.

The former Deputy Prime Minister has said the time is right to investigate the 1984 violent clash between police and miners in South Yorkshire that led to the arrests of 93 pickets.

Backing calls from the Orgreave Truth and Justice Campaign he said: “With each passing day there are more questions to be asked. The more people are peeling back the events and the personalities involved, the more I think we will have to revisit the events surrounding Orgreave."

Refugee crisis: latest news from across Europe (19.5.16)

European Commission: Commission reports on state of fundamental rights in the EU (Press release, link) and see: 2015 Report on the Application of the EU Charter of Fundamental Rights (Com 265-16, pdf): The report opens with:

"The EU faced numerous challenges in 2015: security threats, unprecedented arrivals of refugees and migrants, a rise in populism and xenophobia. These put EU values and solidarity to the test. Facing such challenges, it is vital to uphold the EU's common values of democracy, fundamental rights and the rule of law."

Tony Bunyan, Statewatch Director, comments: "In regard to the refugee crisis EU values were certainly put to the test and blatantly failed. As to upholding "fundamental rights and the rule of law" they were thrown out of the window by the EU-Turkey "dodgy deal.""

EU: Data protection: New Regulation boosts the roles of EDPS and Europol (pdf):

"The European Data Protection Supervisor (EDPS), Giovanni Buttarelli and the Director of the EU Agency for Law Enforcement Cooperation (Europol), Rob Wainwright, welcomed the recent adoption by the European Parliament of the new Regulation on Europol.

Speaking at the Privacy in the Digital Age of Encryption and Anonymity Online conference hosted at Europol’s headquarters in The Hague, Mr Buttarelli and Mr Wainwright said that the new Regulation boosts Europol's powers to fight terrorism, serious and organised crime and enhances its role as the central hub for information exchange."

EU-UK: Government: Background Note: The UK’s cooperation with the EU on justice and home affairs, and on foreign policy and security issues (pdf)

UK: House of Commons Public Administration and Constitutional Affairs Committee: Democracy Denied: Appointment of the UK’s delegation to the Parliamentary Assembly of the Council of Europe: Government Response to the Committee’s Second Report of Session 2015–16 Ninth Report of Session 2015–16 (pdf):

"We do not accept this Government Response, which fails to address the importance of democracy in appointing the UK’s Delegation to the Council of Europe. This is democracy denied. We call upon the Government to amend its process from Prime Ministerial announcement of a list of names decided in concert with party leaders, to free, fair and open election of the Commons element of a delegation by the whole House of Commons. If the House agrees to the principle of the change we propose, the Procedure Committee could consider how this reform should be implemented.

At the same time, we suggest that the Procedure Committee should consider whether the other delegations sent by Parliament to international assemblies, namely the Organization for Security and Co-operation in Europe (OSCE), the North Atlantic Treaty Organization (NATO) Parliamentary Assembly and the British-Irish Parliamentary Assembly, should also be appointed by free, fair and open elections. We ask that the Government reconsider its response to our Report and produce a further response."

ITU: Maintainting trust in digital connected society (pdf) This paper was prepared by Douwe Korff, Emeritus Professor of International Law, London Metropolitan University, Associate, Oxford Martin School, University of Oxford:

"The development of the global digital connected society requires trust and security, based on sound regulation of the use of personal data. However, this is hampered by conceptual differences between states as concerns privacy in a narrow sense and data protection in a broad sense, and by different views on the application of the basic norms to non-nationals and to people outside a state’s territory (the issue of universality of human rights).

The answer can only be found in global acceptance of a broad human rights-based concept of data protection that states must apply to “everyone” affected by their actions, irrespective of nationality or legal status or the place where they live. The global digital connected society can only develop in and between states that accept this fundamental principle."

Pregnant women in detention centres kept hidden by the Home Office (Politics.co.uk, link):

"The Home Office puts a lot of work into making sure no-one finds out how many pregnant women they hold in their immigration detention centres.

For years they keep no central data on it at all. You can imagine why. Their guidelines state that pregnant women should only be held in exceptional circumstances. But if we can't find out how many pregnant women are in detention, or what happens to them, it's impossible to work out whether they're sticking to it."

UK: Judge to examine claims UK troops drowned Iraqis during 2003 invasion (Guardian, link): "Sir George Newman says he will look into claims that technique known as ‘wetting’ was used to deal with suspected looters."

Refugee crisis: latest news from across Europe (18.5.16)

Council of Europe: Parliamentary Assembly: PACE committee denounces abuse of administrative detention

"Expressing concern that administrative detention has been abused to punish political opponents, obtain confessions in the absence of a lawyer, or for stifling peaceful protest, the Committee on Legal Affairs and Human Rights calls for other solutions than those undermining the protection of the right to liberty and security.

Adopting a report on administrative detention by Lord Richard Balfe (United Kingdom, EC), the committee calls on all member states to refrain from using administrative detention as a migration management tool; for placing political opponents, human rights activists or journalists in administrative detention with a view to coercing them into confessing a criminal offence; or to prevent people from taking part in a given protest."

See: Committee on Legal Affairs and Human Rights: Administrative detention in Council of Europe member states – legal limits and possible alternative measures (pdf)

UK-Council of Europe: Memorandum on surveillance and oversight mechanisms in the United Kingdom (pdf) and UK response to the Council of Europe Human Rights Commissioner - Memorandum on surveillance and oversight mechanisms in the UK (pdf)

"Whilst welcoming a number of positive developments, such as the creation of a single unified Investigatory Powers Commissioner with responsibility for surveillance oversight, the Commissioner expresses his concern about certain issues such as the compatibility of the bulk interception and equipment interference powers proposed in the above Bill with the European Convention on Human Rights. He also stresses that greater protection needs to be provided in the Bill for legal professional privilege and for communications of politicians and journalists. In addition, the Commissioner highlights the need for oversight bodies and systems to be periodically evaluated to assess whether or not they possess the necessary attributes to be effective."

Refugee crisis: latest news from across Europe (17.5.16)

'Hello, world': GCHQ joins Twitter (Guardian, link): "UK surveillance agency launches official account as part of attempt to improve its image after Edward Snowden revelations" See: Link

SURVEILLANCE: More files from Edward Snowden's collection released

"From the time we began reporting on the archive provided to us in Hong Kong by NSA whistleblower Edward Snowden, we sought to fulfill his two principal requests for how the materials should be handled: that they be released in conjunction with careful reporting that puts the documents in context and makes them digestible to the public, and that the welfare and reputations of innocent people be safeguarded. As time has gone on, The Intercept has sought out new ways to get documents from the archive into the hands of the public, consistent with the public interest as originally conceived.

Today, The Intercept is announcing two innovations in how we report on and publish these materials. Both measures are designed to ensure that reporting on the archive continues in as expeditious and informative a manner as possible, in accordance with the agreements we entered into with our source about how these materials would be disclosed, a framework that he, and we, have publicly described on numerous occasions."

See: The Intercept Is Broadening Access to the Snowden Archive. Here’s Why (The Intercept, link)

FRANCE: State of emergency: activists banned from attending protest against labour law

"The French authorities have used the anti-terror state of emergency to ban several activists from joining demonstrations against the government's labour reform this week. Unions have planned two days of protest and called strikes in the air transport, road freight, rail and oil sectors.

About a dozen members of two far-left organisations, Action Antifasciste (AFA) and Mouvement Interluttes indépendant (Mili), have received orders banning them from entering Paris's sixth, seventh, 14th and 15th arrondissements on 17 May, the day that a march against the controversial labour bill will pass through those areas."

And see: French government to bypass parliament to introduce controversial labour law

UK: Videos from The Monitoring Group's conference on political policing and racism in the UK

"On the weekend of 16th and 17th April 2016, a seminal conference took place in London, and, as the title suggests, it had two central themes to discuss and confront:

See: Watch the videos from our conference : Subversion, Sabotage and Spying: Political Policing and Racism in the UK (The Monitoring Group, link)

European Commission letter to Greek asylum authorities: all is well in Turkey

A letter from the European Commission to the Greek authorities setting out why Turkey should be considered a safe third country has been condemned by a Greek human rights group as an attempt "to establish standardized reasoning for systematically denying the asylum claims of Syrian and non-Syrian nationals as inadmissible in Greece."

And see: Refugee crisis: latest news from across Europe (16.5.16)

UK: Parliamentary committee: safety in prisons continues "to deteriorate significantly"

A new report from the House of Commons Justice Committee examines "the Government's response to the ongoing and rapid deterioration in prison safety in England and Wales which began in 2012" and concludes that "overall levels of safety in prisons have not stabilised as the Ministry [of Justice] hoped, let alone improved and continue to deteriorate significantly."

UK: Hillsborough, Orgreave and South Yorkshire Police: the cover-up connections

"The central elements of both disgraces are chillingly similar. First – contrary to media coverage which demonised the victims, cheer-led in both cases by the Sun – the police were at fault.

(...)

Second, as they did in 1989 after the Hillsborough semi-final descended into horror, the South Yorkshire police created their own narrative about the Orgreave “battle”, blaming the miners in an apparently concerted campaign of vilification.

(...)

Third is the allegation that both South Yorkshire police operations were followed by a concerted falsification of evidence, and a cover-up."

See: Orgreave inquiry calls grow after damning Hillsborough verdict for police (The Guardian, link)

EU Referendum: Boris Johnson compares EU's aims to Hitler's (BBC News, link):

"Boris Johnson has compared the EU's aims to Hitler's, saying both involved the intention to unify Europe under a single "authority".The pro-Brexit Tory MP said both the Nazi leader and Napoleon had failed at unification and the EU was "an attempt to do this by different methods".

Refugee crisis: latest news from across Europe (14-15.5.16)

UK: Immigration Bill becomes law: The Bill becomes an Act: what’s been won, and what’s been lost (Right to Remain, link): "Yesterday (12 May 2016), the Immigration Bill 2015-16 received Royal Assent, which means it now becomes the 2016 Immigration Act.

In those words, a great deal is bound up.

As we have written previously, the Act involves a hardening and an extending of the measures designed to create a ‘Hostile Environment ‘ for migrants brought in by 2014 Immigration Act, including:

Cutting access to justice... Extending internal border enforcement... Criminalising irregular migration..."

Drone warfare: the cost of progress (openDemocracy, link): "What is clear is the determination of the United States and its coalition partners to avoid committing large ground forces to the war. The deep failures in Afghanistan and Iraq inflicted harsh lessons which have been learned, at least in respect of the need to avoid deploying tens of thousands of "boots on the ground". There may by contrast be plenty of special forces, airstrikes and armed drones; these represent the changing nature of the wars now being fought by the west.

As this kind of war intensifies, though – and with every prospect of major operations against ISIS in Libya – there are clear indications that the move to remote warfare carries unexpected consequences (see "The drone-war blowback", 29 September 2011). Nowhere is this more clear than with the proliferation of armed drones, which are still seen as weapons of choice in Washington, Paris, London and Tel Aviv."

Refugee crisis: latest news from across Europe (13.5.16)

UK-EU: House of Lords committee says EU's Operation Sophia deals with "symptoms, not causes" and "cannot deliver its mandate"

A new report from the UK House of Lords' European Union Committee has commended the EU's "anti-smuggling" military operation in the Mediterranean for its efforts at search and rescue, but notes that it is ultimately unable to meet its aims of deterring migrants, disrupting smugglers' networks and thwart smugglers' business models as it deals with "symptoms, not causes".

Key document: European External Action Service: Planning for a possible non-executive Civilian CSDP mission in Libya (LIMITE docxno: 7491/16, 1 April 2016, pdf):

EU to enhance terrorism "threat assessments" as Counter Terrorist Group moves towards "real time information exchange"

The Dutch Presidency of the Council of the EU has offered Member States two options on how "a fuller, more coherent, comprehensive and future-oriented picture of the terrorist threat" could be established at EU level: either by increasing cooperation between Europol and the EU Intelligence Analysis Centre (INTCEN), or by inviting the Council's COSI committee (operational cooperation on internal security) to develop "common conclusions" based on work undertaken by Europol and INTCEN.

Key document: Strengthening cooperation on counter-terrorism threat analysis (LIMITE doc no: 8409-16, pdf)

EU: Clarifying the Euro-jargon: Terminology to be used in the agendas of the Council and Coreper (8338/1/16 REV 1, 25 April 2016, pdf)

LATVIA-ESTONIA-RUSSIA: ECJ: Article 19 of the Charter of Fundamental Rights: Advocate-General's opinion on extradition of a non-national

"2. The present case concerns an extradition request issued by the Russian Federation to the Republic of Latvia in relation to an Estonian national who had been arrested on the territory of the Republic of Latvia.

3. In essence, the Court is asked to rule on whether the protection against extradition which Latvian nationals enjoy under national law and under a bilateral agreement with the Russian Federation must, under the rules of the FEU Treaty on citizenship of the Union, be extended to nationals of other Member States.

4. A number of Member States, including the Republic of Latvia, recognised, in their national law and also in the international conventions to which they are parties, the principle that they refuse to extradite their nationals. When an extradition request is addressed to a Member State and that request concerns a citizen of the Union who is not a national of the requested Member State, such a principle establishes a difference in treatment between the nationals of that State and the nationals of the other Member States. I am of the view, however, that such a difference in treatment does not constitute discrimination on the ground of nationality contrary to the first paragraph of Article 18 TFEU, provided that it is shown that those two categories of nationals are not in a comparable situation in the light of the objective of combating the impunity of persons suspected of having committed an offence in a third State."

See: OPINION OF ADVOCATE-GENERAL BOT delivered on 10 May 2016 in Case C-182/15 (Alexsei Petruhhin) (pdf)

BELGIUM: Army deployed to help run prisons

"In the face of the current chaotic and potentially explosive situation in jails, the Belgian government has decided to use the army as its new trump card to tackle issues arising from its lack of political action and public investment." See: Should the Belgian Army Be Used to Resolve Social Issues? (Liberties.eu, link)

And: Council of Europe worried about Belgian prisons crisis (EurActiv, link)

EU: Legal aid in European Arrest Warrant proceedings: Council report on latest trilogue with Parliament

The European Parliament and the Council of the European Union are coming closer to an agreement on the text of a Directive that sets out provisions on access to legal aid for persons subject to a European Arrest Warrant.

A document produced by the Dutch Presidency on 4 May 2016 provides an overview of discussions that took place in a secret "trilogue" meeting on 3 May, at which the topics of discussions were articles 5 (European Arrest Warrant), 6 (timely and diligent procedures), 7 (quality of legal aid services and training) and 8 (remdies) of the proposed Directive and the forthcoming European Parliament impact assessment.

EU: Human trafficking: European Parliament says Member States not supporting victims

"EU member states should do more to protect victims of human trafficking, especially women, and take gender-specific prevention, assistance and support measures to help them, say MEPs in a resolution voted on Thursday. The text points out that EU legislation to protect victims of trafficking is not being properly enforced."

UK: Birmingham pub bombings coroner has 'significant' new information (The Guardian, link): "A “significant” piece of information relating to advance warning about the IRA’s Birmingham pub bombings has been sent to the coroner who is considering whether to reopen the inquest into the 1974 atrocity.

Louise Hunt, the senior coroner for Birmingham and Solihull, told a hearing on Thursday that the new material had been sent to her office on 27 April from an undisclosed source.

Hunt said it related to an allegation that the security services had advance notice.

“It’s significant and does raise concerns in relation to potential advanced notice, that’s as much as I can say,” Hunt said. "

Number of people arriving on Greek islands dropped dramatically in April

"The number of migrants arriving on the Greek islands in April plunged by 90% compared to the previous month, reaching fewer than 2 700. The drop is a result of several factors, including The EU-Turkey agreement and stricter border policies applied by the former Yugoslav Republic of Macedonia at its border with Greece.

“The drop in the number of arrivals on the Greek islands was dramatic. The total for all of April is well below the number of people we often saw reaching just the island of Lesbos on a daily basis during last year’s peak months,” said Frontex Executive Director Fabrice Leggeri.

Syrians again accounted for the largest share of the migrants coming to the Greek islands, trailed by nationals from Pakistan, Afghanistan and Iraq."

Press release: Advocate General: IP addresses are personal data

The EU's top lawyer today answered a question that seems to be as old as the Internet. In his opinion, IP addresses are personal data and may be collected only where allowed by data protection law. The opinion concerns the case of German pirate party politician and privacy activist Patrick Breyer who is suing the German government over logging all visits to government websites (Case C-582/14).

Refugee crisis: latest news from across Europe (12.5.16): EU plans to ease expulsions; continuation of internal Schengen border controls; new studies on the role of the European Investment Bank, the functioning of hotspots and the situation in Greece and Macedonia; discussions on returns to Afghanistan; protecting the rights of irregular migrants; and more.

Draft Council conclusions call on Member States to "reduce administrative burdens" that hinder expulsion of third-country nationals

EU Member States will be "invited" to ease the expulsion of expelling "illegally staying third-country nationals" by reducing "administrative burdens" - such as "the suspensive effect of return and asylum decisions" and "multiple and last minute asylum applications and appeals" - if a set of draft conclusions being prepared for the Justice and Home Affairs Council meeting on 20 May remain in their current form.

Schengen: Greece and Slovenia unhappy with continuation of internal border controls

The Council of the EU has today (12 May 2016) adopted a decision that permits the continuation of the internal border controls adopted by Austria, Germany, Denmark, Sweden and Norway. Greece and Slovenia have submitted statements disagreeing with the decision.

EU: European Parliament adopts new rules on Europol and migration of students, researchers and interns

Europol: Police cooperation: MEPs approve new powers for Europol to fight terrorism (EP press release, pdf)

Students/researchers/interns: New rules to attract non-EU students, researchers and interns to the EU (EP press release, pdf)

EU: CONSULAR COOPERATION: Council of the EU: Consular Cooperation Initiatives - Final Report (8347/16, 29 April 2016, pdf): "The overarching objective of the Consular Cooperation Initiatives (CCIs) was to optimize the consular support to all citizens of the European Union in third countries and to strengthen consular cooperation at the Union level. The specific objective was to further explore possibilities for developing the role of EU Delegations in facilitating and supporting coordination between Member States in their role of providing consular protection to citizens of the Union in third countries as agreed in the Council Conclusions on the EEAS review of 17 December 2013.

A Core Team of interested MS was established to manage the initiative under general supervision of COCON. CCI projects were implemented in 5 countries: Cambodia, Dominican Republic, Nepal, Nigeria and Tunisia. In each country a MS assumed the role of Chef de File and developed a project plan on the basis of a common template (Annex). The EEAS acted as secretariat of the group and supported the harmonised approach. The Commission and the Council Secretariat attended the discussions. The projects ran from January to December 2015. After that, the CCI Core team continued to convene under the Netherlands presidency to compile all data, draw up the relevant conclusions and recommendations and prepare for recommended follow up.

This report first presents the overall conclusions and recommendations emanating from the detailed evaluation per country. The country evaluations are added to the report, as well as the joint EU Crisis Preparedness Framework that was drawn up as part of the Consular Cooperation Initiatives, a copy of the common template for the project plans and the global statistics on consular assistance to non-represented EU-citizens compiled by EEAS."

See also: Annex I to the Final Report: Joint EU Consular Crisis Preparedness Framework (8347/16 ADD 1, pdf) and: Consular demárches: Toolkit on procedural issues (8280, 26 April 2016, pdf)

UK: Exclusive: UK Government and Police Are Getting Information From 'Shadowy' Terrorism Database (Vice News, link): "A "shadowy" private database that has wrongly linked individuals to terrorist activity is being widely used by British police, intelligence, and the charity regulator, a VICE News investigation has found, amid growing anger among British and European parliamentarians about its effect on people's lives.

The confidential World-Check database profiles individuals and organizations under various categories, using open-source information to uncover their "hidden risk" for government agencies and banks. An adverse profile on the database, which is used by 49 of the 50 top global banks, has been linked to account closures and blacklisting."

Background: VICE News Reveals the Terrorism Blacklist Secretly Wielding Power Over the Lives of Millions (link)

And: questions to the European Commission from Sophia in 't Veld MEP (ALDE) and Jan Philipp Albrecht (Greens/EFA): World Check database listing individuals as linked to terrorism (10 February 2016, pdf). The Commission has not yet responded.

EU: Facial recognition to accompany fingerprints in transnational databases

"Last week, the European Commission published its proposal to recast the EURODAC Regulation, which includes plans for longer storage periods, an expansion of data categories and comparison capabilities, and mandatory fingerprinting and photographing. To date, EURODAC has been used for comparison of fingerprints.

Now the system is also to store facial images and facial recognition capabilities are to be added. There are two different search options. When checks are taking place, people’s images can be compared with available personal data to verify their identity (known as 1:1 matching). However, it is also possible to search for a face in the entire database (1:n)."

UK: The long road to justice (New Law Journal, link): "Patrick Roche examines the lessons to be learnt from Hillsborough.

The jury’s conclusion that the 96 Liverpool fans who died at Hillsborough on 15 April 1989 were unlawfully killed marked the culmination of a remarkable 27-year campaign for justice by the families of the 96. The inquests, which lasted over two years, were both the longest inquests and the longest jury case in legal history.

Responding to 14 questions relating to the causes of the disaster and a further questionnaire for each of the deceased, the jury delivered trenchant and carefully reasoned answers setting out the failures of South Yorkshire Police (SYP), Sheffield Wednesday FC and the architects Eastwoods, which caused the disaster, and the blunders by the police and ambulance service, which meant that the emergency response failed to save many of those who died."

BELGIUM: Council of Europe worried about Belgian prisons crisis (EurActiv, link): "The Council of Europe, the continent’s oldest organisation specialised in human rights, has visited prisons in Belgium where a large number of staff were absent due to strike and therefore did not provide services to inmates.

Belgium faces a growing crisis in its prisons, with the army called in to help and inmates stuck in their cells 24 hours a day as the government struggles to end a strike by prison staff.

The Council of Europe’s anti-torture committee, the CPT, has made an ad-hoc visit from 7 to 9 May to look at the situation in the prisons of Huy, Ittre and Jamioulx and the social defence establishment of Paifve.

At the end of the visit, the delegation presented its preliminary observations to Koen Geens, Minister of Justice, and senior officials of the Ministry of Justice, and held consultations on the measures taken by the Belgian authorities to establish a guaranteed minimum service, with a view to preventing inhuman and degrading treatment of inmates."

See: Council of Europe anti-torture Committee visits prisons affected by strikes in Belgium (European Committee for the Prevention of Torture, link)

Information on the CPT's 2013 visit to Belgium: Council of Europe anti-torture Committee publishes report on Belgium (link); full report (French only, pdf) and government response (pdf, also in French)

Refugee crisis: latest news from across Europe (11.5.16): New report from the UN Secretary-General, strict new asylum measures in Hungary, EU-Turkey visa waiver talks halted in Parliament and more.

EU: Fight against terrorism: Parliament to vote on updated powers for Europol (press release, pdf): "MEPs vote this week on new powers for Europol. These would allow the agency to set up specialised units more easily so that it can respond faster to emerging threats. They would also set clear rules for centres, such as the European Counter Terrorism Centre that started on 1 January 2016. In some cases Europol would also be allowed to exchange information with private companies. For example, Europol would be able to ask Facebook to remove pages run by Islamic State.

These new powers would be accompanied by strong data protection safeguards and democratic oversight rules.

Negotiators from the Parliament and the Council reached a deal on this on 26 November 2015, which was endorsed by Parliament's civil liberties committee on 30 November.

However, before the agreement can enter into force, it will still need to be formally approved by Parliament.

MEPs debate the deal on Wednesday 11 May from 9.00 CET and vote on it at about 12.30 CET."

'Risks of inaction are considerable', says Ban, urging new compact on refugees and migrants (UN, link): " Despite bold efforts, responses to the large movements of refugees and migrants – which will continue or possibly increase due to such issues as conflict, poverty and disasters – have been largely inadequate, United Nations Secretary-General Ban Ki-moon said today in a new report, calling for the adoption of a global compact on responsibility-sharing that collectively ensures the human rights, safety and dignity of all refugees and migrants.

“Away from the daily headlines and stark images, strains are quietly accumulating on refugees and migrants, as well as on countries and communities that receive them, sometimes for many years,” Mr. Ban stressed in his report to the UN General Assembly, entitled In safety and dignity: addressing large movements of refugees and migrants.

“If one lesson can be drawn from the past few years, it is that individual countries cannot solve these issues on their own. International cooperation and action to address large movements of refugees and migrants must be strengthened,” he added.

Any approach should uphold the safety and dignity in large movements of both refugees and migrants, Mr. Ban said, urging Member States to, among other things, address the root causes of such movements, protect people en route and at borders, and prevent discrimination and promote inclusion."

Full report: Report of the Secretary-General: In safety and dignity: addressing large movements of refugees and migrants (pdf)

EU-TURKEY: Visa liberalisation for Turkey: EU critieria must be met, say MEPs (press release, pdf): "The EU should make sure that all its requirements are met before granting Turkey visa-free access to the Schengen area, stressed Civil Liberties Committee MEPs in a debate with the EU Commission on Monday. Most MEPs criticised the Commission for proposing a visa waiver for Turkish nationals even though the country has not yet fulfilled all the criteria. Turkey should not be discriminated, but neither should it receive preferential treatment, they agreed."

And see: EP stops work on Turkey visa waiver (EUobserver, link): "MEPs have stopped work on plans to give Turks visa-free access to the EU’s Schengen zone, putting a wider migrant deal in doubt.

Group leaders in the European Parliament's “conference of presidents” quietly suspended work on the file last Wednesday. Some of the lead MEPs on the dossier, the group coordinators in the civil liberties committee (LIBE), found out about the suspension on Monday (9 May).

"They [EP group leaders] decided to stop the whole thing," the German centre-left coordinator Birgit Sippel told this website on Tuesday.

Judith Sargentini, a Dutch Green MEP, said EU parliament chief Martin Schulz suspended it because Turkey had not yet met all EU visa-free criteria.

“Schulz said we will only start processing the file when the 72 criteria have been met,” she said."

French government to bypass parliament to introduce controversial labour law

"France's government announced Tuesday that it would empower Prime Minister Manuel Valls to bypass parliament and push through controversial labour reforms by decree despite widespread public demonstrations against the bill.

The decision follows weeks of sometimes violent protests against the proposed reform, which among other changes seeks to make hiring and firing easier for companies.

“Because the country must move forward ... the cabinet has authorised me to act on behalf of the government,” Valls told lawmakers, to loud boos and heckling from some deputies and applause from others."

EU: Migration: discussions on the "Central Mediterranean Route", EU Travel Information and Authorisation System; Visa Code negotiations

A leaked document produced by the Dutch Presidency of the Council of the EU proposes various ways to deal with a possible summer increase in people crossing the Mediterranean towards Italy. The Dutch Presidency has also issued a discussion document seeking Member States' views on a possible "EU Travel Information and Authorisation System (ETIAS)". Meanwhile, the Council has adopted its position for negotiations with the European Parliament on the EU's Visa Code.

Refugee crisis: latest news from across Europe (10.5.16)

EU: National parliaments invoke ‘yellow card’ in response to revised Posted Workers Directive (euractiv, link):

"An attempt by the European Commission to revise the contentious Posted Workers directive is likely to fail, as the national parliaments of at least ten member states from Central and Eastern Europe are reported have used a yellow card to stop the legislation."

CIA-RENDITION: European Parliament: MOTION FOR A RESOLUTION further to Questions for Oral Answer B8-0367/2016 and B8-0368/2016 pursuant to Rule 128(5) of the Rules of Procedure on follow-up to the European Parliament resolution of 11 February 20015 on the US Senate report on the use of torture by the CIA (2016/2573(RSP)) Claude Moraes on behalf of the Committee on Civil Liberties, Justice and Home Affairs (pdf):

"Expresses, one year after the release of the US Senate study, its serious concerns about the apathy shown by Member States and EU institutions with regard to recognising the multiple fundamental rights violations and torture which took place on European soil between 2001 and 2006, investigating them and bringing those complicit and responsible to justice."

UK: Drones: parliamentary report takes aim at controversial targeted killing policy

"The Joint Committee on Human Rights (JCHR) has today published its report on the Government’s policy on the use of drones for targeted killing, following its inquiry in the wake of the killing of suspected terrorist and UK national Reyaad Khan by an RAF drone strike in Syria. The Government states that the UK military action taken against Reyaad Khan on 21 August 2015 was armed conflict, as part of the same armed conflict in which the UK was already involved in Syria, and the Committee accepts this. However, the report also establishes that it is the Government’s policy to be willing to use lethal force abroad, outside of armed conflict, when there is no other way of preventing an imminent terrorist attack against the UK."

UK: Chilcot report on Iraq war to be published on 6 July (Guardian, link): "Security checks on the 2.6m-word report have been completed without the need for any redactions, Sir John Chilcot tells PM."

Refugee crisis: latest news from across Europe (9.5.16): Reports of a Syrian woman shot at the Hungarian-Slovakian border; reactions to and analysis of new EU asylum proposals, a map of refugee camps on mainland Greece, and a round-up of news stories.

GREECE-EU: Greek Govt Votes in Favor of Tough Pension-Tax Reforms (Greek Reporter, link): "Greek Parliament debated a set of tough economic pension and tax reforms on Saturday and Sunday. The 300-strong Parliament voted for the bill with 153 in favor, 143 against.

Ruling leftist SYRIZA Prime Minister Alexis Tsipras pointed to the hard work that his government has done in order to ensure the viability of the social security system and also made reference to social justice, pointing out that tax restructuring had been taken with vulnerable groups in mind when sharing out the burden of reforms.

Main opposition conservative New Democracy Party Leader Kyriakos Mitsotakis pointed to a “historic need” to speak the “language of truth”. “You never spoke the language of truth, Mr. Tsipras,” he said from the podium of Greek Parliament. “You didn’t do it when you said you would abolish the Memorandums of Understanding nor when you said you would bring back the 13th pension payment.” Furthermore, he said the convergence package of 3.6 bln euros that creditors called for lacked credibility."

And see: Police fire tear gas at protestors outside Greek Parliament (France 24, link) and Reactions: Greek MPs Vote on More Austerity Amid Strikes, Sit-Ins and Suspensions (Greek Reporter, link)

EU: The fight against terrorism in Europe: What the EU does (not do) and what it should do (European Area of Freedom Security & Justice, link): "This was the title of a discussion seminar organised by Fondazione Lelio e Lisli Basso on April 18, 2016, attended by leading criminal judicial cooperation experts as well as by Emilio DE CAPITANI, Executive Director of the FREE Group,at the end of which the following document was drafted, which we submit to the attention of all concerned and in particular those responsible for policy in this sector."

Google and Microsoft have made a pact to protect surveillance capitalism (The Guardian, link): "Microsoft and Google, two of the world’s greatest monopolies, have been bitter rivals for nearly 20 years. But suddenly, in late April, they announced a startling accord. The companies have withdrawn all regulatory complaints against one another, globally. Rather than fighting their battles in public courts and commissions, they have agreed to privately negotiate.

(...)

Zuboff is a leading critic of what she calls “surveillance capitalism”, the monetization of free behavioral data acquired through surveillance and sold on to entities with an interest in your future behavior. As she explained to the Guardian: “Google discovered surveillance capitalism. Microsoft has been late to this game, but it has now waded in. Viewed in this way, its agreement with Google is predictable and rational.”

And here the most sinister upshot of Microsoft’s decision to stop needling Google with legal disputes becomes clear. “A key theme I write about is that surveillance capitalism has thrived in lawless space,” says Zuboff. “Regulations and laws are its enemy. Democratic oversight is a threat. Lawlessness is so vital to the surveillance capitalism project,” she continues, “that Google and Microsoft’s shared interest in freedom from regulation outweighs any narrower competitive interests they might have or once thought they had. They can’t insist to the public that they must remain unregulated, while trying to impose regulations on one another.”"

UK: INVESTIGATORY POWERS BILL: The Home Office Only Listens When We Don’t Want Them To (Medium, link): "Today the latest version of the Investigatory Powers Bill was published. The Government might want some credit for being transparent and publishing the document with tracked changes so we can see how it has changed since the Bill was published in early March. But more so than transparency, it indicates their brazen approach to consultation. Why? Because the Bill has barely changed: a spelling and grammar tidy up e.g. ‘intellegences services’ changed to ‘intelligence services’; A few provisions made even more draconian than they already were e.g. “If it is not reasonably practicable for an instrument making a major modification to be signed by the Secretary of State, the instrument may be signed by a senior official designated by the Secretary of State for that purpose”. This new provision means that major modification to a bulk warrant that may lead to greater intrusion into thousand or even millions of people’s personal information could now be signed off — not by a Secretary of State, not a judge, not even a Minister — but by a civil servant."

View all the changes made to the Bill by the Home Office: Is the Home Office Listening? (link) and see the Privacy International campaign: Don't Bug my Computer (link)

Protests against immigration detention centres

See: Hundreds take part in protest calling for end of immigration detention centres (ITV, link): "Campaigners from across our region have joined simultaneous protests around the world - against the use of detention centres for immigrants.

Thousands are thought to have staged demonstrations - including outside Morton Hall in Lincolnshire today."

In Scotland: Hundreds join Dungavel detention centre protest (BBC News, link) and: From Campsfield to Calais protests demand end to deportations (Socialist Worker, link)

UK-EU-ECHR: British Bill of Rights: Government should "think again" says parliamentary committee

The Conservative government's proposal to replace the Human Rights Act with a 'British Bill of Rights' has been heavily criticised by the House of Lords European Union Committee in a report that says there is "a forceful case for the Government to think again before continuing with this policy."

See: House of Lords European Union Committee: The UK, the EU and a British Bill of Rights (9 May 2016, pdf)

UK: A Significant Blow to Deportation with Assurances (One Small Window, link): "On 18 April, in a judgment that is now final, as Home Secretary Theresa May chose not to appeal within the 10-day period granted, judges at the Special Immigration Appeals Commission (SIAC) in London ended the long-running deportation case of six Algerian terrorism suspects. The appeal against deportation, lodged over a decade ago in 2005, concerned safety on return to Algeria.

(...)

Having spent almost the whole of this century subject to some form of detention, they have never been charged or convicted of terrorism offences in the UK, or know what they are suspected of.

(...)

The British government has failed to deport anyone on the basis of assurances given by the five countries it has concluded agreements with. One of the special advocates in the case, Martin Goudie, a security-vetted barrister who represented the appellants in the closed case, stated, “This does not bring an end to DWA, but […] is a significant blow to it.” Later this year, such assurances will come under scrutiny again when SIAC hears the deportation to Jordan case of N2."

See the judgment: Special Immigration Appeals Commission: Appeal between BB, PP, W, U, Y and Z and The Secretary of State for the Home Department (18 April 2016, pdf)

UK: Major court victory for blacklisted construction workers

"Workers who say they were blacklisted by construction companies have won millions in compensation after a long-running legal battle finally ended.

The union Unite has reached a settlement with construction firms that will mean 256 workers share more than £10m in compensation.

The amount will depend on factors such as loss of income.

In some cases, the blacklist included details of worker's political views, competence, and trade union activities.

The list had been used by dozens of construction firms to vet those applying for work on building sites."

UK-EU: Judicial Power: 50 Problematic Cases (Judicial Power Project, link): "One of the aims of the Judicial Power Project is to stimulate debate about the proper bounds of the judicial role. As visitors to this website will know, our concern is that the judicial role is expanding in ways that threaten constitutional self-government and the rule of law. A particular concern is to draw attention to the many different ways in which judges fail to respect the limits of their role. Criticism about judicial overreach often focuses on the decisions of the European Court of Human Rights and the EU’s Court of Justice. Equally important are the many cases in which domestic judges have improperly ventured beyond the limits of their role. Ascendant judicial power is often most visible in the context of questions about how to protect human rights, but it also extends much more widely than this."

See: 50 Problematic Cases (link)

Refugee crisis: latest news from across Europe (7-8.5.16)

Inside the Assassination Complex - Whistleblowing Is Not Just Leaking — It’s an Act of Political Resistance (The Intercept, link) by Edward Snowden:

"I've been waiting 40 years for someone like you.” Those were the first words Daniel Ellsberg spoke to me when we met last year. Dan and I felt an immediate kinship; we both knew what it meant to risk so much — and to be irrevocably changed — by revealing secret truths.

One of the challenges of being a whistleblower is living with the knowledge that people continue to sit, just as you did, at those desks, in that unit, throughout the agency, who see what you saw and comply in silence, without resistance or complaint. They learn to live not just with untruths but with unnecessary untruths, dangerous untruths, corrosive untruths. It is a double tragedy: What begins as a survival strategy ends with the compromise of the human being it sought to preserve and the diminishing of the democracy meant to justify the sacrifice.

But unlike Dan Ellsberg, I didn’t have to wait 40 years to witness other citizens breaking that silence with documents..."

German spies want right to keep tabs on teens (The Local.de, link): "Spies should have the right to keep communications data relating to minors aged under 16, a senior member of Germany's domestic intelligence service has said....

“We see concrete examples in Germany where minors are not only being radicalized, but instrumentalized as weapons,” Kramer said....

According to the MZ report, VS chief Hans-Georg Maaßen said in an internal meeting this week that “we essentially can't keep data on people under 16 unless there are concrete indications of a terrorist threat”."

Turkey: Cumhuriyet journalists sentenced to five years for revealing state secrets (link):

"An Istanbul court sentenced Cumhuriyet journalists Can Dündar and Erdem Gül to five years in prison for “leaking state secrets” on May 6, hours after Dündar escaped unharmed from an armed attack in front of Istanbul’s Çaglayan courthouse.

Dündar, the daily’s editor-in-chief, was given five years and 10 months for "leaking state secrets" while the paper’s Ankara bureau chief, Gül, was given five years on the same charge. However, the duo will not immediately go to prison....

Dündar and Gül were on trial for “leaking state secrets” due to stories published about Turkish intelligence trucks bound for Syria with hidden weapons in early 2014. They were arrested on Nov. 26, 2015, and released on Feb. 26 following a Constitutional Court decision."

NETHERLANDS: Dutch dragnet surveillance bill leaked: our analysis (Bits of Freedom, link): "At the end of April, an updated draft for the Dutch dragnet surveillance bill was leaked. It turns out that minister of the Interior Ronald Plasterk persists on granting the secret services the power to carry out bulk interception of innocent citizens’ communications.

How did we get here?
Ever since the law was announced in 2013, one of the main concerns of the debate has been how the dragnet will function and how extensive it will actually be. It led to a squabble between Plasterk and members of parliament. The latter weren’t keen on the idea of a dragnet, so Plasterk decided to rename it. Bulk interception became “purpose-oriented” interception. It sounded different, true, but we were afraid the meaning had been left unchanged.

Squabbles be squabbles
The bill remained vague. Based on the draft that was released for public consultation in September 2015, a dragnet could definitely be in our future. The explanatory memorandum didn’t do much towards clearing things up. We weren’t alone in voicing harsh criticism about what was being proposed. After all, the government has to be clear about their plans and the extent of their reach.
"

Trapped in the new Greek archipelago with no way out (OpenDemocracy, link): "‘It’s all lies,’ Massoud (not his real name) taps angrily on his smartphone screen; there are dozens of failed calls to the Skype address of the Greek Asylum service. In Greece you register an asylum claim by Skype. Massoud is from Syria and has been in Idomeni camp for 2 months and 10 days.

People have been blockaded in Greece since Macedonia shut its border with Greece entirely for refugees on 9 March this year. At the same time many people are finding it impossible to lodge asylum applications in Greece - and therefore have no chance of ‘relocation’ to another EU country. The EU plan to relocate refugees to other EU countries appears to be bogged down.

By 17 April, UNHCR said some 46,000 refugees are stranded in Greece in an archipelago of camps from Athens to the Macedonian border in the North. Meanwhile, in the islands the deportations to Turkey under the ‘one-for-one’ deal between the EU and Turkey started on 4 April."

See also: Migration Minister: Greece Will Keep 30,000-40,000 Refugees (Greek Reporter, link): "Greek Deputy Migration Minister Yannis Mouzalas said that 30,000-40,000 refugees will stay in Greece for a long time.

Mouzalas headed a meeting on the migration issue in Thessaloniki. He said that the makeshift migrant camp in Idomeni, on the Greek-FYROM border, will be evacuated by May 30."

And: Greece: Police clash with refugees as they clear Idomeni train tracks (Ruptly TV, link to YouTube)

More stories and updates: Refugee crisis: latest news from across Europe (6.5.16)

UK: Immigration detention: a tale of two reviews (IRR, link): "Two recent reviews of immigration detention offer a contrast in their approach to the fundamental injustice of immigration detention and in their usefulness to campaigners.

It has been four months since the publication of two key reviews of immigration detention: the Review into the Welfare in Detention of Vulnerable Persons undertaken by former Prisons and Probation Ombudsman Stephen Shaw, and the Serco-commissioned Independent Investigation into Concerns about Yarl’s Wood Immigration Removal Centre conducted by Kate Lampard and Ed Marsden. Both reviews have been broadly welcomed across the refugee sector. Although the remit for Shaw’s review excluded the issue of detention in and of itself, he advocated banning the detention of pregnant women and suggested there should be a ‘presumption against detention’ of sexual violence victims, victims of FGM, people with learning difficulties, those with Post Traumatic Stress Disorder and transgender people. In all, Shaw made sixty-four recommendations, while the Yarl’s Wood review made thirty-five recommendations, Serco agreeing thirty-two of them."

South Yorkshire interim police chief welcomes Orgreave inquiry (The Guardian, link): "A major step has been taken towards an inquiry into the tactics of South Yorkshire police at the 1984 Orgreave confrontation with striking miners, and alleged perjury by officers in collapsed prosecutions a year later, after the force’s acting chief said he would welcome it.

Dave Jones, the newly appointed interim chief constable of the force which is reeling after the verdicts in the Hillsborough inquests last week, said in a statement : “The Hillsborough inquests have brought into sharp focus the need to understand and confront the past and give people the opportunity to explore the circumstances of such significant events.

“I would therefore welcome an appropriate independent assessment of Orgreave, accepting that the way in which this is delivered is a matter for the home secretary.”"

UK: Rainsbrook: more children being failed (Frances Crook's blog, link): "The latest inspection of Rainsbrook secure training centre has been published this morning. At the time of the inspection it was being run by G4S but MTCNovo took over this week.

The child jail held 61 boys and 13 girls.

This is the third inspection report in the space of a year following the disastrous inspection last spring and the follow-up that found some improvements.

Overall the findings are pretty damning, illustrating how the experiment of secure training centres has failed children for two decades. It has, however, succeeded in providing profits to the security companies running them, although, as G4S has found, that comes at the price of reputation."

See the full report by the Care Quality Commission, Her Majesty's Inspectorate of Prisons and Ofsted: Inspection of Rainsbrook Secure Training Centre (pdf)

France outraged at film showing police officers 'harassing and humiliating man with no legs and one arm' (The Independent, link): "France has been shocked by a video which appears to show three policemen harassing and humiliating a man with no legs and one arm.

More than 100,000 have watched the short film posted on Facebook, which shows the man being abandoned by the police officers after being made to remove his artificial legs and strip to his underpants.

As the policemen walk away, a passer-by who filmed the scene on his smartphone is heard shouting: “Officer, officer, we need you. Officer, turn back please. This is humiliation, It is not normal.”"

Ireland’s ad-hoc approach is failing stateless persons: Dublin seminar highlights shortfalls and need for formal procedures (European Network on Stateless, link): "While Ireland has not yet established a formal statelessness determination procedure, France has one of the longest established procedures in Europe and the UK introduced a new procedure three years ago. French and UK officials accordingly agreed to come to Ireland to share their experiences in establishing and operating such procedures in their respective countries at a seminar 'Statelessness Determination Procedures: Policy Options, Practical Experiences and Challenges', jointly hosted by jointly hosted by EMN Ireland and UNHCR Ireland in Dublin yesterday. The seminar followed a conference hosted by the Luxembourg EMN National Contact Point (NCP) last month, and covered on this blog."

Overview: Turkey meets 65 of 72 requirements for visa liberalisation (pdf): "On 4 May the Commission published the ‘Third Report on progress by Turkey in fulfilling the requirements of its visa liberalisation roadmap’.

The “roadmap” has 72 requirements grouped under five headings.

Here we provide an overview of the requirements and information on whether or not they have been fulfilled, as set out in the working document that accompanied the Commission’s communication.

The working document provides more detail on what Turkey has done with regard to each of the individual requirements. It also contains an 11-page annex setting out an ‘assessment of the security impact of visa liberalisation’."

See also: Commission Staff Working Document accompanying the Third Report on progress made by Turkey in fulfilling the requirements of its visa liberalisation roadmap (SWD(2016) 161 final, pdf): Detailed overview of the 72 requirements and progress made.

Further documentation: EU opens door to visa waiver as part of legally "dodgy deal" with Turkey and plans Dublin III

UK: PREVENT, Islamophobia and Civil Liberties National Conference Prevent Conference: Saturday, 4 June 2016 from 11:00 to 18:00 (BST): Central London location to be confirmed.

UK: Inside Ricu, the shadowy propaganda unit inspired by the cold war (Guardian, link):

"The Guardian unravels the secretive workings behind a campaign to stop UK Muslims from falling prey to Islamic State.

The shadowy Whitehall unit at the heart of the British government’s covert strategic communications campaign was inspired by a clandestine cold war propaganda programme. But while the cold war offensive targeted communism, trade unionists and newspapers in developing countries, the current operations are aimed at Muslims, both in Britain and the Middle East.

The British-based element of the campaign is part of the Prevent counter-radicalisation programme and is run by the Home Office’s Research, Information and Communications Unit, or Ricu."

UK: Bill forcing people to prove nationality slammed as discriminatory (Guardian, link): "Government says aim is to remove foreign national offenders from Britain but critics say bill is a toxic recipe for race relations." -

UK: Former chief constable calls for public inquiry into Orgreave clashes and beyond (Guardian, link):

"Sir Peter Fahy joins call for public inquiry over 1980s ‘police army of occupation’ and agenda of Margaret Thatcher government...A public inquiry should examine the way Margaret Thatcher’s government used the police to occupy communities during the 1980s miners’ strike, a former chief constable has said."

EU: An EU Institutions “Google Maps”? Six years after Lisbon Treaty still the quest for a common compass (ASFJ, link):

"As a preliminary disclaimer I have to say that the following observations could not be seen as neutral as I have been an official of the European Parliament for 26 years and it is more than likely that I have been influenced by that experience. That having been said what I will say echoes a direct experience in some crucial moments of the interinstitutional relations since the negotiation of the Single European Act until the entry into force of the Lisbon Treaty. I have to say that the evolution of the role of the European Parliament has not been linear even if its importance was growing Treaty after Treaty but also with some stops, not to say, some regressions, as I am afraid it is happening, quite surprisingly, since the entry into force of the Lisbon Treaty.."

Refugee crisis: latest news from across Europe (4.5.16) including important court win

UK: Independent Reviewer of Terrorism Legislation: Citizenship removal leading to statelessness (link):

"The Immigration Act 2014 revived the Home Secretary’s power to remove citizenship from UK nationals, even when they have no other citizenship. Such a power existed prior to 2003, though it had not been used since 1973.

So controversial was this power (which in its application to single nationals exceeds powers recently introduced or debated in Australia, Canada and France) that Parliament insisted on provision being made for the independent review of its operation. The Immigration Minister, James Brokenshire MP, asked me to conduct the first review.

The first report on the new power was laid before Parliament on 21 April. The power has not so far been used, so strictly speaking there was nothing to report on. But I took the opportunity in my report to explain the historical and comparative background to the power, and to set out some reasons for scepticism as to its utility in the global fight against terrorism."

See: FIRST REPORT OF THE INDEPENDENT REVIEWER ON THE OPERATION OF THE POWER TO REMOVE CITIZENSHIP OBTAINED BY NATURALISATION FROM PERSONS WHO HAVE NO OTHER CITIZENSHIP (pdf)

And see: Citizenship Deprivation: 21st Century Banishment (One Small Window, link)

EU-UK: House of Lords Select Committee on the European Union Report: The process of withdrawing from the European Union (pdf):

"EU Member States would retain significant control over the withdrawal negotiations, despite the Commission having responsibility for their conduct. (Paragraph 28)

The European Parliament’s right not to give its consent to the adoption of the withdrawal agreement would give it considerable influence. (Paragraph 29)

One of the most important aspects of the withdrawal negotiations would be determining the acquired rights of the two million or so UK citizens living in other Member States, and equally of EU citizens living in the UK. This would be a complex and daunting task. (Paragraph 30)...

The Member States would retain significant control over the negotiations on a future relationship. We note the potential for groups of Member States vetoing certain elements of the agreement to secure better deals on others. This could mean, in effect, that nothing would be agreed until everything was agreed. (Paragraph 39)."

Concern over 'political' use of solitary confinement in European prisons (The Guardian, link): "European prisons are increasingly resorting to solitary confinement to counteract the threat of terrorism, despite warnings about its impact, defence lawyers and human rights advocates say.

France, Belgium and the Netherlands are all deploying solitary and “small-group isolation” on suspected and convicted terrorists to prevent radicalisation of prisoners.

In Belgium, about 35 people are placed on isolation measures, spending 23 hours a day in their cell and one hour in a small recreation yard, also alone. Four individuals are in solitary confinement on the recently opened de-radicalisation units in the country, with more expected to arrive in the future.

In France, an unknown number of terrorism suspects are being in held in isolation blocks. Over the past year or so, France has also established several dedicated units for deradicalisation, but an apparent lack of rehabilitative or therapeutic programming means prisoners remain in their cells most of the day.

In the Netherlands, where terrorist wings have nearly reached their capacity, men are being strip and cavity searched each time they have contact with a third party or go to court."

Eurostat press release: Almost 90 000 unaccompanied minors among asylum seekers registered in the EU in 2015 (pdf): "In 2015, 88 300 asylum seekers applying for international protection in the Member States of the European Union (EU) were considered to be unaccompanied minors. While their number always stood between 11 000 and 13 000 in the EU over the period 2008-2013, it almost doubled in 2014 to reach slightly more than 23 000 persons, then nearly quadrupled in 2015.

In 2015, a substantial majority of unaccompanied minors were males (91%) and over half were aged 16 to 17 (57%, or 50 500 persons), while those aged 14 to 15 accounted for 29% (25 800 persons) and those aged less than 14 for 13% (11 800 persons). Around half (51%) of asylum applicants considered to be unaccompanied minors in the EU in 2015 were Afghans."

And see: Italy struggles to house migrants in third year of mass arrivals (Reuters, link)

More stories: Refugee crisis: latest news from across Europe (3.5.16)

EU: Commission denies free pass to Germany and Austria on border controls (Politico, link): "The European Commission plans to let EU countries impose internal border checks for another six months — including during the summer tourist season — before insisting on a return to free travel in the Schengen zone, according to officials.

In a decision due to be published Wednesday, the Commission will recommend allowing the internal border checks in five countries until November, but Brussels will require oversight of the controls that Germany and Austria, among others, are pushing for. “The decision for Wednesday is made,” said an EU official familiar with the plans.

According to a draft of the decision, seen by POLITICO, the Commission recommends allowing “Austria, Germany, Denmark, Sweden and Norway to maintain proportionate temporary border controls for a maximum period of six months, starting from the day of the adoption of this Implementing Decision” at their respective shared borders."

The Commission will include proposals for regular monitoring, according to a quote from the document seen by Politico: “Border control should be targeted and limited in scope, frequency, location and time, to what is strictly necessary to respond to the serious threat and to safeguard public policy and internal security."

Such a system would not be entirely unfamiliar - Schengen states already undergo evaluations to assess their conformity with the Schengen Borders Code, as can be seen in these Council documents (pdfs): Schengen evaluation of AUSTRIA: Action plans to remedy deficiencies identified in the 2015 evaluation report in the field of:

And: Draft Council Implementing Decision setting out a Recommendation on addressing the deficiencies identified in the 2015 evaluation of the application of the Schengen acquis in the field of the Schengen Information System by Austria (5864/1/16 REV 1, 10 February 2016) and Council Implementing Decision (6222/16, 16 February 2016)

More stories: Refugee crisis: latest news from across Europe (3.5.16)

EU: The far right is weaselling into the mainstream, dressed up in suits (The Guardian, link): "Article 7 of the EU Treaty allows a country to be sanctioned or suspended if it commits a severe breach of fundamental rights. But it needs two-thirds majority in the parliament and has never been invoked. This month it must draw the line in Austria. Europe must make clear it will refuse to recognise a far-right president in Vienna. It’s their democratic right to elect a cleaned-up fascist; it’s ours – by treaty – to suspend Austria from the EU.

We know the EU can act ruthlessly against a government it does not like – because we watched it try to smash the most anti-racist, pro-social justice government ever elected, in Greece last summer. Today the countries that stood alongside Germany in its attempt to boot Greece out of the euro are the same ones who refuse to take refugees, whose media and judiciaries are under threat. As Europe dithers in the face of the authoritarians and racists, the populations in the mature democracies that founded the EU should insist: our grandparents didn’t defeat fascism in 1945 to see it weasel back into the mainstream now, dressed in suits instead of uniforms, but trailing the same pathetic victimhood that excused the crimes of the past."

German police arrest 400 protesters outside far-right party meeting (The Guardian, link): "Hundreds of protesters have been arrested outside a conference of the far-right German political party Alternative für Deutschland in Stuttgart after attempting to block the entrance to the event.

Around 400 people were detained outside the venue where up to 2,000 AfD members are expected to pass an explicitly anti-Islam manifesto, according to Agence France-Presse. The party wants to ban the burqa and minarets in Germany.

Riot police reportedly fired pepper spray at several hundred leftwing protesters who had temporarily blocked a nearby highway and burned tyres on the road leading to the venue. Around 1,000 officers are said to have been deployed.

Protesters chanted “refugees can stay, Nazis must go”, according to local media. Placards at the demonstration reportedly included one that read: “Your hate campaign pisses us off.” The protests delayed the start of the conference on Saturday."

EU-USA: TTIP leak: nothing to worry about, says Commission

"Just a few hours after the pre-announced the 248 page leak of Transatlantic Trade and Investment Partnership (TTIP) documents by Greenpeace (Netherlands), Ignacio Garcia Bercero, the EU’s Chief Negotiator spoke to the Press in an attempt to change the initial impression left from the leaked documents. An EU source told New Europe that the documents are at least one month old.

Bercero told journalists that all of the EU’s positions revealed by the leaks were well known, while this was not necessarily the case for the positions of the United States of America."

IMMIGRATION DETENTION: Interactive map highlights alternatives

"Alternatives are any law, policy or practice by which people are able to reside in the community, without being detained for migration-related reasons.

The IDC has identified over 250 examples of alternatives from 60 countries, including those listed by country below."

UK government 'running covert counter-extremism propaganda campaign' (Middle East Eye, link): "The British government is running a covert “propaganda” campaign intended to project its counter-extremism message to British Muslims through supposedly “grassroots” community organisations, a report published on Monday claims.

Several recent high-profile counter-extremism initiatives that appeared to be the work of non-government organisations were actually orchestrated by a media company, Breakthrough Media, with close links to the Home Office's Research, Information and Communications Unit (RICU), the report says.

(...)

In some cases, the charities and organisations which fronted the campaigns were not aware of Breakthrough Media's close links to the Home Office, while Breakthough employees were required to sign the Official Secrets Act in order to conceal that relationship, the report says."

See also: David Cameron to announce new extremist crackdown in Queen’s speech (Politics Home, link) and: Statewatch Analysis: UK: The new government’s assault on civil liberties (May 2015, pdf)

UK: ‘Like Hillsborough, Orgreave cries out for justice’ (The Justice Gap, link): "We seem to be in an age of greater accountability, although it may be said that some people are still more accountable than others.

It’s one thing prosecuting 1970s radio DJs for their tendency to regard groping mainly young girls as a perk of the job; but the establishment had to be dragged kicking and screaming to recognise that they could no longer deny justice for the Hillsborough families. It took until 2010 for the government to set up an independent review of all the material.

It was the results of the work done by the Hillsborough Independent Panel that allowed the families to apply to the High Court for the verdicts in the original inquests to be quashed.

The conclusions of the jury in the Hillsborough Inquests serve as a reminder that ordinary people can fight back against the system and given a high degree of cussed determination and a cause that cries out for justice to be done can force a reluctant establishment to do the decent thing and grant them at least a measure of justice.

(...)

You might think that that was quite enough to be going on with for now. But for me there is an even bigger unresolved injustice that the establishment has dodged for more than 30 years and currently shows no signs of being willing to face up to.

I speak of course of the miners’ dispute between 1984 and 1985 in general and the so-called Battle of Orgreave in particular. I have written previously on the Justice gap about Orgreave and the details that prove there was a cover-up and a blatant attempt to pervert the course of justice by senior officers up to and including the then Chief Constable Peter Wright, who was of course still Chief Constable at the time of Hillsborough. The details are as damning as they are comprehensive. It’s what police officers and lawyers call an ‘open and shut case’."

Refugee crisis: latest news from across Europe (30.4.16-2.5.16)

Greenpeace: TTIP Leaks (links): "Greenpeace Netherlands has released secret TTIP negotiation documents. We have done so to provide much needed transparency and trigger an informed debate on the treaty. This treaty is threatening to have far reaching implications for the environment and the lives of more than 800 million citizens in the EU and US."

Download All (RESTRICTED documents, ZIP file)

EU: Legal Aid proposal: From Justicia Network: To: Civil Liberties, Justice, and Home Affairs Committee of the European Parliament Council of the European Union, and the Presidency European Commission, DG Justice (pdf):

"The JUSTICIA European Rights Network, which brings together 19 civil society organizations from 18 EU member states, believes that an effective system of legal aid is vital to ensure that everyone, regardless of economic status, is treated fairly by the law.

The Directive on Legal Aid is the last in a series of groundbreaking directives that collectively have the potential to bring about significant improvements on defence rights across the EU. We are encouraged by the progress made on this file under the Dutch Presidency. As you enter the final stages of the trilogue negotiations we urge you to continue to work towards a strong and comprehensive Directive."

UK: Pressure mounts on Sussex Police to explain involvement in monitoring of MP Caroline Lucas (The Argus, link):

PRESSURE is mounting on Sussex Police to explain whether it was involved in the monitoring of Green MP Caroline Lucas by counter-terror police.

A source close to the force said it was "almost certain" that Sussex officers would have shared information on Ms Lucas from demonstrations. Meanwhile campaigners described the monitoring of the parliamentarian as an "outrageous affront"."

Proposed EU Terrorism Directive Compromises Fundamental Rights (Liberties.eu, link): "The directive is full of broad offenses and threatens people's freedoms of movement and expression, says a group of experts in European law."

And see: EU: Meijers Committee: Note on a Proposal for a Directive on combating terrorism (pdf)

April 2016

ANOTHER "DODGY DEAL": EU-USA: DATA PROTECTION: "UMBRELLA AGREEMENT": Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, of an Agreement between the United States of America and the European Union on the protection of personal information relating to the prevention, investigation, detection, and prosecution of criminal offenses (pdf) and Annex (pdf)

And see: Marc Rotenberg President, EPIC Adjunct Professor, Georgetown Law Hearing: ""The Judicial Redress Act does not provide adequate protection to permit data transfers and it does not address the many provisions in the Privacy Act that need to be updated."

And: Statewatch Observatory: EU-USA general agreement on data protection and the exchange of personal data

Refugee crisis: latest news from across Europe (29.4.16)

UK: Police anti-extremism unit monitoring senior Green party figures (Guardian, link):

"Division tasked with spying on alleged extremists has been tracking political activities of Caroline Lucas and Sian Berry

A secretive police unit tasked with spying on alleged extremists intent on committing serious crimes has been monitoring leading members of the Green party, the Guardian has learned.

Newly released documents show that the intelligence unit has been tracking the political activities of the MP Caroline Lucas and Sian Berry, the party’s candidate for London mayor.

Some of the monitoring took place as recently as last year and seemed to contradict a pledge from Sir Bernard Hogan-Howe, the Metropolitan police commissioner, that the unit would only target serious criminals rather than peaceful protesters."

Hillsborough families to sue police for 'abuse on industrial scale' (Guardian, link):

"Lawyers acting for hundreds of those affected by disaster launch action against South Yorkshire and West Midlands police The families of Hillsborough victims are to launch a multimillion-pound high court claim against two police forces for “abuse on an industrial scale”.

Lawyers acting for hundreds of those affected by the disaster said they had launched proceedings against the South Yorkshire and West Midlands forces.

In a statement, solicitors firm Saunders Law said it was taking the high court action over the “cover-up and actions intended to wrongly blame the deceased and Liverpool Football Club supporters for the tragedy, for which there has still been no proper admission or apology”.

Exploring the Boundaries of Big Data (288 pages, pdf link):

"This study on the boundaries of Big Data brings together a number of leading academics to describe, analyse and theorize upon issues involved in Big Data from a wide variety of perspectives. As the exact nature and delineation of Big Data is still unclear, the authors explore the boundaries of Big Data rather than go to the core of this new phenomenon. They help us understand the relation of Big Data to areas such as cryptology, predictive policing, profiling, privacy, and regimes of data protection in the United States, Europe, the Netherlands and Germany, and outline some new challenges that lie ahead of us."

Refugee crisis: latest news from across Europe (28.4.16)

Council of Europe: Thorbjorn Jagland: Europe's human rights and security are at risk through populist nationalism (Press release, pdf) and Annual Report: State of democracy, human rights and the rule of law: A security imperative for Europe (pdf):

"“Europe is currently struggling with many serious challenges, including terrorism, migration andconflict. This is being successfully exploited by nationalists and populists in many places, and trustin national and European institutions is dwindling,” said the Secretary General.

“At the same time, we still see many important gaps in the laws and practices that our memberstates have in place, and basic human rights including free speech, freedom of assembly and theright to privacy are increasingly being restricted."

Greece: Antifascist Action for Greece (link)

"at a time wherethe refugee crisis, the austerity agenda, and the rise of racism and neo-fascism in Europe are reaching their peak, at a time when "civilised" Europe is asked to prove whether it has ever had a Renaissance or it never left the Dark Ages,we remain adamant to our ideals and founding statement, and mobilise in whatever way we can to continue our struggle, from our side of history....

If you agree with our aims and modus operandi, then join our struggle for a world where nobody feels it is necessary to tread on others in order to survive. A world emancipated from any source of fascism, totalitarianism, and authoritarianism."

USA: An Opening for Justice for CIA Torture (HRW, link):

"The United States government just opened the door a crack to justice for the torture of scores of men in CIA custody under its infamous detention and interrogation program. For the first time, the Justice Department didn’t effectively block a lawsuit by detainees held and tortured by the CIA by invoking, as it had done in previous similar lawsuits, the “state secrets privilege.”
us cover

The privilege requires a court to give great deference to a government claim that litigating a case would risk revealing state secrets that would jeopardize national security...."

EU: Fundamental Rights Agency: Ensuring justice for hate crime victims: professional perspectives (pdf)

"The 2012 Directive establishing minimum standards on the rights, support and protection of victims of crime acknowledges that hate crime victims are particularly vulnerable and stresses their right to protection in accordance with their particular needs. EU Member States should strive to improve access to justice for such victims, both by supporting victims in reporting their experiences to the police and by improving the police and judiciary’s responses. This report aims to encourage such efforts."

Frontex 2.0: The European Union’s armed wing - Further reinforced and still untouchable (MIgreurop, link): "

By August 2016, the European institutions aim to replace Frontex by a new coast guards and border-guards agency which will further jeopardise the rights of migrants and refugees. This new mandate reinforces the serious concerns expressed by the FRONTEXIT campaign since its establishment: deter, control and keep away men, women and children deemed undesirable while they are exerting their right to leave any country and the right to seek asylum."

Rare Victory for Privacy in Germany’s “War Against Terror” (Human Rights Watch, link):

"Germany’s Constitutional Court ruled that parts of the law (“BKA-Gesetz”) granting surveillance powers to federal police are unconstitutional, because they do not have sufficient safeguards to ensure a balance between the rights of the individual to privacy, and the interests of the state in investigating potential crime. Certain powers – the ability to conduct surveillance through recorded conversations or photographs, to carry out wiretaps, or remotely search computers – did not have adequate restrictions, including the possibility for judicial review, to guarantee that intrusions on the privacy of German citizens would be justified and proportionate, the court found."

European experts to probe Polish police law (euobserver, link): "The Venice Commission is travelling to Poland again.

The commission, a body of experts on constitutional law from the human rights watchdog Council of Europe, will visit on Thursday and Friday (28 and 29 April) to gather information on a police law adopted on 15 January. The updated police law is known in Poland as the “act of surveillance”. "

European Parliament Analysis: The application of universal jurisdiction in the fight against impunity (pdf):

after twenty years of ‘fighting impunity’ for gross human rights violations through universal jurisdiction, the results are meagre at best and far from ‘universal’ in any meaningful sense. This study examines not only what went wrong and why, but also which role, if any, the European Union (EU) can play to improve the principle’s application amongst EU Member States and third countries."

European Parliament: Briefing: Regulation 604/2013 (Dublin Regulation) and asylum procedures in Europe (pdf) and Briefing: Virtual Currencies (pdf)

Refugee crisis: latest news from across Europe (26.4.16): Riot police out in Moria camp, refugee to be re-labeled as "displaced people"

EU: Council of the European Union: Developing its negotiating positions on: Weapons Directive and Discrimination

- Draft Directive amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons = Revised text (LIMITE doc no: 5622-rev-2-116, pdf) With 116 footnotes - Member State positions.

- State of Play: Proposal for a Council Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (LIMITE doc no: 7957-16, pdf)

EU: Council of the European Union: Operational C-T cooperation & "Youth sector" and radicalisation

- Development of a structured approach for operational cooperation on countering terrorist threats (LIMITE doc no: 7796-16, pdf):

"Following the Paris attacks on 13 November 2015, the Council on 20 November 2015 in its conclusions on Counter-Terrorism (CT) called for COSI to liaise with competent Working Parties of the Council and with the Commission and EU agencies to ensure effective implementation of the operational measures agreed. In this context, COSI was asked by the Council to examine the possibility to develop a methodology for a structured and multilateral approach for operational cooperation on countering terrorist threats" [emphasis in original]. It seems extraordinary that the EU is still at the stage of "developing a methodology" for operational cooperation to counter terrorist attacks.

And see: Counter-terrorism: Proposals on information sharing and operational cooperation (Statewatch) including: The Counter-Terrorism Coordinator's report: Systematic feeding and consistent use of European and international Databases - information sharing in the counter-terrorism context (LIMITE doc no: 7726/16, pdf)

- Draft conclusions of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, on the role of [...] the youth sector in an integrated and cross-sectoral approach to preventing and combating [...] radicalisation leading to violent extremism of young people (LIMITE doc no: 7784-16, pdf):

"The process of identity development towards violent extremism can be influenced by many factors such as a multi-problem family background, peers, internet and social media and the position of groups of young people in society often confronted with discrimination, humiliation, exclusion, injustice and a lack of prospects, leading to feelings of frustration...

Young people must have awareness about democracy, equality, democratic principles, and respect for human dignity and human rights, as well as about media and information literacy...." [emphasis in original]

UK: Sheffield: Hillsborough inquests jury says 96 victims were unlawfully killed - Jurors also rule Liverpool fans’ behaviour at 1989 FA Cup semi-final did not contribute to disaster as verdict vindicates families (Guardian, link):

"The 96 people who died at Hillsborough in 1989 were unlawfully killed due to gross negligence manslaughter, the jury at the new inquests into the disaster has determined.

The verdict represents a vindication for the bereaved families who have fought for 27 years against South Yorkshire police claims that misbehaving supporters caused the disaster, as well as against the 1991 verdict of accidental death.

The jury decided that the behaviour of Liverpool supporters at Hillsborough did not contribute to the dangerous situation that developed outside the football ground, rejecting a claim by South Yorkshire police which the families and survivors of the disaster have relentlessly denounced as a cover-up."

and Hillsborough disaster: Fans unlawfully killed (BBC News, link)

EU: Council of the European Union: PRUM data exchange::Decisions - overview of documents and procedures - overview of declarations - state of play of implementation of automated data exchange (doc no 5017-16, pdf)

See also: DNA databases keep growing (Statewatch)

EU: European Commission: Online Platforms and the Digital Single Market - Opportunities and Challenges for Europe (pdf) EDRI comments: :

Privatised law enforcement: "responsible behaviour of online platforms, inter alia to fight against illegal and harmful content and to ensure adequate protection of all and especially vulnerable ?platform users as well as of core societal values" (Page 6)

On Big Data: "Data is the fuel of the digital economy and platforms need to collect data as part of their service and in order to optimise consumers' online experience. Data also underpins marketplace efficiency and innovative uses of data can boost economic productivity. Its importance goes beyond purely economic purposes as the collection and analysis of vast amounts of data can save lives, improve education, and enhance government services. However, large-scale data collection also has the capacity to create new power asymmetries, and potentially reinforce disadvantages faced by low-income and underserved communities, or to unwittingly influence people's behaviour or choices? particularly in the context of purchasing a product or enlisting a service, but also in influencing other choices such as political or societal ones." (Page 11)
NETHERLANDS-TURKEY:
Commission on Press freedom: “We are following the Dutch journalist case very closely” (New Europe, link)

"Almost two days after the Turkish State arrested Ebru Umar, a Dutch journalist of Turkish decent, as she tweeted a very critical piece written for Dutch Metro daily, the European Commission answered to reporters in Brussels that kept pounding the Commission spokespersons for answers.

“More generally speaking, the EU has very clearly said that Turkey as a country must respect democratic standards which include freedom of press and that to the highest possible extent.” answered Maja Kocijancic, Foreign and Security Policy Spokesperson...Kocijancic avoided to tell more on the case...".

and see: Dutch journalist detained in Turkey slams house burglary as ‘intimidation’ (hurriyetdailynews.com, link): "A Dutch journalist of Turkish descent who was briefly detained by Turkish police after tweeting critical remarks about the country’s President Recep Tayyip Erdogan has said her Amsterdam apartment has been broken into, denouncing what she described as “intimidation.”

“So there was a burglary in my Amsterdam home. I m impressed. intimidated. o wait... I M NOT,” Ebru Umar wrote on her Twitter account in English. In another Tweet, she suggested the break-in was “no coincidence.”

Police detained Umar on April 23 in the touristic resort town of Kusadasi in the Aegean province of Aydin, after she tweeted an extract from a recent piece she wrote for Dutch daily Metro, critical of Erdogan. Umar said she was hauled out of bed for the arrest." [emphasis added]

LuxLeaks whistleblowers go on trial (euractiv, link): "Three people go on trial in Luxembourg today (26 April) over the so-called LuxLeaks scandal that exposed the country’s huge tax breaks for major international companies, with the issue riding high after the recent Panama Papers revelations."

USA: Declassified Foreign Intelligence Surveillance Court (FISC) opinions

"United States government agencies have long conducted warrantless secret surveillance, collecting and searching through electronic data for intelligence purposes. However, a newly declassified opinion by the US Foreign Intelligence Surveillance Court (FISC) bolsters concerns about the ways in which law enforcement agencies – such as the Federal Bureau of Investigation (FBI) – may also be sifting through information obtained without warrants.

These searches could have serious consequences for people charged with a crime in US courts."

EU: European Parliament: Liberal and democratic MEPs make last-minute attempt for more Europol powers

"The ALDE Group in the European Parliament has today tabled legislative amendments to the regulation on the European Union Agency for Law Enforcement Cooperation (Europol) aimed at strengthening Europol's mandate and providing it with a genuine European investigation capacity. Given the transnational nature of the threats Europe is facing, especially in the wake of the Paris and Brussels terrorist attacks in France and Belgium, ALDE proposes concrete measures to give Europol a genuine investigation capacity:

- Europol's mandate: Europol has to provide a cross-border investigation capacity in preventing and combating terrorism and serious crime.

- Initiation of a criminal investigation: Europol needs a legal capacity to request the initiation of a criminal investigation.

- Information by Europol National Units: Europol National Units should facilitate cooperation among Member States and provide the basis for a European investigation capacity. National units should be obliged to share information."

EU: Draft Council conclusions on radicalisation and youth work

"The recent terrorist attacks in Belgium, France and Denmark, and similar atrocities in Europe in the past, as well as the rise in incidents of hate-crime, destabilising propaganda and violent xenophobia in Europe, show an urgent need for contributions from all sectors in society, including the youth sector, to fight radicalisation1, maintain social stability and a positive and safe environment for growing up and living in families, communities2 and the wider society in Europe."

See: Draft conclusions of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, on the role of [...] the youth sector in an integrated and cross-sectoral approach to preventing and combating [...] radicalisation leading to violent extremism of young people (7784/16, 20 April 2016, pdf)

EU: Counter-terrorism: proposals on information sharing and operational cooperation

"There are still major gaps in intelligence sharing regarding DAESH fighters that have returned to Europe in the wake of the Brussels and Paris attacks, the EU's anti-terrorism coordinator warned Thursday.

The report, presented by Gilles de Kerchove at an interior ministers' meeting in Luxembourg, comes after repeated calls by European Union leaders for greater cooperation in dealing with extremists that attempt to return from Syria and Iraq.

"There are still significant gaps in the information being fed to Europol," the report indicated, referring to data on so-called foreign terrorist fighters who travel abroad and are then at risk of returning to their countries of origin to carry out more attacks."

CYPRUS-EGYPT: The “love-struck” hijacker – a story of state repression garnished with social media gossip! (KISA, link): "In his letter, Mr Mustafa explained that he hijacked the plane to remind the international community that a dictatorship rules his country, that people are incarcerated without a fair trial and that his demand was the release of many women prisoners detained undemocratically by the regime. He also expressed his wish to receive international protection by the Cypriot authorities because in the event of his return to Egypt, he will not have a fair trial and he will be treated inhumanly.

(...)

Unfortunately, the way Cyprus has handled this case is not an isolated incident. The manner in which the Cypriot government recently conducted itself politically in the handling of the extradition of two Russian dissenters denotes its deliberate indifference to violations of human rights in the altar of political expediencies and the protection of its relationship with its “strategic” partners.""

The articles note that the Cypriot authorities have not permitted Mr Mustafa access to the asylum procedure, nor have they permitted him to access his lawyer or sent him for assessment by a psychologist, despite claims of his "psychological instability". Instead, an extradition order for him to be returned to Egypt was "signed between the two countries on the basis of their collaboration in the fields of energy, drilling and exploitation of hydrocarbons."

UK: Detective sacked over Mark Duggan gun enquiry (BBC News, link): "A detective has been sacked over his failed investigation into an associate of Mark Duggan, whose shooting by police sparked riots in August 2011.

The probe centred on Mr Duggan's associate, Kevin Hutchinson-Foster, who beat a man with a gun in east London.

Six days after the attack he gave the same gun to Mr Duggan, who was shot 15 minutes later by armed police.

The police watchdog found errors in how an officer, named only as DC Faulkner, conducted the initial investigation.

The officer was dismissed without notice."

The report by the IPCC: Alleged MPS failure to investigate an allegation of serious assault on 29 July 2011 (pdf)

UK: Hillsborough Jury Reaches Decisions On Deaths (Sky News, link): "The Hillsborough inquests jury has reached decisions on all questions related to the deaths of 96 football fans.

Jurors have crucially reached a decision on the one question they had not been able to agree on - whether the fans were unlawfully killed.

Last week they indicated they were unable to reach a unanimous verdict, but the coroner said today he would accept a majority verdict.

The jury has indicated that at least seven of the nine members agree."

See also: Hillsborough jury can return majority decision on unlawful killing question (The Guardian, link)

UK: Anti-semitism: thought or deed? (IRR, link): "Significantly, but without much fanfare, an expanded definition of anti-Semitism entered the UK’s policy arena this April.

An article by Eric Pickles, former secretary of state for communities and local government, chair of the Conservative Friends of Israel and, since September 2015, UK special envoy for post-Holocaust issues, entitled ‘A definition of antisemitism’ introduced the government’s ‘Combating Anti-Semitism: a British best practice guide’ just before the announcement of a short Home Affairs Committee inquiry into anti-Semitism. And in it, anti-Semitism, traditionally defined simply as ‘hostility to or discrimination against Jews’ (Concise Oxford Dictionary) was replaced by an enormously long definition which not only includes attacks (physical or verbal) on Jewish people and community institutions but also ‘manifestations … target[ing] the state of Israel, conceived as a Jewish collectivity’, such as: ‘denying the Jewish people their right to self-determination, eg, by claiming that the existence of a State of Israel is a racist endeavour; applying double standards by requiring behaviour not expected or demanded of any other democratic nation … drawing comparisons of contemporary Israeli policy to that of the Nazis..."

See also: UK: New accusations of antisemitism thrown at the left are flimsy (OpenDemocracy, link): "Yet despite the almost comical paucity of supporting evidence, the notion that antisemitism is a growing problem on the Labour left is rapidly congealing into conventional wisdom. Labour rightists and pro-Israel activists have seized the opportunity afforded by the febrile atmosphere to prosecute petty vendettas, wage factional warfare and advance long-held political objectives. The smear campaign against Malia Bouattia, who was last week elected the first black Muslim woman president of the National Union of Students (NUS), must be understood in this context. She is the latest victim of this juggernaut."

European Parliament: In-depth analysis: The application of universal jurisdiction in the fight against impunity (pdf)

Study produced by the Parliament's Directorate-General for External Policies:

"Most international lawyers and liberal internationalists agree that universal jurisdiction exists, but everyone has a different understanding of what it means. Enormous amounts of time and resources have been expended over the last two decades by learned bodies, intergovernmental and non-governmental organisations to ‘study and clarify’ the principle of universal jurisdiction. Even more resources have been expended to put it into practice. Yet to this day, less than two dozen trials have been conducted on the basis of universal jurisdiction, all but one in Western Europe. Thus after twenty years of ‘fighting impunity’ for gross human rights violations through universal jurisdiction, the results are meagre at best and far from ‘universal’ in any meaningful sense. This study examines not only what went wrong and why, but also which role, if any, the European Union (EU) can play to improve the principle’s application amongst EU Member States and third countries."

Refugee crisis: latest news from across Europe (25.4.16)

EU: European Parliament briefing: Virtual currencies: Challenges following their introduction (pdf): "Virtual currencies began creating controversy soon after their launch. The nature of virtual currencies is difficult to apprehend, the underlying technology is complicated, their operations are conducted in a decentralised way, and they are almost unregulated. No-one can predict if a particular virtual currency may become a direct competitor for existing currencies in the distant future, or if it might just collapse overnight. What is certain, however, is the high level of volatility demonstrated by today’s market leader, Bitcoin."

UK: Immigration Bill: Lords Amendment 84: Immigration detention: time limit and judicial oversight (The Detention Forum, pdf): "Lords amendment 84 introduces automatic judicial oversight of immigration detention for the first time. Contrary to the title, it does not introduce a time limit, but would provide an important judicial safeguard to the Home Office's powers of detention. The amendment would require the Home Secretary to gain the permission of the First Tier Tribunal if she wanted to detain an individual for immigration purposes for longer than 28 days. The automatic judicial oversight would not apply in cases involving people who have either been given a criminal sentence of 12 months or longer or who face deportation."

Turkey widens crackdown on EU free speech (EUobserver, link): "Turkey has detained a Dutch journalist and issued complaints over German and Swedish projects to commemorate the Armenian genocide.

The actions come on top of calls for legal action against Dutch and German comedians, prompting awkward questions for EU leaders.

Ebru Umar, a Dutch journalist of Turkish origin, was arrested while on holiday in Turkey on Saturday (23 April). She was later let go but forbidden to leave the country.

The arrest came after she wrote a story for Dutch daily Metro in which she compared Turkey’s effort to crack down on free speech in Europe to “NSB practices”, referring to the Dutch Nazi party in World War II, and in which she called Turkish president Recep Tayyip Erdogan a “megalomaniac dictator.”

She also tweeted parts of her story, leading to her arrest in Turkey, where insulting the president is punishable by up to four years in prison."

EU: DNA databases keep growing

A document published in March by the Council of the EU contains statistics for DNA, fingerprint and vehicle registration data exchanged between Member States as part of the "Prüm" framework, set up in 2008.

The DNA database of every EU Member State increased in size over the course of 2015, except for Malta's.

See: Council of the European Union: statistics and reports on automated data exchange for 2015 (10 March 2016, 5129/16, pdf): "The General Secretariat provides herewith a compilation of statistics for 2015 concerning the automated exchange of DNA data, of dactyloscopic reference data [fingerprints] as well as of Vehicle Registration Data (VRD)."

AUSTRIA: Far right on the rise

"Austria's government was licking its wounds Monday after a historic debacle that saw the opposition anti-immigrant far-right triumph in a presidential ballot two years before the next scheduled general election.

According to preliminary results, Norbert Hofer of the Freedom Party (FPOe) came a clear first with 36 percent of the vote, while candidates from the two governing parties failed to even make it into a runoff on May 22.

The result means that for the first time since 1945, Austria will not have a president backed by either Chancellor Werner Faymann's Social Democrats (SPOe) or their centre-right coalition partners the People's Party (OeVP).

"This is the beginning of a new political era," FPOe leader Heinz-Christian Strache said after what constituted the best-ever result at federal level for the former party of the late Joerg Haider, calling it a "historic result"."

UK: The Police Have Used Tasers on Children Hundreds of Times (Vice, link): "On Thursday, the small but robust police-monitoring group Stop Watch released a report that makes concerning reading if you're the kind of bleeding-heart liberal who thinks it's bad for the police to electrocute minors.

The cornerstone of the report, a formal submission to the UN Committee on the Rights of the Child, was the responses to a series of FOI requests on the police use of Tasers against children. Tasers have been deployed – which could mean anything from drawn, aimed or fired – by the Metropolitan Police 185 times against children during the period Jan 2014-Nov 2015, and 16 of those times against children 14 years old or younger. Tasers were fired against children by the Met ten times, including once at a 13-year-old child. In the rest of England and Wales, 28 of the 43 forces that responded to the FOI request (excluding the Met), deployed Taser guns against minors more than 407 times, including 57 times against those 14 or under. Among these deployments, Tasers were fired 34 times.

As is often the case with FOI responses, the information provided is not complete – some forces found ways to avoid or delay replying. But at the very least, we know that 2014 and 2015 saw the police in England and Wales actually fire Tasers at children a minimum of 44 times."

See: StopWatch: UN Submission:The Policing of Children in England and Wales and International Human Rights Standards (link) and The Policing of Children in England and Wales and International Human Rights Standards - Submission to Committee on the Rights of the Child from StopWatch (pdf)

UK: Undercover policing: spycops north of the border

" A SALES engineer from Angus was in charge of a secret police squad being investigated by a public inquiry.

(...)

His biography said: “Seconded to a National Unit responsible for gathering, assessing and disseminating intelligence relating to domestic extremism, including animal rights, left and right wing extremists and environmental extremism. Attending force areas throughout the UK, I would work with covert assets to assist with the planning, preparation and implementation of any operational policing response to planned demonstrations where there was potential for extremist activity.”

In September 2003, his biography said he was promoted to detective sergeant with NPOIU and “coordinated the activities of five field officers who had liaison responsibilities across all police forces within the UK.”

He claimed to have been involved in policing at the G8 Summit at Gleaneagles in 2005 when undercover Met officers were working in Scotland. They included the most notorious, Mark Kennedy, who was attached to the NPOIU between 2003 and 2010 until being exposed."

Refugee crisis: latest news from across Europe (23-24.4.16)

Snowden sues Norway to avoid extradition during visit (The Local.no, link):

"Fugitive US intelligence contractor Edward Snowden has filed a lawsuit against the Norwegian government seeking a guarantee he will not be extradited if he visits to accept an award, a literary rights group said on Thursday.

The Norwegian branch of the PEN Club has invited Snowden, who has been living in exile in Russia since 2013 after revealing widespread US foreign surveillance, to collect the Ossietzky prize for freedom of expression in November."

EU: Justice and Home Affairs Council, 21 April, Luxembourg: Final press release (pdf) and see: Asylum decision practices: The Council approved the following conclusions (pdf)

"B" Points Agenda (for discussion, pdf); "A" Points Agenda : (non-legistative adopted without discussion, pdf); and: Background Note (pdf)

Finnish court suspends Dublin returns to Hungary

"Finland’s Supreme Administrative Court recently ruled that returning an Afghan asylum seeker to Hungary was problematic because of the country’s asylum procedures.

The court declared that deporting asylum seekers via Serbia threatened the fundamental rights of people seeking international protection. As a result of the Court’s decision the Finnish Immigration Service has suspended asylum seeker returns to Hungary.

The Afghan asylum seeker had come to Finland by way of Hungary and Serbia. The Supreme Administrative Court deemed that there is a risk that the man would be deported from Hungary to Serbia and from there to Afghanistan without having any authorities assess his asylum application or his need for international protection. Hungary is the only EU country that considers Serbia to be safe for asylum seekers and returns them there.

The Court determined that there are major problems with Hungary’s asylum procedures. It pointed to large numbers of asylum applications, difficulties in providing legal guidance and other problems facing asylum seekers in Hungary. It said that these factors made it impossible to be clear if the man’s return to Serbia and other third countries would be stopped or deferred."

See: Finland suspends asylum seeker returns to Hungary following higher court ruling (YLE, link). Hungary is the second EU country to which asylum-seekers can no longer be returned from Finland. A previous court ruling saw returns to Greece suspended.

See: Refugee crisis: latest news from across Europe (22.4.16): international law and EU policies of non-assistance at sea; an examination of what happens to those deported from Greece to Turkey; and news articles from across Europe.

EU: Onwards to the "Security Union"

"The Commission is today setting out the way forward towards the achievement of an effective and genuine EU Security Union – building on the European Agenda on Security presented on 28 April 2015. Whilst responsibility for security lies primarily with Member States, transnational threats such as terrorism cannot be addressed effectively without a common European approach. The necessary tools, infrastructure and environment are being built at European level for national authorities to work effectively together to meet the shared challenge. But the full added value of a Security Union depends crucially on the use that is made of this framework, to close operational loopholes and plug information gaps. This requires a step change at the level of Member States and their law enforcement authorities, working closely with EU Agencies."

European Commission, Delivering on the European Agenda on Security to fight against terrorism and pave the way towards and effective and genuine Security Union (COM(2016) 230 final, 20 April 2016, pdf)

EU: SMART BORDERS: Bulgaria Calls for Equal Access to EU’s Entry-Exit System for All Member States (Novinite, link): "Bulgaria’s Interior Minister Rumyana Bachvarova has called for equal access of all member states to the proposed Entry-Exit System of the EU to boost the efficiency of the fight against organized crime and terrorism.

“We all should be able to make full use of the new centralized system whis is being developed,” Bachvarova said at a meeting of the Justice and Home Affairs Council in Luxembourg on Thursday, according a statement from the ministry. (...)

Bulgaria, which is not member of the EU’s free-travel Schengen area, currently cannot use in full the potential of key information systems of the bloc. At the same time, the country ensures security along one of the most important and vulnerable EU external borders amidst the current migration crisis, Bachvarova said."

See the new proposal for an Entry-Exit System, published on 6 April: European Commission, Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third country nationals crossing the external borders of the Member States of the European Union and determining the conditions for access to the EES for law enforcement purposes and amending Regulation (EC) No 767/2008 and Regulation (EU) No 1077/2011 (pdf) and Annexes 1 to 2 (pdf)

French 'Nuit Debout' protest movement shows no sign of losing steam (Deutsche Welle, link): " Deep into its third week, France's Nuit Debout - or "Up All Night" - defies easy stereotypes. The social movement that began March 31 to protest government-proposed labor reforms has morphed into a leaderless and hodgepodge citizens' movement aimed to occupy, to recreate and to offer a grassroots voice for at least one slice of the French population.

Some observers compare it to the May 1968 protests in France, when occupied universities, massive demonstrations and crippling strikes left a long-term mark on the country. Others to social movements like Occupy Wall Street in the United States or the Indignados uprising in Spain that gave rise to the leftist Podemos party.

Still others have poked fun at it. French cartoonist Xavier Gore, of "Le Monde" newspaper, depicted a bunch of penguins gathered with the tagline: "Let's meet here every night until we can figure out why."

How it will end is anybody's guess."

How fair are trials at the International Criminal Court? Three examples of concern (Fair Trials, link): "While acknowledging that ICC trials are conducted according to international recognized standards and the governing laws and regulations guarantee the rights of the accused, there are structural limitations. Seven years after the opening of the first trial different patterns have emerged which are of concern from a fair trial perspective. Three common examples:

1. Regulation 55

The ICC’s Regulations contain the controversial regulation 55 which allows the judges to recharacterize the facts presented by the parties to enable more focused trials. The provision has been used in various cases and at different stages of the proceedings to make law and facts better fit. (...)

2. Long proceedings

While long trials are common at many international courts, the ICC in addition to the trial has developed an extensive pre-trial phase at the end of which the charges against a person are either confirmed or declined. This means that most suspects are in pre-trial detention for a year or longer before it is clear whether they will go on trial at all. (...)

3. Inherent bias

The defense side and the accused are rarely at the center in international criminal trials. Instead, the focus is often on victims and the “fight against impunity” for heinous crimes. From such a perspective a conviction is seen as a victory of justice while an acquittal is considered a failure of the court."

EU: Europol joins UK appeal to report extremist and terrorist material online using red "stop" button (press release, pdf): "1 622 media content and social media accounts in 4 languages containing terrorist and violent extremist propaganda – hosted by 13 social media and online service providers - were processed for the purpose of referral by Europol.

Europol joined forces with the UK National Counter Terrorism Internet Referral Unit (CTIRU) on a 36-hour operation to secure the removal of the material as quickly as possible. Several teams of Europol specialists, analysts, translators and counter-terrorism experts supported the British colleagues throughout the operation from the Agency's headquarters in The Hague.

The UK CTIRU had previously launched a national appeal for internet users to report harmful extremist and terrorist material when they see it online using the red "STOP" button. All last week, UK police and partners used their social media channels to urge people to report material they suspect is extremist or terrorist by clicking on a distinctive red "STOP" button that can be found on their websites. STOP stands for Stop Terrorists' and extremists' Online Presence."

For more information on Europol's plans for policing the internet, see: Policing the internet: from terrorism and extremism to "content used by traffickers to attract migrants and refugees" (pdf)

UK: UN special rapporteur criticises government policies on return visit

"The UK government’s strategy to counter Islamist extremism is affecting the discussion of terrorism, the UN’s special rapporteur on the right to freedom of assembly has said.

Attempts to identify and counter Islamist extremism through the Prevent programme had “created unease and uncertainty around what can be legitimately discussed in public,” said Maina Kiai, at the end of a three-day visit to the UK in which he warned Britain must live up to its human rights commitments.

“I heard reports of teachers being reported for innocuous comments in class, for example,” Kiai said. “The spectre of Big Brother is so large, in fact, that I was informed that some families are afraid of discussing the negative effects of terrorism in their own homes, fearing their children would talk about it at school and have their intentions misconstrued.”"

Refugee crisis: latest news from across Europe (21.4.16)

EU: Childrens' rights: EU strengthens rights of children in criminal proceedings (Council of the EU press release, pdf):

"On 21 April 2016, the Council adopted the final text of a directive strengthening rights of children in criminal proceedings. The directive provides a number of procedural safeguards for children (i.e. individuals below 18) who are suspected or accused of having committed a criminal offence. The directive includes additional safeguards compared to those that already apply to suspected and accused adults.

A core provision of the directive relates to assistance from a lawyer. Member states should make sure that suspected or accused children are assisted by a lawyer, where necessary by providing legal aid, unless assistance by a lawyer is not proportionate in the light of the circumstances of the case. Other important provisions of the directive concern the provision of information on rights, the right to have an individual assessment, to a medical examination, and to audio-visual recording of questioning. It also provides special safeguards for children during deprivation of liberty, in particular during detention.

This final adoption of the directive follows a political agreement between the two legislators in December 2015 and the subsequent approval by the European Parliament on 9 March 2016. Once published in the EU Official Journal, member states will have three years to transpose the provisions into their national laws. Denmark, the UK and Ireland have opted out of this directive and will not be bound by it."

And: Full text of the Directive (pdf)

EU: Legal Analysis: Migrants in Greece are denied the rights to international protection and family unity. The visit to the camps in Idomeni and government-run camps, and a legal analysis of the situation we observed. (pdf) Prepared by ASGI, Italy.

"A delegation of eight participants in the course of the “Advanced training school for legal operators specialised in international protection” organised by ASGI in Rome alongside legal operators from the ADL Zavidovici association, the K-Pax cooperative, the Idea Prisma 82 cooperative and the Alternata cooperative travelled to Greece within the framework of the #overthefortress caravan organised by Melting Pot and the Ambasciata dei Diritti delle Marche to observe the legal conditions of migrants in the camp in Idomeni and the government-run camps in the vicinity. The monitoring was also carried out with the help of mediators from the caravan.

On 26 and 27 March, we visited the Idomeni camp and interviewed the foreign citizens who were there, as well as some international organisations."

Translation by Statewatch. The original version (in Italian) of the report "Idomeni, un'analisi giuridica sui diritti negati ai migranti" is available on the ASGI website.

UK spy agencies have collected bulk personal data since 1990s, files show (Guardian, link):

"Agencies privately concede that ‘intrusive’ practices can invade privacy and that data is gathered on people ‘unlikely to be of interest’...

The files show that GCHQ, the government’s electronic eavesdropping centre based in Cheltenham, was collecting and developing bulk data sets as early as 1998 under powers granted by section 94 of the 1984 Telecommunications Act. ... Another MI5 file notes that datasets “contain personal data about individuals, the majority of whom are unlikely to be of intelligence or security interest”." [emphasis added]

See Privacy International link with all the documents: Bulk Personal Datasets Challenge

and in the Intercept (link): "Elsewhere in the documents, eavesdropping agency Government Communications Headquarters (GCHQ) and domestic intelligence agency MI5 admit that they have obtained the bulk datasets on several occasions dating back more than a decade – GCHQ beginning in 1998, and MI5 in 2005 – under Section 94 of the 1984 Telecommunications Act" [emphasis added]

Hillsborough inquests jury has reached decisions in all but one topic (Livepool Echo, link): "The jury in the Hillsborough inquests has reached decisions on all but one topic.

The court, in Birchwood Park, Warrington, was today adjourned until Monday after the jury asked for some guidance as they continued deliberations for a 10th day.

Court resumed just after 1.15pm when coroner Sir John Goldring responded to a note the jury had sent."

Europe’s rule-of-law crisis (New Europe, link):"Two EU members in particular, Hungary and Poland, are now jeopardizing hard-won European democratic norms – and thus undermining the very purpose of European integration."

German court: anti-terror laws partially unconstitutional (DW, link) : See Court Press release: Constitutional Complaints Against the Investigative Powers of the Federal Criminal Police Office for Fighting International Terrorism Partially Successful (link) and Decision (link, German)

On 20 April, the German Constitutional Court declared in a landmark decision surveillance powers of the Federal Criminal Police Office (Bundeskriminalamt - BKA) and provisions for information exchange partly unconstitutional.

The powers at stake were introduced in 2008 in order to expand the mandate of the BKA in the field counterterrorism. It authorised among others bugging of homes, online searches of computers and covert interception of communication for the purpose of preempting terrorism. Before, only German state police forces had the mandate of crime prevention. Therefore, critics feared the emergence of a German FBI. Although the constitutional court did not scrap the new powers at all, the judges limited their scope and called for precise regulation, the protection of intimate information, better oversight and more transparency.

Moreover, the judges limit both domestic and international information exchange by the BKA and call for adequate data protection standards in foreign non-EU countries as a prerequisite for data transfers by the BKA. The BKA Act is now to be revised in summer 2018 but is it clear that the decision of the Court is also a message to the intelligence agencies and their information sharing with the NSA and other partners.

European Parliament: Study: Research for TRAN Committee – Self-piloted cars: The future of road transport? (pdf)

"The study provides an analysis of the development of automated vehicles inside and outside the EU, including both the technologies which are already on the market and those under testing and research. The EU is giving increasing attention to automated and connected vehicles as they could have huge impacts on road safety, travel behaviour and urban development. The study reports on state of the art key research projects and large scale testing in this area and discusses future pathways and potential impacts of increasing vehicle automation. It concludes with recommendations on aspects that should be considered when shaping policies to sustain the research and development, and bringing to market, of highly automated and connected vehicles."

Refugee crisis: latest news from across Europe (20.4.16)

France seeks to extend state of emergency until end of July - Measures brought in after Paris attacks should cover Euro 2016 championship and Tour de France, ministers say (Guardian, link): "The French government is seeking to extend the state of emergency that has been in place since November’s Paris attacks to cover the period of the Euro 2016 football championship and the Tour de France.

Manuel Valls, the prime minister, said Euro 2016, hosted by France from 10 June, was a security priority.

“Faced with an event this big ... which must take place in conditions of security and which at the same time should be a celebration.... we have to ensure security,” he told France Info radio. “The state of emergency cannot be permanent but for these big events ... we have decided to prolong it.” "

UK: Britain’s scientists must not be gagged (Guardian, link): "A ban on state-funded academics using their work to question government policy is to begin on 1 May. It’s either a cock-up or a conspiracy "

PEGIDA founder dragged before German court (euractiv, link): "Lutz Bachmann, one of the founders of the German xenophobic PEGIDA movement, was put on trial in Dresden yesterday (18 April). The prosecution accuses him of having repeatedly harassed refugees and migrants on social media and inciting hatred. EurActiv Germany reports."

Refugee crisis: latest news from across Europe (19.4.16)

UK: House of Commons Briefing: Radicalisation in prisons in England and Wales (pdf):

"This Commons Library briefing describes how the Government is seeking to tackle extremism and, in particular, radicalisation in prisons. It examines

• The difference between faith and radicalisation
• Why people become radicalised
• What is happening within prisons
• How radicalisation is being countered in prisons and
• Whether the National Offender Management Service is doing enough."

UK: Supreme Court allows appeal against residence test for legal aid (Free Movement, GC, link): "The Supreme Court has allowed the appeal against the residence test for legal aid, overturning the Court of Appeal judgment in favour of the Home Office. The basis for the Supreme Court’s decision is that the Lord Chancellor, Chris Grayling at that time, did not have the legal power to introduce the residence test. A second issue was to be argued regarding whether the test was unjustifiably discriminatory and so in breach of common law and the Human Rights Act 1998 but the Court did not hear argument on that question."

Article 29 Working Party Delivers Its Opinion on the EU-U.S. Privacy Shield (Covington, link): Useful summary.

EU: Full text of the PNR Directive as agreed

See: DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime (pdf)

EU: Common Foreign and Security Policy (CFSP): migration control to take more prominence in overseas missions

A paper produced by the European External Action Service in February 2016 provides an overview of current CFSP missions and sets out possibilities for their future development. Key issues are ensuring that missions take into account the requirements of EU migration and counter-terrorism policy, and the paper notes overall that: "there will likely be needs to intensify CFSP actions in support of Third States, either via projects implemented by civilian CSDP missions or through dedicated CFSP projects. This will also require additional staffing, skills and expertise in project management." Several hundred million euros are currently available for ongoing and future CSDP missions.

See: European External Action Service, CFSP budget orientations for 2016 and 2017 (doc. 6383/16, 22 February 2016, pdf) and COR 1 (pdf)

On migration, the paper notes:

"Migration is at the heart of the political debate in the EU and, for a few years now, is one of the strategic priorities of the external relations of the Union. The ongoing refugee crisis has put discussions on refugees and irregular migration on top of political agenda of the EU. The EU has not only set up a military CSDP operation EUNAVFOR MED Sophia, but also taken significant steps together with its neighbours and partners by creating a set of measures and action plans to jointly meet the challenges. Civilian CSDP missions in the concerned regions may need to be further reinforced with migration dimension and experts, as it was the case in 2015 of EUCAP Sahel Niger."

On "radical and terrorist organizations":

"Destabilization by radical and terrorist organizations is already partly addressed through notably CSDP missions assisting with capacity building in Mali and Niger. Pending the evolution of the fragile regional environment, additional experts and assets could possibly be requested to reinforce CSDP missions."

The paper is structured by the following headings: CFSP and CSDP in the changing global security environment; Future CSDP; Conclusions; Annex I - Current CSDP missions and mid-term forecast; Annex II - Possible non-proliferation and disarmament projects.

Refugee crisis: latest news from across Europe (18.4.16)

News Digest: Round-up of news stories from across the EU (18.4.16)

Information exchange for internal security: Council documents

Documents from recent discussions within the Council on how to improve information exchange amongst Europe's law enforcement authorities. The issue has come to the fore (again) following recent terrorist attacks and the movement of refugees towards and within Europe.

EU leaders 'killing migrants by neglect' after cutting Mediterranean rescue missions (The Independent, link): "EU policymakers are guilty of "killing by neglect" by cutting rescue missions in the Mediterranean - potentially costing the lives of more than 1,500 refugees, according to a report.

The Italy-led search and rescue mission, Mare Nostrum, ended in October 2014 and was replaced by Triton, which deployed fewer ships and prioritised deterring migrants over rescue operations, the report says.

Charities and UN officials warned the move could have a disastrous impact and lead to far more deaths at sea.

Documents unearthed by British universities showed the European border force Frontex pushed ahead with the change despite an internal assessment warning that if it was not properly planned it "would likely result in a higher number of fatalities"."

See: New evidence proves EU policymakers knew reduced search-and-rescue operation would cause mass migrant deaths (press release, pdf): "A new investigation accuses EU policymakers of “killing by neglect” after cutting rescue missions in the Mediterranean in full knowledge of the lethal consequences of their actions. Meeting transcripts and documents unearthed in a report from Goldsmiths, University of London and the University of York show that the EU border agency Frontex’s own internal assessment of replacing Mare Nostrum with Triton predicted increased deaths at sea, but the policy was introduced anyway.

Researchers found that a previously unreported 2014 Frontex internal assessment on “tackling migrant flows” stated:

“It has to be stressed that the withdrawal of naval assets from the area, if not properly planned and announced well in advance, would likely result in a higher number of fatalities.”

The researchers from the ESRC-funded ˜Precarious Trajectories” project argue that because the decision to retreat from state-led search and rescue operations was taken in full knowledge of the risk, EU policy makers and agencies carry a strong degree of responsibility for mass deaths at sea...."

And: Summary of report: Death by Rescue - The lethal effects of the EU's policies of non-assistance at sea (pdf)

The report will be launched on Monday 18 April at 6pm at The Mosaic Rooms, 226 Cromwell Road, SW5 0SW London. For details and to book a ticket click here.

EU: Council of the European Union: FREMP (Working Party on Fundamental Rights, Citizens' rights and Free movement of persons) Summary of discussions (EU doc no: 7551-16, pdf): Important update on EU joining ECHR: "Discussions on mutual trust will be resumed after the ECtHR hands down the judgement in the Avotins case, presumably by summer 2016. As regards CFSP, COM will not present anything until CJEU hands down decisions in two pending CFSP related cases."

EU: Eurostat: Record number of over 1.2 million first time asylum seekers registered in 2015 - Syrians, Afghans and Iraqis: top citizenships (pdf): "In 2015, 1 255 600 first time asylum seekers applied for international protection in the Member States of the European Union (EU), a number more than double that of the previous year.

The number of Syrians seeking international protection has doubled in 2015 compared with the previous year to reach 362 800, while the number of Afghans has almost quadrupled to 178 200 and that of Iraqis has multiplied by 7 to 121 500. They represent the three main citizenships of first time asylum applicants in the EU Member States in 2015, accounting for more than half of all first time applicants."

Council of Europe urges states to protect whistleblowers and journalists (link):A recommendation adopted on 13 April 2016 by the Committee of Ministers of the Council of Europe (CoE) defined a series of guidelines to ensure the safety of journalists in the 47 member countries:

See Recommendation (link)

Refugee crisis: latest news from across Europe (15.4.16)

EU: Council of the European Union: New asylum policy, EU-Turkey resettlement and Visa Code

- Discussion paper on Commission Communication "Towards a reform of the Common European Asylum System and enhancing legal avenues to Europe" (LIMITE doc no: 7861-16, pdf): Discussion on Commission's new asylum paper.

- Draft Council Decision amending Council Decision (EU) 2015/1601 of 22 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and Greece (LIMITE doc no: 7500-16, pdf) Resettlement issues -EU-Turkey plan

- Proposal for a Regulation of the European Parliament and of the Council on the Union code on Visas (Visa Code) (recast) - mandate for negotiations with the European Parliament (LIMITE doc no: 7714-16, pdf) Council deal on visa code, no humanitarian clause. Only benefits states agreeing readmission deals

Kyrgyzstan: Protests In Bishkek Against NGO Registration Legislation (Radio Free Europe, link)

"Kyrgyz human rights activists have gathered outside of parliament in Bishkek to protest against a proposed "foreign agents" law being considered by lawmakers.

The bill would require noncommercial, nongovernmental organizations involved in political activities -- and which receive any funds from foreign sources -- to be labled as “foreign agents”."

Seems a bit similar to what's happening in Greece?: NGOs and volunteers helping refugees in Greece to be placed under state control (Statewatch)

Refugee crisis: latest news from across Europe (14.4.16)

Another bad day for rights and privacy: European Parliament: Parliament backs EU directive on use of Passenger Name Records (PNR) (pdf): The text was approved by 461 votes to 179, with 9 abstentions.

"The new directive regulating the use of Passenger Name Record (PNR) data in the EU for the prevention, detection, investigation and prosecution of terrorist offences and serious crime was approved by Parliament on Thursday. It will oblige airlines to hand national authorities passengers' data for all flights from third countries to the EU and vice versa."

The Press release is disingenuous: It says: "member states could also extend it to “intra-EU” ones (i.e. from an EU country to one or more other EU countries), provided that they notify the EU Commission" As Statewatch reported in December: Member States circulated a Note following the Justiice and Home affairs Council of 3-4 December 2015:

"Draft declaration by the Member States to the minutes of the Council

"Article 1a of the PNR Directive allows Member States that so wish to apply it to intra-EU flights on a voluntary basis, upon notice to the Commission to that end.

Considering the current security situation in Europe, *Member States declare that by the date of transposition provided for in Article 15 they will make full use of the possibility provided for by Article 1a under the conditions set by the Directive."

See: EU-PNR: European Parliament has "egg on its face"

EU-USA: PRIVACY SHIELD: EU Article 29 Working Party on data protection: Opinion 01/2016 on the EU – U.S. Privacy Shield draft adequacy decision (pdf) They rip the Privacy Shield to shreds.

"On 29 February 2016, the European Commission published a Communication, a draft adequacy decision and the annexed texts constituting a new framework for transatlantic exchanges of personal data for commercial purposes: the EU-U.S. Privacy Shield (hereinafter: Privacy Shield), which seeks to replace the previous U.S. Safe Harbour invalidated by the Court of Justice of the European Union (hereinafter: CJEU) on 6 October 2015, in the Schrems case....

With regard to the applicable law, the WP29 highlights that if the Privacy Shield adequacy decision is adopted on the basis of Directive 95/46/EC, it needs to be consistent with the EU data protection legal framework, both in scope and terminology. The WP29 considers a review must be undertaken shortly after the entry into application of the General Data Protection Regulation, in order to ensure the higher level of data protection offered by the Regulation is followed in the adequacy decision and its annexes....

The WP29 also concludes that onward transfers of EU personal data are insufficiently framed, especially regarding their scope, the limitation of their purpose and the guarantees applying to transfers to Agents. As regards the access to Privacy Shield data by law enforcement, especially to foreseeability of the legislation is a concern, due to the extensive and complex nature of the U.S. law enforcement system at both Federal and state level, and the limited information included in the adequacy decision."

EU-USA: EU Article 29 Working Party on data protection: Working Document 01/2016 on the justification of interferences with the fundamental rights to privacy and data protection through surveillance measures when transferring personal data (European Essential Guarantees) (pdf)

"The four European Essential Guarantees that are described in this opinion are no unconditional Guarantees. Also when looking at their formulation, it should be clear that all four require a certain degree of interpretation.Should a third country allow for interferences that go beyond what should be regarded as strictly necessary in a democratic society...,

"The WP29 underlines that the Guarantees are based on the fundamental rights that apply to everyone, notwithstanding their nationality. Furthermore, it should be noted that the Guarantees are based on what is required by the law and not necessarily on what is the current practice in the EU Member States. The WP29 does not maintain a double standard and has therefore already called several times upon the Member States to ensure their surveillance legislation is in line with the jurisprudence of the CJEU and the ECtHR."

The WP has reservtions about the collection of mass data by US agencies and the so-called redress mechanism. Fuirther there are six eceptions allowing the bulk collection of data and on the re-use of data for other purposes or their transfer to third countries.

See also:
Sttatement of the Article 29 WP on the consequences of the Schrems judgment (pdf)

Refugee crisis: latest news from across Europe (13.4.16)

UK: GRUNWICKS: Covert police spied on strikers and their supporters in iconic dispute (Guardian, link):

"A police undercover unit obtained intelligence on the tactics of the strikers and their supporters in the seminal Grunwick dispute... One of these could be a dispute that centred on a photo-processing factory in north-west London called Grunwick. It was one of the most iconic industrial disputes since the Second World War.

Now evidence has emerged to show how the controversial Metropolitan police undercover unit, the Special Demonstration Squad (SDS), obtained inside information about the tactics and movements of the strikers and their supporters. Two former policemen have described the intelligence as being important at a time when the Met was struggling to police the dispute."

EU counts cost of US visa war (euobserver, link):

"Imposing visas on US visitors would harm transatlantic relations and cost billions of euros, the European Commission has said. “It would be a major disaster,” a former EU diplomat added.... It came following talks by EU officials in Strasbourg after a legal deadline expired on “non-reciprocity” - the fact that US nationals can go to any EU state without a permit, but people from five EU countries still need visas to enter the US.

The five countries are Bulgaria, Cyprus, Croatia, Poland, and Romania".

See: Lack of visa reciprocity with the U.S., Canada and Brunei: European Commissions assesses state of play and discusses next steps (Press elease, pdf) and Communication: State of play and the possible ways forward as regards the situation of non-reciprocity with certain third countries in the area of visa policy (COM 221-16, pdf)

European Parliament: Last-minute amendments jeopardise PNR plenary vote (Parliament Magazine, link):

"Tabling of amendment by ALDE group could 'send the whole agreement back to the negotiating table'... Green home affairs spokesperson Jan Philipp Albrecht argued that "serious doubts" remain about the legality of the planned agreement.

He said, "The landmark ruling of the European Court of Justice in 2014 made clear that the general retention of data without grounds is not compatible with EU law. This has clear implications for passenger data exchange and retention systems.

"Against this background, it would be irresponsible to proceed gung-ho with a PNR exchange system that goes in this direction and the proposed system must be legally assessed.""

Refugee crisis: latest news from across Europe (12.4.16)

EU: INTERNAL SECURITY AGENCIES ACCESS & INPUT INTO SIS: Council of the European Union: Observations of the Presidency on strengthening Information Exchange/Information Systems, especially SIS (LIMITE doc no: 7412-16, pdf)

"Enable direct inserts of alerts in the SIS for security services (possible national legal changes) Member states will ensure that security services have the possibility of entering alerts into the SIS without interference of judicial authorities. Amendments of legal or policy frameworks allowing security services to enter alerts will be made."

Includes: ANNEX: "Indicative criteria to be taken into consideration regarding exchange and sharing of information on individuals involved in travelling to and from jihadi areas of conflict Any transmission and sharing of information about the individuals referred to below is submitted to limitations and safeguards provided in national law." and

"Extend Europol’s access rights to SIS II (legal change): Europol must have the possibility to access alerts with regard to missing persons and on persons undesirable in or refused entry to the territory of a Member State."

 What’s at stake in the EU PNR debate? (papersplease.org, link): My analysis & some arguments for why the proposal should be rejected by Edward Hasbrouck:
"As we said in a submission cited with approval in a report last month by the UN Office Office of the High Commissioner for Human Rights concerning the rights of migrants, "screening" and algorithmic travel control regimes are likely to result in systematic discrimination against asylum seekers and refugees: Their nationality or place of origin in a conflict zone may cause them to be deemed "risky" according to the profiling and "risk scoring" algorithms. There may be limited, inconsistent, or nonexistent records pertaining to migrants in irregular situations in the databases used for profiling and risk scoring, and screening algorithms may equate uncertainty with risk.

Controls on access to air travel throughout the EU on the basis of PNR profiling are thus likely to exclude many legitimate asylum seekers from travel by common carrier, forcing them to dangerous means of "irregular" and indirect transportation and compounding the EU migrant crisis. The PNR proposal is the European equivalent of Donald Trump's "proposal to build a wall on the USA-Mexico border, and would be just as disastrous."

And see: Passenger Name Records, data mining & data protection: the need for strong safeguards (CoE, link) by Douwe Korff, Emeritus Professor of International Law, London Metropolitan University Associate, Oxford Martin School, University of Oxford with advice, comments and review by Marie Georges
Council of Europe Expert.

PORTUGAL- USA RENDITION: Ex-CIA agent loses extradition appeal in Portugal (New Europe, link):

"Portugal’s supreme court has rejected a former CIA operative’s appeal against extradition to Italy to serve a six-year sentence for her part in an “extraordinary rendition” programme.

Sabrina De Sousa’s only remaining recourse to avoid being sent to Italy would be to appeal to Portugal’s Constitutional Court, arguing her extradition order is unconstitutional. De Sousa was among 26 Americans convicted in absentia in the case, which also implicated Italy’s secret services and has proven embarrassing to successive Italian governments.

De Sousa, who was working in Italy under diplomatic cover, faces prison for her role in the 2003 kidnapping in Milan of Osama Moustafa Hassan Nasr, a terror suspect who was under surveillance by Italian law enforcement at the time."

EU What’s DiEM25, really? Reply to an open letter by Souvlis & Mazzolini (Open Democracy, link) by Yanis Varoufakis

"If our analysis is correct (and I sincerely hope we are… wrong), we are at a moment in history very much like 1930. Just after the crisis (1929) and in the ‘early’ stages of a slide toward an abyss comprising deflation, xenophobia, hyper-nationalism, competitive devaluations, jingoism etc. What was the duty of progressives in 1930? It was, I suggest, to reach across party affiliations and borders to create a pan-European movement of democrats (radicals, liberals, even progressive conservatives) in opposition to the forces of evil. I very much fear that this is our duty today too." [emphasis added]

EU: Trade Secrets Directive creates excessive secrecy and must be rejected (euractiv, link):

"The schemed Directive on “Trade Secrets Protection” is meant to repress industrial espionage, but applies to the whole of society legal remedies that should only apply to businesses, writes a broad coalition of journalists, lawyers, scientists, unions and associations."

European enforcers not sold on ‘privacy shield’ (politico, link): "Tech companies in last-minute lobbying push to fend off European attack on data pact"

and see: The Commission’s draft EU-US Privacy Shield adequacy decision: A Shield for Transatlantic Privacy or Nothing New under the Sun (EU law Analysis, link): " A recently leaked document reveals that the Article 29 Working Party has difficulties in reaching an overall conclusion on the Commission’s draft adequacy decision and supports the view that Privacy Shield does not fully comply with the essential guarantees for the transfer of personal data from the EU to the US for intelligence activities.

Should the Commission nevertheless decide to proceed with the current draft, it is highly possible that the CJEU will be called in the future to judge the adequacy of Privacy Shield in a Schrems 2 line of cases."

FRANCE: The French protest that wants to redefine politics (EUobserver, link): "French police started to evacuate the place de la République in Paris Monday morning (11 April) after a protest movement that started there extended to over 60 towns and city over the weekend in a show of defiance to the government.

The "Nuit Debout" movement, which can be translated by "standing night", started on 31 March as protest against a labour market reform presented by the left-wing government.?? Based on the 2011 Indignados movement in Spain, the Nuit Debout is a made-up camp where people talk about the reform but also about politics and social policies in general in committees and a "popular assembly"."

And see: In pictures: 'Up All Night' protesters march on PM's home (France 24, link): "Hundreds of protesters taking part in the "Up All Night" (Nuit Debout) demonstrations were met with tear gas Saturday night as they tried to make their way to the residence of Prime Minister Manuel Valls. At least eight people were arrested."

How the former head of Blackwater set up operations in Austria and Bulgaria to try to build a private paramilitary airforce: Echo Papa Exposed: Inside Erik Prince’s Treacherous Drive to Build a Private Air Force (The Intercept, link): "One of the mechanics soon recognized Echo Papa from news photos — he was Erik Prince, founder of the private security firm Blackwater. Several of the Airborne staff whispered among themselves, astonished that they had been working for America’s best-known mercenary. The secrecy and strange modification requests of the past four months began to make sense. In addition to surveillance and laser-targeting equipment, Airborne had outfitted the plane with bulletproof cockpit windows, an armored engine block, anti-explosive mesh for the fuel tank, and specialized wiring that could control rockets and bombs. The company also installed pods for mounting two high-powered 23 mm machine guns. By this point, the engineers and mechanics were concerned that they had broken several Austrian laws but were advised that everything would be fine as long as they all kept the secret."

Joint declaration of the prime ministers of Greece and Portugal - 11 April 2016 (pdf): Statement on three themes: 1. A European response to the refugee and migration crisis; 2. European Economic and Monetary Union; 3. Peace and stability in our broader region. On refugee and migration policy it says:

"We believe that the building of walls and fences, the unilateral and uncoordinated implementation of measures or the unwillingness to participate in commonly agreed actions, such as resettlement and relocation schemes, undermine European solidarity as well as the humane and effective management of migrant flows.

Europe must remain open to hosting people in need of international protection, by replacing dangerous, irregular migration routes with legal processes of resettlement of refugees from countries neighboring Syria and by accelerating the relocation processes of refugees already in Greece and Italy. At the same time, the EU must enhance efforts to establish readmission agreements with the countries of origin of economic immigrants."

And see: Refugee crisis: latest news from across Europe (11.4.16)

Roma on the margins: Housing rights denied (Amnesty, link): "In early 2012, the adoption by the Italian government of the National Strategy for Roma Inclusion (the National Strategy), had the potential to mark a turning point for many Romani families who, for years, had experienced forced evictions, segregation and discrimination in access to housing in Italy.

Promising to “overcome large-sized mono-ethnic settlements” and “increase access to a wide range of housing solutions”, the National Strategy brought hope to families and organizations which for years had been denouncing the widespread and systematic human rights violations experienced by Romani women, children and men.

However, as we celebrate International Roma Day on 8 April, it is painfully clear that, four years on, the promises engraved in the ink of the 2012 document have just simply become mirrors and smoke. Life for thousands of Roma in Italy remains as difficult as ever, as they continue to be faced with official neglect and prejudice."

UK: Drones to check planning applications (The Telegraph, link): "Drones are being used by councils in England to fly over the homes of people making planning applications, the Daily Telegraph has learned.

A Freedom of Information survey of hundreds of councils found that a dozen had admitted to using or hiring drones. Two councils – Epping Forest and Moray – said the drones could be used to check on planning applications.

Other councils had used them to check on conditions of council buildings, to survey dangerous structures and monitor on coastal erosion.

The revelation last night raised questions over privacy. The Liberal Democrats called for a code of practice to govern how councils use drones while the information watchdog said it was “concerned” by the news and said councils should consider whether drones were “necessary and proportionate”."

And see: Back from the battlefield: domestic drones in the UK

Refugee crisis: latest news from across Europe (11.4.16)

MSF treats hundreds after Greek-FYROM border violence (MSF, link): "On 10 April, after the violent events at the border between Greece and FYROM, Médecins Sans Frontières (MSF) medical teams treated hundreds including around 40 people injured by rubber bullets. At least ten people have reported to MSF teams that they were beaten by FYROM police.

Two extra mobile medical teams were added to the normal activities in Idomeni camp to assist the growing number of people in the camp.

"Today, frustration and a growing feeling of anger are spread among the refugees who have been stranded in Idomeni for over one month. What we see is the inevitable result of thousands being trapped in Greece, a country unable to respond to the humanitarian and protection needs of those in search of safety in Europe,” stated Jose Hulsenbek, MSF’s Head of Mission in Greece. "What people need is to be treated with dignity, not violence or unpredictable border closures and more uncertainty. This absurd humanitarian crisis created by European states’ policies is becoming more unbearable by the day.” "

And see: Macedonian police teargas, pepper spray refugees at Greek border: Who supplied the "crowd control" equipment? (Statewatch News Online)

EU-AUSTRIA: How will the Austrian presidential elections influence EU's (migration) policy and TTIP? (VoteWatch Europe, pdf): "Austrians will vote for a new President on 24 April. The race is very tight, as the migration crisis is substantially impacting the national political landscape. A victory of a candidate from outside the current grand coalition would seriously undermine the government's policies. The nationalist anti-immigration and anti-EU FPÖ is on the rise and pushes hard to be part of the government."

UK: Press release and new report: Reprieve: Britain’s Kill List: Government must come clean

The government has been operating a covert 'Kill List' since at least 2001 in countries including Pakistan, Afghanistan and Yemen, research reveals today, despite denials of such a policy.

A new report from human rights organization Reprieve suggests that the government established a Kill List in October 2001 of individuals who were subsequently targeted for assassination by UK and US forces. The list included not only alleged militants, but also people who the government suspected were involved in drug trafficking. According to an anonymous UK serviceman, the list soon extended to include others.

Report: Britain's Kill List: official dissembling in the development of a list of people we want to kill and the need for a full and transparent investigation (pdf)

EU: Long running debate on PNR enters final furlong (EU Today, link): "A long-awaited vote on the EU Passenger Name Records (PNR) legislation is likely to take place next week after months of delays.

The vote has been made possible after officials in the Council of Ministers were able to speed up work on the EU’s data protection legislation.

The proposed EU PNR directive would oblige airlines to hand EU countries their passengers’ data in order to help the authorities to fight terrorism and serious crime."

See: Putting the PNR pieces in place: more EU funding for mass surveillance (Statewatch News Online, March 2016): "The EU Passenger Name Record (PNR) Directive is still yet to be formally approved by the European Parliament, but that has not prevented the European Commission and Member States from setting up the infrastructure required for the mass surveillance of air travel. The latest contribution to this effort is a project led by the Hungarian interior ministry that will investigate ways to make sure that different national systems "are able to communicate with each other," thus facilitating the cross-border exchange of the personal data given by travellers to airlines."

EU-US Privacy Shield in big trouble, may not pass muster, suggests German leak (Ars Technica, link): "Leaked extracts from an imminent assessment of the EU-US Privacy Shield replacement for Safe Harbour suggests that a key group of EU data protection authorities will not support it in its present form.

It is expected that the Article 29 Working Party will say that it is "not yet in a position to confirm that the current draft adequacy decision does, indeed, ensure a level of protection [in the US] that is essentially equivalent to that in the EU." Any transatlantic data transfer scheme that does not provide an "essentially equivalent" level of protection is unlikely to withstand a legal challenge in the EU courts."

Refugee crisis: latest news from across Europe (9-10.4.16)

The west's shadow war by Paul Rogers (Open Democracy, link): "The expanding use of special forces to combat ISIS risks repeating the abuse and failure of the campaign against al-Qaida... A new briefing from Oxford Research Group – UK Special Forces: Accountability in Shadow War (30 March 2016) – provides a summary of the overall picture.".

EU-TURKEY READMISSION AGREEMENT: EU Council of the European Union: Council Decision of 23 March 2016 establishing the position to be taken on behalf of the European Union within the Joint Readmission Committee on a Decision of the Joint Readmission Committee on implementing arrangements for the application of Articles 4 and 6 of the Agreement between the European Union and the Republic of Turkey on the readmission of persons residing without authorisation from 1 June 2016 (pdf)

This Decision brings forward the starting date on the main Agreement adopted in 2014: AGREEMENT between the European Union and the Republic of Turkey on the readmission of persons residing without authorisation (pdf)

First journalist punished over photos under Spain’s gag law (The Local.es, link): "A Basque photographer has become the first journalist to be punished under Spain’s controversial “gag law” for posting images of a police raid on Twitter.."

EU considers restricting visa-free travel for Americans, Canadians - Commission will debate whether to retaliate for restrictions on European citizens.(politico, link): "The European Union may soon require visas from Americans and Canadians traveling to Europe — a move that would come in retaliation for restrictions imposed by the U.S. and Canada on some EU countries, according to officials.

The European Commission is planning to discuss the issue next week, ahead of an April 12 deadline the EU had imposed for the U.S. and Canada to lift restrictions on travelers from five EU countries. The EU has tried for two years to get the U.S. and Canada to ensure visa-free travel for all the bloc’s citizens, but has set no firm timeline on when a new reciprocal ban would take effect."

UK: Revealed: immigration officers allowed to hack phones (Guardian, link):

"Home Office granted powers to snoop on detention centre refugees three years ago by amendment to 20-year-old Police Act... Immigration officials have been permitted to hack the phones of refugees and asylum seekers, including rape and torture victims, for the past three years...

The Home Office confirmed to the Observer that since 2013 immigration officials have been granted the power to “property interference, including interference with equipment”, which can include planting a listening device in a home, car or detention centre, as well as hacking into phones or computers. Critics fear the powers could undermine lawyer-client confidentiality in sensitive immigration and asylum cases."

Proposed EU Terrorism Directive Compromises Fundamental Rights (Liberties.eu, link): "The directive is full of broad offenses and threatens people's freedoms of movement and expression, says a group of experts in European law"

And see: Background-documents: Directive on combating terrorism (SEMDOC, link)

Refugee crisis: latest news from across Europe (8.4.16)

German DPAs „leak“ EU-US Privacy Shield assessment by European Authorities (link): EU DPAs will oppose Privacy Shield and encourage litigation against it

EU-USA: Council of the European Union: Outcome of proceedings of the EU - US Justice and Home Affairs Senior Officials Meeting, 24-25 February 2016, Amsterdam (LIMITE doc no: 7188-16, pdf):

"The US warned of considerable security risks that should not be underestimated. It offered to take a more pro-active look at US-EU cooperation and mentioned the experience of vetting 25.000 resettled refugees to Canada against US databases. This also had a political aspect as it reassured the population that migrants were no risk." and

"Hopefully, the Umbrella Agreement could be signed in June at the EU-US ministerial meeting and adopted in autumn. However, if an opinion by the ECJ was deemed necessary by the European Parliament, there would be a delay." [emphasis added]

Meijers Committe: Note on Mutual trust and Opinion 2/13 on accession of the European Union to the European Convention on Human Rights (pdf)

"In Opinion 2/13, one reason why the Court of Justice of the European Union (CJEU) found the European Union (EU)-European Convention on Human Rights (ECHR) draft accession agreement to be incompatible with the EU Treaties was that it did not avert the risk that accession would undermine the principle of mutual trust in EU law. This principle of mutual trust holds that Member States may be required to presume that fundamental rights have been observed by the other Member States."

Dutch vote highlights EU's problem with voters, UK beware (Reuters, link): "The European Union's long-running problem with voters just got a little worse after the Dutch rejected an agreement on closer EU ties with Ukraine, highlighting the difficulties of further European integration.

Coming less than three months before a British referendum on whether to stay in the EU or leave after 43 years of semi-detached membership, the Dutch vote rang alarm bells in London and Brussels.

Less than a third of the electorate turned out for the consultative Dutch referendum, forced by a grassroots petition launched by eurosceptics. But it was enough to make the ballot valid and oblige Prime Minister Mark Rutte's government to take account of the result.

Jubilant eurosceptic Dutch populist leader Geert Wilders called it "the beginning of the end of the EU". His British counterpart, UK Independence Party leader Nigel Farage, said: "Their 'No' to the EU was a tremendous victory for democracy.""

Statewatch Analysis: Commission proposals on migration and internal security databases: a new list of old "needs" (pdf) by Chris Jones

The Commission’s proposal to extend the fingerprinting of short-stay visa applicants to children from the ages of 6 and up is part of a list of possible “enhanced functionalities” (i.e. expanded uses) of the Visa Information System (VIS). These “functionalities” will be examined as part of a larger process of trying to beef up EU and national databases and information systems.

In a Communication entitled ‘Stronger and Smarter Information Systems for Borders and Security’ the Commission sets out its plans for more gathering, exchange and processing of personal data, particularly the data of non-EU nationals. The Commission’s long-term plans are extremely similar to those proposed recently by the German Federal Ministry of the Interior (see further below).

The Communication opens by noting the scale of movement into and out of the Schengen area: its external borders were crossed more than 200 million times in 2015, by “more than 50 million non-EU nationals”. It moves on to conflate refugees with terrorism and to insist upon “the need to join up and strengthen the EU’s border management, migration and security cooperation frameworks and information tools in a comprehensive manner.”

And see: EU calls for the fingerprinting of 6-year-old children

Association Malienne des Expulsés: Statement on expulsions to Mali and EU migration policy (pdf): "Since the end of last year (2015), in Mali we are witnessing waves of expulsions, refoulements and repatriations of our migrants from Asia, Europe and even from the African continent. This recurring problem of refoulements, expulsions and repatriations of Malian migrants worsens on a daily basis and is becoming increasingly worrying. Thus, Malians are mainly expelled, refouled or repatriated from Saudi Arabia, Equatorial Guinea, Gabon, Angola, Libya, Spain and now also from Mauritania.

The fight against so-called illegal immigration represents a priority in the policy implemented by the European Union which presents this form of migration as a dangerous scourge which must be combated. This attitude by the European Union is constituted by focussing on the consequences without worrying about the root causes of the migration phenomenon. Thus, the reasons that push our fellow nationals to leave are well known, as they concern a lack of employment for young people, their difficult economic and professional conditions and, most of all, a lack of any prospects which affects their daily life.

The distinction or categorisation of migrants (between economic migrants and asylum seekers) by the EU is an incorrect reading of the situation which does not contribute to reducing the phenomenon of flows towards Europe."

And see: Refugee crisis: latest news from across Europe (8.4.16)

GREECE: Amnesty International: "Thousands of people" have been "arbitrarily detained" in detention centres (formerly "hotspots") on Lesvos and Chios

A new report from Amnesty International discusses the situation in Greece, following visits by the organisation to two detention centres (which used to be "hotspots"). It says that thousands of people have been arbitrarily detained pending removal (unless they manage apply for asylum) in the effort to implement the EU-Turkey deal.

Statistics: implementing the EU-Turkey deal: "boots on the ground"

Thousands of state officials from across Europe are supposed to be sent to Greece to help implement the EU-Turkey deal on refugees and migrants. This page gathers the statistics made available by the Commission on the process.

The numbers "pledged" are those offered by Member States, the requesting institution is the European Asylum Support Office or Frontex, as indicated.

6 April 2016: Member States remain either far less keen or far less able to provide interpreters, while the number of asylum officials requested for the operation has increased from 400 to 472. Amnesty International reported that during their visits on the 5 and 6 April, the VIAL detention centre in Moria had one asylum case worker.

EU-USA: Mutual Legal Assistance (MLA) Agreement: draft texts on review of the 2010 MLA Agreement

"The documentation comprises three sections:

I) An introduction to the EU-US MLA Agreement (ANNEX I);
II) An assessment of the key provisions of the Agreement (ANNEX II);
III) Recommendations for improving the practical functioning of the Agreement (ANNEX III).

The Presidency intends discussing this documentation at the COPEN [Working Party on Cooperation in Criminal Matters] meeting on 13 April 2016. After passage through the appropriate bodies it is the intention of the Presidency that these documents will be agreed at the high level EU-US meeting in June."

See: Council of the European Union: Review of the 2010 EU-US MLA Agreement - Examination of draft texts (7403/16, pdf)

Also on EU-US cooperation: Council of the EU: Outcome of proceedings of the EU - US Justice and Home Affairs Senior Officials Meeting, 24-25 February 2016, Amsterdam (7188/16, pdf): Notes of discussions on migration and mobility, visas, security (counter-terrorism and -extremism, border control, TFTP), cybercrime, drugs, wildlife trafficking, data protection, criminal law cooperation, cooperation in international organisations, preparation for the next meeting (Amsterdam, 1-2 June 2016), Slovakian Council Presidency priorities.

UK: Britain Is Making Millions Training Police In 21 Countries That Use The Death Penalty (BuzzFeed, link): "Britain’s College of Policing, the professional body for police training, has made millions of pounds in the last three years by training forces in countries that use the death penalty.

Among the countries where the college offers training in “leadership, forensics and intelligence” are Bahrain, China, Qatar, Saudi Arabia, and Uganda. In all, 21 of the countries where the college operates training programmes have the death penalty. Yesterday Amnesty International revealed that executions worldwide are at a 25-year-high, with at least 158 people killed in 2015 in Saudi Arabia alone.

At least 25 of the countries in which the college operates have forces that have been accused by campaigners of human rights abuses and torture."

Refugee crisis: latest news from across Europe (7.4.16)

EU: Council of the European Union: ECRIS, EU "returns"document and Visa Code

- European Criminal Records Information System: Amendments in the ECRIS proposal on the basis of the “consolidated” text following the COPEN (ECRIS) meetings of 1 and 22 February and 1 - 2 March, 2016 (LIMITE doc no 7298-16, pdf):

“CONSOLIDATED” TEXT OF FRAMEWORK DECISION 2009/315/JHA AS IT WOULD BE AMENDED BY THE DRAFT ECRIS DIRECTIVE"

- Draft Regulation of the European Parliament and of the Council on a European travel document for the return of illegally staying third-country nationals (LIMITE doc no: 7172-16, pdf):

The EU hopes third countries will accept this, many have not in the past: It is defined as:

"The document shall be valid for a single journey to the third country of return."

- Draft Regulation of the European Parliament and of the Council on the Union Code on Visas (Visa Code) (recast) (LIMITE doc no: 6906-16, 18.3.16, pdf): "The text of the draft Regulation as amended and agreed by the Working Party appears in bold (new text or (…) when text has been deleted). The changes suggested by the Presidency, which have not yet been approved, are underlined." and LIMITE doc no: 7336-16 (29.3.16, 87 pages, pdf): "In addition, the recent suggestions introduced following the meeting of the JHA Counsellors on 21 March 2016 are highlighted."

EU calls for the fingerprinting of 6-year-old children

On Wednesday the European Commission set out its plans to expand EU and national databases "to allow effective management of migration and to contribute to internal security." One of the myriad ways this could be done is by "collecting fingerprints of children between the age of 6 and 12 years old" who enter the EU on short-stay visas.

See: page 9 of European Commission, Stronger and Smarter Information Systems for Borders and Security, COM(2016) 205 final, 6 April 2016

Fair Trials welcomes CJEU judgment on European Arrest Warrant and detention conditions (link):

"On 5 April, in its decision in the Aranyosi and Caldararu cases (C-404/15 and C-659/15 PPU), the Court of Justice of the European Union (CJEU) has confirmed that Member States are obliged to respect the fundamental rights of requested people when considering European Arrest Warrants ."

UK: Interpreting services within immigration removal centres (IRR News, link): "The lack of trained interpreters inside of immigration detention exacerbates fear, mistrust and depression and has contributed to a number of deaths."

EU: Europol and FBI (link):

"The Federal Bureau of Investigation (FBI) and Europol, the European law enforcement agency, have signed in Washington a mutual agreement that will considerably intensify the common fight against foreign terrorist fighters. The agreement, signed by FBI Deputy Director Andrew McCabe and Europol’s Deputy Director of Operations Wil van Gemert, enables the FBI to join Europol’s Focal Point Travellers".

Refugee crisis: latest news from across Europe (6.4.16)

‘Wisdom and goodness to the vile seem vile’: Towards a third phase of the Common European Asylum System? (link) by Steve Peers, Professor of Law. University of Essex:

" Overall, this is a very disappointing paper from the Commission. There are certainly abuses of the asylum system, but EU legislation already has many possibilities to address them, as regards fast-tracking decisions and appeals, reduced benefits and detention. There’s little evidence here of a balanced, rational and coherent response to the crisis. In fact, this looks rather more like panic.

Of course EU asylum law does not develop in a political vacuum. Member States had a key role agreeing these laws, and the main role implementing them and driving the reaction to the crisis. No criticism of the ‘EU response to the crisis’ should ignore what is ultimately driving that response: the neo-nationalist political parties which are in government in several Member States and form the main opposition in several more. But is endless concessions to these parties really the right strategy? They will always be able to outflank the political mainstream when it comes to anger, fear and ignorance. It’s always better to stand and fight for what you really believe in than to pretend to agree with your opponents’ fundamentally different views."

European Commission: Press releases: 6 April 2016:

- Stronger and Smarter Borders in the EU: Commission proposes to establish an Entry-Exit System (pdf)

- Smart Borders Package: Questions & Answers (pdf)

- Commission presents options for reforming the Common European Asylum System and developing safe and legal pathways to Europe (pdf)

- Commission launches discussion on future framework for stronger and smarter information systems for border management and internal security (pdf)

European Commission proposals for changing asylum system: Towards a reform of the Common European Asylum System and enhancing legal avenues to Europe (Full-text, pdf)

- Security: EU strengthens response to hybrid threats (pdf): "The European Commission and the High Representative adopted today a Joint Framework to counter hybrid threats and foster the resilience of the EU, its Member States and partner countries while increasing cooperation with NATO on countering these threats. In recent years, the EU and its Member States have been increasingly exposed to hybrid threats that comprise hostile actions designed to destabilise a region or a state." and see: Joint Framework on countering hybrid threats a European Union response (Commission and EEAS, pdf)::

"While definitions of hybrid threats vary and need to remain flexible to respond to their evolving nature, the concept aims to capture the mixture of coercive and subversive activity, conventional and unconventional methods (i.e. diplomatic, military, economic, technological), which can be used in a coordinated manner by state or non-state actors to achieve specific objectives while remaining below the threshold of formally declared warfare.... Massive disinformation campaigns, using social media to control the political narrative or to radicalise, recruit and direct proxy actors can be vehicles for hybrid threats."

EU: Council of the European Union: Blue Amber Ops, LEA Information Exchange Manual and Legal Aid

- Comments on the Blue Amber joint action days (LIMITE doc no: 15566-16, pdf):

"JADs are included in virtually every operational action plan in 2016. They still remain a controversial concept, mainly because of the lack of a clear definition and a corresponding approach (differentiating them from high-impact operations (HIOs), joint police operations (JPOs), operations launched as part of a joint investigation team (JIT), etc.). Furthermore, it is noted that many operations are falsely called JADs (e.g. operation LUXCAR, which was more akin to a joint police operation, i.e. a type of police operation that has been organised by each EU presidency for a number of years). This lack of a definition causes confusion and limits the value of the operations. We therefore suggest that a clear definition of joint action days be established."

- Manual on Law Enforcement Information Exchange (LIMITE doc no: 6704-16, pdf): 391 pages.

- Legal Aid: Proposal for a Directive on provisional legal aid for suspects or accused persons deprived of liberty and legal aid in European arrest warrant proceedings = Follow-up of the fifth and sixth trilogues (18 February and 3 March 2016) (LIMITE doc no: 6904-16, pdf) and see:

- As above: Discussion on selected issues (LIMITE doc no: 7378-16, pdf):

"As Member States will remember, the European Parliament would like to enlarge the scope of the Directive by providing that legal aid should be granted in certain specific cases where investigative or other evidence-gathering measures are carried out under Directive 2014/14/EU on the European Investigation Order (see doc. 6904/16).

At the meeting on 16 March, a lot of Member States voiced concerns concerning these proposals of the European Parliament. The Presidency communicated these concerns to the rapporteur of the European Parliament. He indicated that the European Parliament wants to await the position of the Commission before possibly revising its own position in this matter."

Refugee crisis: latest news from across Europe (5.4.16)

Frontex: Risk Analysis for 2016 (15 MB, pdf) Border control, refugees and the new Border Agency

UK: Suicide attempts at UK immigration removal centres at all-time high (Guardian, link): "Release of Home Office figures comes as government faces growing pressure to reduce use of immigration detention."

Refugee crisis: latest news from across Europe (2-4.4.16)

BORDER GUARD: European Parliament Study: The proposal for a European Border and Coast Guard: evolution or revolution in external border management? (pdf):

"The proposal significantly reinforces Frontex’s regulatory and operational tasks and provides the Agency with an additional supervisory role. The proposal does not amend the fundamental premise of operational cooperation at the external borders, reserving executive enforcement powers to the Member States. Nonetheless, the concept of shared responsibility in the absence of shared accountability increases existing fundamental rights concerns."

Roundup of news stories from across the EU (4.4.16)

UK: British mobile phone users’ movements 'could be sold for profit’ (The Guardian, link): "British mobile phone users are one data breach away from having the routines of their daily lives revealed to criminals, privacy campaigners have said.

Mobile phone networks and wireless hotspot operators are collecting detailed information on customers’ movements that reveal intimate details of their lives, two separate investigations into mobile data retention have found.

Many people unwittingly sign up to be location-tracked 24/7, unaware that the highly sensitive data this generates is being used and sold on for profit. Campaigners say that if this information were stolen by hackers, criminals could use it to target children as they leave school or homes after occupants have gone out."

See: Cashing in on your mobile (Open Rights Group, link) and: Opt Me Out Of Location (link): "www.optmeoutoflocation.com has been set up to encourage the British public to call for their mobile and Wi-Fi service providers to make it explicit what they are asking their customers to opt into, thereby providing a clear choice to opt out."

EU should stop forced evictions of Roma in Italy (euobserver, link):

"Italian authorities have marooned men, women and children in a Roma-only camp next to Ciampino airport runway in Rome, and haven’t provided suitable alternative accommodation for these people even after the Rome Civil Court ruled the relocation discriminatory.

Forced evictions of hundreds of residents from the camps of Lungo Stura Lazio in Turin and Via Idro in Milan in the last year – again without providing adequate alternative housing – further underlines the prejudicial horror show that accommodation for Roma in Italy has become."

March 2016

Jean Charles de Menezes: UK-ECHR: INQUEST: European Court of Human Rights – family to challenge UK government failure to prosecute police officers: background briefing on the broader context of the shooting of Jean Charles de Menezes: (Statewatch database) Judgment expected later today

And see: De Menezes family walk out of inquest as coroner rules he was not unlawfully killed (Guardian,link) and IPCC report is damning indictment against Metropolitan Police Service Menezes Family say (link)

Also: Jean Charles de Menezes ruling due in European court of human rights (Guardian, link): "A ruling on whether British police officers should have been charged for the fatal shooting of Brazilian Jean Charles de Menezes at a London tube station in 2005 is to be delivered by the European court of human rights on Wednesday De Menezes was shot dead at Stockwell underground station on 22 July 2005, when he was mistakenly identified as a suicide bomber just two weeks after the 7 July London bombings in which 52 people died, and the day after the attempted attacks on 21 July, during a turbulent summer in the British capital."

Statewatch Analysis: Policing the internet: from terrorism and extremism to “content used by traffickers to attract migrants and refugees (pdf) by Chris Jones:

The EU’s deal with Turkey on refugees and migrants has been presented by its proponents as a quick and effective way to deal with the ongoing arrival of people in Europe. Its opponents maintain it is morally bankrupt and contrary to international law. Yet the EU’s approach to migrants and refugees is not solely concerned with such high-profile actions, and a whole host of new projects have been launched or given a new lease of life in recent months.

One of these projects is a new unit set up within Europol, the Internet Referral Unit (IRU). Originally set up to remove “terrorist and violent extremist” material from the internet, it will now also deal with “content used by traffickers to attract migrants and refugees”. The legal basis for the unit was established in secret “trilogue” meetings with the Parliament and the Commission, during negotiations on the new Europol Regulation

Refugee crisis: latest news from across Europe (26-8.3.16): reactions to and consequences of the EU-Turkey deal

EU judges could limit UK surveillance powers before referendum (Guardian, link):

"ECJ [European Court of Justice] to hold emergency hearing on snooper’s charter as its impact on UK law is likely to become part of in/out campaign.. An emergency hearing on the bulk interception of communications data has been scheduled for 12 April at the European court of justice (ECJ), whose rulings are binding on UK courts. Its final decision could have a decisive impact on the powers of GCHQ, the Cheltenham-based monitoring agency, and could come shortly before Britons decide whether to remain in or leave the EU on 23 June.

At issue is the effect of an influential earlier ECJ ruling, Digital Rights Ireland, which has already been used to overturn the government’s Data Retention and Investigatory Powers Act 2014 (Dripa) on the grounds that it is “inconsistent with European Union law”.

The challenge has been brought by two MPs, the Conservative David Davis and Labour’s deputy leader, Tom Watson. Davis is expected to attend the Luxembourg hearing."

Refugee crisis: latest news from across Europe (25.3.16): reactions to and consequences of the EU-Turkey deal

UK-LIBYA: SAS deployed in Libya since start of year, says leaked memo - King Abdullah of Jordan indicates US was briefed about plans for Jordanian special forces to operate alongside British (Guardian, link):

"SAS forces have been deployed in Libya since the beginning of the year, according to a confidential briefing given to US congressional leaders by the king of Jordan.

A leaked memo indicates the US lawmakers were personally briefed by King Abdullah in January about plans for Jordan’s special forces to operate in the country alongside the British. According to the notes of the meeting in the week of 11 January, seen by the Guardian, King Abdullah confirmed his country’s own special forces “will be imbedded [sic] with British SAS” in Libya....

• Intelligence agencies want to keep terrorist websites “open so they can use them to track extremists” and Google had told the Jordanian monarch “they have 500 people working on this”.".

EU: Justice and Home Affairs Council: Joint statement of EU Ministers for Justice and Home Affairs and representatives of EU institutions on the terrorist attacks in Brussels on 22 March 2016 (Press release, 24.3.16):

"increase as a matter of urgency the systematic feeding, consistent use and interoperability of European and international databases in the fields of security, travel and migration by making full use of technological developments and including privacy safeguards from the outset. This is particularly relevant for reliable identity verification. The Commission will present in the coming weeks a communication on smart borders and interoperability.." [emphasis added]

Refugee crisis: latest news from across Europe (24.3.16): reactions to and consequences of the EU-Turkey deal

Germany: neo-Nazis and the market in asylum reception (IRR, link): "The German government’s use of the largely unregulated private security sector in the reception and care of asylum seekers has led to neo-Nazis having unrestricted access to the very people they want to harm."

Refugee crisis: latest news from across Europe (23.3.16): Reactions to and consequences of the EU-Turkey deal

UK: Disaster for Theresa May as legal ruling brings student deportations to a halt (politics.co.uk, link)

"The ruling could hardly be more damning. It found Theresa May deported thousands of students from Britain on the basis of unscientific hearsay evidence. The Home Office behaved like a tin-pot dictatorship: detaining innocent people, accusing them of made-up charges without providing anything to back it up, denying them their day in court and then deporting them.

Today's ruling could open the doors to the return of thousands of students to the UK, if – of course - they wish to come back to a country which has treated them so appallingly. And it brings to a shuddering halt Theresa May's mass deportation programme of students. It also raises serious questions about the legal and operational functions – as well as the basic morality – of the Home Office."

CoE: Commissioner for Human Rights: Commissioner publishes Memorandum on asylum and immigration in the UK (link):

"Yesterday the Council of Europe Commissioner for Human Rights published a Memorandum addressed to the UK Immigration Minister, James Brokenshire, in which he commends the UK’s efforts in providing resettlement to Syrian refugees. He also expresses a number of concerns regarding a trend of restrictive immigration policy and law which adversely affects the human rights of refugees and immigrants.

The Memorandum also highlights the plight of the 67 refugees and asylum seekers who have been in the UK Sovereign Base Areas on Cyprus since 1998. The government is urged to resettle them to the UK thus putting an end to their extremely precarious legal and social situation." and Government reply (pdf)

Refugee crisis: latest news from across Europe (22.3.16): reactions to and consequences of the EU-Turkey deal

EU-USA: EPIC Intervenes in Privacy Case before European Court of Human Rights (link)

Today EPIC filed a brief in a case before the European Court of Human Rights. The case involves a challenge brought by 10 human rights organizations arguing that surveillance by British and U.S. intelligence organizations violated their fundamental rights. In its brief, EPIC explained that the NSA's "technological capacities" enable "wide scale surveillance" and that U.S. statutes do not restrict surveillance of non-U.S. persons abroad. "The NSA collects personal data from around the world and transfer that data without adequate legal protections." EPIC routinely files amicus briefs in federal and state cases that raise novel privacy issues. This is EPIC's first brief for the Court of Human Rights in Strasbourg. [emphasis added]

Refugee crisis: latest news from across Europe (21.3.16): reactions to and consequences of the EU-Turkey deal

EU-GREECE: Relocation out, "one-for-one" in; Frontex calls for 1,500 more police officers in Greece

EC press release: Commission makes immediate proposal to implement EU-Turkey agreement: 54,000 places allocated for resettlement of Syrians from Turkey (pdf)

The title of the Commission's press release should say 54,000 places reallocated, as: "54,000 places which were foreseen for relocations will now be available for the purpose of resettling Syrians from Turkey to the EU," under the "one-for-one" scheme.

In September 2015 Member States agreed to relocate 160,000 people in need of international protection from Greece and Italy to other Member States, based on two Council Decisions, one for 40,000 people and one for 120,000 people.

Under that scheme as of 18 March, 97,725 "places" had been formally made available out of the 16,000. 937 people had been relocated (368 from Italy and 569 from Greece).

Under a Commission proposal published today, 54,000 of the "places" that were promised and never materialised will now be transferred to the "one-for-one" scheme.

Full story and more news: Refugee crisis daily update (21.3.16): criminal complaint against Spanish government; UNHCR opposes transformation of open site into detention facility in Greece; Austria to cut state aid to refugee charities.

GREECE: UNHCR halts transportation of people to Moria hotspot, now being transformed into a "closed facility"

From the UNHCR in Greece: "Dear colleagues, please be informed that as of 20 March, UNHCR has discontinued its transport of refugees and migrants from the shores and ports to the Moria detention facility. The government's decision to transform the Moria hotspot that allowed for freedom of movement into a closed facility has led UNHCR to take this principled decision. The authorities are aware of UNHCR's decision and are responsible for the transport of people arriving on their territory. UNHCR will, however, together with partners and volunteers (& the ambulance service) transport individuals in need of urgent medical attention to the hospital. We will also continue to work alongside NGOs and volunteers on providing life-saving assistance on the shores and in the ports. Thank you for your continued support and cooperation in this difficult and rapidly-changing situation."

More: Refugee crisis: latest news from across Europe (21.3.16): Greece struggles to meet EU-Turkey plan requirements; analysis of EU plans to "halt citizen-led response to the migration crisis"; further news and updates.

UK: UNDERCOVER POLICING: As inquiry hearings on secrecy approach, campainers release new briefings

Police Spies Out of Lives have produced two new briefings on issues related to secrecy and openness a the Pitchford Inquiry, which is due to examien the undercover police work in England and Wales since 1968:

See also: some background on the time when the Met Police were happy to help spread public information about the work of spying on "subversives": BBC True Spies series: police happy to disclose information when it suits them (Special Branch Files Project, link)

UK Justice Policy Review: Volume 5 (Centre for Crime and Justice Studies, link): "The fifth in an annual series by the Centre for Crime and Justice Studies, supported by The Hadley Trust, assessing year-on-year developments in criminal justice and social welfare across the UK.

Combining analysis of the main developments with key data on issues such as spending, staffing and the numbers going through the criminal justice system, UK Justice Policy Review offers an accessible overview of UK-wide developments.

This edition of UKJPR covers the final year of coalition government and the transition to the new Conservative administration.

It paints a picture of growing pressure on criminal justice agencies across England, Wales and Northern Ireland, as they struggled to cope with five years of austerity-driven cuts. Scotland is a partial exception, where increased expenditure funded stable or rising staff numbers in the police, prison and probation services.

Looking ahead, it points to the risk for a perfect storm of growing demand and shrinking budgets engulfing the UK's criminal justice institutions by the time of the next General Election.

A rising prison population – set to top 100,000 by 2020 – and inadequate legal aid funding are just two of the threats facing the delivery of justice across the UK."

Report: UK Justice Policy Review: Volume 5 (pdf)

Greece struggling to implement EU-Turkey deal

Greece Under Strain As Migrant Deal Takes Effect (Yahoo! News, link): "Authorities in Greece are struggling to put in place infrastructure to implement the deal signed by EU leaders and Turkey in Brussels to stem the flow of migrants.

(...) Speaking to Sky News, an official from the Greek government's crisis management office said the challenges were huge.

"If we had to do it today, we wouldn't be able to do it. There are things that have to be done before we are ready to implement a deal like this," Giorgos Kyritsis said.

"We are talking days in terms of the legal procedures. We have to make many legislation arrangements and then we have to make the infrastructure and that is a matter of weeks, not months.""

More: Greece struggles to launch EU-Turkey plan (EUobserver, link): "Would-be asylum seekers have continued to arrive on the Greek islands from Turkey as the EU promises to support Greece in its efforts to send them back.

About 875 of mostly Syrians and Iraqis arrived on four Greek Aegean islands over the weekend with Turkey stopping another 3,000." And see: EU-Turkey deal fails to stem refugee flight to Greece (Reuters, link) and Greece Struggles to Enforce Migrant Accord on First Day (The New York Times, link)

Further detail on the situation in Greece as it was in December 2015 can be found in a recent European Economic and Social Committee (EESC) report on Greece (link). The EESC undertook fact-finding missions to see how civil society and other organisations were responding to the situation of refugees and migrants in various locations in Greece, reaching a number of conclusions under the following headings:

The deal with Turkey (pdf), of course, is supposed to significantly diminish the number of people arriving in Greece. But apart from reducing the numbers of people arriving - thus reducing the level of need - it is not clear how, if at all, the actions outlined in the EU-Turkey plan will contribute to alleviating the problems outlined in the EESC report.

More: Refugee crisis: latest news from across Europe (21.3.16): UNHCR ceasing transportation to Moria camp, converted into a closed detention centre; analysis of EU plans to "halt citizen-led response to the migration crisis"; further news and updates.

New Developments in Complicity of Torture Case against French IT Company (Rights as Usual, link): "On Tuesday 15 March, French newspaper Libération and radio station France Inter revealed the results of a large-scale inquiry they conducted on the activities of French IT company Amesys, a subsidiary of Bull. The company is being investigated for its activities in Libya, specifically for having sold a surveillance system called Système Eagle to the Libyan regime under Gaddafi. The surveillance equipment was used to track Libyan opponents who were subsequently arrested and tortured. It is allegedly still in use in Libya.

Journalists gained access to dozens of documents showing the scale of the operation, and these documents are now part of the investigative judges’ file against the company. The system worked by identifying key words in individuals’ emails. Words such as “corruption”, or anything vaguely critical of the regime written in an email could trigger a person’s increased surveillance and his or her arrest.

This is a significant development in an investigation which has been dragging on for years. To this day, the company is still not formally charged with anything and strongly denied the allegations in a press release published on its website."

Some background: French firm Amesys, criticised for selling to Gaddafi's Libya, offers customers "lawful or massive interception" of telecommunications (Statewatch News Online, December 2011) and Opening of a judicial inquiry targeting Amesys for complicity in acts of torture in Libya (FIDH, May 2012, link)

Reactions and consequences of EU-Turkey deal: Refugee crisis: latest news and documents (19-20.3.16)

Is this what the EU-Turkey deal means: Friday 18 March 2016, the same day that the "deal" by the EU was done with Turkey, Channel Four carried this shocking video of a Turkish coastguard boat - openly - trying to sink a refugee motorised ribber dinghy: Shocking video appears to show the Turkish coastguard striking an inflatable dinghy carrying refugees and migrants in deep and dangerous waters (Facebook lvideo link) Shocking video appears to show the Turkish coastguard striking an inflatable dinghy carrying refugees and migrants in deep and dangerous waters. The officers are under instructions to get the boats to turn back.

"Migrant Report states that a Turkish coastguard crew has been caught on camera attacking a rubber boat with about 40 asylum seekers on board, including five women and 15 children. The incident happened at about 8 AM off the Greek island of Agathonisi. A Turkish Coast Guard Cutter started chasing the dinghy, which at this point was moving fast out of Turkish waters. Eventually the coast guard deployed their own RHIB with three men on board. The raft started zigzagging to avoid being intercepted. At this point, the coast guard officials started hitting the migrant boat apparently aiming to disable the engine. While this was taking place, the larger coastguard vessel started making a circle around the migrants’ boat creating a dangerous wave that is intended to flood the engine but could have also capsized the vessel. The chase, which lasted about 40 minutes, continued well into Greek waters with the Turkish coastguard pulling back when they were about half a nautical mile away from the shore of Agathonisi."

EU-Turkey Summit: EU-Turkey statement, 18 March 2016 (pdf):

As from tomorrow, 20 March 2016 all refugees and migrant not lodging an asylum application successfuly will be returned to Turkey - but how will the EU ensure that Turkey does not carry out collective expulsion (refoulement) and how can it operate before Grece has agreed that Turkey is a safe country (which it is not) to return people to? There are special provisions for Syrians but refugees from other states will returned to the very countires they fled from.

"All new irregular migrants crossing from Turkey into Greek islands as from 20 March 2016 will be returned to Turkey. This will take place in full accordance with EU and international law, thus excluding any kind of collective expulsion. All migrants will be protected in accordance with the relevant international standards and in respect of the principle of non-refoulement. It will be a temporary and extraordinary measure which is necessary to end the human suffering and restore public order. Migrants arriving in the Greek islands will be duly registered and any application for asylum will be processed individually by the Greek authorities in accordance with the Asylum Procedures Directive, in cooperation with UNHCR. Migrants not applying for asylum or whose application has been found unfounded or inadmissible in accordance with the said directive will be returned to Turkey."

See: "Critics brand EU deal with Turkey on migrants 'a dark day for humanity (AOL News, link): "But the deal was described as "a dark day for humanity" by human rights group Amnesty International, whose UK director Kate Allen said: "It's absolutely shameful to see leaders seeking to abandon their legal obligations. Forcing refugees back into the hands of the very smugglers they just came from so they can have another go at exploiting them is obviously a madness. There's no way anyone should herald this as a solution."

The final EU/Turkey refugee deal: a legal assessment (EU Law Analysis, link) by Steve Peers, Professor of Law:

"It is unfortunate, to say the least, that the EU did not try to ensure beyond doubt that the deal was legal, by putting in place some sort of effective monitoring of Turkish commitments as regards the treatment of refugees and migrants, in particular asking Turkey to fully apply the Geneva Convention to all refugees as a condition of the deal. After all, the EU will now be meeting a significant proportion of the costs of housing refugees in that country. It is even more disturbing that some Member States want to arrange for expedited returns to Libya. Surely before too long, the CJEU will asked to interpret the definition of 'safe third country' in EU asylum law. That finding will be crucial in determining whether it really is legal to return people to Serbia, Turkey, Libya and possibly other countries besides. " [emphasis added]

and the following has been deleted from a leaked draft: ". Migrants having been returned to Turkey will be protected in accordance with the international standards concerning the treatment of refugees and respecting the principle of non-refoulement."

The EU's"day of shame": Refugee crisis: latest news from across Europe (18.3.16)

European Council 17-18 March 2016: Conclusions (pdf): This is not the text of the EU-Turkey deal, which is supposed to take the form of a "statement". However, much of the text concerns the issue of migration and cooperation with Turkey, and also hints at the possibility of military or other action within Libyan territory:

"In this context, the fight against smugglers everywhere and by all appropriate means remains key. The EU stands ready to support the Government of National Accord, as the sole legitimate government of Libya, including, at its request, to restore stability, fight terrorism and manage migration in the central Mediterranean."

Lots more documents and stories in the daily update: Refugee crisis: latest news from across Europe (18.3.16)

EU: European Data Protection Supervisor on the proposed European Border and Coast Guard Agency

Press release: Securing Europe’s Rights and Borders (pdf): "Migration and security are two complex matters for the EU and the proposal reflects this complexity. The EDPS regrets that, despite the pressing political agenda of the European Commission, he was not consulted at an earlier stage of the legislative process since this proposal has clear data protection implications. His recommendations address his main data protection concerns and can help make the proposal more robust to withstand legal scrutiny.

The EDPS recommends that the proposal’s two aims need to be approached separately since different areas of data protection law apply; a distinct assessment of the necessity and proportionality of proposed actions is essential. Clear compliance with data protection principles will make the proposed Regulation more robust and efficient.

The scale and scope of personal data collection must be clarified since the current proposal implies that the new European Border and Coast Guard Agency will turn into a personal data hub where massive amounts of personal information is to be processed for border management."

And full opinion: EDPS' recommendations on the proposed European Border and Coast Guard Regulation (pdf). For background and documentation see: SEMDOC: Regulation on a European Border and Coast Guard Agency

EU, Turkey reach deal to return asylum seekers: Sources (Middle East Eye, link): "EU and Turkish officials have agreed a deal that will see hundreds of thousands of asylum seekers returned to Turkey in exchange for accelerated accession to the EU after hours of crunch talks in Brussels on Friday.

Asylum seekers will begin being forcibly returned from Europe to Turkey from 20 March if EU member states agree to the terms of the deal, a spokesperson for European Council chief Donald Tusk told Sky News.

The deal has so far only been agreed by Tusk and Turkish Prime Minister Ahmet Davutoglu, an EU source told Danish journalist Per Thiemann, and must now be put to the union's 28 member states.

The precise terms of the deal have not yet been made public."

And: EU strikes deal with Turkey to send back refugees (The Guardian, link): "The EU has struck a deal with Turkey that would mean all refugees and migrants arriving in Europe from Sunday being sent back across the Aegean Sea.

The European council president, Donald Tusk, cleared key sticking points with the Turkish prime minister, Ahmet Davutoglu, during talks on Friday morning. “The Turkey agreement has been approved,” Finland’s prime minister, Juha Sipila, said on Twitter."

Background and more on the situation fo refugees in Europe: Refugee crisis: latest news from across Europe (18.3.16)

FRANCE: La Cimade press release: With closed counters: foreigners kept at a distance by prefectures (pdf): "Foreigners are increasingly finding the doors shut when they try to apply for or renew their residence permits in the prefecture [office of the government envoy in charge of security, among other competences] offices: this is what La Cimade criticises in the report À guichets fermés [With closed counters], which was published today. Contravening the principle of equality before public services, access to the prefecture office results from successfully negotiating a course which is laden with obstacles. For foreigners, the difficulties which they encounter to undergo the necessary administrative procedures are as serious as the important restrictions which exist in the criteria for granting residence permits. An important concern involves the cuts in resources which simultaneously deteriorate working conditions for civil service employees and access to rights for its users, particularly those who are most vulnerable."

Full report: À guichets fermés (La Cimade, link)

EU-TURKEY DEAL: "On the edge of international law" - or against it?

As the EU and Turkey come closer to an agreement that aims to keep refugees and migrants out of Europe, Lithuanian president Dalia Grybauskaite has said that a proposed deal, on which EU heads of state and government agreed yesterday (Thursday 17 March), "is on the edge of international law.” Civil society organisations, meanwhile, say that the proposals under discussions, if agreed, would be illegal.

UNDERCOVER POLICING: Spycops inquiry: ‘If it’s in secret, it’s dead in the water’ (The Justice Gap, link): "As this is a public inquiry, it follows that the starting point must be open proceedings, with minimal restrictions, fully justified on a case by case basis. Those who were spied upon deserve answers. The Inquiry was ordered to help address the loss of public confidence in the police resulting from serious misconduct in undercover operations. If it appears to be a cover-up, the Inquiry will only increase the concerns it was called to address."

The article makes clear the need for openness and transparency a the forthcoming Pitchford Inquiry, at which the police are hoping to be allowed to maintain their practice of "neither confirming nor denying" the existence of particular information, and for secret hearings to take place. The Police Spies Out of Lives group are asking people to support calls for transparency: Public asking Police to come clean ahead of hearing next week (Police Spies Out of Lives, link): "People are showing their solidarity to those fighting to keep the public inquiry PUBLIC, and asking the police to COME CLEAN over abuses. To do this, they are sharing photos of themselves on social media.

This is response to the call out by Cardiff against Police Spies and is in the lead up to the Inquiry Preliminary hearing and demo next week."

And: a long piece from Australia: Helen Steel and John Dines: The spy who loved me (The Sydney Morning Herald, link)

USA: RENDITION AND TORTURE: The U.S. Government Is Still Fighting to Bury the Senate Torture Report (The Intercept, link): "Government lawyers on Thursday continued their fight to bury the Senate Torture Report, arguing before the D.C. District Court of Appeals that the 6,700-page text could not be released on procedural grounds.

When the 500-page executive summary of the report was released more than a year ago, it prompted international outcry and renewed calls for prosecution. The summary describes not only the CIA’s rape and torture of detainees, but also how the agency consistently misrepresented the brutality and effectiveness of the torture program."

And: Judges Consider Release of Full CIA Torture Report (US News, link). The report, in its censored form: Senate Select Committee on Intelligence Committee Study of the Central Intelligence Agency's Detention and Interrogation Program (10MB, pdf)

EU-US: "Privacy Shield" under fire

"The next US administration can, if it so chooses, weaken an already patchy data sharing pact with the EU known as Privacy Shield.

The provisional agreement spells out how US companies can use the transferred data of EU nationals while respecting tough EU privacy laws.

But fears are mounting a US administration headed by firebrand Donald Trump may attempt to punch holes in an agreement whose legal basis is largely based on promises and letters signed by top US officials." See: Cracks emerge in EU US data 'shield' (EUobserver, link)

See also: Sending data to the US: how to safeguard your privacy (European Parliament, link); Privacy Shield negotiators on defensive ahead of member states’ review (EurActiv, link); and European Data Protection Supervisor: speech at LIBE committee hearing: Towards an Opinion on the EU-US Privacy Shield (pdf): "a lasting solution must be capable of providing legal certainty. It must be capable of being credibly defended - and upheld! - in case of future scrutiny before the Court."

SLOVAKIA: Fico says 4-party government may be in place next week (EurActiv, link): "Slovakia’s ruling centre-left party Smer, and three small centrist and nationalist parties, have drafted a coalition agreement, and a new government could be installed by the middle of next week, Prime Minister Robert Fico said on Thursday (17 March).

Fico’s party won the most votes in the 5 March election, but lost its overall majority, threatening instability before Bratislava takes over the rotating presidency of the crisis-ridden European Union in the second half of this year."

Background: Slovak far-right makes spectacular gains on fear of migrants (The Times of Israel, link): "A Slovak extreme right nationalist party made spectacular gains in weekend elections thanks to anti-migrant sentiment in the EU member state and Prime Minister Robert Fico’s decision to tap into it on the campaign trail, analysts say. "

UK: Mass stop and search by police doesn't reduce crime, says study (The Guardian, link): "The use of large “surge” stop-and-search operations by the police has no discernible effect in reducing crime, according to newly released Home Office research.

The study looks at the mass use of stop and search by London’s Metropolitan police to tackle knife crime in 2008/09, at a time when officers were carrying out one search every 20 seconds on average nationwide.

(...) The use of large-scale mass stop and search operations has been highly controversial not least because black people are still four times more likely to be stopped and searched on the streets by the police than white people."

Full report: Home Office: Do initiatives involving substantial increases in stop and search reduce crime? Assessing the impact of Operation BLUNT 2 (pdf)

EU: Council of the European Union: Coherence and consistency between internal and external EU human rights policy - Presidency discussion paper (6256-16, pdf): "It has been concluded several times that the work to increase consistency and coherence deserves further attention. To follow-up on these discussions, it would be useful to explore more in depth the shared understanding of the issues at play and discuss whether these is a common and shared understanding of what is required to be able to consider the internal and external aspects to be ‘coherent’ and ‘consistent’. The importance of having a clear view on this, is that it enables identification of examples of incoherence and inconsistency and thereby the finding of effective solutions and approaches which take into account the interests of both internal and external realities."

Refugee crisis: latest news from across Europe (17.3.16)

EU: Data retention: Commission still refusing demands for new mass surveillance measures

Calls for a new EU data retention law have grown over the last few months, but the European Commission is still refusing the possibility of introducing new EU-wide telecoms surveillance measures and is standing by its September 2015 statement that "the decision of whether or not to introduce national data retention laws is a national decision".

After the European Court of Justice (ECJ) annulled the EU's Data Retention Directive in April 2014, some Member States annulled their national laws implementing the Directive; some kept theirs in place; and some passed new legislation (for example the UK, with its Data Retention and Investigatory Powers Act).

New Institute of Race Relations (IRR): report: Entitlement and belonging: social restructuring and multicultural Britain (pdf): "The government considers the Housing and Planning Bill 2015 and the Immigration Bill 2015, currently going through parliament, as flagship pieces of legislation. This paper examines the likely impact of the legislation on the inner-city communities of multicultural Britain, the implications of its enforcement and the wider questions thrown up about the future of the welfare state."

Round-up of news stories from across the EU (17.3.16)

EU: Capitalism and surveillance: European Data Protection Supervisor: Opening statement at the roundtable on data and competition hosted by l'Autorite de la Concurrence, Paris, 8 March 2016: "Our question is therefore this: with today’s internet based on surveillance, how can the EU enable alternative, non-privacy invasive business models to penetrate the market? How can the EU stop lagging behind in a sector where none of the top ten companies is European?"

EU: Meijers Committee: Note on a Proposal for a Directive on combating terrorism (pdf):

"The Meijers Committee would like to comment on the European Commission's proposal for a Directive on combating terrorism,1 partly in light of the proposals made in the Council's General Approach of 3rd of March 2016 and the European Parliament's LIBE Committee's draft report of 10th of March 2016. The Meijers Committee holds that the proposal is insufficiently substantiated, that it extends the scope of criminal law too far and compromises fundamental rights."

And see: Background: Directive on combating terrorism (SEMDOC, link)

Refugee crisis: latest news from across Europe (16.3.16)

REFUGEES: PETITION: Sign up: STOP EU-TURKEY DEAL - SAFE PASSAGE NOW (European march for Refugee Rights, link): 52,444 already signed:

"Heads of EU Member States
Donald Tusk, President of the European Council
Jean-Claude Juncker, President of the European Commission

On 27 February 2016, citizens in 32 countries and over 120 cities from Europe and the rest of the world raised their voices for refugee rights under the slogan #safepassage. We demanded legal and safe routes and high standards of reception and asylum. On 7 March 2016, EU leaders met with Turkey and designed a plan that should be agreed upon at the next European council meeting on 17-18 March. We call on European leaders ahead of this summit to live up to the European values of human dignity and human rights, to respect international law and above all, to bring us humane policies for a humane Europe."

GREECE: Rule of law in Greece buckles under institutionalised ill-treatment by law enforcement agents (verfassungsblog.de, link):

"The latest report on Greece by the Council of Europe anti-torture Committee (CPT), issued on 1 March, rang, once again, the alarm concerning decades-old, institutionalised, unlawful violence by law enforcement agents. In its press release CPT highlighted the need for Greece to fully acknowledge the phenomenon of police ill-treatment and to adopt a “comprehensive strategy and determined action” to address it.

The issue is compounded by the fact that this deeply ingrained violence is combined with institutionalised racism inside parts of the Greek law enforcement forces, thus targeting in particular migrants. In its 2015 report the Greek Racist Violence Recording Network noted that in 21 out of the 81 racist incidents that were recorded in 2014 the perpetrators were either only law enforcement officials or law enforcement officials along with other perpetrators. Out of these, 13 took place in public places, six in police stations or detention centres, and two in an abandoned private place."

Refugee crisis: latest news from across Europe (15.3.16)

E-BORDERS: UK: House of Commons: Public Accounts Committee: e-Borders and successor programmes (pdf) and Committee page (links to evidence)

"On current projections the Home Office’s (the Department’s) e-Borders programme and its successors will cost over a billion pounds, be delivered 8 years late and not provide the benefits expected for transport carriers and passengers.... The Department was emphatic that our borders are secure. However, the Department needs to accept that its assertion that it checks 100% of passports is both imprecise and unrealistic due to the complexity of our border.."

See: E-borders will be eight years late and cost more than £1bn (The Register, link): !MPs have slammed officials' misplaced confidence in the Home Office’s "vital to national security” e-Borders project, which will eventually cost the taxpayer more than £1bn and arrive at least eight years late."

UK: Judge sues Ministry of Justice for race discrimination - Peter Herbert takes action over recommendation that he receive warning for his remarks on racism within judiciary (Guardian, link):

"A judge is suing the Ministry of Justice for race discrimination after it recommended that a formal warning be made against him for remarks he made last year about racism and the judiciary.

Peter Herbert, chair of the Society of Black Lawyers, is a human rights barrister who sits as a part-time recorder and as a judge in employment and immigration tribunals. He also holds an OBE."

UK: Investigatory powers bill not up to the task (Letter to Guardian, link):

"The UK’s investigatory powers bill receives its second reading on Tuesday. At present the draft law fails to meet international standards for surveillance powers. It requires significant revisions to do so.

First, a law that gives public authorities generalised access to electronic communications contents compromises the essence of the fundamental right to privacy and may be illegal. The investigatory powers bill does this with its “bulk interception warrants” and “bulk equipment interference warrants”.

Second, international standards require that interception authorisations identify a specific target – a person or premises – for surveillance. The investigatory powers bill also fails this standard because it allows “targeted interception warrants” to apply to groups or persons, organisations, or premises.

Third, those who authorise interceptions should be able to verify a “reasonable suspicion” on the basis of a factual case. The investigatory powers bill does not mention “reasonable suspicion” – or even suspects – and there is no need to demonstrate criminal involvement or a threat to national security.

These are international standards found in judgments of the European court of justice and the European court of human rights, and in the recent opinion of the UN special rapporteur for the right to privacy. At present the bill fails to meet these standards – the law is unfit for purpose.

If the law is not fit for purpose, unnecessary and expensive litigation will follow, and further reform will be required. We urge members of the Commons and the Lords to ensure that the future investigatory powers legislation meets these international standards. Such a law could lead the world."

Germany: Frag den Staat (link): Ask Parliament! - How to free scientific reports in large numbers:

"On February 18th 2016 German Parliament (“Bundestag”) announced the release of thousands of previously non-public reports conducted by the Research Section of Parliament in reaction to our campaign FragDenBundestag! (“Ask Parliament!”)."

EU-TURKEY SUMMIT: European Council (17-18 March 2016) - Draft conclusions (LIMITE doc no: 5862-16, pdf)

"Following the decisions of the Heads of State or Government of 7 March, and in the context of the Joint Action Plan with Turkey and its possible expansion...

the use of all means to support the capacity of Greece for the return of irregular migrants to Turkey...

speeding up relocation from Greece, which includes conducting the necessary security checks; the number of applications now being larger than the number of offers, [as shown in the Commission report of 16 March], Member States should swiftly offer more places..."

GREECE-MACEDONIA: Hundreds of refugees hunt for new route into Europe as three drown on Greece-Macedonia border (The Independent, link): "Three refugees have drowned while attempting to cross a river from Greece into Macedonia, according to police, as refugees attempt to find a new route to cross into the country.

Macedonian police said the bodies of two men and a woman had been found in the Suva Reka river near the border town of Gevgelija on Monday morning, which had swelled due to heavy rain.

More than 1,000 refugees are reported to have left the Ideomeni camp in the north of Greece on Monday morning, walking for hours with their belongings in heavy rain before finally attempting to cross the fast-flowing water."

More on the same issue and other stories and documentation: Refugee crisis: latest news from across Europe (14.3.16)

EU: Explainer: The European Law Protecting Over A Million Children In Court (RightsInfo, link): "On Wednesday, 9th March 2016, the EU Parliament in Strasbourg voted, in an overwhelming majority of 613 votes to 30 (with 56 abstentions), to pass a Directive on special safeguards for child suspects...."

The article highlights five key points relating to the Directive (which will not apply in the UK, Ireland or Denmark): 1. Providing children with a lawyer is now compulsory; 2. Questioning must be appropriate to the child’s age and mental capacity; 3. Parents must be allowed to assist their arrested children; 4. Cases involving children must be treated as a matter of urgency; 5. Children cannot be tried in their absence.

UK: Cops hacked the Police National Computer to unlawfully retain suspects' biometric data (The Register, link): "Police employees have been hacking the Police National Computer to unlawfully retain suspects' biometric data, it has emerged.

The manipulation of the national IT system has come in response to public demands to restrict the length of pre-charge bail, the Biometrics Commissioner has suggested.

In his 122-page annual report (PDF), the commissioner noted that it had become “not uncommon” for the police to release suspects in ongoing investigations without officially placing them on bail, as the forces “clearly feel under pressure” to meet the Home Office's guidance to bring charges within 28 days of an initial arrest."

See also: Britain’s biometrics commissioner in DNA warning (Planet Biometrics, link): "A report by Britain’s biometrics commissioner has revealed that the fingerprints and DNA of at least 45 terror suspects had to be destroyed after police errors.

The report by Alastair MacGregor QC, the Commissioner for the Retention and Use of Biometric Material , also revealed that the police now have DNA profiles of 7,800 terrorism suspects.

MacGregor has found that the number of individuals whose DNA profiles and fingerprints are being logged on the little-known database as a result of counter-terrorism investigations is growing quickly, having risen from 6,500 identified individuals in October 2013 to 7,800 last year."

Full report: Annual Report 2015: Commissioner for the Retention and Use of Biometric Material, Alastair Macgregor QC, December 2015 (pdf)

FRANCE:La Cimade press release: Fires in detention: the violence of detention must cease

Four voluntary fires were started in the last few days in the Mesnil-Amelot administrative detention centre (CRA, Centre de rétention administrative). Of the three which occurred in the no. 2 CRA, the most violent one spread out on Saturday afternoon, leading to injuries to at least four people; two fire engines and a helicopter were used to put it out. The two other fires occurred in the night between Sunday and Monday. In the no. 3 CRA, the fire started on Sunday evening.

The Mesnil-Amelot CRA is an administrative invention through which two centres are grouped within the same enclosure, with a delocalised court in an adjoining building. It is the largest CRA in France, which is strategically placed at the end of the runways of Roissy airport. All the violence of the detention and expulsion policy enacted by the State towards foreigners crystallises there.

EU: EUROPEAN ARREST WARRANT: Warning over ECJ opinions that propose prioritising "mutual recognition" over human rights

Fair Trials joins with criminal justice experts on European Arrest Warrant (Fair Trials, link): "Experts in criminal justice from across the European Union have united in expressing their concerns regarding the protection of human rights in the fast-track extradition system; the European Arrest Warrant, as well as the poor and inhumane prison conditions in EU member states.

...if the court were to follow the opinion it would mean the human rights-based grounds for refusing European Arrest Warrants applied in national implementing laws, are incompatible with the EAW Framework Decision."

The letter: AG Bot's Opinion in Aranyosi and Caldararu - a Threat to Justice in Europe (pdf): "We believe that the Opinion of AG Bot should prompt a fundamental review of the Commission's approach. In outline, his conclusion is that "Article 1(3) ... must be interpreted in a way that it does not create a ground for non-execution of an Arrest Warrant ... on the basis of a risk of a violation in the requesting state of the human rights of the requested person". We recognise, of course, that this is not a legally-binding decision and that the Court will ultimately issue an opinion. However, we are writing now given the grave importance of the Court's ultimate response to the questions referred to it and the Advocate General's unexpected and deeply troubling advice to the Court.

The implications of this approach - according the principle of mutual recognition a higher legal status than protection for fundamental human rights - cannot be under-stated. If adopted by the Court, it would place the EU legal order out of line with overwhelming global consensus that there is an absolute and non-derogable right for a person not to be extradited to countries in which there is a real risk that they would be subject to torture or inhuman or degrading treatment. Despite AG Bat's arguments, international human rights standards allow for no " balancing" of this right against the interests of law-enforcement or judicial efficiency."

The opinions of Advocate-General Bot in the two cases in question are available on the CJEU website in various languages including French, German and Spanish. They are currently unavailable in English. See: Aranyosi and Caldararu (links).

1000s protest as Poland government battles court (News 24, link): "Tens of thousands of people took to the streets of Warsaw on Saturday in the latest round of a constitutional row that has put the government on a collision course with the country's top court.

Warsaw city hall estimated that around 50 000 anti-government protesters rallied outside the constitutional court which is in dispute with the government over reforms which critics say undermine judicial independence.

The demonstration came as the government refused to publish a ruling by the constitutional court abolishing the new laws."

See: Polish government rejects watchdog's call to publish court ruling (Radio Poland, link): " A spokesman for Poland's Law and Justice government said on Saturday that the prime minister will not publish a key ruling by the Constitutional Tribunal, despite being urged to do so by European Council watchdog the Venice Commission."

The Venice Commission report: European Commission for Democracy through Law (Venice Commission): Opinion on amendments to the act of 25 June 2016 on the constitutiona tribunal of Poland (pdf). Adopted at: 106th Plenary Session of the Venice Commission of the Council of Europe (Council of Europe, link)

FRANCE-UK: CALAIS: People protest, move on as situation worsens

Refugees target Cherbourg port as security tightens at Calais (The Telegraph, link): "Since the start of the year, there have been more than 400 attempts by migrants to sneak on to ships in Cherbourg bound for England or Ireland.

That is twice the number of attempts for the whole of 2015, according to the most senior state official in the region.

Many more may head there from Calais in the coming weeks as French authorities continue the demolition of half of the squalid Jungle, which is home to up to 7,000 migrants."

Refugees sew mouths shut in protest at Calais camp (NRT, link): "A number of refugees have sewn their lips shut in protest over the Calais “Jungle” camp’s closure, which began over a week ago in northern France.

NRT correspondent Halgurd Samad said French authorities are destroying the southern part of the camp where more than 1,500 refugees had settled.

The refugees taking part in a literal silent protest want to be resettled across the channel in England. They say they represent all of the refugees who were or are still living in the camp, and that they are waiting for a response from the British government."

Far-right activists 'impersonated police to attack refugees for money and mobile phones' in Calais (The Independent, link): "A group of far-right activists have reportedly admitted impersonating as police officers to attack and rob refugees in a series of attacks in Calais.

The five local men, aged between 19 and 14, were arrested on Wednesday and include the founder of an anti-immigration movement and protest organisers."

UK 'to give France €20 million extra' to stop migrants and refugees reaching England from Calais (The Independent, link): "David Cameron is to agree to give an extra €20 million (£15.4 million) to France for policing and dispersing migrants attempting to reach the UK from Calais, a minister has said.

In a radio interview before a Franco-British summit at Amiens in the Somme, the French Europe minister, Harlem Desir, said the extra funding came on top of previous British spending of €60 million (£47 million)."

More news and documentation: Refugee crisis: latest news from across Europe (14.3.16)

The Investigatory Powers Bill Is Unfit for Parliament (The Huffington Post, link): "here's a long history to state surveillance, going all the way back to Thomas Cromwell, of Wolf Hall fame. However, the levels of intrusion used to be extremely limited, simply because so much effort is needed to intercept and steam open letters, that it could only be done on people who were genuinely under suspicion. These days, with more of our lives being lived online, not only can we collect more information on more people than ever before, but it is far more intrusive. The contents of your phone probably reveal far more about you than any letters you write.

And so we should all be very concerned when the Home Office demands access to much more of our information. The problem isn't about people who are under suspicion of a crime; we can all agree that it is right to monitor such people, with appropriate safeguards. But it's different when it comes to keeping track of every website that we visit regardless of suspicion as proposed in the new Investigatory Powers Bill to be debated in Parliament this week."

For a detailed overview, see: House of Commons Library briefing paper: Investigatory Powers Bill (pdf). Background documentation: Draft Investigatory Powers Bill: official documents (Statewatch Database)

Belgium says Europeans not welcome if they don’t take on work (euronews, link): "In the heart of Europe, Belgium is home to more than a million immigrants out of a total population of 11 million.

Around 70% are from other EU member states, with large Italian, Dutch and French communities.

In recent years Belgian immigration policy towards Europeans has tightened, and more and more people are having their residency permits withdrawn, from eight in 2008 to more than 2000 in 2014. Between 2008 and last year more than 10,000 people were ordered to leave Belgium."

Background: March 2014: Even Barroso could soon be expelled from Brussels? (Sancho Panza, link)

And in the UK, similar developments: July 2014: Tougher benefits rules for EU migrants: New arrivals will lose payments after just three months under new Tory plans (The Independent, link) and Cameron cuts EU migrants’ unemployment and child benefits (EurActiv, link)

Refugee crisis: latest news from across Europe (12-13.3.16)

EU: Justice and Home Affairs Council: 10-11 March 2015: Final Press release, 10-11-3-16 (pdf)

"B" Points Agenda (for discussion, pdf) and "A" Points Agenda (adopted without discussion, pdf) and Background Note (pdf)

Border Guard Agency:

See: Proposal for a Regulation of the European Parliament and of the Council on the European Border and Coast Guard and repealing Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 and Council Decision 2005/267/EC - Provisions on return (LIMITE doc no:6884-16, pdf) and

Proposal for a Regulation of the European Parliament and of the Council on the European Border and Coast Guard and repealing Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 and Council Decision 2005/267/EC (LIMITE doc no: 6652, pdf)

- Proposal for a Regulation of the European Parliament and of the Council on the European Border and Coast Guard and repealing Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 and Council Decision 2005/267/EC - State of play (LIMITE doc no: 6744-16, pdf)

Counter-Terrorism:

- State of play on implementation of the statement of the Members of the European Council of 12 February 2015, the JHA Council Conclusions of 20 November 2015, and the Conclusions of the European Council of 18 December 2015 (LIMITE doc no: 6785-16, pdf)

- Proposal for a Directive of the European Parliament and of the Council on combating terrorism and replacing Council Framework Decision 2002/475/JHA on combating terrorism [First reading] - General approach (LIMITE doc no: 6655-16, pdf)

Ex-MI5 boss: Private firms spy like us (Evening Standard, link): "Private firms are compiling detailed personal profiles of ordinary citizens using methods that are “just as intrusive” as those deployed by Britain’s intelligence agencies, the former head of MI5 has warned.

Baron Evans of Weardale said the companies were using “open source” material to learn “an awful lot about what you do on a daily basis and who you associate with” to an extent that “would be very surprising” to most of the public.

Lord Evans, who served as director general of the Security Service until 2013, added that the firms had “really effective and powerful investigative capabilities” but faced only limited legal controls that were much weaker than those applied to the intelligence agencies."

And see: Spying on a see through world: the "Open Source" intelligence industry, by Ben Hayes (Statewatch Journal, January-March 2010)

Prison capital: UK locks up more people than any other EU member state

The latest Council of Europe (CoE) prison statistics show that the UK imprisons more people than any other member of the European Union, with over 95,000 behind bars. Of the 47 member states of the Council of Europe, only Russia (671,027 people) and Turkey (151,451) have more people in prison. Within the UK, Scotland has the highest rate of incarceration, and between 2005 and 2014 the country's prison population rate rose by over twice as much as in England and Wales.

Across the 47 member states of the Council of Europe, there has been a decline in overcrowding but it remains a serious problem. Europe's prisons "remain close to the top of their capacity, holding 1,600,324 people." The countries with the most overcrowded penal institutons in 2014 were Hungary, Belgium, the Former Yugoslav Republic of Macedonia, Greece, Albania, Spain, France, Slovenia, Portugal, Serbia and Italy. The most common crimes for which people are imprisoned are drug offences (17% of the total prison population) and theft (14%).

UN human rights chief to discuss "very serious concerns" over proposed EU-Turkey deal during Brussels trip

"The EU's draft arrangement with Turkey earlier this week raises a number of very serious concerns. We do not yet have full details of this draft, and I plan to discuss my concerns in full during my visit to Brussels early next week, before the two-day EU Summit which begins on 17 March. Among my concerns is the potential for collective and arbitrary expulsions, which are illegal. Border restrictions which do not permit determination of the circumstances of each individual violate international and European law.

I must also reiterate my profound concern about restrictive measures such as erecting fences; denying people access to individualised procedures; and arbitrarily denying entry to people of specific nationalities. I am in addition concerned about measures to seize belongings from people who may have already suffered greatly, and to restrict them from bringing in family members."

Full statement: Statement by Zeid Ra'ad Al Hussein, United Nations High Commissioner for Human Rights, to the Human Rights Council's 31st session (10 March 2016, pdf) and see: UN rights chief calls on EU to adopt more ‘humane’ measures on migration (UN Human Rights, link)

More: Refugee crisis: latest news from across Europe (11.3.16): joint NGO statement against border closures; non-assistance to migrants in distress; interview with International Organisation for Migration director.

EU wants to give police greater digital access (EUobserver, link): "The European Commission is set to propose expanding police access to sensitive digital data, including details of financial transactions made inside the EU and biometric data of asylum seekers.

The idea is laid out in an internal document, seen by this website, from EU counter-terrorism coordinator Gilles de Kerchove.

The paper, dated 4 March 2016, says the commission is mulling proposals to broaden the Terrorist Financing Tracking Program (TFTP), also known as the Swift agreement."

See: European Counter-Terrorism Coordiator: State of play on implementation of the statement of the Members of the European Council of 12 February 2015, the JHA Council Conclusions of 20 November 2015, and the Conclusions of the European Council of 18 December 2015 (LIMITE doc no: 6785-16, pdf)

EU: DATA PROTECTION REGULATION: The lobby-tomy 2: What was the lobbying about? (EDRi, link): "What do companies really think about privacy protection? Publicly everybody thinks privacy is important, but do they think the same thing behind closed doors? What were the hot issues during the lobby and did everybody treat privacy protection well?

(...)

Of all the (over 150 ) lobbying documents, unfortunately only three are clearly in favour of more data protection. Two of those are ours. The other one was sent by the European consumers association. That is a very low number.

We have qualified one third of the documents as unmistakably bad for data protection. This means that organisations in those cases want fewer obligations, and want to make more data processing possible and/or easier.

Of course, judging almost two hundred lobby documents on their substance is no exact science. It doesn’t get any more precise than “more” or “less” data protection. Still, a troubling image appears."

See also: Lobby-tomie (link) - the blog series in Dutch (Bits of Freedom, link)

FRANCE: A look at the latest French laws on intelligence collection (Electrospaces.net, link): "Over the last year, The French parliament passed new laws granting additional powers to intelligence services regarding interception of communications and data requests. This is part of a broader reform aimed at creating a legal framework for intelligence practices which were not formally authorized by law before 2015. In the press, it was said that these laws allowed sweeping new surveillance powers, legalizing highly intrusive methods without guarantees for individual freedom and privacy.

This article will focus on the provisions related to communications intelligence (COMINT), including targeted telephone tapping (lawful interception or LI), metadata collection and data requests to internet service providers (ISPs). Targeted interception of the content of internet communications is not regulated by these new laws, but only by older decrees which are still a bit unclear. The new laws are only about collection the metadata of internet communications."

EU: FRONTEX: Report on implementing the 2014 rules on surveillance of external sea borders

"The report comprises three parts.

The first, describing the amendments introduced to the governing procedural documents related to the Joint Operations, the Operational Plans.

The second part, a description of the procedures set forth by Frontex to implement the Regulation during sea operations and information on its application, including detailed information on compliance with Fundamental Rights, and any incidents which may have taken place.

In this second part, the report analyses the implementation of the Regulation by joint operations starting with the issue of disembarkation in third countries, followed by the procedures put in place to address the special needs of certain categories of persons and of persons in need of international protection. The report then assesses communication and cooperation channels.

The third part contains the assessment of the implementation of the Regulation during the first year and evaluates the need for further developing the measures adopted so far."

Operations covered by the report: EPN (European Patrols Network) Hermes 2014, EPN Triton 2014 (the successor to the Italian navy's Mare Nostrum operation), Poseidon Sea 2014, JO (Joint Operation) EPN Indalo 2014, JO EPN Hera 2014.

See: Annual Report on the implementation of EU Regulation 656/2014 of the European Parliament and of the Council of 15 May 2014 establishing rules for the surveillance of the external sea borders (pdf). See: the text of the Regulation (pdf) and an analysis of the new rules at the time they were agreed: Steve Peers, New EU rules on maritime surveillance: will they stop the deaths and push-backs in the Mediterranean?, February 2014 (pdf)

UK: Parliamentary Office of Science and Technology: new briefing paper on digital forensics and crime

"Digital forensic science is the process of obtaining, analysing and using digital evidence in investigations or criminal proceedings. Digital evidence ranges from images of child sexual exploitation to the location of a mobile phone. This note looks at how evidence is obtained, legislation and regulation, and efforts to address challenges faced by practitioners."

See: POSTNOTE: Digital Forensics and Crime (pdf)

EU Internet Forum against terrorist content and hate speech online: Document pool (EDRi, link): "Since last year, we have been reporting on the “EU Internet Forum” set up by the European Commission to fight terrorism and hate speech online. In reality, the IT-Forum gathers two initiatives: one run by the Home Affairs Directorate General of the European Commission, on “terrorism”; and one run by the Justice and Consumers Directorate General, on “hate speech” (sometimes illegal “hate speech”, sometimes non-specific “hate speech”).

Since the initial meetings of both initiatives took place behind closed doors and the meetings of the terrorism part still do, we have also been busy trying to get information on the nature of the discussions and participants involved. This document pool gives you an overview of the activities of the EU Internet Forum and a list of documents we received upon request from the European Commission."

Inspectors: Refugees held in “wholly unacceptable” conditions in freight shed (Free Movement, link): "An unannounced inspection of short term detention facilities for refugees and migrants crossing the Channel into the UK has revealed that hundreds, including many children, have been held in “wholly unacceptable” and insanitary conditions. Many were held in a disused freight shed and forced to sleep on concrete floors, with no food, drink or clothing provided.

The increase in numbers making the crossing to the UK in the summer of 2015 was found to have “overwhelmed” the Home Office and contractors but the emergency arrangements were still in place several months later, when the inspection took place. The increase in arrivals over the summer was predictable and the report questions why no adequate plans were put in place."

See the report: HM Chief Inspector of Prisons: Longport freight shed, Dover Seaport and Frontier House (pdf)

Refugee crisis: latest news and documents (10.3.16)

EU: New "Group of Personalities" (GoP) advance need for "military research" in EU following the "security research" initiative:

Report of the Group of Personalities on the Preparatory Action for CSDP-related research: EUROPEAN DEFENCE RESEARCH: The case for an EU-funded defence R&T programme (5 MB, pdf)

"Europe’s capacity to provide for its own security depends on our ability to continuously innovate to ensure technological leadership and be a credible partner to our allies. The recent dramatic falls in investment in R&T risk undermining our efforts to support the sector and our broader defence and security goals....

This work on research in defence is part of a broader policy goal to strengthen European defence cooperation. To that effect, the Commission will present an Action Plan on defence this year."

Members of the GoP: High-level group of personalities on defence research (pdf) Not an NGO/civil society in sight.

See: EU DEFENCE UNION: Yet another elite "Group of Personalities" set up: Bienkowska launches high-level defence research group (Statewatch database) and EU: Commission proposes military research programme (Statewatch database)

And:Statewatch publications: Security research initiative: Neoconopticon: the EU security-industrial complex (pdf) by Ben Hayes and Arming Big Brother: the EU's Security Research Programme by Ben Hayes.

German Bundeswehr to gain combat drones (link):

"For the interim period, an Israeli model is to be leased; over the next ten years, European arms companies are to develop a competitive “Euro-drone”

The German Bundeswehr has now selected a model of combat drone for future use. It plans to lease “three to five” of the latest “TP” version (Block 2) of the Heron family of drones, developed by Israel Aerospace Industries. The prime contractor for the leasing arrangement is the Airbus Group, which entered into a teaming agreement with the Israeli manufacturer on marketing in Europe."

UK: IP BILL: Why are the intelligence agencies revealing their spying techniques? (Guardian, link) "Now that the security services are allowed to record us through our phones, privacy has become impossible – unless we renounce modern telecoms....And is it a good idea to take a chainsaw to your computer or incinerate your iPhone? Certainly, if you have something illegal to hide – although doing so will inevitably limit your ability to commit more crimes. For the rest of us, it all depends on whether we value our personal privacy more highly than the convenience of using modern communications – and whether we think the agencies are on our side." and Snooper's charter: wider police powers to hack phones and access web history (Guardian, link): "Latest version of investigatory powers bill will allow police to hack people’s computers and view browsing history."

See:
Equipment Interference: DRAFT Code of Practice [Spring] 2016 (pdf)

And Statewatch: Remote access to computers: Is it time to go back to the typewriter, carbon paper and Tippex? (March 2015) by Tony Bunyan and EU agrees rules for remote computer access by police forces (September 2009) by Tony Bunyan

Better lawmaking? Only if it is in the people’s interest (euractiv, link): "It is in the public interest to have a well-functioning legislative and regulatory body that is appropriate for the context. However, it raises many questions about the objectives being pursued, writes Reine-Claude Mader. Reine-Claude Mader is a member of the European Economic and Social Committee (EESC).

Businesses complain about the so-called “gold-plating”, which they define as overregulation and excessive standards due to the transposition of legislation into national law by the member states. They believe that it raises their costs, whilst the European Commission believes that these additions interfere with European policy.

The concerns are such that 50 civil society organisations, including trade unions, environmental groups and the BEUC, have launched a monitoring network to ensure that private interests do not take precedence over the public interest. They point to the possible risks for the future of social, environmental and wage standards, consumer protection, financial regulation and public health."

UN: Joint report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association and the Special Rapporteur on extrajudicial, summary or arbitrary executions on the proper management of assemblies (pdf)

See: UN experts provide a roadmap to avoid human rights violations during protests (link): "GENEVA – Two United Nations human rights experts presented today a new report to the UN Human Rights Council offering extensive recommendations to States and police forces around the world on how best to manage public gatherings." And: Factsheet: Recommendations on managing assemblies (pdf)

Refugee crisis: latest news from across Europe (9.3.16)

UNDERCOVER POLICING: Battle over secrecy at Pitchford Inquiry; campaigner confronts police spy who deceived her

As the Pitchford Inquiry into the practice of undercover police in England and Wales approaches, the police are hoping to have the possibility to submit secret evidence, and to continue to use the "neither confirm nor deny" response to crucial questions on their practices and activities.

On the other side of the globe, a campaigner has tracked down a former undercover officer, John Dines, who deceived her into a two-year relationship. Dines is now teaching police in Sydney, on a course that involves the topics "human rights" and "gender sensitivity". A New South Wales politician has stated that: "It is offensive in the extreme that John Dines can be involved in teaching these matters to police in this State."

What’s the Pitchford Hearing About? (Campaign Opposing Police Surveillance, link): "How much of the public inquiry into undercover policing will be held in secret? How much of the police’s information will be revealed?"

EU: Justice and Home Affairs Council, 10-11 March 2016, Brussels: Background Note (pdf): Includes: "On Thursday, Home Affairs ministers will take note of a progress report on the proposal for a European border and coast guard and will also discuss the current situation concerning migration."

International Network of Civil Liberties Organizations (INCLO) Launch Report on Crowd Control Weapons (ICCL, link): "Over the past number of years, law enforcement and security forces have increasingly turned to the use of crowd-control weapons (CCWs) to respond to popular protests. Today, the International Network of Civil Liberties Organizations (INCLO) and Physicians for Human Rights (PHR) release "Lethal in Disguise: The Health Consequences of Crowd-Control Weapons", a report documenting the health effects of these weapons. The report focuses on the dangers of so-called “less lethal weapons”, particularly when used to control or manage assemblies. It is unique in its format of linking medical literature and data on weapons’ health effects with case studies highlighting their human toll.

The report was launched at the United Nations in Geneva on the occasion of the presentation of a joint report on the proper management of assemblies, prepared by the Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai, and the Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns. The Special Rapporteurs’ report was presented to the 31st session of the Human Rights Council."

Full report: Lethal in Disguise: The Health Consequences of Crowd-Control Weapons (pdf)

EU: Enhancing and diluting the legal status of subsidiary protection beneficiaries under Union law – the CJEU judgment in Alo and Osso (EU Law Analysis, link):

"Is it in accordance with the Qualification Directive (QD) to restrict the freedom of movement within the host country of beneficiaries of subsidiary protection (a form of protection parallel to refugee status) in receipt of social security benefits? This question was addressed by the CJEU in its ruling of 1 March 2015 in the Alo and Osso case. The Court’s answer and its reasoning is equally interesting, groundbreaking and controversial as it, on the one hand, strengthens the impact of the Geneva Convention (the United Nations Convention on the Status of Refugees on the QD standards and the substantive content of subsidiary protection while it, on the other hand, creates uncertainty about the applicable non-discrimination standard in such cases."

EU: MEPs refuse to vote on PNR before Council strengthens data protection (euractiv, link): "A joint initiative of the conservative EPP and the ECR groups, the proposal to place the PNR on the agenda of the current plenary session was rejected by virtually all the other political families. They fear a vote on PNR may allow member states to abandon the personal data protection package they have promised as a counterweight to the new surveillance powers." and

MEPs at war over blocked PNR vote (Parliament Magazine, link): "Parliamentary groups accuse each other of playing 'dirty political games' after request to include PNR in plenary voting agenda denied."

EU-USA: While President Obama signs the Judicial Redress act, are the European Commission and the Parliament sharing the same Umbrella? (EASFJ, link):

"The European Commission is dealing with challenges on another EU-U.S. data sharing deal: the Parliament legal service and MEPs argued that the so-called Umbrella Agreement, which will be brought into being with the signature of the Judicial Redress Act, does not comply with EU law."

EU-USA: U.S.-EU Cooperation Against Terrorism (CRS, pdf):

"Congressional decisions related to data privacy, intelligence-gathering, border controls, visa policy, and transport security may affect how future U.S.-EU counterterrorism cooperation evolves. EU officials have welcomed passage of the Judicial Redress Act (P.L. 114-126) to provide EU citizens with a limited right of judicial redress for privacy violations in a law enforcement context, but they have expressed unease with some provisions in the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 (passed as part of P.L. 114-113 in the wake of the Paris attacks and heightened U.S. concerns about European citizens fighting with terrorist groups abroad).

Given the European Parliament’s growing influence in many of these policy areas, Members of Congress may be able to help shape the Parliament’s views and responses through ongoing contacts and the existing Transatlantic Legislators’ Dialogue (TLD)."

Refugee crisis: latest news from across Europe (7.3.16)

EU-TURKEY: Meeting of the EU Heads of State or Government (Brussels, 7 March 2016) - Draft statement (6 March 2016, SN26/16, pdf):

"Action is required along the following lines:

a) provide an immediate and effective response to the very difficult humanitarian situation which is rapidly developing on the ground...
b) provide further assistance to Greece in managing the external borders, including those with fYROM and Albania, and ensuring the proper functioning of hotspots, with 100% identification, registration and security checks, and the provision of sufficient reception capacities...
c) assist Greece in ensuring comprehensive, large scale and fast-track returns to Turkey of all irregular migrants not in need of international protection, building on the Greece-Turkey readmission agreement and, from 1 June, the EU-Turkey readmission agreement;
d) accelerate the implementation of relocation to alleviate the heavy burden that presently weighs
on Greece...
e) continue to cooperate closely with the non-EU countries of the Western Balkans and provide any necessary assistance...
f) implement the existing resettlement commitments and continue work on a credible voluntary humanitarian admission programme with Turkey...
g) take any necessary measures immediately in respect of any new routes opening up, and step up the fight against smugglers;
h) take forward, as a matter of priority, all the elements of the Commission roadmap on getting "back to Schengen", so as to end temporary internal border controls and re-establish the normal functioning of the Schengen area before the end of the year."

Afghanistan: EU shuts the door despite asylum recognition rates rising from 43% to 60%

EU policy on which refugees should be given international protection and relocation within the EU has changed numerous times since last year. In autumn 2015, the agreed policy was to recognise people coming from Syria, Iraq and Eritrea - based, then, on a 75% recognition rate in Eurostat statistics. This changed in practice in January to offering relocation to refugees from Syrai, Iraq and Afghanistan - countries where there are ongoing conflicts. Then in February, under pressure from Germany and Austria, Macedonia and Serbia only accepted refugees from Syria and Iraq - turning back those from Afghanistan. Yet EU institutions and Member States "are aware of the worsening security situation and threats to which people are exposed," as a leaked document from the European Commission and European External Action Service (EEAS) reveals.

See: Joint Commission-EEAS non-paper on enhancing cooperation on migration, mobility and readmission with Afghanistan - Country Fiche proposing possible leverages across Commission-EEAS policy areas to enhance returns and effectively implement readmission commitments (Doc no: 6738-16, 3 March 2016, pdf)

EU: Refugee crisis: NATO Secretary General welcomes expansion of NATO deployment in the Aegean Sea (NATO, link): " NATO took swift decisions to deploy ships to the Aegean Sea to support our Allies Greece and Turkey, as well as the EU's border agency FRONTEX, in their efforts to tackle the migrant and refugee crisis. NATO ships are already collecting information and conducting monitoring in the Aegean Sea. Their activity will now be expanded to take place also in territorial waters."

Some critical comments: NATO Expands Aegean Sea Migrant Patrols Into Turkish and Greek Territorial Waters – Rescued Migrants to Be Automatically Returned to Turkey (Migrants at Sea, link)

And see: Refugee crisis: latest news from across Europe (7.3.16)

EU: Proposed new counter-terrorism law: Joint NGO critique (pdf): "In this submission, Amnesty International, the International Commission of Jurists (ICJ), and the Open Society Justice Initiative (OSJI) and the Open Society European Policy Institute (OSEPI) analyse and offer recommendations on the European Commission’s December 2015 proposal for a Directive on Combating Terrorism and Replacing Council Framework Decision 2002/475/JHA on Combating Terrorism (“the proposed Directive”) in light of Member States’ obligations under international law, in particular international human rights law...

This submission seeks to specifically address:

EU: Council questioned over CIA rendition programme

The European Parliament's civil liberties committee (LIBE) has submitted a number of questions to the Council of the EU over its work in relation to the CIA rendition programme. The committee is seeking answers on, amongst other things:

The questions were tabled on 2 March. The Council is yet to respond.

See: Question for oral answer to the Council submitted by Claude Moraes, on behalf of the committee on Civil Liberties, Justice and Home Affairs: Follow-up to the resolution of Parliament of 11 February 2015 on the US Senate report on the use of torture by the CIA (2014/2997(RSP)) (pdf) and on the European Parliament website (link).

UK: Shortage of asylum seeker accommodation and "appalling" prejudice, says report (parliament.uk): "The Commons Home Affairs Committee says the red doors and wrist bands scandals leave major questions to be answered about the running of the COMPASS contract providing asylum support services. It says delivery of the contract has been mostly unsatisfactory to date, with these episodes highlighting flaws in accountability and oversight of the contracts, and a failure to ensure that the way asylum seekers are treated and housed meets basic standards.

The Committee also warns of an impending shortage of asylum seeker accommodation and a lack of fair and equal dispersal throughout the country."

The report: House of Commons Home Affairs Committee: The work of the Immigration Directorates (Q3 2015) (pdf)

UK: Government report: The process for withdrawing from the European Union (pdf): "This document sets out the process that would follow a vote to leave the European Union, and the prospects for negotiations. Alternative models for the UK’s relationship with the EU after exit will be examined in a second document."

Refugee crisis: latest news from across Europe (News and lots of key documents: 3-4.3.16)

Council of the European Union: C-T Directive, Checks at borders, Border Guards and Vienna Declaration

- Counter Terrorism Directive: Proposal for a Directive of the European Parliament and of the Council on combating terrorism and replacing Council Framework Decision 2002/475/JHA on combating terrorism [First reading] - General approach (6655-16, pdf):

"The Council is invited to reach a general approach on the text, as set out in the Annex, which will constitute the basis for future negotiations with the European Parliament in the context of the ordinary legislative procedure. Changes compared to the Commission proposal are marked in bold."

- EU Counter-Terrorism Coordinator: State of play on implementation of the statement of the Members of the European Council of 12 February 2015, the JHA Council Conclusions of 20 November 2015, and the Conclusions of the European Council of 18 December 2015 (LIMITE doc no: 6450-16, pdf):

"information sharing still does not reflect the threat: while there are now five times more person entities in Europol's Focal Point Travellers database compared with last year, the analysis file still contains only 2,786 verified foreign terrorist fighters (FTF) entered by EU Member States.

The European Information System (EIS) contains only 1,473 FTF entered by Member States. This despite well-founded estimates that around 5,000 EU citizens have travelled to Syria and Iraq to join DAESH and other extremist groups. It should also be noted that more than 90% of the contributions by Member States regarding verified FTFs in FP Travellers in 2015 originate from just 5 Member States."

- Checks at external borders: Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 562/2006 as regards the reinforcement of checks against relevant databases at external borders - General approach (6673-16, pdf):

"The changes vis-à-vis the Commission proposal are highlighted in underline."

- EU Border Guards: Proposal for a Regulation of the European Parliament and of the Council on the European Border and Coast Guard and repealing Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 and Council Decision 2005/267/EC (LIMITE doc no: 6746-16, dated 3 March 2016, pdf): "It is noted that the new (vis-à-vis doc. 6483/16) proposed changes are highlighted in bold, underline and strikethrough."

- EU Border Guards: As above 6483-16 (LIMITE doc, pdf):

"The most recent compromise suggestions reflecting the discussions so far on these provisions and the relevant contributions by delegations are highlighted in bold/underline/strikethrough; the compromise suggestions which had been submitted by the Presidency in previous discussions are marked with underline."

- EU Border Guards: As above: 6359-REV-1-16 (pdf):

"the Presidency believes that the compromise text included in the Annex and in 6283/16 and 6330/16 has a sufficient degree of support by delegations. It invites the Committee to confirm this with a view to preparing the upcoming negotiations with the European Parliament on this file."

- Declaration agreed by Croatia, Slovenia and Austria: Conference "Managing Migration Together", Vienna, 24 February 2016 (6481-16, pdf)

EU-PNR: MEP vote on EU passenger record delayed (euobserver, link): "MEPs delayed a vote to adopt the EU passenger names record (PNR). The bill was set for adoption next week but left-wing parties opposed putting the the vote on the agenda. EU PNR will sweep up personal details of commercial airline passengers in an effort to fight terrorism and crime."

European Parliament: Report on the proposal for a directive of the European Parliament and of the Council on procedural safeguards for children suspected or accused in criminal proceedings: Committee on Civil Liberties, Justice and Home Affairs Rapporteur: Caterina Chinnici (pdf)

EU-USA: NSA can still spy under new ‘Privacy Shield’ agreement with Europe (Yahoo News, link):

"The new Privacy Shield was published in full a few days ago, showing the principles that would govern the exchange of digital information between EU consumers and U.S. companies. However, the new agreement also has provisions that explain how and when the NSA can continue bulk data collection in the region."

Refugee crisis: latest news from across Europe (2.3.16)

UK: Stephen Lawrence: former police officer avoids charges over alleged spying (The Guardian, link): "A former senior police officer has avoided disciplinary charges over an alleged plot to spy on the family of murdered teenager Stephen Lawrence.

Former commander Richard Walton retired in January from his post as the head of the Metropolitan police’s counter-terrorism command.

On Wednesday, the Independent Police Complaints Commission announced that its two-year investigation had found that Walton and another retired officer, Bob Lambert, would have had a case to answer for misconduct if they had still been employed by the police."

See: IPCC publishes investigation report about meeting with undercover officer (IPCC, link) and the report: Ellison Review - Walton, Lambert, Black: An investigation into the circumstances surrounding a meeting between A/Detective Inspector Richard Walton and an undercover officer on 14 August 1998 (pdf). Previous IPCC report: IPCC independent investigation into complaints following "The Boys Who Killed Stephen Lawrence" (pdf)

And: Richard Walton dodging questions and keeping his pension (Undercover Research Group, link)

Refugee crisis: latest news from across Europe (1.3.16)

EU-USA: Restoring "trust" in transatlantic data flows

Restoring trust in transatlantic data flows through strong safeguards: European Commission presents EU-U.S. Privacy Shield (press release, pdf): "The European Commission today issued the legal texts that will put in place the EU-U.S. Privacy Shield and a Communication summarising the actions taken over the last years to restore trust in transatlantic data flows since the 2013 surveillance revelations. In line with President Juncker's political guidelines, the Commission has (i) finalised the reform of EU Data protection rules, which apply to all companies providing services on the EU market, (ii) negotiated the EU-U.S. Umbrella Agreement ensuring high data protection standards for data transfers across the Atlantic for law enforcement purposes, and (iii) achieved a renewed sound framework for commercial data exchange: the EU-U.S. Privacy Shield."

Commission Communication: Transatlantic Data Flows: Restoring Trust through Strong Safeguards (COM(2016) 117 final, pdf)

UK: Police 'used sexualised violence against fracking protesters' (The Guardian, link): "Police at the Barton Moss anti-fracking camp near Manchester used “sexualised violence” to target female protesters, it is alleged.

Protesters told academics from York and Liverpool John Moores universities that officers groped and pressed their groins up against women as they cleared demonstrations against test drilling at the site.

They are now calling for a public inquiry to investigate the relationship between police and the fracking firm IGas, the proportionality of police tactics and the use of bail to restrict the right to protest."

The report: Keep moving! Report on the policing of the Barton Moss community protection camp, November 2013-April 2014 (pdf) and a summary: New report recommends public inquiry into policing of Barton Moss protest (Netpol, link)

UK: Chief Inspector of Borders and Immigration criticises Home Office complaint handling (Free Movement, link): "The Chief Inspector of Borders and Immigration, David Bolt, has published a new report which is highly critical of Home Office complaint handling. The findings echo those of the Parliamentary and Health Service Ombudsman from November 2015.

(...) In one example, an asylum claimant complained through their lawyer that a Home Office asylum interviewer had laughed when he had described being tortured. This complaint was recorded and a letter was sent to the complainant saying it would be investigated. The very same day the complaint was recorded as “unsubstantiated” and also recorded as closed. There was no evidence the complaint had been investigated."

See: Independent Chief Inspector of Borders and Immigration: An Inspection of the Handling of Complaints and MPs' Correspondence, July-September 2015 (pdf) and: Government response (pdf)

UK: IMMIGRATION DETENTION: The new Chief Inspector calls for a time limit on detention – Harmondsworth inspection report (The Detention Forum, link): "The latest report by the Prison Watchdog published today reveals that the UK had let its largest immigration detention centre, Harmondsworth, deteriorate to an “unacceptable” level, with some parts “among the worst in the detention estate”, while continuing to incarcerate migrants without a time limit for an administrative purpose.

The Chief Inspector of Prisons found that 18 men had been held at Harmondsworth Immigration Removal Centre, over a year, including one man detained for a total of five years, amidst the increase level of vulnerability among the detained population with 50% of them stating that they were depressed or suicidal."

The report: HM Chief Inspector of Prisons: Report on an unannounced inspection of Heathrow Immigration Removal Centre - Harmondsworth Site (pdf)

UK: Freedom of Information changes scrapped (Reprieve, link): "The government has stepped back from proposals to amend the Freedom of Information (FOI) Act, after the commission set up to examine FOI found that it is “working well.”

In its report, published today, the cross-party Commission on Freedom of Information found that there is “no evidence” in favour of changing the Act substantially. In some areas, the commission said, “the right of access should be increased.” In a written statement published today, the government said that it agreed with several of the commission’s key recommendations, and that it would “carefully consider” others."

See: Independent Commission on Freedom of Information: Report (pdf) and the government's written statement to Parliament: Open and transparent government (pdf): "The Commission makes 21 specific recommendations. It notes that whilst some of its recommendations require legislation, other improvements can be made without legislative change. The government’s views on some of the most salient recommendations are as follows.."

European Parliament Study: Female refugees and asylum seekers: the issue of integration (pdf):

"Upon request by the FEMM Committee, the study presents an overview of the most important issues faced by refugees and asylum seeking women in their host country regarding access to appropriate housing, including privacy and shelter in case of domestic violence, training and language courses, the labour market, and the health systems, including psychological support and trauma healing. A summary of international standards and of applicable European laws, as well as details on available funding from the European level are provided. International promising projects illustrate the way forward."

And: International Women’s Day: providing support for women refugees (Press release, pdf)

Also: Report: the proposal for a directive of the European Parliament and of the Council on procedural safeguards for children suspected or accused in criminal proceedings (COM(2013)0822 – C7-0428/2013 – 2013/0408(COD)) Committee on Civil Liberties, Justice and Home Affairs Rapporteur: Caterina Chinnici (pdf)

Greece: Council of Europe: Council of Europe anti-torture Committee publishes report on Greece (link):

"The CPT’s findings from the 2015 visit illustrate once again the widespread and deep-rooted problem of police ill-treatment in Greece and the report makes specific reference to the excessive use of force employed by the Delta motorcycle police unit in Athens. The CPT urges the authorities to fully acknowledge the phenomenon of police ill-treatment and calls for a comprehensive strategy and determined action to address it. The findings detailed in the report also demonstrate that the current system of investigations into allegations of ill-treatment by law enforcement officials is characterised by a number of systemic failings by the police and judicial authorities. The result is that investigations often remain ineffective and the report is notably critical of the lack of action taken by prosecutorial authorities. Further, there has been no progress as regards the practical implementation of formal safeguards against ill-treatment, notably the rights of notification of custody, access to a lawyer and access to a doctor as from the very outset of deprivation of liberty.

In their response, the Greek authorities refer to their zero tolerance policy towards human rights violations. However, no concrete information is provided regarding the effectiveness of investigations into police ill-treatment allegations."

And see: Report to the Greek Government on the visit to Greece carried out by the European Committee for the Prevention of Torture and Inhuman for Degrading Treatment or Punishment (CPT) from 14 to 23 April 2015 (pdf) and Greek government response (pdf)

Council of Europe: Human Rights: France: Anti-racism commission concerned at rise of hate speech and violence motivated by intolerance (link):

"Secretary General Thorbjørn Jagland has endorsed a new report on France which reveals a rise in hate speech and racist violence.

“I commend the significant efforts made by the French authorities to combat racism and intolerance,” Jagland said on the publication today of the European Commission against Racism and Intolerance (ECRI) report.

“However, hate speech, which has become commonplace in the public sphere, remains a matter of concern. I call on political leaders in particular to refrain from making comments which stigmatise already vulnerable groups and fuel tensions in French society.”

The ECRI report reveals alarm at the rise of hate speech and the increase in racist, antisemitic and islamophobic violence."

See: ECRI REPORT ON FRANCE: (fifth monitoring cycle) (pdf)

Bulk collection still allowed under EU-US data 'shield' (euobserver, link): "the Brussels executive warned it would not hesitate to suspend the self-certification pact should the current or next US administration fail to adhere to the new rules under the so-called EU-US Privacy Shield.

"We will suspend and we mean it," an EU official told reporters in Brussels. Austrian privacy campaigner Max Schrems, whose court case against Facebook helped shape Privacy Shield, said the latest agreement contained only minor improvements. He noted the US still had wide bulk collection data powers despite US reforms

This includes, according to the US government, "countering certain activities of foreign powers; counterterrorism; counter-proliferation; cybersecurity; detecting and countering threats to US or allied armed forces; and combating transnational criminal threats, including sanctions evasion."

February 2016

Refugee crisis: latest news from across Europe (29.2.16)

Council of Europe: Parliamentary Assembly: As ten-year torture inquiry ends, Council of Europe states give final responses on CIA ‘secret prisons’ (link):

"Pedro Agramunt, the President of the Parliamentary Assembly of the Council of Europe (PACE), has welcomed a third and final round of responses from the governments of Council of Europe member States to questions on their possible involvement in illegal CIA detentions in Europe or “rendition flights” through European airspace in the years after the 9/11 terrorist attack.

Seven states – Austria, Denmark, Germany, Lithuania, Poland, Romania and the UK – provided additional information to the inquiry, prior to its closure earlier this month by Council of Europe Secretary General Thorbjørn Jagland, information which is made public today. The inquiry was begun in 2005 by Mr Jagland’s predecessor, using powers under the European Convention on Human Rights, which explicitly prohibits torture."

Timeline: the Council of Europe's investigation into CIA secret prisons in Europe (link) and Third round of responses (Pdf) also: 2nd round responses by country (link) and 1st round responses (link)

Greek islands faced with a ‘creepy’ humanitarian crisis (euractiv, link): "The non-implementation of the decisions made at the latest EU summit has led the refugee crisis-hit Greek islands to an unprecedented situation.

[In Leros] “Due to the lack of large morgues on the island, many corpses [of immigrants] were placed in ice cream freezers,” the source stressed, adding:

“When in one week you have to manage a big number of corpses what are you doing? We are trying to handle the situation but we lack equipment […] the assistance from the European Civil Protection Mechanism is poor,” [a source] underlined."

N IRELAND: Belfast man seeks legal ruling to halt alleged MI5 approaches (Irish Tims, link):

"Christopher Catney claims he is being harassed by British security services. Christopher Catney has instructed his lawyer to explore seeking a High Court injunction amid claims he is being harassed by the security services....

.In a statement prepared as an initial stage in the legal process, Mr Catney claimed he has come under increased attention from MI5 and the PSNI. He alleged that officers called at his ex-partner’s home looking for him, and that unmarked cars followed his taxi.

The level of attention increased following an approach by MI5 agents while on holiday last November, according to his account. "

Refugee crisis: latest news from across Europe (27-28.2.16)

UK: Investigatory Powers Bill: Theresa May accused of rushing snoopers' charter into law to avoid scrutiny (Independent, link):

"Bill would give government unmatched rights to invade privacy. Theresa May has been accused of trying to rush through controversial new surveillance laws before the EU referendum campaign, after it emerged that a new “snoopers’ charter” will be introduced in the Commons this week.

The Home Secretary’s draft Bill – giving spy agencies sweeping powers to monitor people’s web history – was attacked in a series of parliamentary reports earlier this month, sparking calls for it to be entirely rewritten.

A joint committee of MPs and peers has claimed that Mrs May’s proposed overhaul of spying laws was “flawed” and set out 86 proposed changes. However, Mrs May will formally bring forward the Government’s Investigatory Powers Bill on 1 March".

EU: Council of the European Union: Proposal for a Directive of the European Parliament and of the Council on combating terrorism and replacing Council Framework Decision 2002/475/JHA on combating terrorism - Examination of the revised text (LIMITE doc no: 6326-16, pdf): Pages 4-27 set out the amended draft of the Council's negotiating position: "Changes compared to the previous version of the text are marked in bold underlined..."

And see: Background: Directive on combating terrorism (SEMDOC, link)

Report: German intelligence spied on EU foreign minister Ashton (DW, link):

"Allegations emerged in the German media that the BND spy agency targeted Catherine Ashton, the former EU Foreign Minister. The news comes in the aftermath of the NSA scandal and the BND's assistance to US intelligence.

According to a German media report released on Saturday, the country's Federal Intelligence Service (BND) spied on the British politician Catherine Ashton during her time as the European Union's top diplomat.

The BND, wrote the "Spiegel" news outlet, collected information on Ashton beginning in 2009 and for several years onward.

The Briton was the first ever High Representative of the Union for Foreign Affairs and Security Policy, a position now held by the Italian Federica Mogherini. This position also made her Vice President of the European Commission."

Refugee crisis: latest news from across Europe (26.2.16)

MEP asks the Commission to clarify the legal position of NGOs and volunteers who give humanitarian assistance to refugees

Jean Lambert MEP (Green/EFA Group) has put down a written question to the European Commission concerning: Legal clarity for NGOs and volunteers providing humanitarian assistance (pdf):

"Particularly over the past year, NGOs and volunteers have been providing crucial assistance to asylum seekers and refugees to fill a void in a coordinated humanitarian response from Member State Governments and the EU.... The Greek Government has responded by setting up a committee to register, classify and co-ordinate the NGOs operating on Lesvos.

Could the Commission clarify the intentions behind its push for the increased coordination of NGOs and volunteers working on the ground as concerns have been raised about the appropriateness of the information required?

Given that current EU law does not provide legal certainly for NGOs and volunteers providing humanitarian assistance to those seeking protection in the EU, will the Commission clarify the legal situation in its upcoming review of Directive 2002/90/EC defining the facilitation of unauthorised entry, transit and residence?"

See also: Council proposals on migrant smuggling would criminalise humanitarian assistance by civil society, local people and volunteers - Greece: NGOs and volunteers have to "register" with the police and be vetted and: NGOs and volunteers helping refugees in Greece to be placed under state control

EU-USA: Why the Judicial Redress Act is worthless (papersplease.org, link): Edward Hasbrouck: "I've posted a detailed takedown of this law and why it should not be relied on as the basis for an adequacy finding, a new Safe Harbor or Privacy Shield, or the EU-US "umbrella agreement", Is the Judicial Redress Act really so historic? And will it actually “ensure that all EU citizens have the right to enforce data protection rights in U.S. courts”? Sadly, no.

Europeans should not be fooled by statements such as those from Commissioner Jourová or his counterparts in other EU institutions. As we know from our own experience in court as US citizens, there are almost no real-world cases in which the Judicial Redress Act will provide any actual protection or enforceable legal rights to citizens or residents of the EU, or anywhere else." [emphasis added]

Refugee crisis: latest news and documents from across Europe (25.2.16)

The Corporate Greed of Strangers (IRR, link): "John Grayson reveals the spread of corporate involvement in the provision of asylum housing in the UK and northern Europe, and how outsourcing and private companies are tarnishing northern Europe’s ‘welcome’ to refugees."

EU-USA: "UMBRELLA AGREEMENT" TO EXCHANGE PERSONAL DATA: European Commission: The signature of the Judicial Redress Act by President Obama is a historic achievement in our efforts to restore trust in transatlantic data flows, paving the way to the signature of the EU-US Data Protection Umbrella Agreement (pdf): "

"The entry into force of the Judicial Redress Act will pave the way for the signature of the EU-U.S. Data Protection Umbrella Agreement. This agreement will guarantee a high level of protection of all personal data..."

The Commission is oblivious to contrary views: EU-USA Data protection: EPIC: 'Judicial Redress Act' Provides Little Redress

"The Judicial Redress Act of 2015, which amends the Privacy Act of 1974, has been passed by Congress and moved on to the President for signature. The Act fails to extend Privacy Act protections to non-US citizens, and as adopted coerces EU countries to transfer data to the US.." and

European Parliament Legal Service: Legal opinion: EU-US Umbrella agreement concerning the protection of personal data and cooperation between law enforcement authorities in the EU and US (pdf)

EU: Council of the European Union: Justice and Home Affairs Council, 25 February 2015:"B" Points Agenda (for discussion,pdf) and Background Note (pdf):

Documents under discussion:

EU BORDER GUARD AGENCY: Council of the European Union: Proposal for a Regulation of the European Parliament and of the Council on the European Border and Coast Guard and repealing Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 and Council Decision 2005/267/EC - State of play (LIMITE doc no: 6309-16, pdf) and see: Re-draft (LIMITE doc no: 6319-16, pdf)

Proposal for a Regulation of the European Parliament and of the Council amending Regulation No 562/2006 (EC) as regards the reinforcement of checks against relevant databases at external borders (LIMITE doc on: 6310-16, pdf):

"It is noted that the changes vis-à-vis the Commission proposal in the attached text are demonstrated in underline. The text in relation to a possible derogation regarding air borders is put between square brackets for further consideration...

The compromise text set out in the Annex was at the JHA Counsellors meeting acceptable to a sufficient majority of delegations, with the exception of the possible derogation from systematic checks at air borders. Article 7(2d) of the text provides for such a derogation for air borders for a maximum period of three years. Several delegations were of the view that there should be no derogation possible for air borders, and that in any case three years was too long a period. Several other delegations continued to favour this derogation. The Presidency invites Coreper/Council to examine this last outstanding question with a view to the adoption of a general approach on the proposal at the February 2016 JHA Council." [emphasis added]

See previous docunments: LIMITE doc no: 6181-16 (pdf) and LIMITE doc no: 5808-16 (pdf) also Commission Proposal (pdf)

Refugee crisis: latest news from across Europe (24.2.16)

European Court of Human Rights: The CIA’s abduction and extrajudicial transfer to Egypt of the imam Abu Omar infringed the applicants’ rights under the Convention (Press release, 23.2.16, pdf):

"In today’s Chamber judgment1 in the case of Nasr and Ghali v. Italy (application no. 44883/09) the European Court of Human Rights held, unanimously, that there had been:– with regard to Mr Nasr
:
- violation of Article 3 (prohibition of torture and inhuman or degrading treatment) of the European Convention on Human Rights,
- a violation of Article 5 (right to liberty and security) of the European Convention,
- a violation of Article 8 (right to respect for private and family life) and a violation of Article 13 (right to an effective remedy) read in conjunction with Articles 3, 5 and 8
– with regard to Ms Ghali:
- violation of Article 3 (prohibition of torture and inhuman or degrading treatment),
- violation of Article 8 (right to respect for private and family life) and
- violation of Article 13 (right to an effective remedy) read in conjunction with Articles 3 and 8

The case concerned an instance of extrajudicial transfer (or “extraordinary rendition”), namely the abduction by CIA agents, with the cooperation of Italian officials, of the Egyptian imam Abu Omar, who had been granted political asylum in Italy, and his subsequent transfer to Egypt, where he was held in secret for several months."

See: Judgment (pdf)

European Court of Human Rights: Khlaifia and Others v. Italy (application no. 16483/12) (pdf):

"The following case has been referred to the Grand Chamber of the European Court of Human Rights. Khlaifia and Others v. Italy (application no. 16483/12): which concerns the detention in a reception centre on Lampedusa and subsequently on ships moored in Palermo harbour, as well as the return to Tunisia, of clandestine migrants who had landed on the Italian coast in 2011 during the events linked to the “Arab Spring”......

In its Chamber judgment of 1 September 2015, the European Court of Human Rights held, unanimously, that there had been a violation of Article 5 §§ 1, 2 and 4 of the Convention, finding that the applicants had been deprived of their liberty without a sufficient legal basis, that they had not been duly informed of the reasons for the measure, and that they had been unable to challenge it."

Amnesty International: EU and member states must work to end unprecedented assault on human rights at home and abroad (link)

"The European Union (EU) must act now to prevent a wholesale assault on human rights and basic freedoms both within its borders and across the globe, said Amnesty International as it launched its annual assessment on human rights around the world.

Amnesty International’s Annual Report 2015-2016 warns of an insidious and creeping global trend undermining human rights as European and world governments deliberately underfund or neglect institutions set up to protect them, break or ignore international law and target and attack activists, lawyers and others who work to defend people’s basic freedoms."

EU: Hollande in favour of expelling member states with right-wing governments (euractiv, link): "French President François Hollande has spoken about the possibility of member states being expelled from the European Union if right-wing governments come to power... “A country can be suspended from the European Union,” Hollande told France Inter radio, as “Europe has legal tools, through articles in treaties, to prevent a country from violating democratic principles,” he added."

Refugee crisis: latest news from across Europe (23.2.16)

USA: NSA Targets World Leaders for US Geopolitical Interests (Wikileaks, link)

"Today, 23 February 2016 at 00:00 GMT, WikiLeaks publishes highly classified documents showing that the NSA bugged meetings between UN Secretary General Ban Ki-Moon's and German Chancellor Angela Merkel, between Israel prime minister Netanyahu and Italian prime minister Berlusconi, between key EU and Japanese trade ministers discussing their secret trade red-lines at WTO negotiations, as well as details of a private meeting between then French president Nicolas Sarkozy, Merkel and Berlusconi.

The documents also reveal the content of the meetings from Ban Ki Moon's strategising with Merkel over climate change, to Netanyahu's begging Berlusconi to help him deal with Obama, to Sarkozy telling Berlusconi that the Italian banking system would soon "pop like a cork".

Some documents are classified TOP-SECRET / COMINT-GAMMA and are the most highly classified documents ever published by a media organization."

See: WikiLeaks: US spied on Merkel, Ban Ki-moon (euobserver, link): "Whistleblower site WikiLeaks has published new evidence that the US spied on EU leaders in trade talks, climate talks, and on Israel. The five secret US documents published on Tuesday (23 February) indicate that the National Security Agency (NSA) tapped 13 phone lines between 2006 and 2011 linked to government officials and offices in Austria, Belgium, France, Italy and Switzerland."

UK: UNDERCOVER POLICING: Police to request secrecy for parts of undercover officers inquiry (The Guardian, link): "Police are to apply for sweeping legal orders to have large parts of a judge-led public inquiry into the controversial conduct of undercover officers held in private.

The Metropolitan police are arguing that significant portions of the inquiry must sit in secret in order to protect the undercover officers who have infiltrated hundreds of political groups since 1968."

See: Metropolitan Police: Submissions on restriction orders (pdf): "These are the submissions of the Metropolitan Police Service (MPS) on the applicable legal principles for the making of restriction orders under section 19 of the Inquiries Act 2005"

Austrian restrictions trigger domino effect across Balkan refugee route (EurActiv, link): "Afghan asylum seekers seeking to travel through the Balkans to northern Europe were barred from entering Macedonia yesterday (21 February), after Austria introduced a similar restriction, creating a domino effect along the so-called Balkan migrant route.

“We were warned this morning that Macedonian authorities would no longer let Afghans pass,” a Greek police official told AFP, adding that Macedonia justified its move by claiming that Serbia had made a similar decision.

The development came after Austria on Friday (19 February) introduced a daily limit on refugees entering and registering in the country, triggering EU fears of a domino effect along the so-called Balkan ‘migrant’ route.

Report from ECRE: Over 200 refugees, including SIA, rejected on the Slovenian border (ECRE, link): "In the early hours of Wednesday 17 February, 217 asylum seekers were returned from Slovenia, through Croatia and finally to Serbia. The group, as stated by UNHCR Serbia, includes a significant number of refugees from Afghanistan, Iraq and Syria (SIA), were rejected on the Slovenian border after “failing” the nationality test."

And: Austria plans Western Balkan meeting on migrant caps (EUobserver, link): "Austria is asking Western Balkan nations and Bulgaria to meet to discuss the migrant crisis, ahead of a gathering of EU interior ministers in Brussels."

There are already agreements between the EU and Western Balkans countries on a common approach to the refugee crisis. The most recent update on implementing the agreements was issued by the European Commission on 10 February. See: Follow up to Western Balkans Leaders' Meeting - State of Play report (pdf)

And see: Refugee crisis: latest news from across Europe (22.2.16)

EU: Europol launches European Migrant Smuggling Centre

"Dimitris Avramopoulos, Commissioner for Migration, Home Affairs and Citizenship, will launch today Europol's new European Migrant Smuggling Centre (EMSC) in The Hague. The EMSC, as envisioned in the European Agenda on Migration in May 2015 and called for by the Council of Justice and Home Affairs Ministers in November 2015, will proactively support EU Member States in dismantling criminal networks involved in organised migrant smuggling. The Centre will focus on areas with high levels of criminal activity, and will build a better capability across the European Union to fight people smuggling networks. Ahead of the launch, Commissioner Avramopoulos said: "The fight against migrant smuggling is a key priority for the European Union in addressing the refugee crisis. In order to step up and coordinate efforts across Member States, the European Commission announced the creation of a European Migrant Smuggling Centre within Europol in its European Agenda on Migration. The launch of this Centre will reinforce cooperation with Member States, international organisations, national stakeholders and European agencies, with a responsibility to fight migrant smuggling." The EMSC will help implement the EU's Action Plan against migrant smuggling presented in May 2015. By the end of 2016, the Commission will present proposals to improve the existing EU legal framework to tackle migrant smuggling." Source: European Commission - Daily News 22/02/2016 (link)

And see: Europol launches the European Migrant Smuggling Centre (press release, pdf): "In March 2015 Europol launched the Joint Operational Team Mare (JOT MARE). JOT MARE, hosted at Europol’s headquarters, is a specialised team of experts whose aim is to combat people smuggling via the Mediterranean and their subsequent secondary movements to destination countries. The strengthening of JOT Mare, making it an essential part of the new EMSC, and the upgrading of all of Europol activities in this field, underpin the creation of the new European Migrant Smuggling Centre. It also builds on Europol’s work over the last ten years or more in combating organised migrant smuggling in Europe, during which almost 40,000 suspected smugglers have been identified and 1,551 cross-border investigations have been supported in 2015 alone."

And see: Refugee crisis: latest news from across Europe (22.2.16)

Press Release: Rights must not be abandoned in trade negotiations (EDRi, link): "Internet users are not being properly involved or even heard by trade negotiators. This has to change.

European Digital Rights (EDRi) has joined forces with an international coalition of experts, scholars, groups representing Internet users, consumers and businesses to make this change happen. We are calling for reform of trade negotiations in order to protect the Internet and digital rights at a global level.

Today, we issue the “Brussels Declaration on Trade and the Internet”. The Declaration makes six specific recommendations for States and Regions participating in global trade agreements. These include regular releases of draft proposals, meaningful public participation and engagement with the public, experts and organisations fighting for Internet users and consumers’ human rights and fundamental freedoms online."

See: Brussels Declaration on Trade and the Internet (pdf)

The twelfth round of negotiations on TTIP is taking place this week: TTIP – 12th round of talks, 22-26 February (European Commission, link).

And see: The zombie ISDS (TNI, link): "The analysis in this report shows that the proposed ICS [Investment Court System] does not put an end to ISDS. Quite the opposite, it would empower thousands of companies to circumvent national legal systems and sue governments in parallel tribunals if laws and regulations undercut their ability to make money. It would pave the way for billions in taxpayer money being paid out to big business. It could curtail desirable policymaking to protect people and the planet. And it threatens to lock EU member states forever into the injustices of the ISDS regime.

In a nutshell, the proposed ‘new’ ICS is ISDS back from the dead. It’s the zombie ISDS."

EU: European Parliament study: The interpretation of Article 51 of the EU Charter of Fundamental Rights: the dilemma of stricter or broader application of the Charter to national measures (pdf):

"This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Petitions, considers the dilemma of a broad or narrow application of the Charter of Fundamental Rights (CFR) to national measures. It considers the way the Court of Justice of the EU (CJ EU) has been interpreting fundamental rights inn relation to such measures before and after the Lisbon Treaty and the constitutionalisation of the Charter: currently the CJ EU applies a varied interpretation of the CFR, on the basis of a narrow approach to its applicability to Member States' measures implementing EU law. As a consequence, the Commission’s strict approach in relation to a selection of petitions received by the Committee on Petitions raising issues of alleged CFR violations seems justified in the light of the existing law and CJ EU jurisprudence. The analysis, after examining the considerations that militate in favour and against a narrow interpretation of the Charter and of its Article 51, concludes that a more courageous approach should be taken at EU level when examining national implementing measures of EU law raising fundamental rights issues, notably until these are not evenly and properly guaranteed across the EU."

EU court hearing on right to surf the internet anonymously

Is there a right to surf the Internet anonymously? Europe's top court is to rule on whether website operators such as Google or Facebook may record which information Internet users read, post or search on the web or whether citizens have a right to use the Internet anonymously. Thursday [25 February] the EU Court of Justice (ECJ) will hear the case of German pirate party politician and privacy activist Patrick Breyer who is suing the German government over logging all visits to government websites (Case C-582/14).

See: Pleas in law and main arguments (pdf)

SWEDEN: Sweden’s compliance with the International Covenant on Civil and Political Rights (ICCPR) - Joint NGO submission for the UN Human Rights Committee’s review of Sweden during its 116th session, 7-31 March 2016 (pdf): "The situation for civil and political rights in Sweden is generally good in comparison with many other countries. There are, for example, oversight mechanisms to safeguard the freedom of opinion, assembly, speech and religion, as well as protection for due process and legal certainty. At the same time there are significant human rights concerns in Sweden, in particular in regard to the rights protection for minority populations and other vulnerable groups. This report aims at pointing the Committee’s attention to some of these concerns. The report does not claim to be exhaustive. As such, Civil Rights Defenders and the undersigned organizations (the signatory organizations) do not contend that the issues addressed below describe all human rights concerns under the Covenant in Sweden. The issues addressed in this report have been selected because these are areas where the signatory organizations possess specific expertise"

Greece: NGOs and volunteers helping refugees in Greece to be placed under state control

- only in the Soviet Union and under the STASI in East Germany were NGOs expected to hand over lists and personal details of all their members/volunteers
-
"In particular there should be no attempts by public authorities to make NGOs effectively agencies working under their control.."
(Council of Europe)

The General Secretariat of Aegean and Island Coordinating Committee have finally produced two forms that all NGOs working on the Greek islands to help refugees will have to complete and register with the police in order to carry on their work. NGOs and volunteers have been helping arriving refugees for more than a year - when for most of the time the EU and international agencies were conspicuously absent.

Tony Bunyan, Statewatch Director, comments:

"There is no better example of the crucial role of independent NGOs and volunteers than in the Greek islands over the last year and for long before that.

Now the Greek state at the behest of the EU is seeking to get all volunteers to "register" with the police and hand over lots of personal data including previous "activities" - they are being asked to spy on themselves. And NGOs are being asked register their organisations and hand over personal details of all their volunteers/members to the police.

Demands that NGOs hand over personal details of all their members to the state has no place in a democracy. The exceptional measures being taken in Greece may become the norm across the EU if not challenged now by NGOs and civil society."

The Registration forms: NGO: "Organisation Profile" form (pdf) and the volunteer "Personal Profile" form (pdf)

UK: Police to request secrecy for parts of undercover officers inquiry (Guardian, link):

"Met says significant portions of inquiry must sit in secret to protect officers who infiltrated hundreds of political groups... Police are to apply for sweeping legal orders to have large parts of a judge-led public inquiry into the controversial conduct of undercover officers held in private.

The Metropolitan police are arguing that significant portions of the inquiry must sit in secret in order to protect the undercover officers who have infiltrated hundreds of political groups since 1968."

Refugee crisis: latest news from across Europe (20-21.2.16)

EU-USA: DATA PROTECTION: Germany has no access to Privacy Shield documents - so presumably no EU Member State has either?: Council of the European Union: Renewed Framework for Transatlantic Transfers of Personal Data / EU-US Privacy Shield - Request by the German delegation for information from the Commission on the state of play (Doc no: 6031-16, pdf):

"In the view of the German delegation, the upcoming weeks should be used for a close dialogue between the Member States, the Commission, the Article 29 Working Party and the US Government in order to achieve a legal framework that meets the conditions set out by the European Court of Justice.

Therefore, Germany wishes to invite the Commission to report on the details of the agreement with the US side and to provide the relevant documents to the Council. This will enable the Member States to assess the outcomes of the agreement and to enter into a close dialogue with all parties involved".[emphasis added]

EU-USA Data protection: EPIC: 'Judicial Redress Act' Provides Little Redress

"The Judicial Redress Act of 2015, which amends the Privacy Act of 1974, has been passed by Congress and moved on to the President for signature. The Act fails to extend Privacy Act protections to non-US citizens, and as adopted coerces EU countries to transfer data to the US.."

Refugee crisis: latest news from across Europe (19.2.16)

EUNAVFOR LIBYA: Wikileaks release six month report: EUNAVFOR MED Op SOPHIA - Six Monthly Report (Doc no: 5653-16, pdf)

The document states: "Critical to our exit strategy is a capable and well-resourced Libyan Coastguard who can protect their own borders and therefore prevent irregular migration taking place from their shores."

EUNAVFOR MED is due to end on 27 July 2016 (one year after "Full Operational Capability" was reached), unless it is extended by a Council Decision. There is no state in Libya: the prospect of a "capable and well-resourced Libyan Coastguard" being put together before 27 July is thus pretty much non-existent. A Council Decision over the next few months to further extend the mission therefore seems highly likely.

The document notes that the EU could help train a Libyan navy and coastguard, which would "give the Libyan authorities something in exchange for their cooperation in tackling the irregular migration issue." EUBAM Libya was of course supposed to train the country's border control authorities, but is not located in Tunisia due to its inability to operate in Libya. EUBAM Libya was recently extended and had its mandate extended: (link)

Nor does Wikileaks highlight the fact that intelligence-gathering in Libya is to be stepped-up in light of the planned transition to phases 2b and 3 of the military mission:

"The key to future phases will be the ability to fully understand S&T [smuggling and trafficking] networks ashore, including patterns of life, financing and where they might interact with other illegal and terrorist organisations. As well as a general need for ISR [intelligence, surveillance and reconnaissance] assets, including UAVs [drones], HUMINT [human intelligence] will also be essential in achieving a better picture of the pattern of life. In this respect an increased intelligence support is required from the Member States."

Refugee crisis: latest news from across Europe (18.2.16)

EU: DATABASE CHECKS AT BORDERS: Council of the European Union: Proposal for a Regulation of the European Parliament and of the Council amending Regulation No 562/2006 (EC) as regards the reinforcement of checks against relevant databases at external borders (LIMITE doc no: 6181-16, pdf):

"The intention of the Presidency, in line with the aforementioned mandates from the Council and the European Council, is to confirm a general approach on the compromise text at the JHA Council on 25 February 2016. It is noted that the changes vis-à-vis the Commission proposal are demonstrated in underline and the latest changes following the Coreper meeting on 10 February are indicated in bold and underline."

See: Previous document: LIMITE no: 5808-16 (pdf) and Commission Proposal (pdf)

EU: COUNTER-TERRORISM: Council of the European Union: Proposal for a Directive of the European Parliament and of the Council on combating terrorism and replacing Council Framework Decision 2002/475/JHA on combating terrorism - Examination of the revised text (LIMITE doc no 5982-16, pdf) :

"On 8 February 2016, the Working Party on Substantive Criminal Law (DROIPEN) continued its examination of the revised text of the draft Directive. Articles 9, 11, 15 and 16 were withheld from this discussion to allow for more time for preparing a compromise text on these provisions. SI, RO and PT have a general scrutiny reservations. PL, SI, EE and CZ have a parliamentary scrutiny reservation."

UK: Joint enterprise law misinterpreted for 30 years, Supreme Court rules (BBC News, link):

"The law which has allowed people to be convicted of murder even if they did not inflict the fatal blow has been wrongly interpreted for more than 30 years, the Supreme Court has ruled. The joint enterprise law has been used to convict people in gang-related cases if defendants "could" have foreseen violent acts by their associates. However, judges ruled it was wrong to treat "foresight" as a sufficient test. Their decision could pave the way for hundreds of prisoners to seek appeals.

The ruling came after a panel of five Supreme Court judges considered the case of Ameen Jogee, who had been convicted under joint enterprise of the murder of former Leicestershire police officer Paul Fyfe in 2011."

See: Judgment (pdf) and: Supreme Court abolishes “wrong turn” Joint Enterprise law – Diarmaid Laffan (UK Human Rights Blog, link)

UK: Body found at immigration detention centre (Politics.uk, link):

"A detainee has been found dead at Colnebrook immigration detention centre, Politics.co.uk can confirm. While neither the centre nor the Home Office were able to provide information, Politics.co.uk has seen an email sent out to immigration centre staff saying that the death occurred today.

The detainee was found "unresponsive in his room". Politics.co.uk has the name of the detainee but is not reporting it yet until it knows the family has been notified. Troublingly, the death took place while the detainee was under "constant watch". This means the detainee should be under permanent supervision because they are considered at such a high risk of attempting suicide."

Refugee crisis: latest news from across Europe (News and important new Analysis, 17.2.16)

New Statewatch Analysis: “Europe must do more…” Hasn’t it done enough? 20 years of restrictive EU immigration policy have – inevitably - led us to the current situation (pdf) by Yasha Maccanico: A sweeping in-depth analysis:

"The greatest mistake would be to analyse the current situation and try to resolve it by following the same policy principles and approaches which produced it, as the EU is currently doing, by intensifying and militarising them. The current model has been based on restricting “illegal” or “irregular” immigration as absolute policy goals, by portraying the figure of the irregular and illegal migrant,...

a refusal to acknowledge the problems caused by immigration policy, suggest that the only means of tackling this issue with any positive prospects is to stabilise it and analyse its shortcomings and failures, with a view to scaling it down. This may be done by treating immigration policy, rather than the “illegal entry” of third-country nationals which may prove beneficial in the medium/long term, as a “risk factor” or “security threat” which is leading towards authoritarian state power, undermining important and long-established principles which the EU recognises as cornerstones of its project, even as it dismantles them."

European Parliament Study: Forced marriage from a gender perspective (pdf):

"This study provides an overview of the practice of forced marriage in the EU from a gender equality and women’s rights perspective. It analyses the definitions of forced marriage and puts forward a definition from a gender perspective. It also provides an overview of the relevant international/EU legislation, policies and deliberations, as well as national policies, civil law and criminal law (in the 12 Member State that criminalise forced marriage).

For those Member States that criminalise forced marriage, the study provides an assessment of the effectiveness and possible consequences of the implementation of the criminal legislation, including an analysis of data and case-law. The study includes a specific chapter focusing on forced marriage within Roma communities and five case-studies specifically focusing on Denmark, Germany, Spain, Slovakia and the UK. The study also puts forward recommendations for improving the response to forced marriage at EU and Member State level."

Refugee crisis: latest news from across Europe (16.2.16)

New Statewatch Analysis: Why Turkey is Not a “Safe Country” (pdf) and: Executive Summary (pdf) by Emanuela Roman, Theodore Baird, and Talia Radcliffe:

"This article critiques recent European plans to consider Turkey a ‘safe country’. Based on detailed evidence of developments in Turkey, we argue that Turkey does not fulfil the conditions for being either a ‘safe country of origin’ or a ‘safe third country’. We urge the Commission and Member States to seriously reconsider their designation of Turkey as a ‘safe country’."

EU: Court of Justice of the European Union: EU law allows an asylum seeker to be detained when the protection of national security or public order so requires (Press release, pdf): "The introduction of a fresh asylum application by a person who is subject to a return decision does not render that decision inoperative."

See: Judgment: full-text (pdf)

EU-USA: Commission’s ‘Umbrella Agreement’ with US under fire from MEPs (euractiv, link):

"The European Commission is facing challenges on another EU-US data sharing deal: the Parliament legal service and MEPs argued the so-called Umbrella Agreement doesn’t comply with EU law....

Parliament legal advisor Dominique Moore told LIBE MEPs yesterday that there is “clearly a gap between what EU law requires” and the data protection guarantees offered by the Umbrella Agreement....

The criticism from the Parliament comes as a last-ditch warning before the Commission could sign off on the new data sharing agreement for law enforcement."

See: European Parliament legal service: Legal opinion: EU-US Umbrella agreement concerning the protection of personal data and cooperation between law enforcement authorities in the EU and US (pdf)

EU: Human rights in Europe should not buckle under mass surveillance (OpenDemocracy, link by Nils Muižnieks): "European countries have made remarkable progress in the last decades to ensure individual freedoms and shield people from undue state interference. The European system of human rights protection is today among the most advanced in the world. However, there is little room for complacency: a number of cracks have appeared in this system and are widening.

One of the biggest comes from counter-terrorism measures considered or enacted across Europe, in particular those which increase mass surveillance. Many of these measures grant more intrusive powers to security services to snoop on our lives and centralise powers in the hands of the executive, thus circumventing judicial safeguards necessary in any democracy rooted in the rule of law."

EU: European Council, 18-19 February: Updated draft conclusions (dated 15 February 2016): dealing with 1. The United Kingdom and the European Union; 2. Migration; 3. Syria - Libya; 4. European Semester.

See: European Council (18-19 February 2016) - Draft conclusions (LIMITE doc no: 5079-16, pdf)

Previous version: European Council (18-19 February 2016) - Draft conclusions (LIMITE doc no: 5078-16, pdf)

EU-US data deal incompatible with EU law and fundamental rights - European Parliament legal service

This afternoon (15 February) MEPs in the European Parliament's civil liberties committee will discuss the proposed EU-US "Umbrella Agreement" on the protection of personal data exchanged for the prevention, investigation, detection and prosecution of criminal offences. In a confidential opinion obtained by Statewatch, the Parliament's legal service has made clear that the proposed agreement is incompatible with EU law and fundamental rights.

See: European Parliament legal service: Legal opinion: EU-US Umbrella agreement concerning the protection of personal data and cooperation between law enforcement authorities in the EU and US (pdf)

UK: Israel boycott ban: Shunning Israeli goods to become criminal offence for public bodies and student unions (The Independent, link): "Local councils, public bodies and even some university student unions are to be banned by law from boycotting “unethical” companies, as part of a controversial crackdown being announced by the Government.

Under the plan all publicly funded institutions will lose the freedom to refuse to buy goods and services from companies involved in the arms trade, fossil fuels, tobacco products or Israeli settlements in the occupied West Bank.

Any public bodies that continue to pursue boycotts will face “severe penalties”, ministers said."

This follows similar moves taken recently by the French government. See: France's criminalisation of Israel boycotts sparks free-speech debate (France 24, link) and Defying court ruling, French figures call for Israel boycott (Electronic Intifada, link)

EU: Visegrad Group: Anti-migrant force builds in Europe, hurting Merkel's quest (AP, link): "So where should the next impenetrable razor-wire border fence in Europe be built?

Hungary's right-wing Prime Minister Viktor Orban thinks he knows the best place - on Macedonia's and Bulgaria's borders with Greece - smack along the main immigration route from the Middle East to Western Europe. He says it's necessary because "Greece can't defend Europe from the south" against the large numbers of refugees pouring in, mainly from Syria and Iraq."

More stories and updates: Refugee crisis: latest news from across Europe (15.2.16)

UN rights expert urges the UK and Sweden to give good example to the world and implement the Assange ruling (UN Human Rights, link): "United Nations human rights expert Alfred de Zayas today called on the Governments of the United Kingdom and Sweden to accept and implement without delay the findings and recommendations of the UN Working Group on Arbitrary Detention* in the case of Julian Assange.

The UN Independent Expert on the promotion of a democratic and equitable international order recalled that a just and sustainable international order requires that States respect, promote and fulfill their human rights treaty obligations and observe the recommendations of human rights treaty-bodies, working groups and rapporteurs."

See: UN Working Group on Arbitrary Detention: Opinion No. 54/2015 concerning Julian Assange (Sweden and the United Kingdom of Great Britain and Northern Ireland) (pdf)

Refugee crisis: latest news from across Europe (13-14.2.16)

Refugee crisis: latest news from across Europe (12.2.16)

EU: Council conclusions on the fight against the financing of terrorism (pdf): anti-money laundering measures, Financial Intelligence Units, information exchange and other issues. The Council also: "CALLS ON the Commission to explore the need for appropriate restrictions on cash payments exceeding certain thresholds and to engage with the European Central Bank to consider appropriate measures regarding high denomination notes, in particular the EUR 500 note, taking into account the analysis conducted by Europol, and to report its findings to the Council no later than 1 May 2016"

See also: European Commission: Communication on an Action Plan for strengthening the fight against terrorist financing (pdf). The Council's conclusions invite the Commission "to report to the Council on the progress made in the implementation of the Action Plan, starting in June and at least every six months thereafter."

EU-US: EDPS welcomes EU-US "Umbrella Agreement" and stresses need for effective safeguards (press release, pdf): "In his Opinion, published today, the European Data Protection Supervisor (EDPS) expressed his support for the EU-US Umbrella Agreement initiative. He recommended three essential improvements in the arrangement designed to set a global precedent for the sustainable sharing and transfer of personal data for law enforcement purposes, and to increase trust between the two strategic partners. He also encouraged other clarifications before the initialled Agreement is signed.

Giovanni Buttarelli, EDPS, said: "Globalisation means that governments are working harder than ever to combat crime which implies more structured sharing of relevant information. The EU-US Umbrella Agreement may set a new international standard. To succeed, we encourage the Parties to carefully consider significant recent developments. They will help to introduce an arrangement fully compatible with the EU constitutional principles, in particular the EU Charter of Fundamental Rights"."

See: Preliminary Opinion on the agreement between the United States of America and the European Union on the protection of personal information relating to the prevention, investigation, detection and prosecution of criminal offences (pdf)

EU: Europol-Frontex cooperation agreement: "The cooperation between the Parties aims at supporting the Member States of the European Union in preventing and combating cross-border criminal activities in the areas of crime referred to in Article 3, improve integrated border management and facilitate the operational cooperation of Member States' authorities at the external borders."

Article 3 says: "The cooperation as established in this Agreement shall... relate to relevant areas of crime within the mandate of both Parties at the date of entry into force of this Agreement in particular facilitation of illegal migration, trafficking in human beings, terrorism, and other cross-border criminal activities," as well as: "related criminal offences deemed as the criminal offences committed in order to procure the means of perpetrating the criminal acts referred to in paragraph 1, criminal offences committed in order to facilitate or carry out such acts, and criminal offences committed to ensure the impunity of such acts"

See: Agreement on Operational Cooperation between the European Police Office "EUROPOL") and the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union ("FRONTEX") (pdf)

EU: State-corporate cooperation: Public-private partnership on cybersecurity:

"The European Commission has announced that it will launch a public-private partnership (PPP) this year to bolster the continent’s cybersecurity industry, combining the expertise of the business world with government resources to make the transition to a digital EU economy safer and more secure.

Indeed, PPPs have emerged as a highly effective vehicle for tackling complex socioeconomic challenges and they hold perhaps the greatest promise in low- and middle-income countries, where governments are increasingly open to international collaborations with industry.

Yet, success is far from assured. For every PPP that makes progress, dozens more are fraught from the start. A new study provides valuable insights into some large-scale international PPPs conducted in recent years. European leaders could benefit from these learnings as they work to strengthen cybersecurity and deepen the impact of Europe’s extensive development work around the world."

See: A fresh look at public-private partnerships (EurActiv, link) and: European Commission: Public consultation on the public-private partnership on cybersecurity and possible accompanying measures (link). The consultation closes on 11 March 2016.

EU: Virtual markets — changing the dynamics of how drugs are bought and sold (European Monitoring Centre for Drugs and Drug Addiction press release, pdf): "How do online drug markets function? What technologies do they use? How do they relate to the traditional drug market? How can they be monitored and controlled? Today the EU drugs agency (EMCDDA) unravels some of the complexities of these questions in a new report: The internet and drug markets"

And see: How The Dark Net Is Making Drug Purchases Safer By Eliminating Associated Violence And Improving Quality (Techdirt, link): "The new report comes from the European Monitoring Centre for Drugs and Drug Addiction, which is funded by the European Union, and, as usual, is accompanied by an official comment from the relevant EU commissioner. Unfortunately, Dimitris Avramopoulos, the European Commissioner for Migration, Home Affairs and Citizenship, trots out the usual unthinking reaction to drug sales that has made the long-running and totally futile "war on drugs" one of the most destructive and counterproductive policies ever devised"

Full report: European Monitoring Centre for Drugs and Drug Addiction: The internet and drugs markets (pdf)

UK: Investigatory Powers Tribunal Rules GCHQ Hacking Lawful (Privacy International, link): "The Investigatory Powers Tribunal (“IPT”) today held that GCHQ hacking of computers, mobile devices and networks is lawful, wherever it occurs around the world. We are disappointed that the IPT has not upheld our complaint and we will be challenging its findings.

Our complaint is the first UK legal challenge to state-sponsored hacking, an exceptionally intrusive form of surveillance. We contended that GCHQ hacking operations were incompatible with democratic principles and human rights standards. We further argued that GCHQ, which until these proceedings was hacking in secret, had no clear authority under UK law to deploy these capabilities."

See also: Tribunal rules computer hacking by GCHQ is not illegal (BBC News, link)

EU: Schengen: Greece still unhappy with new external border control demands

The Greek government continues to dispute the findings of a European Commission report that cites "serious deficiencies" in Greece's external border control and application of the Schengen legal framework ("Acquis").

Nevertheless, with Greece voting against and Cyprus and Bulgaria abstaining, the Council of the EU has now adopted a Decision that makes 50 demands on Greece and warns the country "not to jeopardise the functioning of the Schengen area."

Prison sentences for Heathrow 13 activists would threaten our right to protest (The Guardian, link): "Last month, 13 activists were tried in court for carrying out a peaceful protest against the expansion of Heathrow airport. They were found guilty of aggravated trespass, and await sentencing on 24 February.

We believe it would be unjust for these people to receive prison sentences for their actions.

Sending peaceful demonstrators to jail would represent a massive threat to our right to protest in the UK."

And see: What do the Heathrow 13 convictions tells us about future civil disobedience? (Netpol, link)

EU: European Commission: Right to a fair trial: New rules to guarantee presumption of innocence (press release, pdf): "Today, Ministers from the EU Member States have adopted new rules that will guarantee the presumption of innocence of anyone accused or suspected of a crime by the police or justice authorities. The Directive also ensures that everyone benefits from the right to be present at their trial."

And see: previous analysis: The new Directive on the presumption of innocence: protecting the ‘golden thread’ (EU Law Analysis, link): "In this context, an EU Directive restating the importance of the presumption of innocence is a welcome step. But does this instrument go far enough? Based on the analysis above, my answer would be no. There are three key reasons for this conclusion: first, standard setting has been built on assumptions rather than based on an empirical understanding of the operation of criminal justice systems and the reasons why current standards fail; second, the Directive does not consistently shore up the basic requirements of the ECHR and its case law despite the non-regression clause in Article 12; and third, the Directive fails to reference effectively previously agreed EU instruments to create a holistic framework for the protection of fundamental rights."

State surveillance: "going dark"? Maybe not

A new report based on discussions amongst "a diverse group of security and policy experts from academia, civil society, and the U.S. intelligence community" suggests that state surveillance is unlikely to be hampered by the rise in the use of encryption to the extent claimed by law enforcement and intelligence officials.

The report: Don't Panic. Making Progress on the "Going Dark" Debate (pdf)

UK police forces 'still abusing stop and search powers' (The Guardian, link): "Most of Britain’s police forces are still failing to obey rules to prevent abuse of their stop and search powers, according to the police regulator, raising the prospect that the government will legislate to force them to do so.

A report by Her Majesty’s Inspectorate of Constabulary found that one in seven stops may be unlawful, despite promises by police chiefs to reform."

And see: Concrete Proposal for Reform: Open Letter to Theresa May (StopWatch, link): "We welcome your decision to suspend thirteen forces from the Best Use of Stop and Search Scheme as a result of the HMIC’s findings but this fails to go far enough. It is clear that the police cannot be expected to reform themselves and membership of a voluntary scheme has not driven the desired change. In April 2014 you promised that if these reforms failed, you would bring forth primary legislation. StopWatch therefore calls on the Home Office to introduce primarily legislation to reform stop and search once and for all."

Synthesis report: PEEL: Police legitimacy 2015: A national overview (pdf) and HMIC press release: Most police forces judged to be fair and ethical – but are let down by lack of progress on stop and search (pdf). Reports for each English and Welsh constabulary are available on the HMIC website: PEEL: Police legitimacy 2015 (link).

UK: House of Commons: Science and Technology Committee: The big data dilemma (pdf): "We do not share the Government’s view that current UK data protections can simply be left until the Data Protection Act will have to be revised to take account of the new EU Regulation. Some areas need to be addressed straightaway — introducing the Information Commissioner’s kitemark and introducing criminal penalties. And there remain concerns that big data techniques which ‘re-identify’ individuals from previously anonymised data may be outside the scope of the current UK legislation. The way the new EU Regulation is framed appears to leave it open for data to be potentially de-anonymised if “legitimate interests” or “public interest” considerations are invoked. It is particularly important therefore that the Government set out its anonymisation strategy for big data in its upcoming Digital Strategy, including a clear funding commitment, a plan to engage industry with the work of the UK Anonymisation Network and core anonymisation priorities."

Refugee crisis: latest news from across Europe (News and major developments, 11.2.16)

UK: Joint Select Committee: Draft Investigatory Powers Bill: Report (pdf):

"Investigatory Powers: on the right track but significant changes needed.

In its report, published today, the Committee supports the intention behind the draft Bill, which is to bring together the numerous provisions in statute governing intrusive powers which already exist into one clear piece of legislation. But the Committee finds that important clarity is lacking in a number of areas."

Oral evidence (link) and Written Evidence (link)

USA: Judicial Redress Act 2015 (link): "The Senate Feb. 9 passes an amended version of the Judicial Redress Act which is a prerequisite for an umbrella U.S.-EU law enforcement agreement. Next Step: The amended bill must be reconciled with the pre-amendment version approved by the House in October 2015."

Refugee crisis: latest news from across Europe (News and very important new documents, 10.2.16)

UK-EU: The draft UK/EU renegotiation deal: is it 'legally binding and irreversible'? (EU Law Analysis link) by Professor Steve Peers, Professor of Law, University of Essex:

"The draft deal on renegotiation of the UK’s EU membership has already caused great controversy: both from those (mostly in the UK) who think it does not go far enough, and those (mostly in the rest of the EU) who think it goes too far in revising EU law to satisfy the objections of one Member State. These issues are mainly substantive, and I have addressed some of them in an earlier post about the immigration aspects of the draft deal."

UK: The European Court of Justice has agreed to expedite the hearing of the Davis-Watson mass surveillance case:

"it is clear that national legislation that permits the retention of all electronic communications data and subsequent access to that data is liable to cause serious interference with the fundamental rights laid down in Articles 7 and 8 of the Charter (see judgment in Digital Rights Ireland and Others, C.293/12 and C.594/12, EU:C:2014:238, paragraph 37)....

Accordingly, it is appropriate to order that Case C.698/15 be determined pursuant to the expedited procedure."

See: CJEU Order (pdf)

European Parliament Study: The context and legal elements of a Proposal for a Regulation on the Administrative Procedure of the European Union's institutions, bodies, offices and agencies (pdf):

"The purpose of this Regulation is fostering compliance with the general principles of EU law, reducing the fragmentation of applicable rules, improving transparency and allowing for simplification of Union legislation by establishing a concise basic set of procedural provisions common to multiple policies."

See also: Better…Administrative making at EU level (when the European Parliament paves the way to an, almost reluctant, European Commission…) (EASFJ, link)

EU: Joint Communiqué - Charting the way ahead. An EU Founding Members’ initiative on strengthening Cohesion in the European Union (link): "Joint Communiqué: The Ministers of Foreign Affairs of Belgium, Germany, France, Italy, Luxembourg and the Netherlands met on 9 February 2016 in Rome. They declare... "

Refugee crisis: latest news from across Europe (9.2.16)

Council of Europe: Greek Journalist Brutally Attacked during Public Rally (link):

"Greek reporter, Demitrios Perros, working as a freelance journalist for the municipal radio ‘Athens 9,84FM’, was brutally attacked by unknown assailants, on 4 February 2016, while covering a protest rally organised by the public and private sector workers’ confederations, in Athens. According to media reports, the journalist was approached by persons unknown to him on Panepistimiou Street, in the centre of the capital, and asked whether he was a journalist. Following his positive answer, the men started hitting him with wooden planks on the head and the spine while the police stood by without taking any action to intervene. Demitrios Perros was left seriously injured to the head and face and was taken to the Red Cross hospital by colleagues."

and Press release from the European Federation of Journalists (pdf)

UK: Internet monitoring bill 'must do more to protect privacy' (BBC News, link):

"Plans to give firm legal backing to mass data collection and hacking by Britain's spies do not do enough to protect privacy, a watchdog has warned. The extent of the intelligence agencies' computer and internet spying operation has recently become clear.

The draft Investigatory Powers Bill is meant to put it on a firm legal footing. But the Intelligence and Security Committee says the bill lacks clarity and is a "missed opportunity"."

See: Intelligence and Security Committee of Parliament: Report on the draft Investigatory Powers Bill (pdf)

And see: MI5 "Covert Technical Operations Specialists" job ad (link)

Israel got real-time leaks from EU security talks (euobserver, link):

"When EU ambassadors met in the Political and Security Committee (PSC) to discuss Middle East policy on 15 January, some of them didn't know there was in effect a 29th delegation in the room - Israel.

They were finalising a statement to be endorsed by EU foreign ministers a few days later. But Israeli diplomats appeared to be reading EU draft texts and amendments in real time.

Some EU sources said Israeli contacts sent text messages to them with requests to alter wording shortly after each new draft went round."

CANADA: Every Step You Fake: A Comparative Analysis of Fitness Tracker Privacy and Security (link to pdf): "Contemporary consumer fitness wearables collect a broad range of data. The number of floors, or altitudinal changes, a person climbs a day is measured, levels and deepness of sleep, and heart rate activity are all captured by best-of-class consumer-level fitness trackers. And all of this data is of interest to the wearers of the devices, to companies interested in mining and selling collected fitness data, to insurance companies, to authorities and courts of law, and even potentially to criminals motivated to steal or access data retained by fitness companies.

Every Step You Fake explores what information is collected by the companies which develop and sell some of the most popular wearables in North America. Moreover, it explores whether there are differences between the information that is collected by the devices and what companies say they collect, and what they subsequently provide to consumers when compelled to disclose all the personal information that companies hold about residents of Canada."

Report by: Open Effect (link): "Open Effect is a Canadian not-for-profit that conducts research and advocacy focused on ensuring people’s personal data is treated securely and accountably. We use a mix of policy and technical analysis methods to explore how digital services use personal data. We build interactive advocacy tools to disseminate our work and empower individuals to learn about and exercise their rights online."

FYROM Raises Second Wire Fence on Border with Greece (Greek Reporter, link): "The Former Yugoslav Republic of Macedonia is raising a second wire fence on its border with Greece, in the neutral zone between Idomeni and Gevgelija.

This is a measure along the European Union’s efforts for stricter control of the migrant inflow towards central and northern Europe.

On Saturday the FYROM army started cleaning the area and raising a second barbed wire fence parallel to the existing one on the neutral zone in the border crossing point between Idomeni and Gevgelija."

More news and documentation: Refugee crisis: latest news from across Europe (8.2.16)

French parliament debates plan to enshrine emergency powers in constitution (France 24, link): "French lawmakers on Friday started debating constitutional changes that would see French nationals convicted of terror offences stripped of their citizenship and make it easier to put controversial emergency measures in place.

(...) The Socialist government now wants to write the measure – created during the Algerian war in 1955 – into France's cherished constitution, citing what it sees as a persistent threat from jihadist militants."

See also: Valls calls for "total, global and ruthless" war on terror (Statewatch News Online, January 2016) and: France: Disproportionate emergency measures leave hundreds traumatized (Amnesty, link): "Heavy-handed emergency measures, including late night house raids and assigned residence orders, have trampled on the rights of hundreds of men, women and children, leaving them traumatized and stigmatized, according to a new briefing released by Amnesty International today ahead of Friday’s French parliamentary debate on entrenching emergency measures in the constitution."

EU: PEGIDA: The far-right in the streets

Far-right protests organised by various branches of the PEGIDA movement took place in cities across Europe at the weekend. On 6 February in Prague, a centre that helps refugees was firebombed, "just hours after thousands of people staged a protest in the Czech capital against Muslims and immigration."

NORTHERN IRELAND: How much did British intelligence know about the IRA during the troubles? (The Conversation, link): "The Shankill bombing now joins a list of atrocities where the involvement of informers and agents is alleged. Also on that list are the 1974 Dublin and Monaghan bombings; the 1976 Kingsmill massacre; the activities of Freddie Scappaticci – alleged to be the army’s most high-ranking agent in the IRA and accused of involvement in up to 50 murders – and Brian Nelson, an army agent within the UDA responsible for passing on the names of IRA members who were subsequently murdered. Beyond these most high-profile cases are potentially hundreds of individuals who died as a result of state collusion with loyalist and republican paramilitary groups.

(...) On a daily basis it appears that protection, denial and obfuscation are often privileged over truth and justice. For victims and survivors – and a still fragile society – revelations such as those concerning the Shankill bomb reinforce hurt and trauma and undermine the gains of the peace process. If impunity is to be countered and truth and justice delivered, full political commitment to an open, transparent mechanism that is capable of shining a light into all areas of the past is a must."

Refugee crisis: latest news from across Europe (6-7.2.16)

EU: Council of the European Union: Directive on combatting terrorism:

- Proposal for a Directive of the European Parliament and of the Council on combating terrorism and replacing Council Framework Decision 2002/475/JHA on combating terrorism - Examination of the revised text (LIMITE doc no: 5720-16, pdf): "Delegations are invited to examine the modified text of the proposed Directive, as set out in this document. Discussions at the next meeting on 8 February 2016 will focus on these drafting suggestions, including recitals." In part concern the two documents from Sweden and Italy below.

- As above:Examination of the revised text (LIMITE doc no: 5467-16, pdf)

- As above: Swedish Delegation - drafting proposals (LIMITE doc no: 5467-add-1-16, pdf): Human rights clause and "An possibility to exempt one’s own citizens travelling home"

- As above: Italian Delegation - drafting proposals (LIMITE doc no: 5467-add-2-16, pdf): "Investigative tools" and "Exchange of information and cooperation concerning terrorist offences"

See also: Statewatch Briefing: Directive on combating terrorism

EU: DATABASE checks on people entering and leaving the EU: Council of the European Union: Proposal for a Regulation amending Regulation (EC) No 562/2006 as regards the reinforcement of checks against relevant databases at external borders (LIMITE doc no: 5753-16, pdf):

"Proposal for a Regulation amending Regulation (EC) No 562/2006 as regards the reinforcement of checks against relevant databases at external borders... The Presidency submits to the JHA Counsellors this new compromise, which it believes could accommodate most of the remaining concerns of the delegations and could constitute a basis for a compromise at Council level on this proposal. It is noted that the changes vis-à-vis the previous compromise suggestions (including the deleted parts) are depicted in bold (and underline).

The Presidency believes that the only essential outstanding issue is whether the air borders (along with the land and sea borders) should be included in the scope of possible cases of targeted checks of persons enjoying the right of free movement under Union law, in order to address a disproportionate impact on the traffic flow emanating from the systematic consultation of data bases for these persons. The Presidency is of the opinion that this issue should also be resolved in the prism of the need to find a balance between security priorities and the economic impact of the new measures on border controls that this draft Regulation is expected to bring about. "

Includes database checks, advance passenger information (API and/or PNR) and the checking of biometrics (facial images and fkngeprints), at least one biometric must be checked against the travel documents or identity card of the traveller.

The measure will not apply to the UK or Ireland.

Denmark confirms US sent rendition flight for Snowden (The Local.dk, link): "Denmark’s justice minister admitted on Friday that the US sent a rendition flight to Copenhagen Airport that was meant to capture whistleblower Edward Snowden and return him to the United States. "

UK: Victims and Villains: Migrant voices in the British media (pdf): "The report explores how migrant voices and experiences are framed in Britain’s migration debate, against the backdrop of a complex relationship between the media, political debate and public attitudes. Were the voices and experiences of migrants present in media reporting on migration issues in the months leading up to the 2015 General Election? And if migrants were able to have a voice, how were their experiences and perspectives represented and framed?"

See also: Moving Stories: International Review of How Media Cover Migration (Ethical Journalism Network, link)

Holding the EU together with the threat of disintegration (EurActiv, link): "The EU is entering a playing field in which it has little experience – European disintegration. EU interior ministers have openly threatened to expel Greece from the Schengen border-free zone and to seal the country off from the rest of Europe at the Macedonian (FYROM) border. While Greece faces the threat of a forced removal from a central European project, the UK is considering a free-will departure from the EU as a whole.

The threat to kick Greece out of Schengen and the UK referendum on EU membership may appear to have little in common. Yet they are both reflective of the EU’s struggle to keep together a club of twenty-eight member states in view of tremendous internal and external challenges. At its core, this struggle concerns the question of how to balance functional needs for more ‘Europe’ with the increasing desire of many European governments and citizens for less ‘Europe’."

Turkish PM warns of new wave of refugees from Syria (Hurriyet, link): "Turkish Prime Minister Ahmet Davutoglu has warned of a new wave of Syrian refugees totaling as many as 80,000 after people began to move toward Turkey due to increased airstrikes in the country’s northwest.

“Some 10,000 new refugees are waiting at Turkey’s border [with Syria] due to the airstrikes in Aleppo. Some 60,000 to 70,000 people, who are in camps north of Aleppo, are moving toward Turkey,” said Davutoglu during a donor conference entitled “Supporting Syria and the region” at the QEII center in central London on Feb. 4.
"

And see: Avramopoulos: Detention and removal centres are also needed (EurActiv, link): "The hotspots are there to support the process of the first arrivals through registering, identifying and fingerprinting - to know whether people will have to be relocated, or whether they should do their asylum procedure in Greece or Italy, and then either be granted asylum or be returned. Of course, during that time, people have to stay somewhere. So it is normal that we need more reception places. Greece has committed to expanding its reception places by 50,000 following the Western Balkans leaders meeting on 25 October - but detention or removal centers are also needed for those who receive the decision to return, particularly if there is a risk of absconding and if they are not willing to return voluntarily."

See: Refugee crisis: latest news from across Europe (5.2.16)

The British want to come to America — with wiretap orders and search warrants (The Washington Post, link): "If U.S. and British negotiators have their way, MI5, the British domestic security service, could one day go directly to American companies like Facebook or Google with a wiretap order for the online chats of British suspects in a counter­terrorism investigation.

The transatlantic allies have quietly begun negotiations this month on an agreement that would enable the British government to serve wiretap orders directly on U.S. communication firms for live intercepts in criminal and national security investigations involving its own citizens. Britian would also be able to serve orders to obtain stored data, such as emails.

The previously undisclosed talks are driven by what the two sides and tech firms say is an untenable situation in which foreign governments such as Britain cannot quickly obtain data for domestic probes because it happens to be held by companies in the United States. The two countries recently concluded a draft negotiating document, which will serve as the basis for the talks. The text has not been made public, but a copy was reviewed by The Washington Post."

German judges issue damming indictment of TTIP (New Internationalist, link): "A group of German judges have just dealt a serious blow to the European Commission’s desperate TTIP ‘compromise’. They’ve issued a damning indictment on the proposal for an ‘international investment court’, which the EU Commission hoped would get them out of the deep mess that the TTIP negotiations are in.

(...) A primary concern of the judges, and one shared by campaigners, is that ‘the creation of special courts for certain groups of litigants is the wrong way forward.’ Creating special legal privileges for big business and other investors (who can already afford more access to the law than ordinary people), is clearly the path to further inequality in our already deeply unequal society."

See: Opinion on the establishment of an investment tribunal in TTIP - the proposal from the European Commission on 16.09.2015 and 11.12.2015 (pdf)

UK-SWEDEN: The Working Group on Arbitrary Detention Deems the deprivation of liberty of Mr. Julian Assange as arbitrary (UN Human Rights, link): "The Working Group considered that Mr. Assange has been subjected to different forms of deprivation of liberty: initial detention in Wandsworth prison which was followed by house arrest and his confinement at the Ecuadorian Embassy. Having concluded that there was a continuous deprivation of liberty, the Working Group also found that the detention was arbitrary because he was held in isolation during the first stage of detention and because of the lack of diligence by the Swedish Prosecutor in its investigations, which resulted in the lengthy detention of Mr. Assange. The Working Group found that this detention is in violation of Articles 9 and 10 of the UDHR and Articles 7, 9(1), 9(3), 9(4), 10 and 14 of the ICCPR, and falls within category III as defined in its Methods of Work."

See: UN Working Group on Arbitrary Detention: Opinion No. 54/2015 concerning Julian Assange (Sweden and the United Kingdom of Great Britain and Northern Ireland) (pdf)

Analysis: Free at last? Detention, the European Arrest Warrant and Julian Assange (EU Law Analysis, link) and reaction: Julian Assange: UK to contest UN panel finding over ‘arbitrary detention’ – live updates (The Guardian, link)

VICE News Reveals the Terrorism Blacklist Secretly Wielding Power Over the Lives of Millions (VICE News, link): "An American Muslim civil rights leader praised by George W. Bush, an economist honored by the British Queen, and a prominent anti-extremism campaigner have all been secretly given a "terrorism" designation on a confidential database that banks use as a reference tool for blacklisting customers, a VICE News investigation can reveal.

The highly influential World-Check database has also listed major charities, activists, and mainstream religious institutions under its category of "terrorism"... The confidential service, part of an unregulated industry, claims that it is used by over 300 government and intelligence agencies, 49 of the 50 biggest banks, pre-employment vetting agencies and 9 of the top 10 global law firms. It provides "an early warning system for hidden risk" — and is used by banks, for example, to minimize their risk of complicity in terrorist financing or money laundering."

Four reasons to close down the police’s domestic extremism unit (Netpol, link): "Today is Domestic Extremist Awareness Day, an annual event launched by Netpol in 2014 to publicise how the label of ‘domestic extremist’ is increasingly applied by police to anyone involved in political dissent.

This year, we are calling for the closure of the National Domestic Extremism & Disorder Intelligence Unit (NDEDIU), the discredited police unit responsible for surveillance on protesters. We are also asking you to share why you think the NDEDIU should shut down.

Here are four reasons we think are important"

UK-EU: Why the EU emergency brake on migrant benefits is sexist (The Conversation, link): "We should heed warnings from the damage caused by changes already implemented before pressing ahead with economically unnecessary proposals that deepen child poverty and homelessness, and push women over a welfare cliff edge.

The emergency brake on in-work benefits creates a sexually asymmetric concept of free movement: women can only enjoy the rights supposedly afforded to all European citizens so long as their bodies do not betray them."

UK: Torture victims face two-year delays in UK asylum claims (The Guardian, link): "Torture victims who claim asylum in Britain are facing delays of more than two years before their cases are resolved, according to a report by the official immigration and borders watchdog.

The delays to torture survivors’ applications are caused by Home Office unwillingness to accept evidence supporting their claims from bodies other than Freedom from Torture and the Helen Bamber Foundation, the chief inspector of borders and immigration said."

Full report: Independent Chief Inspector of Borders and Immigration: An Inspection of Asylum Casework, March-July 2015 (pdf) and: Home Office response (pdf)

News Digest: Round-up of news stories from across the EU (5.2.16)

Refugee crisis: latest news from across Europe (4.2.16)

Spain: Launch of book marks the tenth anniversary of the events leading to the '4F Case'

Today a book launch will mark a decade since the events that led to what is known as the '4F Case' (Caso 4F) took place, in which four people were imprisoned for a crime they did not commit. Three of them were tortured by the police during their detention and one subsequently committed suicide.

On 4 February 2006, the Guardia Urbana (municipal police) arrived at a party in a squatted theatre in Barcelona. A flowerpot was thrown from a balcony, seriously injuring a police officer. The response from the authorities, unable to find the guilty party, was "to mount a case blaming innocent people who were not in the house and some not even in the vicinity."

Four people were subsequently sent to prison, one of whom, Patricia Heras, committed suicide in April 2011. Three of the four were tortured whilst in police custody, events which were subsequntly taken up in an Amnesty report. [2] The two police officers who served as key witnesses in the 4F case were subsequently found guilty, in a seperate case, of torture, false testimony and planting evidence. No-one has been punished for their part in the 4F case.

UN experts urge Cyprus to address migrant detention conditions, improve overall monitoring (UN News Centre, link):

Cyprus has seen many positive developments concerning the treatment of people in detention, but still faces several challenges, particularly regarding the independent monitoring of places of detention and the treatment of migrants, the UN Subcommittee on the Prevention of Torture said today after visiting the country.

Press release (link):

“We were very pleased to have visited Cyprus and take note of improvements. But the situation of those in immigration detention centres requires careful attention. It is so important to ensure that such detention is only resorted to when it is strictly necessary. The conditions of detention should reflect the fact that such places are not prisons and those detained are not prisoners,” said Malcolm Evans, the SPT Chair and head of the four-member delegation to Cyprus....

We are particularly concerned that the National Preventive Mechanism for torture prevention, which is a part of the Ombudsman's office, should be much better resourced financially and have its legal powers reviewed so that it can continue and expand its good work. It currently does not have the capacity to work as the Optional Protocol requires."

France: Abuses under State of Emergency - Halt Warrantless Search and House Arrest (HRW, link): "France has carried out abusive and discriminatory raids and house arrests against Muslims under its sweeping new state of emergency law. The measures have created economic hardship, stigmatized those targeted, and have traumatized children.."

Transparency in the EU: citizens' right controlled by the elite (journalismfund.eu, link): " Fifteen years with access rules and still no register over documents to look for. Not only citizens, also governments are kept in the dark by the Commission, a new study on EU transparency shows."

See: Transparency through tinted windows - On the conditional openness in the European Commission (pdf) See also: Statewatch Observatory on Freedom of Information in the EU

EU watchdog says needs time to study data deal with United States (Reuters, link):

"An EU watchdog said on Wednesday it needed time to study a new EU-U.S. agreement on data transfers to determine whether the United States was committed to limiting intelligence surveillance of Europeans.

Negotiators from the European Union and the United States agreed the data pact on Tuesday. It will replace the Safe Harbour framework, which a top EU court ruled illegal last year amid concerns over mass U.S. government snooping.

"We want to receive the documents in order to assess whether this (newly agreed) EU-U.S. Privacy Shield can answer the privacy concerns raised," said Isabelle Falque-Pierrotin, chair of the WP29 grouping of data protection authorities."

Refugee crisis: latest news from across Europe (3.2.16)

EU: European Commission: Communication on an Action Plan for strengthening the fight against terrorist financing (pdf) and see: Commission presents Action Plan to strengthen the fight against terrorist financing (Press release, pdf):

"The Action Plan will focus on two main strands of action: Tracing terrorists through financial movements and preventing them from moving funds or other assets [and] Disrupting the sources of revenue used by terrorist organisations, by targeting their capacity to raise funds."

See also: EU to gold plate international anti-terrorism obligations with "urgent" new law (Statewatch database, link)

UK-EU: BREXIT: The draft renegotiation deal: EU immigration issues (EU Law Analysis, link) by Steve Peers, Professor of Law, University of Essex.

"ll three proposals are subject to the ‘ordinary legislative procedure’, meaning that they have to be agreed with the European Parliament. It is also possible that their legality would be challenged before the EU Court of Justice. I can’t appraise the political likelihood of the European Parliament approving the proposals, but I will offer some thoughts about possible challenges to their legality if they are agreed. ...

British voters will also be making an assessment not only of the rest of the renegotiation package, but also on the broader pros and cons of EU membership. These changes go nowhere near far enough for the EU’s strongest critics, but much too far for its biggest admirers. Time will soon tell whether the British public believes that they are a reasonable compromise."

The Elephant in the Room - Islam and the Crisis of Liberal Values in Europe (Foreign Affairs, link) By Alexander Betts

"Europe is still struggling to cope with a massive influx of refugees, with over a million asylum seekers arriving across the Mediterranean Sea. Nearly all of them are Muslims. This fact has shaped public and political opinion but has rarely been openly and honestly discussed. Can a Europe of 28 member states share responsibility for a smaller number of refugees than is currently in Lebanon alone? Of course it can. In fact, most European countries need the labor."

Greek military to oversee response to refugee crisis (ekathimerini.com, link):

"Defense Minister Panos Kammenos on Tuesday heralded the creation of a central body to oversee and improve Greece’s response to the migration and refugee crisis and ensure the country safeguards its position in the Schengen passport-free area, noting that the new body will be led by a senior military official.

Greece’s military is to have the oversight of the “Central Coordinating Body for the Management of Migration” until the Migration Ministry and the Hellenic Police gain the necessary know-how and experience to tackle the problem independently, Kammenos indicated at Tuesday’s press conference....

The center, which is to be operational by February 15, is to be based at the Defense Ministry headquarters and coordinate with the Hellenic Police, Coast Guard, Migration Ministry and nongovernmental organizations working with migrants and refugees.

The aim is to increase the efficiency of transferring migrants from the islands to the mainland, to improve the provision of food as well as medical and healthcare to migrants, and to monitor the creation of five screening centers, or hot spots, for migrants on the eastern Aegean islands of Lesvos, Chios, Samos, Kos and Leros....

The screening and relocation centers are to operate in a similar way to the central body, under a local military official who is to coordinate with police and coast guard officers."

EU: European Commission: Commission adopts Schengen Evaluation Report on Greece and proposes recommendations to address deficiencies in external border management (Press release, pdf)

"The recommendations seek to ensure that Greece applies all Schengen rules related to management of external border correctly and effectively. Recommendations are made in a number of areas such as the improvement of the registration procedures, including ensuring a sufficient number of staff and fingerprint scanners for registration and verification of migrants and their travel documents against SIS, Interpol and national databases. Greece should provide the necessary facilities for accommodation during the registration process and launch return procedures for irregular migrants who are not seeking asylum and who are not in need of international protection. Border surveillance should be improved, including the establishment of a risk analysis system and increased training of border guards.

Improvements should also be made to infrastructure and equipment at the border crossing points. In order to ensure compliance with these recommendations, the Commission may, in addition, recommend that Greece takes certain specific measures under Article 19a of the Schengen Borders Code, given the serious deficiencies noted in the Schengen Evaluation Report."

See also: Eighth biannual report on the functioning of the Schengen area: 1 May - 10 December 2015 (pdf)

UK-EU:BREXIT: The draft renegotiation deal: A genuine red card? Tusk’s proposal and national parliaments (EU Law Analyisis, link):

"The Draft Decision of the Heads of State or Government, ‘A New Settlement for the United Kingdom within the European Union’, unveiled by Donald Tusk on February 2 2016 offers the first concrete vision of the changes to enhance the role of national parliaments under the UK’s renegotiation efforts. This note provides an analysis of the suggested changes by contrasting them with the mechanisms currently in force under the Lisbon Treaty."

And see: The UK-EU package (link)

UK: Right to rent comes into force today (Garden Court Chambers, link): "The Government’s “right to rent” scheme requiring landlords to conduct “papers, please” checks on the immigration status of tenants comes into force today, 1 February 2016. It is hard to think of a worse example of a disproportionate policy, classically defined as a hammer being used to crack a nut."

Interview: Safe Harbour 2.0 will lose again, argues Max Schrems - "Silicon Valley doesn’t rule world. Respect laws in each country," says privacy campaigner (ars technica, link):

"Over the weekend, negotiators from the European Union's executive body and the US Federal Trade Commission worked frantically to thrash out a deal to allow transatlantic data transfers to take place. But the so-called Safe Harbour 2.0 is far from a done deal.

So how did we get here? Two men are essentially responsible: Edward Snowden and Max Schrems."

and see: The Privacy Shield: The deal on EU/US Safe Harbour data that wasn’t there (mcgarrsolicitors.ie, link)

Statewatch Analysis: ECtHR/Italy: Khlaifa judgment reveals illegal detention and collective expulsion practices in Italy’s treatment of Tunisians in 2011: Commission’s plans for readmission agreements and summary returns contravene the ECHR (pdf) by Yasha Maccanico:

This judgment outlaws much of what is being planned and implemented in the context of the EU's migration plans and especially the so-called "hotspot" approach.

The court's decision that the deportation of Tunisians amounted to a violation of Art. 4 of the 4th protocol to the ECHR and has important repercussions on the Commission's plans because readmission agreements circumvent the need for individual examination of the positions of people from certain nationalities.

What the judgment has described as a "collective refoulement" lacking the necessary safeguards is the process which is being introduced in hotspots whereby nationality appears to be the key management principle for dealing with migrants.

Further, the idea appears to be that if an agreement is in place with a non-EU state there is no need for further formalities concerning nationals of a given country.

The recent deal between Italy and Gambia mentioned in the Italian hotspots Progress report is an example of this, and it states that operative protocols are preferable to either treaties or readmission agreements in relation to the principle of "effectiveness", which shows that there is increasing intolerance of any formal limits or regulatory frameworks to mass deportations.

Another bad day for privacy: Exclusive: New European, U.S. data transfer pact imminent - sources (Rueters, link):

"European and U.S. negotiators are on the brink of clinching a new transatlantic data transfer pact which should prevent EU regulators from restricting data transfers by firms, two people familiar with the talks said on Tuesday.

The European Union and the United States have been racing to replace the previous data transfer framework called Safe Harbour. The European Court of Justice (ECJ) struck it down last year over concerns about U.S. mass surveillance, leaving thousands of companies in legal limbo.

While the new pact would still need political approval the two sides should finalize the framework on Tuesday, the sources said, a day before European data protection authorities end a two-day meeting in Brussels."

Refugee crisis: latest news from across Europe (1.2.16)

UK: Police refuse to release report into 'destroyed files' on Green peer (The Guardian, link): ""Police have refused to release the confidential report of an investigation into allegations that they improperly destroyed documents compiled on a Green party peer.

The allegations have been made by a police whistleblower who said officers destroyed documents recording the political activities of Lady Jones to prevent her obtaining them in what he called a “highly irregular” cover-up.

Sgt David Williams wrote to Jenny Jones outlining the allegations, in a letter that was disclosed in the Guardian in January. The peer asked the Metropolitan police to give her a copy of the report on the outcome of the investigation.""

NORWAY: Disarming the police: "Norway has announced that the armament of its police officers, which began in 2014, will cease "as soon as possible" after it was no longer deemed necessary.

A raised terror threat level saw officers ordered to carry firearms at all times in November 2014, but the measure was described as temporary.

Norway’s police force has traditionally been trained in the use of weapons in an emergency situation, but firearms were previously locked away in patrol vehicles rather than being carried by officers."

See: Norway to disarm its police force after officers ordered to carry guns for just one year (The Independent, link)

UNDERCOVER POLICING: Interview, public meeting and new play

Interview: ‘We wanted to make the police accountable’ (The Justice Gap, link): "In 2011, Kate Wilson was one of eight women who sued the Metropolitan Police after the women discovered that they had been deceived into long-term relationships with undercover police officers. At the High Court earlier this month, the police withdrew their defence in respect of Wilson’s claims for deceit, assault, misfeasance in public office and negligence. Despite that apparent victory, the women’s struggle for state accountability continues."

London, 26 February 2016: Public meeting: Big Brother – Who’s Watching You? Mark Jenner meeting (COPS, link): "The Special Demonstration Squad’s Mark Jenner was deployed using the name Mark Cassidy.

The Undercover Research Group’s extensive profile of Jenner shows the range of issues he spied on – anti-racist campaigns, trade unions, Irish republicanism and Hackney community campaigns. He chaired meetings, wrote articles and instigated action.

Why was he there?"

Useful timeline to accompany new play in Nottingham about the undercover policing scandal: A timeline of lies and deceit (Nottingham Playhouse, link): "This February, our world premiere production of Any Means Necessary opens, inspired by real-life events. Kefi Chadwick was inspired to write the play after reading news stories about the exposure of an undercover police officer living amongst activists in Nottingham back in 2012...

The revelations in this case date as far back as 1968, affecting many people, and having ramifications across the justice system. Familiarise yourself with the facts behind this national scandal with our timeline of key events below. You don’t need to know all of this information to enjoy Any Means Necessary, but it’s a fascinating insight into the impact of this story."

UK: House of Commons Science and Technology Committee: Investigatory Powers Bill: technology issues (pdf): "Previous attempts to legislate in this area have met with criticisms over the lack of consultation with communications service providers (CSPs) on matters of technical feasibility and cost. In our inquiry we have focused on technological aspects of the draft Bill in order to identify the main technological issues involved and how these might affect the communications businesses that will have to collect data and cooperate with the security authorities.

We have not addressed the need or otherwise for the communications monitoring provisions or whether they are proportionate to the threats they are intended to deal with. We anticipate that these matters will be covered by the Joint Committee established to scrutinise the draft Bill as a whole."

And see: UK: Draft Investigatory Powers Bill: official documents (Statewatch Database)

U.S. and Europe Fail to Meet Deadline for Data Transfer Deal (The New York Times, link): "American and European officials failed on Sunday to reach an agreement over how digital data — including financial information and social media posts — could be transferred between the two regions.

Despite last-minute talks, the two sides remained far apart on specific details required to approve a comprehensive deal. Without an agreement, companies that regularly move data, including tech giants like Google and nontech companies like General Electric, could find themselves in murky legal waters."

UK: Call for time limit on detention of immigrants as report urges "urgent reform" (Herald Scotland, link): " Campaigners have called on the Government to impose a time limit on the detention of immigrants after a highly critical review found that too many were being locked up.

Former prisons ombudsman Stephen Shaw also raised concerns about breaches of human rights laws in cases that suggested "problems with attitude and cynicism" on the part of staff.

There were some 3,000 people being detained - a mixture of asylum seekers, ex-offenders and those who had been deemed not to have a legal right to remain in the UK - while the number of people detained "at one time or another during the year" exceeds 30,000, Mr Shaw said."

Full report: Review into the Welfare in Detention of Vulnerable Persons - A report to the Home Office by Stephen Shaw (pdf)

And see: Response to Shaw review: UK must end 'unacceptable' use of indefinite immigration detention (Amnesty, link)

January 2016

UPDATED: Refugee crisis: Council proposals on migrant smuggling would criminalise humanitarian assistance by civil society, local people and volunteers - and in Greece: NGOs and volunteers have to "register" with the police and be vetted

The Council of the European Union is preparing plans to equate the concept of migrant "smuggling" with migrant "trafficking" and potentially criminalise or marginalise NGOs, local people and volunteers who for months have been welcoming and helping refugees and migrants arriving in the EU.

See: The
Draft Council conclusions on migrant smuggling (LIMITE doc no 5481-rev-2-15, pdf)

Steve Peers, Professor of Law, University of Essex, comments:

"'This document fails to acknowledge the crucial role played by Greek islanders and volunteers in rescuing and caring for migrants who cross the Mediterranean in unsafe vessels. The EU should amend its anti-smuggling laws as soon as possible to confirm that no-one giving such vital humanitarian assistance should ever be penalised for it'.

Tony Bunyan, Statewatch Director, comments:

"The Council proposals would criminalise NGOs, local people and volunteers who have worked heroically to welcome refugees when the EU institutions did nothing, while other plans would incorporate those who "register" with the police to work under state structures. In a humane and caring EU it should not be necessary to "register" to offer help and care to people who have suffered so much already.

Civil society, volunteers and all those throughout the EU who are seeking to help refugees as they arrive having fled from war, persecution and poverty should unite to oppose the Council's plans. Criminalising NGOs and volunteers working to help refugees has no place in a democracy worthy of the name."

Refugee crisis: latest news from across Europe (30-31.1.16)

Denmark wants to watch everything you do online (The Local.dk, link)

"The Danish telecommunications industry has expressed concerns over the Justice Ministry’s plan to reintroduce so-called internet session logging, the registration of residents’ online activity....

Denmark scrapped the practice in 2014 and the European Court of Justice has previously ruled that the blanket retention of internet usage is illegal, but the ministry not only plans to bring back session logging, it will go even further than before"

Refugee crisis: latest news from across Europe (28.1.16)

EU: Frontex: Africa-Frontex Intelligence Community Joint Report: 2015 (pdf):

"Reducing irregular migration through an efficient asylum and visa system is likely to be difficult to implement in the case of West Africa. This is suggested by the current visa rejection rates and the profiles of rejected visa applicants and irregular migrants detected in the Mediterranean."

Council of Europe: Combating international terrorism while protecting Council of Europe standards and values (pdf):

"The fight against terrorism must be reinforced while ensuring respect for human rights, the rule of law and the common values upheld by the Council of Europe. It should be underlined that combating terrorism and protecting Council of Europe standards and values are not contradictory but complementary.

Parliaments and governments of member States are therefore called upon to ensure the necessity and proportionality of measures taken in their fight against terrorism."

And see Report page (link)

IRELAND: Independence of Data Protection Commissioner questioned (Irish Times, link):

"Digital Rights Ireland confirms legal papers to be served on Government in coming days. The High Court is to be asked to make a referral to the EU’s highest court for a ruling on whether Ireland’s Data Protection Commissioner is truly independent under EU law.

Legal papers will be served on the State and the Attorney General in the coming days claiming the State has acted in breach of EU law by failing to ensure the regulator exercises its role independently.

The action is being taken by the privacy advocacy group Digital Rights Ireland (DRI), which took a successful case to the Court of Justice of the European Union in 2014 overturning the entire regime under which the telephone and internet data of over 500 million European citizens were retained for up to two years. "

European Parliament: Trade secrets: EP/Council deal backed by Legal Affairs Committee (Press release, pdf):

"A provisional deal on new rules to help firms win legal redress against theft or misuse of their trade secrets was endorsed by the Legal Affairs Committee on
Thursday. The deal, struck by Parliament and Council negotiators in December, now needs to be endorsed by Parliament as a whole as well as the Council of Ministers."

Greece targeted by Commission - Schengen suspension process started : European Commission: Commission discusses draft Schengen Evaluation Report on Greece (pdf)

Migration and Home Affairs Commissioner Dimitris Avramopoulos said: "The draft Schengen evaluation report on Greece looks at the management of the external border during an evaluation visit of Member States and Commission experts in Greece in November. The report shows that there are serious deficiencies in the management of the external border in Greece. We know that in the meantime Greece has started undertaking efforts towards rectifying and complying with the Schengen rules. Substantial improvements are needed to ensure the proper reception, registration, relocation or return of migrants in order to bring Schengen functioning back to normal, without internal border controls...."

Tony Bunyan, Statewatch Director comments: "Commissioner Dimitris Avramopoulos is seeking to make a scapegoat out of Greece when nearly all the other Schengen Member States have failed to act on pledges for aid funds, pursued legally dubious reception procedures, registration, relocation or return of migrants - and the Commission has failed to act" See: Refugee crisis: Statistics: September 2015 ongoing: Latest Commission figures, published 25.1.16. Very little has changed:

POLAND: Right to Privacy Infringed by New Polish Police Act (Liberties.eu, link): "A new act on police action fails to fulfill its intended purpose and instead expands surveillance powers and restricts citizens' rights to privacy and legal recourse."

Refugee crisis: latest news from across Europe (26.1.16)

EU: Europol report: Changes in modus operandi of Islamic State terrorist attacks Review held by experts from Member States and Europol on 29 November and 1 December 2015 (pdf):

"There is no concrete evidence that terrorist travellers systematically use the flow of refugees to enter Europe unnoticed. A real and imminent danger, however, is the possibility of elements of the (Sunni Muslim) Syrian refugee diaspora becoming vulnerable to radicalisation once in Europe and being specifically targeted by Islamic extremist recruiters....

There is no evidence however of IS-financing networks in existence. Despite third party reporting suggesting the use of anonymous currencies like Bitcoin by terrorists to finance their activities, this has not been confirmed by law enforcement..." [emphasis added]

UK: These are the questions the Hillsborough jury has to answer (Liverpool Echo, link): "The jurors will consider whether the 96 were unlawfully killed... Coroner Sir John Goldring began his summing up of the case this morning and told the seven women and three men who make up the jury that they would be given a general questionnaire, with 14 sections, to complete."

EU-USA: DATA PROTECTION AGREEMENT: Senate Panel Reschedules Vote on Judicial Redress Act (22.1.16, link):

"The Senate Judiciary Committee announced today they would vote on the Judicial Redress Act next Thursday, three days before American and European negotiators reach a crucial deadline in their bid to strike a new data-transfer pact. The bill is seen as crucial to negotiators’ ability to reach that deal.

The committee was set to consider the measure, H.R. 1428, yesterday, but opted to delay that vote at the request of Sen. Orrin Hatch (R-Utah). The committee will now vote on it during their next executive business meeting. If negotiators from the U.S. and the European Union do not reach a new pact by Jan. 31, European authorities may begin prosecuting companies for transferring data."

How a Small Company in Switzerland Is Fighting a Surveillance Law — And Winning (The Intercept, link): "As of November, 14 countries had passed new laws bequeathing more power to intelligence agencies to spy...."

EU: Joint Statement following the High-Level Political Dialogue between the EU and Turkey (pdf)

"Turkey and the EU believe that there is a need to exert huge effort to address the refugee crisis and irregular migration. They discussed the implementation of the Joint Action Plan which was activated at the 29 November EU-Turkey Summit. Measures by Turkey to further improve the socio-economic situation of Syrians under temporary protection, such as the adoption of legislation on granting them legal access to the labor market, were welcomed. Turkey exerts outstanding efforts so far to accommodate the more than two and a half million Syrians currently in Turkey. The need to achieve further results in stemming the influx of irregular migrants and in fighting criminal smuggling networks was underlined. Turkey and the EU agreed to step up their cooperation to reinforce the interception capacity of the Turkish Coast Guard and acknowledged the importance of maintaining a system of coordinated reporting on migration and refugee flows."

More documentation, news and analysis: Refugee crisis: latest news from across Europe (25.1.16)

UNDERCOVER POLICING: Pressure Intensifies on Inquiry to Include Scotland (Campaign Opposing Police Surveillance, link): "The Pitchford public inquiry into undercover policing is still limbering up and defining its terms, so it’s unclear how trustworthy it will be. One of the major sticking points is that it is limited to deeds done by officers of English and Welsh forces whilst in England and Wales.

The 13 known officers – less than 10% of the true total – worked in 17 other countries. Most of them worked in Scotland. When we say “worked”, we mean doing what the Metropolitan Police themselves describe as being 'a violation of human rights, an abuse of police power… abusive, deceitful, manipulative and wrong.'

If this is what we know already, we can be sure there is more to come. To underline that point, the officer newly exposed last week, Carlo Neri, was also active in Scotland."

See also: Profile: New Scottish police chief Phil Gormley linked to #spycops scandal (Undercover Research Group, link)

HUNGARY: States of emergency: Hungarian government seeks new powers: list of 30 measures

The Hungarian government is preparing new emergency powers through changes to the country's consititution that could be adopted with a two-thirds parliamentary majority made up of ruling party Fidesz and the far-right party Jobbik. An opposition party has translated into English a list of some 30 powers that the government would acquire through its proposed changes.

EU: Moving On: One Year Alarmphone (pdf, 7MB): "Everything is possible, everything can be transformed by strong social movements! Through our Alarm Phone project and during this incredible year of successful struggles for the freedom of movement, we learned this lesson once again.

(...)

The different contributions in this brochure reflect on many remarkable experiences made by Alarm Phone members in the project’s first year of existence. Most of its articles were composed by working groups or individual members of our transnational network and are thus reflective of the decentralised character of the Alarm Phone and its collaborative approach. We have grown into a network of more than 100 activists who belong to various groups, have multiple backgrounds, and live in cities all over Europe, northern Africa and elsewhere."

See: more documentation, news and analysis: Refugee crisis: latest news from across Europe (25.1.16)

UK: RACISM, POLICING AND CRIMINAL JUSTICE: Dangerous associations: Joint enterprise, gangs and racism (Centre for Crime and Justice Studies, link): "This study examines the processes of criminalisation that contribute to unequal outcomes for young Black, Asian and Minority ethnic people. It has been written by Patrick Williams and Becky Clarke of Manchester Metropolitan University.

The research draws on a survey of nearly 250 serving prisoners convicted under joint enterprise provisions. It tracks the complex process of criminalisaiton through which black and minority ethnic people are unfairly identified by the police as members of dangerous gangs."

The key findings cover the following:

1. Establishing foresight: Making associations to support JE prosecutions
2. The ‘gang’ as a racialised signifier of association
3. Challenging associations: A disconnect between racialised gangs and serious violence

See: Key findings (pdf) and the full report: Dangerous associations: Joint enterprise, gangs and racism (pdf)

EU: New European police centre to fight terrorism (The Local, link): " A new European counter-terrorism centre opening this month will improve information-sharing among national police forces whose performance is under scrutiny after the jihadist attacks in Paris in November, the director of Europol has told AFP.

"It establishes for the first time in Europe a dedicated operation centre," Britain's Rob Wainwright said in an interview at the World Economic Forum in Davos, Switzerland."

The centre will be officially launched at the informal meeting of Justice and Home Affairs Ministers in Amsterdam today and tomorrow (25 and 26 January), where national ministers will again discuss how to increase the sharing of information and intelligence on counter-terrorism amongst national law enforcement authorities.

More information on the new body: The European Counter-Terrorism Centre: proposed powers and information systems (Statewatch News Online, December 2015) and: Europol's press release: Europol’s European Counter Terrorism Centre strengthens the EU’s response to terror (pdf)

Refugee crisis: latest news from across Europe (23-24.1.16)

EU: Informal Justice and Home Affairs Ministers, Amsterdam, 25-26 January 2015

- Programme (pdf)

- Discussion Paper European Border and Coast Guard (pdf)

"Border control is necessary to prevent illegal immigration and crossing of the borders by persons who pose a threat to the public order or security of MS or the Schengen area."

The paper puts on the table key issues in the creation of the European Border and Coast Guard Agency: a) the power of the Agency to carry out "vulnerability assessments" and require a Member State to undertake improvements - this Decision would be binding and b) "The right to intervene in case of a situation at the external border requiring urgent action".

- Discussion Paper on counter terrorism (pdf) Asks what steps are needed to increase information sharing between agencies and EU Member States and whether the "local approach" is one way forward?

- Discussion Paper on tackling cybercrime (pdf)
-
Discussion Paper on the European Forensic Science Area 2020 (pdf)

Refugee crisis: latest news from across Europe (22.1.16)

FRANCE: Prime Minister calls for "total, global and ruthless" war on terror

French Prime Minister Manuel Valls has said that the war on terrorism must be "total, global and ruthless," and that the French state of emergency should last "as long as the threat is there".

UK: For fsck's SAKKE: GCHQ-built phone voice encryption has massive backdoor – researcher (BBC News, link): "The UK government's official voice encryption protocol, around which it is hoping to build an ecosystem of products, has a massive backdoor that would enable the security services to intercept and listen to all past and present calls, a researcher has discovered.

Dr Steven Murdoch of University College London has posted an extensive blog post digging into the MIKEY-SAKKE spec in which he concludes that it has been specifically designed to "allow undetectable and unauditable mass surveillance."

He notes that in the "vast majority of cases" the protocol would be "actively harmful for security.""

See: Dr Murdoch's blog post: Insecure by design: protocols for encrypted phone calls (Bentham's Gaze, link): "The MIKEY-SAKKE protocol is being promoted by the UK government as a better way to secure phone calls. The reality is that MIKEY-SAKKE is designed to offer minimal security while allowing undetectable mass surveillance, through the introduction a backdoor based around mandatory key-escrow. This weakness has implications which go further than just the security of phone calls."

WORLD ECONOMIC FORUM: KILLER ROBOTS: 40 countries are working on killer robots and there’s no law to say how we use them (The Next Web, link): "Artificial intelligence experts have come together at the World Economic Forum in Davos to discuss the future – or lack of – for autonomous killer robots.

Despite calls for a ban made by people like Tesla’s Elon Musk last year, Sir Roger Carr, the chairman of British weapons manufacturer BAE, said that 40 countries are currently working on this tech, including the United States."

Video: What If: Robots Go to War? (World Economic Forum, link): "Remarkable advances in artificial intelligence may soon have implications for the future of warfare. What if autonomous weapon systems replace both soldiers and generals?

Join an in-depth discussion that explores the possible, plausible and probable impacts of artificial intelligence on defence systems."

UK: Tracked by MI5 to PC World: How judges and Theresa May deemed London minicab driver ‘very highly probably’ an Al Qaeda courier (The Bureau of Investigative Journalism, link): "A London minicab driver who arrived in Britain from Afghanistan as an unaccompanied minor 12 years ago is now highly likely to be an Islamist extremist and a threat to national security, judges have ruled.

The 27 year old, known only as M2, had his British citizenship stripped by Theresa May in 2014 after being tracked by MI5 but re-entered the UK just months later. He is currently living in a west London flat under special bail conditions.

He had appealed the Home Secretary’s decision but judges at the Special Immigration Appeals Commission (Siac) have now ruled that under the civil burden of proof, it is “very highly probable that [he] is an Islamist extremist” who has “engaged in terrorist related activities” by acting as a courier for an “important” al Qaeda commander in Afghanistan."

See: Special Immigration Appeals Commission judgment: Appeal No SC/124/2014 between: M2 and The Secretary of State for the Home Department (pdf)

The Dublin Regulation: Is the End Nigh? Where should unaccompanied children apply for asylum? (EU Law Analysis, link): "Two recent developments have raised controversy as regards the EU’s Dublin III Regulation, the set of rules which determines in which Member State asylum-seekers must make their asylum application. First of all, a British judgment yesterday stated that the UK was responsible for the asylum claims by unaccompanied children in France (in particular the Calais ‘Jungle’), who have a family member in the UK. Secondly, a press report indicated that the Commission is planning to propose a fundamental overhaul of the Dublin rules in the near future. Both developments have alarmed some commentators, but thrilled others. I will examine the legal and political context of each of them in turn. "

The British court case regarding Calais: Syrian teenagers in Calais win UK asylum ruling (BBC News, link) and: Four Syrian refugees must be brought from Calais camp to Britain, judges rule (The Guardian, link)

Changes to the Dublin rules: How the EU plans to overhaul ‘Dublin regulation’ on asylum claims (Financial Times, link) and: UK lobbies against plan to scrap EU's Dublin regulations (The Guardian, link)

And see: Refugee crisis: latest news from across Europe (22.1.16)

EU: European Data Protection Supervisor: EU Institutions making steady progress (press release, pdf): "The EU institutions and bodies are making steady progress implementing data protection rules. This is the conclusion of the report published yesterday by the European Data Protection Supervisor (EDPS) on his latest stocktaking exercise.

Giovanni Buttarelli, EDPS, said: "As the EU’s independent supervisory authority, it is the EDPS’ role to keep EU institutions on track in fulfilling their data protection obligations. The institutions themselves are accountable for applying the rules and integrating data protection principles in their daily work. I am pleased that the results of our Survey confirm that they increasingly do.”"

See: EDPS report: Survey 2015: Measuring compliance with data protection rules in EU institutions (pdf)

EU: Article 29 Working Party on data protection: updated opinion on applicable law in light of Google Spain ("right to be forgotten") judgment

"In its judgement in Google Spain the Court of Justice of the European Union ('CJEU') found that the processing of personal data in question by the search engine operated by Google Inc., a US-based controller, was 'inextricably linked to', and therefore was carried out 'in the context of the activities' of Google's establishment in Spain, considering that the advertising and commercial activities of the Spanish subsidiary constituted the 'means of rendering the search engine economically profitable'. On these grounds, the CJEU concluded that Spanish law applied to the processing in question.

The implications of the judgement are broader than merely determining applicable law in relation to the operation of the Google search engine in Spain."

The opinion notes that the Google Spain judgment "confirms the broad territorial reach of Article 4(1)(a) of Directive 95/46/EC," raises the question of whether "companies having a designated 'EU headquarters'... need only to comply with one national law within the EU or also with the laws of other EU Member States in which they may also have a 'relevant' establishment," and that the judgment "does not by any means exclude the possibility of controllers having no establishment of any sort within the EU being subject to EU data protection requirements."

See: Update of Opinion 8/2010 on applicable law in light of the CJEU judgement in Google Spain (pdf)

Background: DATA SURVEILLANCE: EU court backs 'right to be forgotten': Google must amend results on request (Statewatch News Online, May 2014) and Article 29 Working Party: Opinion 8/2010 on applicable law (December 2010, pdf)

ECHR: Defamation claims against Patrick de Carolis and France 3 were upheld in breach of their right to freedom of expression (press release, pdf)

"In today’s Chamber judgment in the case of de Carolis and France Televisions v. France (application no. 29313/10) the European Court of Human Rights held, unanimously, that there had been: a violation of Article 10 (freedom of expression) of the European Convention on Human Rights.

The case concerned an accusation of defamation brought by Saudi Prince Turki Al Faisal on account of a documentary on the France 3 television channel concerning complaints lodged by families of the victims of the 11 September 2001 attacks."

See: Judgment (French, pdf)

Refugee crisis: latest news from across Europe (news and documents, 21.1.16)

EU Netherlands Council Presidency: Dutch Presidency debate: "counter growing scepticism with visible results, refugee crisis top priority (pdf):

""We must achieve concrete results and make sure they are visible to counter growing scepticism throughout Europe. (..) Keeping promises and sticking to agreements should be the new normal in Europe. A deal is a deal", said Prime Minister Mark Rutte in the kick-off debate of the Dutch Presidency in Strasbourg on Wednesday."

Prime Minister Mark Rutte may want to tell the authorities in the Netherlands that "keeping promises and sticking to agreements should be the new normal". The country still has to make available nearly 6,000 places for the relocation of refugees from Greece and Italy. So far the Netherlands has made 100 places available and has relocated 50 people: See: Member State relocation pledges (pdf)

EU privacy regulators inch towards restriction of EU-U.S. data transfers - sources (Reuters, link):

"European Union privacy regulators are leaning towards the restriction of personal data transfers to the United States because of the risk of U.S. surveillance, two sources familiar with the matter said on Wednesday.

EU data protection authorities are finalising their position on data transfers to the United States after a top EU court last year struck down the Safe Harbour system, used by thousands of businesses to easily transfer data across the Atlantic, because the data were not protected enough from any U.S. snooping."

Refugee crisis: latest news from across Europe (news and documents, 20.1.16)

Statewatch Briefing: Directive on combating terrorism
[Proposed Directive on combating terrorism to bring EU law into line with the requirements of UN Security Council Resolution 2178]:

In early December 2015, shortly after terrorist attacks on cafés and nightclubs in Paris, the Commission published its proposal for a Directive on combating terrorism. This will replace the EU's 2002 Framework Decision on combating terrorism (2002/475/JHA), which was amended in 2008 (by Framework Decision 2008/919/JHA). The EU is already a signatory to a Protocol to the Council of Europe Convention on combating terrorism, but is obliged to introduce its own criminal law provisions in line with UN Security Council Resolution 2178 (September 2014). The Commission's proposals also include further measures.

Background, Critiques and Statewatch coverage. Including official documents

What Happens to the Data Collected On Us While We Sleep (Motherboard, link):

"With the quantified self trend in vogue and wearables escalating, an alarming amount of users’ biometric data is being generated and collected, and there’s next to no oversight preventing it from winding up in the hands of data brokers and advertisers getting rich off your personal information.

We already know that the major data brokers like Acxiom and Experian collect thousands of pieces of information on nearly every US consumer to paint a detailed personality picture, by tracking the websites we visit and the things we search for and buy. These companies often know sensitive things like our sexual preference or what illnesses we have."

How to search the Internet of Things for photos of sleeping babies (Ars Technica, link):

""Shodan, a search engine for the Internet of Things (IoT), recently launched a new section that lets users easily browse vulnerable webcams.

The feed includes images of marijuana plantations, back rooms of banks, children, kitchens, living rooms, garages, front gardens, back gardens, ski slopes, swimming pools, colleges and schools, laboratories, and cash register cameras in retail stores, according to Dan Tentler, a security researcher who has spent several years investigating webcam security. "It's all over the place," he [said]"

Refugee crisis: latest news from across Europe (19.1.16)

UK: Terrorism Act incompatible with human rights, court rules in David Miranda case (Guardian, link):

"Appeal court says detention of Miranda was lawful but clause under which he was held is incompatible with European human rights convention.

A key clause in the Terrorism Act 2000 is incompatible with the European convention on human rights, the master of the rolls, Lord Dyson, has declared as part of a court of appeal judgment. His judgment came in the case of a man detained at Heathrow airport for carrying files related to information obtained by the US whistleblower Edward Snowden.

Dyson’s decision will force government ministers to re-examine the act, which has now been found to be inconsistent with European law. Dyson said that the powers contained in schedule 7 of the Terrorism Act (2000) were flawed. Schedule 7 of the Act allows travellers to be questioned in order to find out whether they appear to be terrorists. They have no right to remain silent or receive legal advice, and they may be detained for up to nine hours. “The stop power, if used in respect of journalistic information or material is incompatible with article 10 [freedom of expression] of the [European convention on human rights] because it is not ‘prescribed by law’,” the master of the rolls said."

Press release: Summary: The Queen on the application of David Miranda -v- Secretary of State for the Home Department (pdf) and Judgment: full-text (pdf)

European Parliament: Draft Report on The situation in the Mediterranean and the need for a holistic EU approach to migration (pdf). The rapporteurs will be taking amendment suggestions until 27 January. It is due for adoption in the LIBE Committee in March. and then during the Plenary vote in April.

UK: UNDERCOVER POLICE: Another spycop exposed: Carlo Neri confirmed as an undercover (Undercover Researxh, link):

"Today we can reveal that Carlo Neri, who was active in the Socialist Party between 2001 and 2005, was in reality an undercover police officer in London, mostly likely deployed by the Special Demonstration Squad.

We have been working on this case since last summer, after people who knew him came to us with their suspicions. Following a long and sometimes winding investigation we were able to identify his real name, and to locate documentation that had his occupation down as police officer at the time he was undercover."

See also: The Fifteen Questions we work with (link)

FRANCE: Encryption backdoors by law? France says 'non' (ZDnet, link):

"A proposed amendment to France's Digital Republic Bill, suggesting mandatory hardware backdoors to bypass encryption, has been rejected by the government... The French government has rejected a proposed bill that would have required hardware makers to design products that give authorities access to stored data, even if it is encrypted.

The draft bill, proposed by a right-leaning politician in the wake of the Paris terrorist attacks, would have required all tech companies to insert backdoors into devices, on the grounds that encryption should not impede a police investigation."

Refugee crisis: latest news from across Europe (18.1.16)

UK: Exclusive: See Shocking Footage of British Police Officers Attacking Peaceful Protesters (VICE, link):

"Last Thursday, two protesters were found not guilty of violent disorder and actual bodily harm against police officers, which they were accused of committing during a Cardiff Uncut protest at a bank on the 2nd of May last year. As a result of the acquittal, the CCTV footage of the event can now be released, and it tells a remarkably different story to what was presented as evidence against the two men.

The video shows police charging into the protesters, punching, kneeing, choking and hurling members of the group around the room. One defendant, 26-year-old Josh Longbottom, is held in a chokehold. In the scuffle the second defendant, Pete Simpson, aged 30, approaches his friend Josh before being picked up by the throat and slammed into the ground."

UK: Woman who was engaged to police spy sues Met over 'psychological torture' (Guardian, link):

"Complainant wants apology and list of fake names used by undercover officers, after two-year relationship with man she knew as Carlo Neri. A woman who accepted a marriage proposal from a married undercover police officer has begun legal action against the Metropolitan police, alleging that she suffered “abusive, cold-hearted, psychological torture” from his deception.

The woman, known only as Andrea, had a two-year relationship with the officer, during which time the spy told her that he wanted a baby with her but did not tell her that he already had a wife and child and was an undercover cop."

Portuguese Court Rules Ex-CIA Operative Should Serve Italian Sentence (The Wall Street Journal, link): "A Portuguese court has ruled that a former U.S. Central Intelligence Agency operative convicted in Italy for kidnapping under the U.S. rendition program should be turned over to Italian authorities to serve a seven-year prison sentence."

The background: Statewatch Analysis: State secrets in the Abu Omar case: the transatlantic relationship undermines the rule of law in cases involving human rights abuses by intelligence services by Yasha Maccanico (August 2014, pdf)

And see: Portuguese court backs ex-CIA agent's extradition to Italy (The Local, link)

EU: FENCES: Bulgaria and Macedonia

Bulgarian IntMin Hopes Fence at Border with Turkey to be Completed in March (Novinite, link): "She reminded that the fence has a length of 132.6 kilometres and is situated at the territories of three regions – Haskovo, Yambol and Burgas

The cost of the fence is BGN 60 M, with half of the sum having been absorbed until now.

According to her, the new facility is better than the one which had been constructed by the army during the government of Plamen Oresharski.

The barbed wire of the new facility is thicker, it has three rows instead of the existing two and the fence has warranty service of five years."

European refugee crisis: Macedonia builds 10ft-high razor-topped fence along Greek border (International Business Times, link): "The Republic of Macedonia is just weeks away from completing a 10ft-high razor-topped fence along its border with Greece to stop refugees and migrants entering the Balkans. (...)

Armed security teams from six other Eastern European nations will help Macedonia patrol its southern border. This underpins the idea that Macedonia's fence would operate as a bottleneck to slow the refugees down..."

And see: Refugee crisis: latest news from across Europe (18.1.16)

The draft EU Directive on Combating Terrorism: Much Ado About What? (EU Law Analysis, link): "The slow strangulation of the transnational public sphere continues. The publication last month of a draft EU Directive on Combating Terrorism is the Union’s initial (legislative) response to recent murders by Islamic State fighters in Europe and elsewhere. The draft Directive will recast the Framework Decision on Combating Terrorism, first adopted in 2002 and amended in 2008, and will further broaden the impact of EU law in national criminal law as regards terrorism. (...)

Taken as a whole, the Directive continues the ongoing restriction of various mobilities – of finance, information, and people – in the name of counter-terrorism. This restriction has been the hallmark of international efforts since 11 September 2001. There is an inevitable risk for critiques of such action: on the one hand it appears to be restrictive of civil liberties across Europe and on the other hand its operational usefulness is unclear. Can such a law be both draconian and ineffective? Undoubtedly. As with any EU measure the proof will be in the transposition and implementation."

See:

UK: Refusal and revocation of British citizenship for dishonest conduct (Free Movement, link): "In another reminder that British citizenship can be refused on the basis of past dishonest conduct we have the case of R (on the application of Rushiti & Anor v Secretary of State for the Home Department [2014] EWHC 3931 (Admin). This one dates back a few months but I’m afraid I only just found it in my drafts folder. It involves two linked cases, both of which are further examples of Albanians entering the UK and pretending to be Kosovar, eventually obtaining immigration status then applying for British citizenship. (...)

I originally drafted this post just as I was reviewing Eric Fripp’s The Law and Practice of Expulsion and Exclusion from the United Kingdom and was rather surprised to learn that there were zero recorded instances of citizenship deprivation on the basis of dishonesty between 1983 and 2009, but in 2009 there were 30 such decisions. All or almost all are said by the authors to be Albanian/Kosovar cases. Since then, the numbers seem to have been steadily increasing.

The deprivation of citizenship — the exclusion of perceived undesirables from our polity — is one of the most important trends of our time."

See: Judgment: Rushiti & Anor v Secretary of State for the Home Department [2014] EWHC 3931 (November 2014, pdf)

UK: Majority Of Boroughs Fail To Meet Stop And Search Arrest Targets (Londonist, link): "Two thirds of London boroughs are failing to meet arrest targets set under the Met's stop and search guidance, police data shows.

It means that across the capital hundreds of thousands of people are being unnecessarily searched by the police — mostly black people, who are 11.5 times more likely to be stopped than their white counterparts."

See: Metropolitan Police: Stops and Searches Monitoring Mechanism, November 2015 (pdf)

Refugee crisis: latest news from across Europe (27 news items and developments (16-17.1.16)

EU: Council of the European Union:
Checks at external borders, Combatting terrorism, GAMM & Visa Code facilitation and readmission

- Draft Regulation of the European Parliament and of the Council amending Regulation No 562/2006 (EC) as regards the reinforcement of checks against relevant databases at external borders (LIMITE doc no: 5208-15, pdf)

"On entry and on exit, persons enjoying the right of free movement under Union law shall be subject to the following checks...

Use of advanced passenger data for border control purposes A delegation, supported by certain other delegations, proposed to include provisions on the use of advance passenger data, available pursuant to Council Directive 2004/82/EC on the obligation of carriers to communicate passenger data, for the purpose of border control. The approach suggested would allow that certain checks could be carried out on the basis of such information received by the border control authorities in advance of the arrival to the border of the persons concerned, with the understanding that the result of the consultations would be verified at the border control..."

- Proposal for a Directive of the European Parliament and of the Council on combating terrorism and replacing Council Framework Decision 2002/475/JHA on combating terrorism - Compilation of replies (LIMITE doc no: 5201-15, pdf) Detailed Member State positions:

"Further to the invitation of the Presidency for written contributions concerning the proposal for a Directive on combating terrorism, which was extended at the meeting of the Working Party on Substantive Criminal Law on 7 and 8 January 2016, delegations will find in the annexes to this note a compilation of the replies provided by the Member States..."

And: COR 1 (pdf): "Portugal also wants to express its discontent in relation to the working plan presented by the Presidency, which provide for seven (7) meetings on the negotiation of this draft proposal for the months of January and February of 2016, two of which in the Working Group DROIPEN and the remaining five (5) in the Friends of the Presidency format (Fop)." [emphasis in original]

See: EU to gold plate international anti-terrorism obligations with "urgent" new law (Statewatch database) and Commission: Proposal for a Directive on combating terrorism and replacing Council Framework Decision 2002/475/JHA on combating terrorism (link)

- High-Level Working Group on Asylum and Migration (LIMITE doc no: 13426-15, pdf) including: GAMM UPDATE (19 October 2015 - Annex 17 pages). "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)."

- Connection between the facilitations set out in the Visa Code and readmission (LIMITE doc no: 15507-15, pdf) Contains three options including:

"Introduction of a recital which states that visa facilitation with third countries - beyond the rules provided for in the Visa Code - is reserved only for nationals of third countries that have concluded a readmission agreement."

European Commission: Commission Recommendation of 11.1.2016 for a voluntary humanitarian admission scheme with Turkey (COM 9490-15, pdf)

"When deciding on the number of persons to be admitted under the scheme the overall numbers of displaced persons staying in Turkey, including the impact on these numbers of the sustainable reduction of numbers of persons irregularly crossing the border from Turkey into the European Union should be taken into account, alongside the processing capacity of the UNHCR."

Policing with accountability or policing with impunity? (IRR, link) by Liz Fekete:

"Media stigmatisation of poor multicultural neighbourhoods of Europe as strongholds of Islamist terrorism and organised crime is lending legitimacy to a more coercive, more militarised style of policing....

Across Europe, with its different policing traditions (Greece, Spain and Portugal, for instance, only emerged from dictatorship in the mid-1970s and elements of authoritarian policing linger on), squads that had by necessity to have specialist roles were not supposed to operate above or outside the law. But now something very different seems to be happening across Europe. There is a danger that we are sleepwalking into a more military-style of policing (in the first instance being tried on poor, multicultural communities) which affords an effective impunity for its officers far more serious and undermining of democracy, than anything we have hitherto known."

EU: The Discreet Charm of Passenger Data: Big Data Surveillance Coming Home (PRIO, link):

"Several governments see in the mass-surveillance of passenger data the key tool of counter-terrorism. These data are generally known as PNR – Passenger Name Records, and their potential for law enforcement has been discussed at least since the 1990s. Now European Union (EU) debates about the creation of a European PNR scheme seem settled once and for all. Others have already provided legal analyses of the measure to come. Here the goal is different: I aim to show how urgent it is to start researching the political dimensions of this security program right when all politics fade away."

EU: Bulgarian Passenger Name Record (PNR) law on the way

"Bulgaria’s National Assembly approved on January 14 2016 the first reading of legislation that will empower the State Agency for National Security to be sent airline passenger data.

The change is in line with European efforts as part of the fight against terrorism, Bulgarian National Radio said.

"...The bill specifies the objectives for which data can be processed – the prevention, detection, prosecution, prosecution of terrorism or other serious crimes data that is included in the passenger name record, and for the purposes of border control." (emphasis added). Source: Bulgarian MPs give first-reading approval to air passenger data being given to State Agency for National Security (The Sofia Globe, link)

Border control is not covered by the EU PNR Directive. It would thus appear that Bulgaria is "gold-plating" its national implementing law. See: final "compromise" text of the EU-PNR Directive (14670/15, pdf)

Bulgaria previously received funding from the European Commission - prior to the passing of the EU Directive - to set up a national PNR system. See: Travel surveillance: PNR by the back door (Statewatch News Online, October 2014)

And: The Discreet Charm of Passenger Data: Big Data Surveillance Coming Home (PRIO, link): "I aim to show how urgent it is to start researching the political dimensions of this security program right when all politics fade away."

UK: ARMING THE POLICE: Metropolitan Police to get hundreds of extra armed officers

"The Metropolitan police is to increase the number of its armed officers by 600, with a third on standby to respond to a mass terrorist attack.

"The Met’s commissioner, Sir Bernard Hogan-Howe, said the initiative was a direct response to the Paris attacks, in which 130 people were killed by gunmen and suicide bombs across the French capital."

See: Met police adds 600 armed officers in response to Paris attacks (The Guardian, link) and: Met police to train 600 armed officers to counter terrorism (The Voice, link)

Meanwhile, an agreement has been reached between the Civil Nuclear Constabulary (CNC) and regular police forces:

"Routinely armed police force the Civil Nuclear Contabulary (CNC) has entered into a collaboration with Home Office forces to provide firearms backup should chief contables request it.

The development comes after the force's second in command said an "armed surge capability" could be created to help protect the public in times of national emergency."

Police forces' collaboration agreement with routinely armed constabulary (Police Oracle, account required)

And see an analysis of policing across Europe amidst the media stigmatisation of poor, multicultural neighbourhoods: Policing with accountability or policing with impunity? (Institute of Race Relations, link)

EU: Refugee crisis: "If Schengen collapses, it'll be start of end European project" (European Parliament article, pdf): "Migration commissioner Dimitris Avramopoulos warned MEPs the refugee crisis was "getting worse" during a meeting organised by the civil liberties committee on 14 January. He said the EU's unity was at stake amid an increase of "populism and nationalism". The commissioner also called on member states to deliver on their own promises and show solidarity to each other: "If Schengen collapses, it will be the beginning of the end of the European project".

See: Speaking points of Commissioner Avramopoulos from the meeting with the LIBE committee (European Commission press release, pdf)

And: Cash Crisis: If Schengen Goes, the Euro is Finished, Warns Merkel (Sputnik, link): "The success of Europe's single market and currency is dependent on the survival of the Schengen Area, German Chancellor Angela Merkel said on Monday, remarking that the EU is "vulnerable" due to a lack of control of migration."

More stories: Refugee crisis: latest news from across Europe (15.1.16)

EU: Council of the European Union: Document digest: internal border controls, "common risk indicators" at the external borders, organised crime action plans, human trafficking report

A selection of EU documents: Member States' replies to a questionnaire on the temporary reintroduction of border controls; Frontex's efforts with Europol to support the introduction of "common risk indicators" at the EU's external borders; an overview of Operational Action Plans (OAPs) on organised crime; and a report by Europol on human trafficking in the EU.

EU: European Parliament study: The context and legal elements of a Proposal for a Regulation on the Administrative Procedure of the European Union's institutions, bodies,
offices and agencies
(pdf): "This study was commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the JURI Committee. It provides for an analysis of and comments on the proposal for a Regulation on EU administrative procedural law prepared by the project team supporting the Working Group on Administrative Law and endorsed by the latter Working Group. The purpose of this Regulation is fostering compliance with the general principles of EU law, reducing the fragmentation of applicable rules, improving transparency and allowing for simplification of Union legislation by establishing a concise basic set of procedural provisions common to multiple policies."

European Court rules bosses can monitor employees' private messages on WhatsApp and other messaging services (Independent, link): "Companies have the right to monitor their workers’ online private messages, a court has ruled.

The European Court of Human Rights made the ruling on a case involving a Romanian engineer who was fired after using Yahoo Messenger not only to communicate with professional contacts, but also to send messages to his fiancée and brother."

Recommended deading: Is Workplace Privacy Dead? Comments on the Barbulescu judgment (EU Law Analysis, link): "When can an employer read an employee’s e-mails or texts, or track her use of the Internet? It’s an important question for both employers and employees. A judgment this week in Barbulescu v Romania addressed the issue, but unfortunately has been greeted by press headlines such as ‘EU court allows employers to read all employee e-mails’. This is wrong on two counts: it’s not a judgment of an EU court, but of the separate European Court of Human Rights; and the ruling does not allow employers to read all employee e-mails without limitation."

ECHR: Press release (pdf) and Judgment: CASE OF BÃRBULESCU v. ROMANIA (Application no. 61496/08) (pdf)

EU: Refugee crisis: latest news from across Europe (30 news stories, documents and developments 13-14.1.16)

European court's blow to Hungary could draw similar privacy complaints (euractiv, link): "The blow dealt to Hungary's surveillance practices this week by the European Court of Human (ECtHR) Rights could usher in a wave of similar rulings from around the EU. On Tuesday (12 January) the ECtHR ruled that Hungary's surveillance of private individuals on anti-terror grounds was illegal. The court took issue with the lack of parliamentary oversight and means for judicial redress in the surveillance programme."

See: ECHR Press Release: Hungarian legislation on secret anti-terrorist surveillance does not have sufficient safeguards against abuse (pdf)

EU: POLAND: European Commission - Fact Sheet: College Orientation Debate on recent developments in Poland and the Rule of Law Framework: Questions & Answers (link)

EU commission puts Poland on the hook (euobserver, link): "The European Commission has triggered rule-of-law monitoring of Poland, in an unprecedented step, prompted by constitutional and media reforms. “We have decided that the commission will carry out a preliminary assessment under the rule-of-law framework,” Frans Timmermans, the Dutch EU commissioner, who handles the dossier, said in Brussels on Wednesday (13 January), after internal talks. Timmermans used a softer tone than Ziobro (Photo: European Commission) It’s the first time the commission has used the instrument, which is designed to prevent breaches of EU law and prinicples."

EU: Ombudsman's finding of maladminiration by European Commission in failing to release documents concerning GCHQ: Decision in case 2004/2013/PMC on the European Commission's handling of an access to documents request relating to the surveillance of the internet by UK intelligence services (link):

"The Ombudsman is not persuaded that the Commission has adequately justified its decision to refuse public access to the remaining undisclosed documents. As it has neither disclosed these documents nor provided adequate reasons for refusing public access to them, it is clear that the Commission has rejected the Ombudsman's recommendation in relation to these documents. Furthermore, the Ombudsman notes that the Commission appears not to have taken any action as regards its investigation since 2013. The Ombudsman finds, therefore, that the Commission's actions in this case amount to maladministration and, in fact, to serious maladministration given the importance of the particular issue for EU citizens."

EU-POLAND: Leaked: Timmermans letter to Warsaw (FT Brussels Blog, link): "For days, EU officials had been signaling they would only issue a strongly-worded démarche to Warsaw for its new laws that critics argue undermine democratic norms. But on Wednesday, the European Commission took the unexpected step of moving forward with a formal “rule-of-law procedure” to determine whether the two new laws – one dismissing the management of state TV and radio broadcasters, the other limiting the powers of the constitutional court – pose a “systemic threat” to European norms."

See: Letter to Poland (pdf)

PRESS RELEASE: Special Branch Files Project website launches on WEDNESDAY 13th JANUARY 2016

The Special Branch Files Project is a web archive of declassified files focusing on the surveillance of political activists and campaigners in the UK, going live on Wednesday 13th January 2016.

In the early years of the Freedom of Information Act, journalists obtained various Special Branch documents from the Metropolitan Police and the Home Office. Unfortunately this openness was short-lived. The authorities now routinely refuse to disclose Special Branch files, including information which they previously released....

Journalists and researchers who received these files in the past generously shared them with the Special Branch Files Project for publication so that they can be accessible to the public.

The documents reveal the intricate details recorded by Britain's secret police about a range of protest movements in this country; from those protesting against the Vietnam War in 1968, to the Anti-Apartheid Movement, Campaign for Nuclear Disarmament and the Wapping industrial dispute of 1986-87. Other files relate to the psychological support available for undercover police officers infiltrating activist groups.

UK: Files detailing police spying operations against protesters published online (Guardian, link): "Files from Special Branch show intricate police surveillance of trade unionists and campaigners against nuclear weapons, war, and racism."

HUNGARY-ECHR: Press Release: Hungarian legislation on secret anti-terrorist surveillance does not have sufficient safeguards against abuse (pdf)

"The case concerned Hungarian legislation on secret anti-terrorist surveillance introduced in 2011.

The Court accepted that it was a natural consequence of the forms taken by present-day terrorism that governments resort to cutting-edge technologies, including massive monitoring of communications, in pre-empting impending incidents.

However, the Court was not convinced that the legislation in question provided sufficient safeguards to avoid abuse. Notably, the scope of the measures could include virtually anyone in Hungary, with new technologies enabling the Government to intercept masses of data easily concerning even persons outside the original range of operation. Furthermore, the ordering of such measures was taking place entirely within the realm of the executive and without an assessment of whether interception of communications was strictly necessary and without any effective remedial measures, let alone judicial ones, being in place."

and Judgment (pdf) See paras 68-89

Background: Szabo and Vissy v. Hungary - No Secret Surveillance Without Judicial Warrant (link)

FRANCE: More than 11.000 Roma migrants forcefully evicted in France in 2015 (ERRC, link):

" In total 11.128 people have been subjected to forced evictions in France in 111 living areas. More than the half of those living in slums have been forcibly evicted by the authorities during 2015 and in five of the cases people left their living place because of fire. The Ligue des droits de l’Homme and European Roma Rights Centre denounce an undignified, inhuman, and degrading situation regarding Roma migrants in France."

EU: "TOTAL TERRORISM SOLUTION" STUNS EUROPEAN PARLIAMENT - Hoax highlights failures of military, security approaches to terrorism (Yes Lab, link): "Today in the European Parliament in Brussels, a "defense and security consultant" (actually Andy Bichlbaum of the Yes Men, working together with Greek MEP Stelios Kouloglou) presented an industrial solution to terrorism" which—unlike all other military and security solutions—is guaranteed to actually work"

See: Total terrorism solution talk (Yes Lab, link) and video:Kouloglou & Yes Men - Anti-terrorism Hoax - EU Parliament (YouTube, link)

EU-POLAND: EU puts Poland in dock over press, judiciary (France 24, link): "The European Union puts a defiant Poland in the dock on Wednesday over changes to the state media and constitution, in a move which could expose Warsaw to punitive measures for breaching democratic standards.

The European Commission, the executive arm of the EU, will hold a formal debate on an issue which has strained relations with the new right-wing government of one of the 28-nation bloc's largest members."

Background: Poland’s President Approves Controls on State Media, Alarming E.U. Leaders (The New York Times, link) and Press freedom group urges tough EU stance on Poland (Radio Poland, link)

EU: TAXE: GUE/NGL member sues European Commission over document access (link): "A legal study commissioned by GUE/NGL finds that the European Commission violated EU law when not disclosing documents, such as its minutes of the European Council's Codeof Conduct Group on business taxation, and by imposing restrictions on MEPs' access to documents."

UK: Centre for Crime and Justice Studies: Joint Enterprise report launch: Manchester & London 25, 26 Jan (link):

"The Centre will be launching a new research report, ‘Dangerous associations: Joint enterprise, gangs and racism’, written by experts from Manchester Metropolitan University, that raises serious concerns about the impact of Joint Enterprise prosecutions on Black, Asian and Minority ethnic communities. Focusing on Manchester, Nottingham and London, the report will reveal new findings that give strong grounds for concluding that black people are systematically discriminated against in joint enterprise prosecutions."

News Digest: Round-up of news stories from across the EU (13.1.16)

UNHCR: Lesvos island snapshot - 11 Jan 2016 (pdf)

- Total arrivals in Lesvos (01 Jan 2015 - 11 Jan 2016): 512,470
- Total arrivals in Lesvos during Jan 2016 12,452
- Average daily arrivals during Jan 2016 1,132

and Serbia: Inter-Agency operational Update: 21 December 2015 - 3 January 2016 (pdf)

"According to official statistics, 577,995 refugees and migrants expressed intention to seek asylum in the Republic of Serbia in 2015 as at 31 December.... The practice of denying entry to refugees and migrants from countries other than Syria, Afghanistan and Iraq continued. As of 01 January, maximum 940 asylum-seekers are allowed to board per train, and a maximum of four train departures daily are provided from Šid in Serbia to Slavonski Brod in Croatia.".

- Recorded daily arrivals in West Balkans (1 October - 7 January, pdf). It is notable that arrivals in Hungary greatly decrease in mid-October 2015

GREECE-ITALY: Appeal Council rejects Italian extradition request for all five students (tovima.gr, link): "The five students participated in the "No Expo" demonstration in Milan that took place in May 2015... Following its previous two decisions, the Appeal Court convened on Monday and decided to reject the extradition request from Italian authorities for five students, who participated in a demonstration in Milan in May 2015."

Background: European Arrest Warrant: Greek students face extradition to Italy on Fascist-era "destruction and looting" charges (Statewatch News Online, 4.1.16) and the same article in Dutch: Griekse demonstranten dreigt uitlevering aan Italië door EAW (Global Info, link)

EU: Journalists and whistleblowers protected under new Trade Secrets Directive (euractiv, link): "The final version of the EU's draft Trade Secrets Directive provides greater legal protection for journalists and whistleblowers who act in the public interest"

See: Prposed: DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (pdf)

Germany to purchase Israeli-made UAV (link): "According to German media reports, German Defense Ministry favors Israeli-made unmanned aerial vehicle over US designed one."

EU and US divisions over data protection threaten agreement (euractiv, link): "Persistent disagreements between the United States and the European Union over the treatment of personal data threaten to undermine international standards." and see: EU data protection rules affect everyone, say legal experts (Computer Weekly, link): "The EU's new data protection rules will impact every entity that holds or uses European personal data both inside and outside of Europe."

GREECE: Tension at the first session of the Golden Dawn trial for 2016 (tovima.gr, link):

"The mother of the murdered anti-fascist activist complained of psychological war being waged against her... During the testimony of police officer Dimitris Bagios, the mother of murdered activist Pavlos Fyssas, Magda Fyssa, came face-to-face with defendants Giorgos Patelis and Konstantinos Korkovilis outside the courtroom.

According to Mrs. Fyssa and her brother, who helped her in, the two were laughing at her and being sarcastic. Mrs. Fyssa was reportedly inconsolable and in tears, complaining that after killing her son, they “went on a holiday”. The court president temporarily suspended the trial."

EU-TURKEY: Implementing the joint October 2015 "action plan" on refugees: visa restrictions and work permits

VISA RESTRICTIONS: Turkey’s new visa law for Syrians enters into force (Hurriyet Daily News, link) and Hundreds of Syrians Are Turned Back at Beirut Airport (The New York Times, link)

WORK PERMITS: Turkey plans to introduce work permits for Syrian refugees, minister says (Reuters, link)

Overview: The EU and Turkey’s ‘Action Plan’: a bad deal for the world’s most desperate (Rory O'Keeffe, link)

More detail and other stories and documents: Refugee crisis: latest news from across Europe (11.1.16)

USA: UNITED NATIONS: Guantánamo Bay, 14 years on – Rights experts urge the US to end impunity and close the detention facility (OHCHR, link): "A group of human rights experts from the United Nations and the Organization for Security and Co-operation in Europe (OSCE) have urged the United States Government to put an end to impunity for the human rights and humanitarian law violations committed in the so-called ‘global war on terror’, and to promptly close down the Guantánamo Bay detention facility."

Open Letter to the Government of the United States of America on the occasion of the 14th anniversary of the opening of the Guantánamo Bay detention facility (pdf):

"In order to fully implement these obligations, the United States Government must end impunity for the violations of human rights and international humanitarian law committed as part of the so-called “war on terror.” Everyone implicated, including at the highest level of authority, must be held accountable for ordering or executing extraordinary renditions, secret detention, arbitrary arrest of civilians and so-called “enhanced interrogation techniques” in the name of combatting terrorism."

AMNESTY: Guantánamo: The USA must turn its back on international symbol of injustice (Amnesty International, link): "Guantánamo remains open because politicians are exploiting the public’s genuine fear of terror attacks. Instead of identifying effective and legal measures to prevent attacks, members of Congress are busy playing politics with the lives of dozens of men who could die behind bars without ever facing a trial,” said Naureen Shah, Director of Amnesty International USA's Security and Human Rights Programme.

... There are currently 104 detainees held in the US detention center in Guantánamo Bay, Cuba -- 45 of whom have been cleared for transfer yet remain behind bars."

See also: Sami al-Hajj: Remembering Guantanamo (Al Jazeera, link): "Very few detainee cases have ever gone to trial. And today, there are still innocent people – people who have been told that they pose no threat – in Guantanamo. It is an inhumane place; an insult to humanity."

EU: SCHENGEN, SECURITY AND COUNTER-TERRORISM: Ongoing developments

"Before putting the area of freedom, security and justice on trial – as some politicians have done – it is certainly important to objectively examine the manner in which the workings of this beast have been confronted by the reality of terrorism. Whether it has to do with controls carried out at borders (Section 1 of this article), or cooperation between national police forces (Section 2), it must be noted that the primary responsibility in this case does not rest with the mechanisms created by the European Union. In contrast, the failure to prevent the rather predictable attacks now creates the question of sharing intelligence between the competent national intelligence agencies, a matter which does not fall within the Union’s competences (Section 3)." See: The Paris Terrorist Attacks : Failure of the EU’s Area of Freedom, Security and Justice? (ELSJ, link):

And: recent Council documents on counter-terrorism plans in the EU and in the 'Western Balkans' (Albania, Bosnia and Herzegovina, Macedonia, Moldova, Montenegro, Serbia, Turkey, Kosovo):

UK: DRONES: UK should prepare for use of drones in terrorist attacks, says thinktank (The Guardian, link): "Commercially available drones have the potential to be converted into flying bombs capable of hitting targets such as nuclear power stations or the prime minister’s car, a report by a security thinktank has warned.

“Drones are a game changer in the wrong hands,” warns the lead author of the report by the Oxford Research Group’s Remote Control Project."

Full report: Hostile drones: the hostile use of drones by non-state actors against British targets (pdf): "Ever-more advanced drones capable of carrying sophisticated imaging equipment and significant payloads are readily available to the civilian market. Unmanned aerial vehicles (UAVs) currently present the greatest risk because of their capabilities and widespread availability, but developments in unmanned ground (UGVs) and marine vehicles (UMVs) are opening up new avenues for hostile groups to exploit."

For more on drones in the UK see the Statewatch/Drone Wars UK report: Back from the battlefield: domestic drones in the UK

EU: PEGIDA demonstrations in Germany, Belgium and soon the Netherlands

German police fire water cannons to disperse protesters amid clashes in Cologne (Deutsche Welle, link): "Police in the western German city of Cologne have broken up a protest by the "anti-Islamization" group PEGIDA. Water cannons were used to disperse demonstrators protesting after the New Year's Eve attacks on women."

And see:

GREECE-ITALY: Protesters interrupt play ahead of court decision on student's extradition (Ekathimerini, link): "About 30 people forced their way into Athina theater in central Athens on Sunday night and interrupted a performance to protest against the extradition of five Greek students to Italy.

The demonstration took place despite the fact that Greece’s Appeals Court has rejected Italy’s extradition request for four of the five students, who are accused of being involved in rioting at the Milan2015 Expo.

The court is due to decide the fate of the fifth student on Monday."

Background: European Arrest Warrant: Greek students face extradition to Italy on Fascist-era "destruction and looting" charges (Statewatch News Online, 4.1.16) and the same article in Dutch: Griekse demonstranten dreigt uitlevering aan Italië door EAW (Global Info, link) and Thessaloniki court rejects Italian extradition request for Greek students (Ekathimerini, link)

EU: Refugee crisis: latest news from across Europe (15 news stories, documents and a major development 9-10.1.16)

EU: Council of the European Union: Belgium: Deficiencies in police cooperation and Refugees: Relocation mechanism

- Commission proposal for a: COUNCIL RECOMMENDATION on addressing the deficiencies identified in the 2015 evaluation on the application of the Schengen acquis in the field of police cooperation by Belgium (LIMITED COM 571, pdf) The evaluation:

"HEREBY RECOMMENDS: Belgium should::

1. continue its efforts regarding the connections of Police and Customs Cooperation Centres (PCCCs) to the Single Point of Contact (SPOC) via SIENA;

2. continue its efforts to giving wide access to international databases for searches on persons and objects to the local police on a need-to-know basis, and in the same line extending the use of mobile terminals and granting access through them to national police databases;

3. finalise full operational implementation of the Swedish Framework Decision;

4. exploit, while following the example of the plans within the BENELUX Treaty, where from September 2015 a working group is going to work on a more practical and integrated framework for hot pursuits, the possibilities of an enhanced bilateral agreement with France to improve the effectiveness of hot pursuits with this country;

5. improve, while the revision of the entire Belgian IT system is an opportunity to create the basis for a more systematic approach to statistics, the collection of statistics on cross-border operations (in particular on hot pursuits) carried out at all borders."

- Relocation mechanism: Proposal for a Regulation of the European Parliament and of the Council establishing a crisis relocation mechanism and amending Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third country national or a stateless person (LIMITE doc no: 14951-15, pdf):

Lots of Member State reservations including from Greece: "The number of persons to be relocated shall not exceed 40% of the number of applications lodged with that Member State in the six months preceding the adoption of the delegated act." and:

"The delegations having general or scrutiny reservations reiterated their positions and underlined their wish for a thorough assessment of the functioning of the emergency relocation schemes and stressed the need to address the shortcomings in their implementation. Some delegations recalled their preference for addressing this proposal as part of a broader package on asylum.

The following delegations entered or confirmed their general scrutiny reservations: AT, BE, BG, DE, EE, EL, LV, FI, FR, PT and SI.

CZ, ES, HU, LT, PL and SK have general reservations on the substance of the proposal"

- As above: Relocation: State of play (14513-15, pdf)

"During these discussions, a number of delegations raised general scrutiny reservations and reiterated their positions according to which they consider that it would be preferable to evaluate the functioning of the temporary emergency relocation schemes, adopted by the Council on 14 and 22 September3, before the discussion on the proposal on the crisis relocation mechanism continues. They are of the view that shortcomings in the implementation of the relocation decisions, including the functioning of the hotspots and the prevention of secondary movements, should be addressed as a matter of urgency." [emphasis added]

UK: Hillsborough families say appointing The Sun's Trevor Kavanagh as media watchdog 'beggars belief' (The Independent, libk): "He played a key role in the tabloid’s accusations that Liverpool fans had urinated on rescuers during the 1989 disaster "

GERMANY-NSA: Germany restarts joint intelligence surveillance with US (DW, link): "Germany's BND intelligence agency is once again working with its US counterpart on Middle East surveillance. Collaboration had been suspended after it was revealed the US was spying on European officials and firms."

EU: Refugee crisis: latest news from across Europe (16 news stories, documents and a major development 8.1.16)

EU: Council of the European Union: Working Party on Information on 9 December 2015 (LIMITE doc no:15372-15, pdf) Includes "Fight against terrorism: state of play on strategic communications and counter-narrative policies"

EU: Council of the European Union: EEAS: Security and Development & European Defence Agency

- European External Action Service: Capacity building in support of security and development - Implementation Plan - Non-paper by the EEAS and Commission services (LIMITE doc no: 13869-15, pdf): Detailed document including:

- Assessment of funding tools for capacity building in support of security and development

- Information on attempts at "enhancing coordination", for example on a new "strategic framework" based on "the security-development nexus, principles of human security... local ownership and... a holistic approach"

- A detailed section examining "pilot cases" in relation to security and development: Mali, Somalia and the African Peace Security Architecture,

- Information on "EU projects in the field of security capacity building in other parts of the world" - information on projects in the eastern and southern "neighbourhoods", the Sahel, Iraq, the Indian Ocean, the Democratic Republic of Congo, Latin America and the Caribbean

- Guidelines for the work of the European Defence Agency in 2016 (LIMITE doc no: 13796-15, pdf):

Main topics for the EDA: Air-to-Air Refuelling, Remotely Piloted Aircraft Systems (drones), Governmental Satellite Communications and Cyber Defence. Other issues include "hybrid threats" and the ongoing preparatory action for an EU military research programme.

ITALY-GREECE: Thessaloniki court rejects Italian extradition request for Greek students (ekathimerini.com, link):

"A Thessaloniki appeals court has upheld an appeal by two Greek students against their extradition to Italy where they are alleged to have wreaked damage during the Expo 2015 protests."

See: European Arrest Warrant: Greek students face extradition to Italy on Fascist-era "destruction and looting" charges

In early January a Greek court will decide whether or not to extradite to Italy five students who face charges including "destruction and looting" in relation to demonstrations against the Milan Expo in May 2015. It is believed to be the first time that European Arrest Warrants (EAWs) have been used to try to extradite protesters.

EU: European Data Protection Supervisor (EDPS): Priorities 2016: Completing the Data Protection Framework (pdf) and detailed: Annex (pdf)

"The EU-US transatlantic dialogue, and in particular the need for a legal framework ensuring transborder flows of data in the "post-Safe Harbour" context, will be one of the main focus of the EDPS. Following the CJEU judgment in Schrems and the ensuing Commission Communication, the EDPS intends to provide comments on a Commission Implementing Decision for a new arrangement for transatlantic data transfers. We will also take position on proposals to be tabled by the Commission regarding a Commission Implementing Decision to replace Article 3 (on the limitation of powers of the DPA) of all existing adequacy decisions."

and see: EDPS issues Guidelines on the use of eCommunications and Mobile Devices (pdf)

UK: Officer claims Met police improperly destroyed files on Green party peer (Guardian, link):

"Whistleblower David Williams alleges his unit got rid of records to prevent Jenny Jones from discovering extent of its monitoring of her political activities. A police officer working for a secretive Scotland Yard intelligence unit that monitors thousands of political campaigners has alleged that police improperly destroyed files they had compiled on a Green party peer in a “highly irregular” cover-up.

Whistleblower Sgt David Williams said the unit got rid of the records to prevent Jenny Jones from discovering the extent of the police’s monitoring of her political activities. Lady Jones is also deputy chair of the committee that supervises the Metropolitan police.

In a personal letter to Jones, which Williams said he had written as a last resort, the officer said: “I didn’t become a police officer to monitor politicians or political parties, nor to pay casual disregard to policy and procedure.”"

Police raid on New Zealand journalist ruled unlawful in case which has implications for the UK (Press Gazette, link):

"A New Zealand journalist has successfully stopped police viewing his computer records and notepads in a case which could have implications for the UK. Nicky Hagar sued the New Zealand government and police after a raid on his home.

Police targeted him because he was given emails hacked from the computer of blogger Cameron Slater which were used as part of his book Dirty Politics. They revealed how government figures used Slater to damage their opponents.Instead of tackling the issues raised by Hagar, police raided his house and seized his computers and various documents in a bid to uncover the source who had hacked Slater's computer.

In recent years UK police have made widespread use of their powers to identify confidential journalistic sources by: raiding journalists' homes, using production orders to obtain confidential emails from news organisations and secretly obtaining the telecoms data of news organisations and journalists."

G4S suspends workers at UK youth centre over allegations of unnecessary force (Reuters, link):

"Global security company G4S said on Friday it had suspended seven members of staff over allegations of unnecessary force and improper language at a British training centre for young offenders.

The company, which runs the Medway Secure Training Centre in Rochester, Kent, on behalf of the government, said it had referred the allegations to British police, local authorities and the Ministry of Justice."

EU: Refugee crisis: latest news from across Europe (27 news stories, documents and commentaries 6-7.1.16)

IRELAND: Corrib gas protesters did State some service (Irish Times, link): "Actions secured important safety improvements to the project and helped create a much needed national debate about the management of our natural resources...As gas is flared into the skies above north Mayo, it is worth reflecting on a project that has been one of modern Ireland’s greatest scandals, a stunning fiasco in planning, economics, environmental protection and the abuse of civil liberties. Far from it being just about energy supply, jobs and development, the Corrib gas project cuts to the core of this republic and asks big questions about how the country is run."

See also: Corrib protesters hit out at Government as first gas comes ashore (independent.ie, link): " Protesters against the contentious Corrib pipeline have criticised the Government after gas began flowing for the first time.Shell confirmed that gas came ashore from the field off the west coast yesterday. The company said the "first gas" flow was an important milestone.

However, activists against the project believe the Government "slipped" the consent to Shell during the quiet festive period. Energy Minister Alex White granted final approval for the pipeline earlier this week. Shell to Sea, the group who have campaigned against the project for several years, described the approval as "desperate and disgraceful""

UK: House of Commons Select Committee: International Development Committee report: Syrian refugee crisis (pdf): "we are very concerned about the plight of unaccompanied refugee children in Europe, particularly as reports suggest they are falling prey to people traffickers. We urge the Government to come to a quick decision on the proposal by Save the Children as this is a matter of utmost urgency. We would welcome a decision by the Government in favour of resettling 3,000 unaccompanied children, as recommended by Save the Children, and in addition to the current commitment to resettle 20,000 refugees from the region."

The report which shows a terrible flaw in Cameron's refugee policy (link): " The problem is that neither of these policies – helping in the region and relocating especially vulnerable refugees at home – are being properly delivered. It's a classic example of simplistic political messaging crashing into complex political realities. Today's international development select committee report lays it out in black and white. Behind the rhetoric and the bluster, it offers a very good account of why Cameron's promises on refugees are running into problems..... Now that the UK is participating in airstrikes in Syria, those access challenges are obviously heightened. As the parliamentary report says:

"The recent escalation of military efforts will have an impact on conditions faced by civilians in Syria, and may well make it more difficult for DfID and other agencies to deliver humanitarian aid.""

EU-USA: Time to get serious about Europe’s sabotage of US terror intelligence programs (Washington Post, link): "The intelligence tools that protect us from terrorism are under attack, and from an unlikely quarter. Europe, which depends on America’s intelligence reach to fend off terrorists, has embarked on a path that will sabotage some of our most important intelligence capabilities. This crisis has been a long time brewing, and up to now, the US has responded with a patchwork of stopgap half-solutions."

EU: Refugee crisis: latest news from across Europe (12 news stories and commentaries 5.1.16)

Preventing the return of Europe's authoritarian right (euobserver, link):

"The rule of law framework should be applied to Poland and it should have already been used in Hungary.

At heart, these new right-wing parties are not the robust pro-people forces they claim to be. They are afraid of the people and skew the system to make sure their positions become immune to democratic challenge. In short, they look much like the old authoritarian right..... Europe cannot look the other way when authoritarian rule is raising its head in a member state."

Dutch government backs strong encryption, condemns backdoors (DailyDot, link)

"The Netherlands government issued a strong statement on Monday against weakening encryption for the purposes of law enforcement and intelligence agencies.

The move comes as governments in the United Kingdom and China act to legally require companies to give them access to wide swaths of encrypted Internet traffic. U.S. lawmakers are also considering introducing similar legislation.

The Dutch executive cabinet endorsed “the importance of strong encryption for Internet security to support the protection of privacy for citizens, companies, the government, and the entire Dutch economy,” "

And see: The court case that could sink safe harbor - How the fight over emails stored on Microsoft’s Irish servers could derail a vital transatlantic data transfer pact (politico.eu, link)

EU in 2016: Reports of death exaggerated? (euobserver, link): "Some pundits began writing EU obituaries already in 2009. They said the sovereign debt crisis would kill the euro, destroy public trust in EU institutions, and catapult far-right and far-left parties into power."

EU: Refugee crisis: latest news from across Europe (15 news stories and commentaries 3-4.1.16)

EU: European Arrest Warrant: Greek students face extradition to Italy on Fascist-era "destruction and looting" charges

In early January a Greek court will decide whether or not to extradite to Italy five students who face charges including "destruction and looting" in relation to demonstrations against the Milan Expo in May 2015. It is believed to be the first time that European Arrest Warrants (EAWs) have been used to try to extradite protesters.

Council of the European Union: Outcome of proceedings of the EU - US Justice and Home Affairs Ministerial Meeting (Washington, 13 November 2015) (LIMITE doc no: 14735, pdf):

"the US expressed disappointment with the recent decision of the European Court of Justice ("Schrems ruling") as protection of privacy interests was a common goal for both parties and a strong priority of the Obama administration.... It expressed concern that the collateral consequences would be a limitation of US law enforcement on US soil...

The EU side also informed of its legal obligation to impose restrictions by April 2016, if the US did not lift its visa requirement for five EU Member States.

Europol made comments on increasing criminal activities in connection to the migration crisis, in particular migrant smuggling, but had not seen evidence on a systematic link to terrorism." [emphasis added]

EU: Council of the European Union: Counter-terrorism, Mutual evaluation and C-T information sharing

- Amending the Framework Decision on terrorism: Proposal for a Directive of the European Parliament and of the Council on combating terrorism and replacing Council Framework Decision 2002/475/JHA on combating terrorism - Comparison table (LIMITE doc no: 15279-15, pdf):

"delegations will find attached in the Annex a table outlining the new elements introduced by the Commission proposal compared to the existing EU rules in this area." (Column 2)

- Presidency's initiative for the improvement of the follow-up to the evaluation mechanism foreseen in Joint Action 97/827/JHA (LIMITE doc no: 15538-15, pdf):

Member States agree to continue using an old legal instrument - a Joint Action adopted in June 1997 (under the Maastricht Treaty) which allows EU Member States to "mutually" evaluate each other without any reference to parliaments:

"to mutually evaluate the application and implementation at national level of the European Union and other international instruments and undertakings in criminal matters as well as ensuing national law, policies and practices".

and see: Member State responses: Compilation of replies to the questionnaire (LIMITE doc no: 13082-15, 72 pages, pdf)

- Information sharing on Counter-Terrorism (LIMITE doc no: 14911-15, pdf): "Information on the percentage of persons checked against the relevant databases on all EU external borders is available only for some MS, and it is unsatisfactory: between 1,5 and 34 % of persons enjoying the right to free movement have been checked (Switzerland checks 100 %)."

POLAND: EU takes unprecedented step against Poland over rule of law (euractiv, link):

"The European Commission announced on Sunday (3 January) that it would discuss the state of the rule of law in Poland after the country's hard-right government pushed through changes to the judiciary and media over the Christmas break. The unprecedented move by the European Commission is the first step in a potentially-punitive process aimed at buttressing democracy and rights in the 28 EU states."

UK: Learning from history: The Greater London Council: The GLC Story 1981-1986 (Radio recording link) Opens with a rap song "Kill, kill the Police Bill" produced by the GLC Police Committee Support Unit. The PCSU serviced the GLC Police Committee, produced in-depth reports, ran a bi-monthly newsletter "Policing London", funded local issue campaigns and 20 local police monitoring groups in London boroughs - two continue today in Southall and Newham. See: Website: A Greater London: The GLC story from 1981-1986

EU: Refugee crisis: latest news from across Europe (16 news stories and commentaries 31.12.15 to 2.1.16)

France quarrels over revoking citizenship of terrorists (AP, link): "The push by France's Socialist government to revoke the citizenship of convicted terrorists with dual nationality after the Paris attacks has turned into a harsh political dispute, with the far right applauding the move while some on the left express indignation at what they call a divisive measure.

French President Francois Hollande submitted the proposal three days after the Nov. 13 attacks in Paris that left 130 dead, in a shift toward a hard line on security. The idea appears to have strong support in French public opinion. Several polls over the past week suggest that 80 to 90 percent of the French are in favor of the measure.... Opponents of the measure consider it would create two classes of citizens — dual nationals who could lose their citizenship and others who cannot — in opposition to the principle of equality set out in France's constitution."

See also: Fury as Hollande calls to strip terrorist passports (The Local.fr, link): "President Francois Hollande's call for convicted terrorists to lose their French citizenship if they have a second nationality has triggered uproar among those who see him adopting right-wing ideas that recall dark moments in France's history. Ever since the French Revolution in the late 1700s, "le droit du sol" ("the right of the soil") has been a fundamental principle, giving everyone born in the country the right to citizenship."

UK: Most UK police forces have disproportionate number of white officers (Guardian, link):

"Figures paint picture of police service in which people from ethnic minorities have less chance of jobs than white counterparts."

And see: The racial gap in recruitment for every police force in the UK (Guardian, link)

EU: LOTS OF MISSING DOCUMENTS: Schengen Information System (SIS II): Council of the European Union: SIS II - 2014 Statistics (7925-rev-2-15, pdf): A total of 981,211 blank documents are recorded as being stolen, lost or misappropriated - 615,112 from Italy, followed by Germany with 165,354 and then Greece with 109,170. See page 12.

"Alerts concerning issued documents such as passports, identity cards, driving licenses, residence permits and travel documents which have been stolen, misappropriated, lost or invalidated are most prominent in the database, making up 77.81% of the total,"


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