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July

Fearful Europe steps up security (Guardian, link)

EU: Data retention is no solution - petition The EU is discussing proposals for the mandatory retention of traffic data for phones, faxes, e-mails, mobile phones (inc location) and internet usage for all communications by everyone. Supporting organisations: IRIS, France, BIT Internet B.V., Netherlands, Bits of Freedom, Netherlands, FIfF, Germany, Electronic Frontier Finland ry, Finland, Netzwerk Neue Medien, Germany Luna.nl, Netherlands, SIUG, Switzerland, Stop1984, Germany, CPSR-ES, Spain, Privacy International, UK, Statewatch, UK, GreenNet, UK, Digital Rights, Denmark and 6,514 individuals (29.7.05)

UK: Anti-Muslim backlash intensifies, 28 July 2005 The anti-Muslim backlash begins and Muslim backlash continues IRR News Service (links)

Special: EU: Schengen III Treaty signed in Prum, Germany on 27 May 2005. The participating states are: Germany, Spain, France, Luxembourg, Netherlands, Austria and Belgium. The Treaty includes:

- automated access by law enforcement agencies to DNA, fingerprints and vehicle registration
- public order and protests
- armed "sky marshals" on flights
- joint deportation flights

Schengen III Treaty (English, pdf)
Schengen III Treaty (Spanish, pdf)
Schengen III Treaty (French, pdf)
Schengen III Treaty (German, pdf)
plus in German: Annex 1, Annex 2 and Statements

Commentary: Some remarks on Schengen III

EU: Communique from the French Ministry of the Interior on the deportation of 40 people to Kabul 25 from France and 15 from Britain "escorted" by police officers from both countries (pdf) Europe should be ashamed of itself – Expulsions to Kabul and Joint charter flight (GISTI, link)

IRA statement in full, in which its leadership ordered members to stop the armed campaign (link BBC)

EU: Draft European Commission proposal on data retention (pdf, thanks to EDRI). This is a a copy of the so-called 'Interservice Consultation', which is circulated for comment within the Commission. The final, possibly amended version is expected to be published some time in August 2005. The Commission proposal is intended to replace the initiative in the Council of the European Union by five member states, see on the latter: UK-EU: Call for mandatory data retention of all telecommunications

EU: European Commission proposal for a Regulation on information on the payer accompanying transfers of funds for the purposes of the prevention, investigation, detection and prosecution of money laundering and terrorist financing.(pdf)

UK: ID Card Bill as amended in Committee (House of Commons)

UK: Amnesty International statement: Full circumstances into fatal shooting must be investigated (link)

Democracy at the crossroads? Counter-terrorism and the state: International forum, Pisa, Italy on 29-30 September 2005

UK: London police shot wrong man (link to BBC News) The man shot dead by police on Friday 22 July was Jean Charles de Menezes, a 27 year old Brazilian national who had lived in London for three years, working as an electrician - police say that he had nothing to do with the bombings on 7 July or the attempted bombings on 21 July 2005. The shooting will be investigated by the Independent Police Complaints Authority (formerly the Police Complaints Authority), see: Police Complaints Authority Review of shootings by police in England and Wales from 1998 to 2001 (January 2003, pdf) See also: Guidelines (1987) ACPO Manual of guidance on police use of firearms (January 2003, pdf) Devon and Cornwall Police Guidelines (15 July 2005, pdf)

The Statewatch searchable database has been updated and now holds 23,570 records (news, features, analyses and documentation): Search database

Combining cryptography with biometrics effectively by Feng Hao, Ross Anderson, John Daugman Computer Laboratory, Cambridge University, UK (link)

UK: Prison Ombudsman: Mistreatment of detainees: Inquiry into allegations of racism and mistreatment of detainees at Oakington immigration reception centre and while under escort (pdf)

UK: Association of Chief Police Officers (ACPO) calls for new terrorism measures:

- extend powers to detain people for questioning from 14 days to 3 months
- new offence of "indirect incitement" will "capture the expression of sentiments which do not amount to direct incitement"
- extend provisions in the Council of Europe's Convention on the Prevention of Terrorism which make the provision of training an offence to "receiving training" (this was discussed but rejected in the CoE negotiations)
- extend the role of MI5 (the Security Service) to enable it to operate outside of the UK and British Territories
- create a new offence of "inappropriate internet usage"
- have powers to "attack identified websites"

Full details in: ACPO proposals (pdf)
See also: Home Secretary announces new terrorism laws

UK: Information Commissioner's Annual Report 2005 (pdf)

UK: Home Secretary announces new terrorism laws (text of statement). These will include tackling preparatory acts and training. The most contentious proposal would introduce a criminal offence of "indirect incitement" which the Home Secretary says will cover "unacceptable behaviour" and will:

"target those, who while not directly inciting, glorify and condone terrorist acts knowing full well that the effect on their listeners will be to encourage them to turn to terrorism"

Another initiative launched by the government is to return poeple to third countries with whom the UK will sign a "memorandum of understanding" on their treatment, the first being with Jordan. Amnesty International UK said that: Jordan assurances not worth the paper they are written on (press release). See also: UK: Egyptian national “unlawfully detained” after intervention by Prime Minister (16.11.04)

UK: The anti-Muslim backlash begins and Muslim backlash contiues IRR News Service (links)

UK: Home Office: consultation document on: Selective Admission: Making Migration Work for Britain

Statewatch report: The exceptional and draconian become the norm by Tony Bunyan (updated 19 July 2005). The emerging counter-terrorism regime: G8 and EU plans for “special investigative techniques”, the use of "intelligence information" in court and new “preparatory” offences

The European Commission has produced two Communications: The first is on the control of explosive material: COM 329 (it is a bit of a mystery why this obvious and necessary measure has taken nearly four years since 2001 to produce), the second, more contentious, would extend "hot pursuit" and surveillance in the Schengen Convention: COM 317

Statewatch European Monitor: Special issue on the implementation of the Hague Programme

Statewatch bulletin: Contents of latest issue: vol 15 no 2

UK: The Campaign for Freedom of Information has published a Users Guide to the Freedom of Information Act (link)

German Constitutional court revokes national regulation implementing European Arrest Warrant

EU: Biometrics - from visas to passports to ID cards

- The EU does not have the powers to introduce biometrics for national ID cards
- The ICAO standard only requires a "facial image"
- USA not intending to introduce biometrics on its passports - only a digitised normal passport photo

UK: Jaya Sacca, a long term peace activist was remanded in Lewes Prison (July 14th). On Wednesday 13th July he was "arrested" and handcuffed by members of Guardian Security hired by arms dealers EDO MBM for allegedly stepping onto the road which constitutes the "no protest zone" (Indymedia, link)

Italy: Police obtain wholesale access to encrypted e-mails and internet discussion groups used by activists

Greater surveillance of German Muslims? (link to DW-world DE )

Report on: Global Enforcement Regimes Transnational Organised Crime, International Terrorism and Money Laundering from the Transnational Institute (pdf)

Transparency vs data protection? The European Data Protection Supervisor (EDPS) presents guidelines for good practice as to both rights (pdf) EDPS press release (pdf)

UK: The anti-Muslim backlash begins IRR News Service (link)

G8 Legal Support Group - monitoring and helping those arrested (link). During the protests against the G8 over 700 people were detained or arrested by the police, often overnight, and around 366 people have been arrested and charged.

EU: Special meeting of the Justice and Home Affairs Ministers on 13 July 2005: Press release (pdf)

EU: UK Presidency proposes that all ID cards have biometrics - everyone to be fingerprinted

Tony Bunyan, Statewatch editor, comments: "This proposal, with others, means that everyone living in the EU is going to be finger-printed and their details held on an EU-wide database. At a time of great tragedy it is all the more important that we act with care and do not bequeath to future generations a society where every movement and every communication is under surveillance. Whether a democratic way of life could survive in such a climate is doubtful."

EU policy “putsch”: Data protection handed to the DG for “law, order and security” - it is not "relevant" for citizens to know how and what information about them is exchanged

UK-EU: Call for mandatory data retention of all telecommunications The draft proposal on the table is:

1. legally flawed and open to legal challenge
2. confused as to its scope - is it to deal with terrorism or crime in general?
3. requires service providers to retain data they have never collected before
4. the cost and technical capacity of service providers is unknown
5. the value in terms of tackling terrorism is highly questionable
6. it will store data on all the communications of everyone in the EU, suspect or not
7. there are no data protection provisions nor any external supervision

EU: UK Presidency programme on asylum and immigration (pdf)

European Parliament: MEPs reject the EU-Canada agreement on transfer of personal data (pdf)

EU: Report from the European Union Committee of the UK House of Lords on: The Constitutional Treaty: Role of the ECJ: Primacy of Union Law - Government Response and Correspondence (pdf)

EU-US issued a Summit Declaration in Washington on 20 June 2005 entitled: Working together to promote democracy and support freedom the rule of law and human rights worldwide (pdf) It opens with the joint commitment to "accountable and representative government, the rule of law and respect for human rights as enshrined in the Universal Declaration of Human Rights". Tony Bunyan, Statewatch editor, comments: "Given the onward march of free market economics and the war on terrorism one might wonder if these leaders have ever read the 1948 Declaration", see: Universal Declaration of Human Rights (pdf)

G5 meeting, Evian, 4-5 July 2005 - Operational Conclusions G5 members are: France, Germany, Italy, Spain and UK

UK: Biometric passports will do little to stop terrorism

Statewatch analysis: Revising EU border control rules: A missed opportunity? (pdf). Professor Steve Peers, University of Essex, seeks to untangle the discussions between the Council of the European Union and the European Parliament (EP) on the abolition of internal border checks and external border controls. This measure was subject to co-decision by the Council and the EP and was passed by the parliament at 1st reading on 23 June 2005. While the EP has had some success in getting a number of its more modest amendments accepted more radical changes have either been rejected by the Council or not tabled at all by the EP: "The net result is that there will still be risks in particular of breaches of international human rights law and refugee law concerning asylum-seekers who arrive at the external borders of EU Member States, as well as the human rights of demonstrators and protesters."

UK: asboconcern: Lobby the Home Office, 5–6.30pm Wednesday 20 July: Stop this asbo fever (pdf) See also Statewatch's ASBOwatch monitoring the use of Anti-Social Behaviour Orders throughout the UK

France: The punishment machine "La machine à punir" collection, under the direction of Laurent Bonelli and Gilles Sainati, eds

European Commission publishes proposal for an: EU Agency for Fundamental Rights (pdf) Impact Assessment Report (pdf) See also: Statewatch submission to European Parliament's Committee on Civil Liberties (LIBE) hearing: Does the EU need a “Fundamental Rights Agency”? Tony Bunyan, Statewatch editor, looks at the proposal and wonders if it will be just another “figleaf” for inaction

Bristol Indymedia server seized