EU: Complaints by football fans rejected
01 September 1995
A series of complaints lodged by Liberty with the Comité Permanent de Contrôle des Services de Police (the Belgian Police Complaints Authority) on behalf of two Welsh football fans has been rejected (see Statewatch, vol 3 no 2 & vol 4 no 5). The report from the Comité to Liberty's legal officer dismissing the complaints by the Boore brothers, Gwilim and Rhys, hinges on the allegations that Rhys Boore and another football fan were arrested because: "Due to the police report, they disturbed public order during the identification procedures" (at Gare centrale railway station in Brussels on 17 November 1992). The report goes on to say that:
"It is particularly difficult to examine and control the facts, not only because they occurred several years ago, but also because massive actions in the field of public order generally do not lead to a profusion of official documents."
The saga began back in November 1990 when the brothers went to support the Welsh football team in Luxembourg. They and 30 others fans were taken off a train at Arlon on the Belgian-Luxembourg border by armed Belgian police. Their baggage was searched and their names, addresses and dates of birth listed. The Comité report confirms that: "The list was sent to the UK by the Luxembourg authorities". The list had been sent to the National Criminal Intelligence Service (NCIS) in the UK. In response to a data subject request, under the Data Protection Act, the NCIS records had recorded that they and others had: "Caused disorder en route." (see Statewatch, vol 3 no 2) which was quite erroneous.
The Comité report confirms that it was the NCIS who provided a list of 151 names on 6 November 1992 when the Welsh football team was again playing away. On 16 November 1992 the Boore brothers and 62 other fans were "controlled" (checked) by the police at Kortrijk station. As their names were on the list sent over by the NCIS this fact was forwarded to the Gendarmerie in Brussels and when the train arrived at Central station they were again "controlled" having to "prove their identity". The report then says: "Two persons were arrested, Rhys Boore and another football supporter. Due to the police report, they disturbed public order during the identification process". This is totally denied by Rhys Boore. The NCIS record of this event - which ended up back on their records - said that he was "under the influence of drink and disturbing the public order during an identity check. He did not appear to have an identity papers with him when arrested". Rhys Boore and others on the trip totally deny they were drunk and Rhys had a credit card as identity which others who were released present to the police. Rhys Boore was held for 16 hours, strip-searched and told that he was being held because his name was on the NCIS list. He was deported, handcuffed, on the ferry to the UK.
The Comité report concluded that the "Belgian police services cannot be accused of a law infringement" and that now no records on the brothers was being held in Belgium. The report ends with the comment: "Today, the use of the means of coercion is submitted to a more stringent legislation, that is in accordance to European conventions concerning civil rights protection. Hence, one could expect such incidents belong from now on to the past."
The NCIS says it no longer holds any records on the brothers and the legal department of the European Commission which took up the case want to close the case. However, Liberty's legal officer Philip Leach, has asked them to refrain from doing this as it has not been confirmed which lists there were on or to which other states or organisations this information had been sent. Nor has any reply been received, after a year, from the Belgian government who were requested by the Commission to remove the brothers from all official records. Although their names have been removed from Belgian police records it transpired that the UK Foreign Office Consular Department has its