EU to set up databases on protestors and "foreigners"
01 November 2001
Under the EU’s "Anti-terrorist roadmap" new databases on the Schengen Information System are to be created
The Council of the European Union (the 15 EU governments) are discussing plans to create two new dedicated databases on the Schengen Information System (SIS). The first database would cover public order and protests and lead to:
Barring potentially dangerous persons from participating in certain events [where the person is] notoriously known by the police forces for having committed recognised facts of public order disturbance
"Targeted" suspects would be tagged with an "alert" on the SIS and barred from entry to the country where the protest or event was taking place.
The second database would be a register of all third country nationals in the EU who will be tagged with an "alert" if they overstay their visa or residence permit - this follows a call by the German government for the creation of a "centralised register".
Both of these new databases are being put forward under the post-11 September "Anti-terrorism roadmap" (item 45 on the version of 15.11.01, to "Improve input of alerts into the SIS").
In its report reacting to Gothenburg and Genoa on 13 July the Justice and Home Affairs Council agreed to the creation of national databases of "trouble-makers" but put off the decision to create a centralised EU-wide database that is, until now.
SIS to hold database on protestors
The Conclusions of the special Justice and Home Affairs Council on 13 July - after Gothenburg but before Genoa - said that:
1. Police and intelligence officers should: "identify persons or groups likely to pose a threat to public order and security"
2. All legal and technical "possibilities" should be used for the: "more structured exchanges of data on violent troublemakers on the basis of national files". At that time the Council (EU governments) were divided 8-7 against the creation of a "European database of troublemakers".
3. All legal possibilities: "should be used to prevent such individuals.. from going to the country hosting the event". The criteria for preventing people attending protests is to be where there are "serious reasons" (in the eyes of police and security agencies) to believe that: "such persons are travelling with the intention of organising, provoking or participating in serious disturbances of public law and order".
The rationale of these Conclusions feed into the post 11-September definition of "terrorism" put forward by the European Commission which extends to protests and demonstrations (see, proposed Framework Decision on combating terrorism).
Now the EU Presidency of the Council of the European Union (Belgium) has put forward (15.10.01) a proposal that the Schengen Information System (SIS) be extended to cover:
Potentially dangerous persons who are to be prevented from entering countries for sports, cultural, political or social events
Under the plan the scope of the SIS - the EU's police cooperation, internal security and border control database - would be widened to allow for "alerts" to be placed on people:
known by the police forces for having committed recognised facts of public order disturbance
Under the proposal, Article 99 of the Schengen Implementing Convention would be extended. It currently allows police forces to enter the names of people on the SIS to be placed under:
discreet surveillance or specific checks... where there are real indications to suggest that the person concerned intends to commit or is committing numerous and extremely serious offences
Although Article 99 is currently only available for "extremely serious offences", the proposed extension would allow the inclusion on the SIS of people:
with the intention of organising, causing, participating or fomenting troubles with the aim of threatening public order or security
An "alert" on these 'trouble-makers':
would cause the person to be barred from entering the country during a limited period before and after t