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Statewatch News Online, 2 November 2009: Jet named in torture flight report is met by SAS at British airport

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1. UK-USA-CIA: Jet named in torture flight report is met by SAS at British airport
2. BJC: Pre-crime and counter-terrorism: Imagining Future Crime in the “War on Terror”
3. ITALY: Italian security package documents
4. UK: Leeds Met: Climate & Violence Workshop: Securing the State
5. European Commission: technical study and country analysis on the implementation of the free movement directive
6. EU: CZECH REPUBLIC OPT-OUT
7. G6-USA: G6 to discuss ways to combat terrorism
8. EU-UK: Commission steps up UK legal action over privacy and personal data protection
9. UK: Spying on us doesn’t protect democracy. It undermines it
10. UK: National DNA Database: Annual report 2007-2009
11. EU: Council: Framework Decision on preventing and combating trafficking in human beings
12. UK: Police ‘can keep records of minor convictions for 100 years’
13. BELGIUM: Launching the website “retain your privacy”
14. UK: Police in £9m scheme to log ‘domestic extremists
15. EU: Standing Committee on Internal Security
16. EU-USA: “The Washington Statement”, 20 October 2009
17. EU: Justice and Home Affairs Council, 23 October 2009
18. GREECE: Out the Back Door: illegal deportations of refugees from Greece
19. EU: Commission: Minimum standards on granting and withdrawing international protection
20. EU: Statewatch analysis: The EU’s JHA agenda after the Irish referendum

1. UK-USA-CIA: Jet named in torture flight report is met by SAS at British airport (Mail Online, link):
www.mailonsunday.co.uk/news/article-1224386/Jet-
named-torture-flight-report-met-SAS-British-airport.html

“A US plane that featured in a European Parliament report into the ‘extraordinary rendition’ of terror suspects was met by two SAS helicopters in a secret operation at one of Britain’s biggest airports.”

See Statewatch’s Observatory: The use of European countries by the CIA for the transport and illegal detention of prisoners:
www.statewatch.org/rendition/rendition.html

2. British Journal of Criminology: Pre-crime and counter-terrorism: Imagining Future Crime in the “War on Terror” by Jude McCulloch and Sharon Pickering (link):
bjc.oxfordjournals.org/cgi/reprint/49/5/628.pdf

“The article argues that the shift to pre-crime embodies a trend towards integrating national security into criminal justice along with a temporal and geographic shift that encompasses a blurring of the borders between the states ’ internal and external coercive capacities. The counter-terrorism framework incorporates and combines elements of criminal justice and national security, giving rise to a number of tensions. One key tension is between the ideal of impartial criminal justice and the politically charged concept of national security.”

and From the “old” to the “new” suspect community: Examining the Impacts of Recent UK Counter-Terrorist Legislation by Christina Pantazis and Simon Pemberton (link): bjc.oxfordjournals.org/cgi/reprint/49/5/646.pdf

3. ITALY: Italian security package documents:

– Law 94/2009 of 15 July 2009 (published in the Gazzetta Ufficiale -Official Journal- on 24 July 2009) on “Measures in the field of public security” as it was approved:
www.asgi.it/public/parser_download/save/legge.15.luglio.2009.n.94.pdf

– Non-EU minors and the right to education after law 94/2009 came into force, ASGI, 28 September 2009:
www.asgi.it/public/parser_download/save/
asgi_istruzione_dopolalegge94.09.pdf

 
– Report by lawyer Guido Savio, The discipline of expulsion and detention in CIEs, Florence, 18-19 September 2009,
www.asgi.it/public/parser_download/save/savio_relazione_firenze.pdf

– The marriage of foreigners in Italy after law 94/2009 came into force, Walter Citti, ASGI, 10 August 2009,
www.asgi.it/home_asgi.php?n=461&l=it

The website of the Associazione Studi Giuridici sull’Immigrazione (ASGI) has a page on the “Legal situation of foreigners after the entry into force of law 94/2009 on public security”: www.asgi.it/home_asgi.php?n=445&l=it

It includes court decisions in which issues are raised as to whether the law is constitutional, circulars from the interior ministry as to how the law must be interpreted, and legal analysis of the implications of the new law, as well as some campaign documents.

4. UK: Leeds Metropolitan University: Climate & Violence Workshop: Securing the State: Securing the Corporate Nexus and The Coming Militarization of Climate Change, 27 November 2009, 9:30am-5:00pm, The Rosebowl 408 (link): www.leedsmet.ac.uk/international/emaili
mages/ClimateChangeWorkshop.html

5. The European Commission has published: The technical study and country analysis on the implementation of the free movement directive:
ec.europa.eu/justice_home/doc_centre/citizenship/
movement/doc_citizenship_movement_en.htm

This includes: “Conformity studies of Member States’ national implementation measures transposing Community instruments in the area of citizenship of the Union” and Country reports.

6. EU: CZECH REPUBLIC OPT-OUT: The European Council has agreed that the Czech Republic can opt-out of the Chater of Fundamental Rights if it signs the Lisbon Treaty – the Charter will only apply to EU, not national, legislation: Text of Protocol:
www.statewatch.org/news/2009/oct/eu-lisbon-czech-protocol.pdf

7. G6-USA: G6 to discuss ways to combat terrorism on 5 November 2009 (European Voice, link):
www.europeanvoice.com/article/imported/g6-to-discuss-
ways-to-combat-terrorism/66265.aspx?bPrint=1

See also: EU: G6 Interior Ministers + USA to meet in secret in future: The G6 meetings of Interior Ministers is comprised of France, Germany, Spain, Italy, Poland and the UK – the meetings in September 2008 and March 2009 were also attended by the US Secretary of Homeland Security. At the G6 meetings in March 2009 it was agreed that: “No formal conclusions would be issued after meetings.”

See: UK parliamentary answer on G6 meeting in Berlin in March 2009;
www.statewatch.org/news/2009/sep/g6-meetings-hoc-answer.pdf

and see also: – “Behind Closed Doors: the meeting of the G6 Interior Ministers at Heiligendamm”, House of Lords EU Committee report:
www.statewatch.org/news/2006/jul/hol-behind-closed-doors.pdf

G6-G8-Prum: Behind closed doors: policy-making in secret intergovernmental and international fora (Statewatch)
www.statewatch.org/news/2006/sep/05eu-g6.htm

8. EU-UK: European Commission: Telecoms: Commission steps up UK legal action over privacy and personal data protection (Press release):
www.statewatch.org/news/2009/oct/uk-com-dp-action.pdf

9. UK: Spying on us doesn’t protect democracy. It undermines it: By branding protesters and mainstream Muslim activists as extremists, the police are effectively criminalising dissent (Guardian, link) by Seamus Milne:
www.guardian.co.uk/commentisfree/libertycentral/2009/
oct/28/spying-doesnt-protect-democracy/print

and Rebranding protest as extremism: The label ‘domestic extremists’ helps the police justify abusing anti-terror laws to target legitimate protest (Guardian, link) by Pennie Quinton:
www.guardian.co.uk/commentisfree/libertycentral/
2009/oct/30/spotter-card-stop-and-search/print

10. UK: National DNA Database: Annual report 2007-2009 (pdf);
www.statewatch.org/news/2009/oct/
uk-dna-database-annual-report-07-09.pdf

See: Innocent suspects’ profiles still reaching DNA database (Guardian, link):
www.guardian.co.uk/politics/2009/oct/28/dna-database-innocent-profiles/print

and: More than one in 10 people on DNA database for first time (Daily Telegraph, link):
www.telegraph.co.uk/news/newstopics/politics/lawandorder/644
8452/More-than-one-in-10-people-on-DNA-database-for-first-time.html

“Overall, when profiles taken in Scotland and Northern Ireland are included, almost six million people have now been stored on what is the largest DNA database in the
world.”

11. EU: Council of the European Union: Proposal for a Council Framework Decision on preventing and combating trafficking in human beings, and protecting victims, repealing Framework Decision 2002/629/JHA. Nearly agreed text at the last Justice and Home Affairs Council:
www.statewatch.org/news/2009/oct/eu-council-trafficking-15011-09.pdf

12. UK: Police ‘can keep records of minor convictions for 100 years’: (Daily Telegraph, link): “Police will be able to keep records of minor convictions for up to 100 years after overturning a ruling that the information should be deleted from their computers.”
www.telegraph.co.uk/news/newstopics/politics/lawandorder/637
5394/Police-can-keep-records-of-minor-convictions-for-100-years.html

– Court of appeal: Full text of judgment:
www.statewatch.org/news/2009/oct/uk-
crim-records-info-com-court-of-appeal.pdf

13. BELGIUM: Launching the website “retain your privacy”: Campaign against the Belgian transposition of the European directive on the retention of data:
www.statewatch.org/news/2009/oct/belgium
-civil-society-against%20data-retention.pdf

Organisations include the Flemish and Walloon League for Human Rights, the Flemish and Walloon Bar, the Flemish and Walloon Association of Journalists, the Belgian Order of Physicians and a Belgian association for Telecom and Internet customers.

“The platform of the above-mentioned organisations took the initiative for this campaign in the sincere conviction that a general obligation to retain traffic and location data can’t solve the assumed security problem. The organisations do not only denounce the violation of the right to privacy, but also the interference with the professional confidentiality of doctors, lawyers and clerics, as well as the interference with the protection of informants from journalists. Moreover, a general and preventive obligation to retain traffic and location data can’t protect us from terrorism or crime. Therefore, we call on the Belgian population to sign the petition.”

14. UK: Police in £9m scheme to log ‘domestic extremists: ‘Thousands of activists monitored on network of overlapping databases (Guardian, link);
www.guardian.co.uk/uk/2009/oct/25/
police-domestic-extremists-database/print

15. EU: Standing Committee on Internal Security: Presidency note on the state of work on the draft Council Decision on setting up the Standing Committee on operational cooperation on internal security (COSI):
www.statewatch.org/news/2009/oct/eu-council-cosi.pdf

1) This Presidency Note says that it will be up to each Member State to decide on their representatives however, this does not specify whether they will be high-level Home/Interior Ministry officials or so-called “experts” (eg: police and immigration officers). 2) There is no mention of SITCEN (the Council’s Joint Situation Centre, intelligence-gathering) or the Police Chiefs Task Force (PCTF), will they be on COSI? 3) COSI will “not be involved in preparing legislative acts” and the Council is considering abolishing the high-level Article 36 Committee and SCIFA (see Proposed Council working groups, below), This would leave the Working Groups composed of “experts” reporting directly to COREPER (permanent Brussels-based representation of each Member State). 4) The European Parliament and national parliaments are to be “kept informed” (which may mean everything or on past experience very little) and are to have no oversight role and thus no accountability to parliaments.

Tony Bunyan, Statewatch editor, comments:

“COSI is going to be a very powerful body overseeing and directing operational actions on internal security across the EU. It should be controlled by Home/Interior government officials not “experts” whose job is to put into effect operational decisions. It should be accountable to national and European parliaments who should have an oversight role and its documents should be publicly accessible. Crucially all of its policy decisions to undertake EU-wide operational actions should be public, so too should post-operation reports and assessments of “shortcomings or failures”.

See also: Proposed Council working groups if Lisbon Treaty is adopted:
www.statewatch.org/news/2009/sep/eu-jha-working-structures.pdf

and: EU: COSI – Standing Committee on Internal Security rescued from the debris of the EU Constitution
www.statewatch.org/news/2005/sep/08eu-cosi.htm

and Analysis: Cementing the European state: – new emphasis on internal security and operational cooperation at EU level
www.statewatch.org/analyses/no-66-lisbon-european-state.pdf

16. EU-USA: “The Washington Statement”, 20 October 2009: EU-US Joint Statement on “Enhancing transatlantic cooperation in the area of Justice, Freedom and Security”:
www.statewatch.org/news/2009/oct/eu-us-
washington-joint-statement-14100-09.pdf

It opens with the statement that: “The European Union (EU) and the United States of America (U.S.) share common values of democracy, rule of law and respect for human rights and fundamental freedoms” and in line with the draft EU Stockholm Programme it seeks to “deepen” transatlantic cooperation and to:”take this opportunity to renew our partnership for the next five years.”

The “benefits” from the agreements on extradition and mutual legal assistance, the exchange of PNR data and SWIFT need to be balanced against their controversial nature and continuing problems over the failure of the USA to match EU data protection standards. To these “benefits” are added:

“cooperation between the U.S. and EU and EU’s Member States takes place in many ways, formal and informal, and on a daily basis, including through ongoing operational cooperation.”

The Statement commits to “further enhance the exchange of information on policy and operational initiatives, share experiences… Whenever appropriate, we will foster cooperation with the private sector.”

This serves to confirm the view that the dozens of high-level meetings and operational exchanges give the USA a substantial, unaccountable and hidden influence on rights and liberties in the EU.

See: EU/US security “channel” – a one-way street?, and The Shape of Things to Come (p49-54):
www.statewatch.org/analyses/the-shape-of-things-to-come.pdf

17. EU: Justice and Home Affairs Council, 23 October 2009, Luxembourg: Press release:
www.statewatch.org/news/2009/oct/
eu-jha-council-23-october-2009-prel.pdf

“B” Points Agenda:
www.statewatch.org/news/2009/oct/eu-jha-
council-23%20October-2009-b-points.pdf

“A” Points Agenda (adopted without discussion):
www.statewatch.org/news/2009/oct/eu-jha
-council-23%20October-2009-a-points.pdf

See also: Draft Resolution of the Council on a roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings (REV 1, pdf)
www.statewatch.org/news/2009/oct/eu-
council-suspects-roadmap-14552-rev1-09.pdf

– Press release: EU/US agreements on extradition and on mutual legal assistance
www.statewatch.org/news/2009/oct/eu
-usa-agreements-press-release.pdff.pdf

18. GREECE: Press release from the Norwegian Helsinki Committee, NOAS and AITIMA: Out the Back Door: illegal deportations of refugees from Greece (Press release):
www.statewatch.org/news/2009/oct/greece-illegal-deportations.pdf

and Full report: Out the Back Door: The Dublin II Regulation and illegal deportations from Greece:
www.statewatch.org/news/2009/oct/greece-illegal-deportations-report.pdf

19. EU: Commission: Minimum standards on granting and withdrawing international protection:

– Proposal for a Directive on minimum standards on procedures in Member States for granting and withdrawing international protection- (COM 554/4, 2009)
www.statewatch.org/news/2009/oct/eu-com
-min-standards-proposal-com-554-4.pdf

– Annex (COM 554)
www.statewatch.org/news/2009/oct/
eu-com-min-standards-annex-com-554.pdf

– Proposal for a Directive on minimum standards for the qualification and status of third country nationals or stateless persons as beneficiaries of international protection and the content of the protection granted (COM 551)
www.statewatch.org/news/2009/oct/eu
-com-min-standards-explanatory-com-551.pdf

– Summary: Impact assessment:
www.statewatch.org/news/2009/oct/eu-com-qual-ia.pdf

– SEC 1373
www.statewatch.org/news/2009/oct/eu-com-qualification-ia.pdf

– Detailed Explanation of the Proposal:
www.statewatch.org/news/2009/oct/eu-com-min-standards-detailed.pdf

20. EU: Statewatch analysis: The EU’s JHA agenda after the Irish referendum by Professor Steve Peers, University of Essex:
www.statewatch.org/analyses/no-85-jha-agenda-oct-2009.pdf

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