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Statewatch News Online, 3 April 2009 (07/09)

Home page: www.statewatch.org/
What’s News: www.statewatch.org/whatsnew.htm
News Online: www.statewatch.org/news/
Observatories: www.statewatch.org/observatories.htm

1.   EU: European Commission: Moving Europe: EU research on migration and policy needs
2.   EU: G8 in Italy, 8-10 July 2009
3.   EU: Open letter about readmission agreements
4.   EU: Justice and Home Affairs Council, 6 April 2009
5.   EU: SIS II “CRISIS”
7.   UK: POLICE “PUNISH” PROTESTORS
8.   FRANCE: AI report: Public Outrage: Police officers above the law in France
9.   EU: Europol Annual report for 2008
10. EU: Council: Annual report for 2008 on access to EU documents:
11. EU: MILITARY PLANNING
12. EU: EAW-POLAND: Evaluation report European arrest warrant
13. FRANCE: EDF bosses probed for spying on Greenpeace
14. GREECE: AI: Alleged abuses by police in context of policing demonstrations
15. ITALY: Report on police violence on Roma citizens and immigrants
16. UK-EU: Big Brother is watching: surveillance box to track drivers
17. EU: FRA: Homophobia and Discrimination, Sexual Orientation and Gender Identity
18. EU: Guidelines: exchange of information and intelligence between LEAs
19. EU: Manual – the exchange of information extracted from criminal records
20. Italy: Update: Protocol on demonstrations in Rome
21. ECJ: Access to documents: Two interesting judgments
22. EU: European Commission: Critical Information Infrastructure Protection

1. EU: European Commission: Directorate-General for Research: Moving Europe: EU research on migration and policy needs (52 pages):
www.statewatch.org/news/2009/apr/eu-com
-res-policy-review-migration.pdf

Report written by Ann Singleton, Head of the Centre for the Study of Poverty and Social Justice, School for Policy Studies, University of Bristol.

“This report presents a brief description of the projects in the area of migration and integration of migrants funded in the last five years, their main findings and relevance for policy-making.. The projects address a wide range of issues and demonstrate that migration is inextricably linked to core social, political and economic concerns such as climate change, economic growth, economic instability, working life, welfare, health, youth, aging, gender, education, political participation, social inclusion and social cohesion.”

The report contains links to all web pages on the projects covered.

2. EU: G8 in Italy, 8-10 July 2009: The 2009 G8 Summit will be held in Maddalena, a small island north of Sardinia. Useful background document: Italy’s 2009 G8: Plans for the G8 Summit (link):
www.g7.utoronto.ca/evaluations/2009madda
lena/2009plans/2009-g8plans-090325.pdf

The G8 Justice and Home Affairs Ministers will be held in Lampedusa on 28-29 May 2009.

3. EU: Open letter about readmission agreements – sent to the Union Council and European Commission (migreurop, link):
www.migreurop.org/article1350.html

– French (link): www.migreurop.org/article1348.html
– Spanish (link): www.migreurop.org/article1349.html

Signed by 76 NGOs including Statewatch and groups from West Sahara, Uruguary, Mauritania, Morocco, Mali, Guinea and Cameroon.

4. EU: Justice and Home Affairs Council, 6 April 2009, in Luxembourg: Background Paper:
www.statewatch.org/news/2009/apr/eu-jha-
council-6-april-09-background-paper.pdf

and Council press release:
www.statewatch.org/news/2009/apr/eu-jha-
council-6-april-09-press-release-agenda.pdf

Among the issues on the table are those covered in the following documents:

– Proposal for a Council Directive on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State. Latest version of the proposal on third-country workers’ rights – proposing to cut back the scope of the proposal even further as far as equal treatment of third-country workers is concerned:
www.statewatch.org/news/2009/apr/
eu-council-tcn-rights-8145-rev1-09.pdf

– Proposal for a Council Framework Decision on prevention and settlement of conflicts of jurisdiction in criminal proceedings – Outstanding issues:
www.statewatch.org/news/2009/apr/eu-
council-conflict-of-jurisdiction-8013-09.pdf

– European Security Research Innovation Forum (ESRIF): Note from ESRIF Chair to the JHA Council:
www.statewatch.org/news/2009/apr/esrif-note-to-jha-6-april-09.pdf

Background see:  European Security Research and Innovation Forum (ESRIF) – Intermediate report: September 2008:
www.statewatch.org/news/2008/oct/esrif-intermediate-report.pdf

and Arming Big Brother – the EU’s security research programme (by Ben Hayes):
www.statewatch.org/analyses/bigbrother.pdf

and The Shape of Things to Come – the EU Future Group:
www.statewatch.org/analyses/the-shape-of-things-to-come.pdf

See also story below on SIS II “crisis”

5. EU: SIS II “CRISIS”: Implementation of the February JHA Council Conclusions on SIS II. Assessing the plan: “to identify all errors in the system, which led to the crisis of the project and which would prevent it from a proper completion… [and] a repair of identified bugs”:
www.statewatch.org/news/2009/apr/eu-sis-II-crisis-plan-7885-09.pdf

see also: Report of the SIS II Task Force: (EU doc no: 7789/09, 19.3.09):
www.statewatch.org/news/2009/mar/eu-sis-II-problems-7789-09.pdf

“There are 7 MS with serious budget problems, 9 MS with serious problems in resources and 6 MS with serious contract problems. These three elements are also the top 3 risks for MS participation in the SIS II as well as in the SIS 1+R(evolution) alternative.”

7. UK: POLICE “PUNISH” PROTESTORS: Baton charges and kettling: police’s G20 crowd control tactics under fire (Guardian, link):
www.guardian.co.uk/world/2009/apr/03/
g20-protests-police-tactics/print

Coralled and angry, G20 protesters switch focus of anger from bankers to police (Guardian, link):
www.guardian.co.uk/world/2009/apr/03/
g20-protests-bankers-met-police/print

“Many were stopped and searched. “On Wednesday I was coralled with 4,000 people for four hours for doing nothing,” said Tim Smith, a carpenter from London. “Now I have been stopped and searched twice. I have been made to feel like a criminal for exercising my right to peaceful protest.””

G20: Questions need to be asked about ‘kettling’ – At the G2 protests, police used the controversial tactic of containment, ruled in January to be lawful – but is it right? (Guardian, link):
www.guardian.co.uk/commentisfree/liberty
central/2009/apr/02/g20-protest-kettling/print

G20: The police ruined a peaceful protest: I watched the police push into the crowd with a brutality that was not only shocking but utterly unnecessary (Guardian, link)
www.guardian.co.uk/commentisfree/libertycentral/
2009/apr/02/g20-protest-climate-camp/print

8. FRANCE: Amnesty International report: Public Outrage: Police officers above the law in France:
www.statewatch.org/news/2009/apr/ai-france-police-report.pdf

“the problems identified in 2005 [report] persist four years on. Amnesty International’s current research has uncovered continuing allegations of human rights violations by law enforcement officials in France. The procedures for investigating such allegations are still failing to live up to the standards required by international law, and people in France expect better.

Furthermore, Amnesty International is concerned at what appears to be an increasing trend for individuals who protest or attempt to intervene when they witness apparent ill-treatment by law enforcement officials to find themselves subjected to criminal charges of outrage (insulting a law enforcement official) or rebellion (violently resisting a law enforcement official in the course of his/her duties). In other instances, individuals who have complained about ill-treatment they have suffered have been charged with
defamation by the officers concerned.”

9. EU: Europol Annual report for 2008:
www.statewatch.org/news/2009/apr/europol-annual-report-2008.pdf

10. EU: Council of the European Union: Annual report for 2008 on access to EU documents:
www.statewatch.org/news/2009/apr/eu-
council-access-report-for-2008.pdf

The most popular area for requests in Justice and Home Affairs. Just over 73% of the documents listed on the Council register are accessible full-text. But, of course, the remaining 27% include many documents concerning measures under discussion. There has been an increase in the number of documents classified as “Restricted”, where disclosure would be “disadvantageous” to the interests of the EU or its member states – in 2008 there were 505 “Restricted” documents some 40% of which concerned justice and home affairs (around 200+).

11.  EU: MILITARY PLANNING: EU Military Rapid Response Concept:
www.statewatch.org/news/2009/apr/
eu-council-military-rapid-response.pdf

EU Concept for Logistic Support for EU-led Military Operations:
www.statewatch.org/news/2009/apr/eu-council-military-logistics.pdf

See also: “CFSP Guide” – compilation of relevant texts (219 pages). Highly detailed guide to Common Foreign and Security Policy area:.
www.statewatch.org/news/2009/apr/eu-council-csfp-guide.pdf

12. EU: EAW-POLAND: Evaluation report on the fourth round of mutual evaluations “the practical application of the European arrest warrant and corresponding surrender procedures between member states”: Report on Poland (De-classified document):
www.statewatch.org/news/2009/apr/eu-
council-eaw-evaluation-rep-poland.pdf

13. FRANCE: EDF bosses probed for spying on Greenpeace (link):
www.google.com/hostednews/afp/article/
ALeqM5hWLPPXnWDoq1ALG-lRnxT0YmN-LQ

14. GREECE: Amnesty International: Alleged abuses by police in the context of policing demonstrations:
www.statewatch.org/news/2009/mar/greece-police-report.pdf

“Amnesty International has longstanding and continuing concerns regarding the failure of the authorities in Greece to ensure that the police respect and protect human rights. Allegations of human rights violations committed by the police continue to be made, in the context of both policing demonstrations and during arrest and detention. Such violations include excessive use of force during demonstrations; arbitrary detention; torture or other ill treatment; and denial of prompt access to legal assistance.”

15. ITALY: Everyone Group: Report on police violence on Roma citizens and immigrants – September 2008-March 2009:
www.statewatch.org/news/2009/mar/EveryOne%20-%20Repor
t%20Police%20Violence%20in%20Italy_ENG.pdf
:

“It is the job of the police force to protect the vulnerable and the innocent whatever their ethnic group, religion, race and personal situation: this is the incontrovertible assumption, the foundation of the Constitution, international law, democracy and civility. In recent years, however, in Italy, the reports of abuse against Roma people and immigrants carried out by men in uniform are no longer unusual; excessive force is taking place daily in cities and towns among general indifference.”

16. UK-EU: Big Brother is watching: surveillance box to track drivers is backed (Guardian, link):
www.guardian.co.uk/uk/2009/mar/31/surveillance
-transport-communication-box/print

Tony Bunyan, Statewatch editor, comments:

“The CVIS project is one of dozens of EU funded projects which are exploring the boundaries of what is technologically possible. What is needed in tandem is a public debate on their political and ethical implications. The ever present danger is that multinationals develop and invest in projects in virtual secrecy and only start to consider the implications for privacy and liberties as an afterthought, when it is too late to change direction. Technology can improve peoples’ lives but only if it is tempered by open and informed decision-making and they are free to use it or not.”

and see: Council of the European Union Conclusions on: Action Plan for the Deployment of Intelligent Transport Systems in Europe (Press release):
www.statewatch.org/news/2009/mar/
eu-intelligent-transport-systems.pdf

17. EU: Report by the Fundamental Rights Agency: Homophobia and Discrimination on Grounds of Sexual Orientation and Gender Identity in the EU Member States: Part II – The Social Situation:
www.statewatch.org/news/2009/mar/
HSO_Final_Report_EMBARGO.pdf

18. EU: Guidelines on the implementation of Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union (118 pages):
www.statewatch.org/news/2009/mar/
eu-guide-int-exchange-16870-09.pdf

19. EU: Council Decision on the exchange of information extracted from criminal records – Manual of Procedure (110 pages):
www.statewatch.org/news/2009/mar/
eu-crim-records-manual-5459-09.pdf

 Background: EU-ECRIS: Council Decision on the establishment of the European Criminal Records Information System (ECRIS) in application of Article 11 of Framework Decision 2008:
www.statewatch.org/news/2009/jan/
eu-council-decision-ecris-14571-08.pdf

and Council Framework Decision on the organisation and content of the exchange of information extracted from the criminal record between Member States:
www.statewatch.org/news/2009/jan/eu-fd-ecris-13017-08.pdf

20. Italy: Update: Protocol on demonstrations sets authorised routes in Rome (Statewatch story):
www.statewatch.org/news/2009/mar/07italy-demos.htm

21. European Court of Justice: Access to documents: Two interesting judgments from the Court of First Instance: Case T 121/05 including rejection of reliance on “privacy” exception as regards the names of scientific experts advising the Commission:
www.statewatch.org/news/2009/mar/ecj-access-privacy-exception.pdf

and Case T 166/05 comprehensively rejects the arguments for the “decision-making” exception, include “space to think”.
www.statewatch.org/news/2009/mar/
ecj-access-space-to-think-judgment.pdf

22. EU: European Commission: Critical Information Infrastructure Protection “Protecting Europe from large scale cyber-attacks and disruptions: enhancing preparedness, security and resilience”:
www.statewatch.org/news/2009/mar/eu-com-crit-infra-st.pdf

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