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Statewatch News Online, 9 March 2009 (04/09)

Home page: www.statewatch.org
News Online: www.statewatch.org/news/

1.   UK: Intelligence and Security Committee annual report
2.   Italy: Interior Ministry directive on demonstrations in urban centres
3.   EU & NANOTECHNOLOGY: Industry, NGOs at odds over nanotech regulation
4.   CANADA: BUSH VISIT: Lawyers Against the War
5.   IRELAND: Northern Ireland Human Rights Commission: Human rights concern over land border checks
6.   EU-USA: Agreements on extradition and mutual legal assistance in criminal matters
7.   UN: Report of the Special Rapporteur: fundamental freedoms while countering terrorism
8.   EU: Statewatch analysis: The “digital tsunami” and the EU surveillance state
9.   EU: Justice and Home Affairs Council, 26-27 February 2008
10. UK: A report by University College London Student Human Rights Programme
11. UK-USA RENDITIONS: Reprieve: inquiry urgently needed
12. SCOTLAND: Biometrics and children
13. EU: European Commission makes a “fishy” argument
14. EU: Body scanners
15. EU-TERRORISM: Commission Staff Working Document
16. EU: Schengen catalogue on External borders control, return and readmission
17. UK-USA: Lord Carlile call for accused hacker to be tried in UK instead of US
18. EU: Access to documents (Regulation 1049/2001)
19. EP-CIA: European Parliament: EU Member States also responsible say MEPs
20. ECHR-UK: people held under the Anti-Terrorism Crime and Security Act 2001
21. EU: E-Privacy Directive: Opinion of the Article 29 Working Party on data protection
22. UK-EU: House Lords Select Committee:Enhanced scrutiny of EU legislation with UK opt-in
23. EU-EDPS: Revision of EURODAC and Dublin Regulations
24. UK: Judgment: RB (Algeria) (FC) and another (Appellants)
25. EU: EP: Draft report on: the problem of profiling
26. UK: Revealed: police databank on thousands of protesters

1. UK: Intelligence and Security Committee annual report with lots of *** (deleted text)
www.statewatch.org/news/2009/mar/uk-intell-sec-cttee-rep.pdf

and Security Committee’s credibility is on the line. It’s time they flexed their parliamentary muscles (Guardian, link):
www.guardian.co.uk/commentisfree/libertycentral/
2009/mar/05/civil-liberties-terrorism/print

2. Italy: Interior Ministry directive on demonstrations in urban centres:
www.statewatch.org/news/2009/mar/01italy-demos.htm

3. EU & NANOTECHNOLOGY: Industry, NGOs at odds over nanotech regulation (euractiv, link):
www.euractiv.com/en/science/industry-ngos-
odds-nanotech-regulation/article-179936

Report by FramingNano project (link):
www.framingnano.eu/images/stories/
FramingNanoMappingStudyFinal.pdf

4. CANADA: BUSH VISIT: Lawyers Against the War: Legal duties triggered by news of visit: Bar George W. Bush from entering Canada or prosecute him for torture:
www.statewatch.org/news/2009/mar/
canada-law-bush-visit-feb-23-09.pdf

“George W. Bush is a person credibly accused of torture and other gross human rights violations, crimes against humanity and war crimes. This fact triggers two branches of Canadian law: first, the Minister of Immigration is legally bound to prevent Bush’s entry into Canada at any time and for any reason; second, if Bush enters Canada, the Attorney General of Canada must prosecute him for torture or provide consent to private prosecution.”

5. IRELAND: Northern Ireland Human Rights Commission: Human rights concern over land border checks:
www.statewatch.org/news/2009/mar/uk-nihrc-border-checks-prel.pdf

Government plans to introduce checks on people crossing the land border may lead to racial discrimination. These plans are part of a package of reforms to the Common Travel Area (CTA) between the UK and Ireland which include ending the CTA as passport free zone on air and sea routes. The Borders, Citizenship and Immigration Bill which will introduce these reforms.

6. EU-USA: Draft Council Decision on the conclusion on behalf of the European Union of the Agreements between the European Union and the United States of America on extradition and mutual legal assistance in criminal matters:
www.statewatch.org/news/2009/mar/eu-usa-e
xtra-mutual-assistance-agreement-concl.pdf

Background: EU: JHA Council authorises signing of EU-USA agreements on extradition and mutual legal assistance (June 2003: including full documentation):
www.statewatch.org/news/2003/jun/01useu.htm

7. UN: Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, by Martin Scheinin:
www.statewatch.org/news/2009/mar/unhr-data-mining-report.pdf

“The collection and sharing of “signal” intelligence has led to several violations of the right to privacy and the principle of non-discrimination, while “human intelligence” – the gathering of intelligence by means of interpersonal contact – has even led to violations of jus cogens norms such as the prohibition against torture and other inhuman treatment. Evidence suggests that the lack of oversight and political and legal accountability has facilitated illegal activities by intelligence agencies.”

8. EU: Statewatch analysis: The “digital tsunami” and the EU surveillance state by Tony Bunyan:
www.statewatch.org/analyses/no-75-digital-tsunami.pdf

9. EU: Justice and Home Affairs Council, 26-27 February 2008, Brussels: Final Press release, 26-27 February:
www.statewatch.org/news/2009/feb/eu-
jha-council-26-27-feb-09-prel.pdf

Main B Points agenda:
www.statewatch.org/news/2009/feb/eu-jha
-council-26-27-feb-b-points-agenda.pdf

“A” Points agenda (adopted without discussion):
www.statewatch.org/news/2009/feb/eu-
jha-council-26-27-feb-a-points-agenda.pdf

10. UK: A report by University College London Student Human Rights Programme: compiled for the Convention on Modern Liberty: The Abolition of Freedom Act 2009 :
www.statewatch.org/news/2009/feb/uk-abolition-of-freedom-ucl.pdf

11. UK-USA RENDITIONS: Reprieve insists government confession is ‘the tip of the renditions iceberg’; inquiry urgently needed:
www.statewatch.org/news/2009/feb/
uk-usa-renditions-admission-prel.pdf

and see: Hutton admits Iraq suspects were handed to US (Guardian, link):
www.guardian.co.uk/world/2009/feb/27/
hutton-extraordinary-rendition/print

and from Statewatch: On the alleged use of European countries by the CIA for the transportation and illegal detention of prisoners:
www.statewatch.org/news/2006/mar/tb-ep-cia-rendition-hearing.pdf

and All Party Parliamentary Group on Extraordinary Rendition: Press release:
www.statewatch.org/news/2009/feb/
uk-usa-all-party-rendition-group.pdf

12. SCOTLAND: Biometrics and children: Biometric Technologies in Schools: Draft Guidance for Education Authorities: Consultation Analysis Report:
www.statewatch.org/news/2009/feb/
scotland-biometrics-in-schools-consult.pdf

13. EU: European Commission makes a “fishy” argument: Ombudsman urges Commission to correct error concerning fishing quotas (European Ombudsman, press release):
www.statewatch.org/news/2009/feb/eu-ombs-fishing-docs-prel.pdf

Draft recommendation of the European Ombudsman in his inquiry into complaint 865/2008/OV against the European Commission (Full-text of Ombudsman’s Decision (link):
www.ombudsman.europa.eu/cases/draftre
commendation.faces/en/3778/html.bookmark

and Commission’s response: Press release:
www.statewatch.org/news/2009/feb/
eu-ombs-fishing-docs-non-docs.pdf

14. EU: Body scanners: EU Article 29 Working Party on data protection: Consultation:
www.statewatch.org/news/2009/feb/eu-body-scanners-wp-art29.pdf

15. EU-TERRORISM: Commission Staff Working Document: Synthesis of the replies from the Member States to the Questionnaire on criminal law, administrative law/procedural law and fundamental rights in the fight against terrorism (SEC 2009/225, 45 pages):
www.statewatch.org/news/2009/feb/eu-
com-terr-prosecutions-sec-2009-225.pdf

16. EU: Highly detailed “Catalogue” (Manual): Drafting Group for updating of Schengen catalogue on External borders control, Return and readmission: Updated Schengen catalogue on External borders control, Return and readmission – 3rd draft (EU doc no:15250/08, 62 pages):
www.statewatch.org/news/2009/feb/
eu-schengen-handbook-revised.pdf

17. UK-USA: Terror law watchdog Lord Carlile joins clamour for accused hacker to be tried in UK instead of US (Guardian, link):
www.guardian.co.uk/technology/2009/feb/23/hacking-extradition/print

See also: What now for Gary McKinnon? Dozens of MPs reject the extradition of a hacker with Asperger’s syndrome, but his fate is not in their hands (Guardian, link):
www.guardian.co.uk/commentisfree/libertycentral/2009
/jan/31/gary-mckinnon-extradition-law/print

and The fate of Gary McKinnon (Guardian, link):
www.guardian.co.uk/commentisfree/libertycentral/
2009/feb/26/extradition-civil-liberties/print

Background: Extradition Treaty between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America with Exchange of Notes:
www.statewatch.org/news/2007/jun/uk-usa-extradition-treaty.pdf

See Statewatch analysis: The UK-US Extradition Treaty:
www.statewatch.org/news/2003/jul/analy18.pdf

18. EU: Access to documents (Regulation 1049/2001): European Parliament’s Civil Liberties (LIBE) report proposing amendments to the Commission’s proposals (19.2.09):
www.statewatch.org/news/2009/feb/eu-
access-reg-cashman-report-amended.pdf

and Statewatch’s Analysis of the LIBE amendments by Professor Steve Peers, University of Essex:
www.statewatch.org/news/2009/feb/eu-
acceess-reg-ep-rep-sw-analysis.pdf

see also: Council discussions: Statewatch analysis: Discussion of the new Access to Documents Regulation in the Council by Professor Steve Peers, University of Essex:
www.statewatch.org/news/2009/feb/eu
-sw-analysis-council-access-reg.pdf

19. EP-CIA: 19 February: European Parliament plenary session: Extraordinary rendition: EU Member States also responsible say MEPs (Press release):
www.statewatch.org/news/2009/feb/ep-cia-resolution.pdf

Resolution adopted with minor amendments by 334 votes in favour, 247 against and 86 abstentions. Resolution tabled by the ALDE (Liberal group), PSE (Socialist group) Verts (Green group and GUE (United Left): On the Alleged use of European countries by the CIA for the transport and illegal detention of prisoners:
www.statewatch.org/news/2009/feb/ep-res-alleged-use-of-eu-cia.pdf

20. ECHR-UK: Grand Chamber: concerning people held under the Anti-Terrorism Crime and Security Act 2001: Press release):
www.statewatch.org/news/2009/feb/uk-echr-a-and-others-prel.pdf

Judgment: Case of A and Others v. UK:
www.statewatch.org/news/2009/feb/uk
-echr-a-and-others-judgment.pdf

“The case concerned the applicants’ complaints that they were detained in high security conditions under a statutory scheme which permitted the indefinite detention of non-nationals certified by the Secretary of State as suspected of involvement in terrorism. The Court held unanimously that there had been [violation of Article 5]:

21. EU: E-Privacy Directive: Opinion of the Article 29 Working Party on data protection: Opinion 1/2009 on the proposals amending Directive 2002/58/EC on privacy and electronic communications (e-Privacy Directive):
www.statewatch.org/news/2009/feb/eu-art-29-wp-op-e-privacy-dir.pdf

22. UK-EU: House Lords Select Committee on European Union report: Enhanced scrutiny of EU legislation with a United Kingdom opt-in:
www.statewatch.org/news/2009/feb/eu-uk-opt-in-hol-report.pdf

23. EU-EDPS: European Data Protection Supervisor: Opinions on: Revision of EURODAC and Dublin Regulations:
www.statewatch.org/news/2009/feb/eu-edps-eurodac-opinion.pdf

24. UK: Judgment: RB (Algeria) (FC) and another (Appellants) v Secretary of State for the Home Department (Respondent) OO (Jordan) (Original Respondent and Cross-appellant) v Secretary of State for the Home Department (Original Appellant and Cross respondent):
www.statewatch.org/news/2009/feb/uk-hol-deportation-to-jordan.pdf

and Press release from Justice: Law Lords deportation ruling undermines torture ban:
www.statewatch.org/news/2009/feb/uk-justice-prel-deportation-judgment.pdf

25. EU: European Parliament: Draft report on: the problem of profiling, notably on the basis of ethnicity and race, in counter-terrorism, law enforcement, immigration, customs and border control (pdf), Rapporteur: Sarah Ludford MEP:
www.statewatch.org/news/2009/feb/ep-draft-profiling-libe-report.pdf

26. UK: Revealed: police databank on thousands of protesters – Films and details of campaigners and journalists may breach Human Rights Act (link):
www.guardian.co.uk/uk/2009/mar/06/police-surveillance-
protesters-journalists-climate-kingsnorth/print

“Police are targeting thousands of political campaigners in surveillance operations and storing their details on a database for at least seven years, an investigation by the Guardian can reveal.”

Background by Tony Bunyan: The article shows that the Metropolitan Police are routinely recording personal details and photographing people who attend meetings and demonstrations and the journalists reporting them on its criminal intelligence database (CRIMINT). CRIMINT records all gathered “intelligence” on suspected terrorists and criminals for the purpose of targeting, surveillance and covert photographic techniques.

Traditionally, it was the role of the Special Branch to record details of those attending political meetings – for example, in the 1950s they routinely recorded all the cars number-plates of those going to CND meetings as were the details of everyone who wrote letters to “left-wing” papers. This “intelligence” was recorded on card files – in 1965 it held over 2 million cards on suspected “subversives” – designated “green” (held on file), “yellow” (report any sightings) and “red” (under current surveillance):

“The state has put political activists under surveillance for centuries, what has changed is its capacity to record data and digital images and to access these in seconds. and to do so in an era when they are few meaningful limits or restraints on its use.

There have been three major shifts in the last few years. The first was the result of structural changes with the Metropolitan Police’s Special Branch being transferred to the Counter Terrorism Command in October 2006. Second, is the technological capacity to record and retrieve millions of piece of data. Third, and most importantly, was the ideological decision to start adding personal details and images of political activists to police’s CRIMINT database – equating protest and dissent with criminality.” (Tony Bunyan is the author of The Political Police in Britain)

  
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