InI Logo
Spies-R-Us
Google
 
Web www.williambowles.info
Statewatch News Online, 19 October 2009 (18/09)

Home page: www.statewatch.org/
Support Statewatch's work: Join Friends of Statewatch: www.statewatch.org/fosw.html
Sitemap: www.statewatch.org/sitemap.htm

1.   EU-JHA: DRAFT STOCKHOLM PROGRAMME from the Council Presidency
2.   Report: Scientists for Global Responsibility: Science and the corporate agenda
3.   Institute of Race Relations: Spooked! How not to prevent violent extremism
4.   EU: LISBON TREATY: The Bene? Decrees and the EU Charter of Fundamental Rights
5.   EU: European Commission: Ban on liquids onboard aircraft and possible next steps
6.   EU: Regulation on access to EU documents
7.   EU/Africa: Fortress Europe records 33 border deaths in September
8.   EU: EURODAC-EUROPEAN DATA PROTECTION SUPERVISOR
9.   UK: Anti-Terrorism – Whose Hearts and Minds? Contest 2 in Context
10. ITALY: Cap Anamur crew acquitted
11. EU: Council of the European Union: Joint Investigation Teams Manual
12. UK MoD Manual of Security Volumes 1, 2 and 3 Issue 2
13. UK: MI5 put union leaders and protesters under surveillance during cold war
14. UK: Media for All Conference – The challenge of convergence
15. ITALY-CIA: Italy seeks jail for US spies in rendition trial
16. EU: Reclaim your data from the European police authorities!
17. UK: Coalition Against Secret Evidence
18. UK: House of Commons: Foreign Affairs Committee: Human Rights Annual Report
19. EUROPEAN COURT OF JUSTICE- SISON case: a landmark judgment
20. A Global Detention Project Working Paper: The Privatization of Immigration Detention
21. EU: French proposal on asylum cooperation with Turkey and Libya
22. EU: European Commission: Annual report EURODAC Central Unit
23. EU: Exit-entry: Results of the data collection exercise
23. EU: FRONTEX (Borders agency) report: Impact of the global economic crisis
24. Statewatch's In the News

1. EU JUSTICE AND HOME AFFAIRS: DRAFT STOCKHOLM PROGRAMME from the Council Presidency:
Draft Stockholm Programme (16 October 2009):
www.statewatch.org/news/2009/oct/
stockholm-presidency-programme-16-oct-09.pdf

See also: Earlier draft Stockholm Programme (6 October 2009);
www.statewatch.org/news/2009/oct/
stockholm-draft-presidency-programme.pdf

There are important differences between these two drafts: Notes on changes from the draft Stockholm Programme dated 6 October 2009 compared to the later version dated 16 October 2009:
www.statewatch.org/news/2009/oct/03stockholm-notes.htm

European Parliament: Draft Resolution:
www.statewatch.org/news/2009/oct/
stockholm-programme-draft-ep-report.pdf

and Opinions from:

– Czech Republic Senate:
www.statewatch.org/news/2009/oct/
stockholm-programme-czech-senate.pdf

– Portugal parliament EU committee:
www.statewatch.org/news/2009/oct/
stockholm-programme-portugal-eu-cttee.pdf

– Danish parliament:
www.statewatch.org/news/2009/oct/
stockholm-programme-danish-parl-2.pdf

See for background: Statewatch Observatory on: Stockholm Programme:
www.statewatch.org/stockholm-programme.htm

2. Report from Scientists for Global Responsibility: Science and the corporate agenda (summary):
www.statewatch.org/news/2009/oct/scientists
-for-global-responsibillty-ex-summary.pdf

and Full-text of report:
www.statewatch.org/news/2009/oct/
scientists-for-global-responsibillty-report.pdf

“A new report reveals that the pressure for scientific research to deliver on short-term commercial aims is compromising its ability to yield social and environmental benefits. The report ‘Science and the corporate agenda’ states that even tax-payer funded research is now less likely to work in the broader public interest. These findings are based on extensive evidence across five sectors: pharmaceuticals, oil and gas, military/defence, biotechnology and tobacco.”

3. Institute of Race Relations: Spooked! How not to prevent violent extremism (link):
www.irr.org.uk/pdf2/spooked.pdf

An excellent report and critique of the counter-terrorism PREVENT programme from the IRR:

“There is strong evidence that a significant part of the Prevent programme involves the embedding of counter-terrorism police officers within the delivery of local services, the purpose of which seems to be to gather intelligence on Muslim communities, to identify areas, groups and individuals that are ‘at risk’ and to then facilitate  interventions, such as the Channel programme, as well as more general police engagement with the Muslim community, to manage perceptions of grievances.”

“The atmosphere promoted by Prevent is one in which to make radical criticisms of the government is to risk losing funding and facing isolation as an ‘extremist’, while those organisations which support the government are rewarded.This in turn undermines the kind of radical discussions of political issues that would need to occur if young people are to be won over and support for illegitimate political violence diminished.The current emphasis of Prevent on depoliticising young people and restricting radical dissent is actually counter-productive because it strengthens the hands of those who say democracy is pointless.”

4. EU: LISBON TREATY: The Bene? Decrees and the EU Charter of Fundamental Rights: Analysis by Professor Steve Peers:
www.statewatch.org/news/2009/oct/lisbon-benes-decree.pdf

5. EU: European Commission: Ban on liquids onboard aircraft and possible next steps – Information from the Commission:
www.statewatch.org/news/2009/oct/eu-liquids-ban-13974-09.pdf

“by 29 April 2012 all airports handling at least 10 million departing passengers per annum shall have the capability to screen liquids, aerosols and gels in accordance with the requirements of Regulation (EC) No 300/2008. Finally, by 29 April 2014 all airports must have the capability to screen liquids, aerosols and gels in accordance with the requirements of Regulation (EC) No 300/2008.”

6. EU: Regulation on access to EU documents: The debate in the European Parliaments's Civil Liberties Committee (LIBE) on 5 October confirmed the institutional impasse that currently exists with each of the three institutions taking different position: See: A quick guide to the “state of play” on amending the Regulation
www.statewatch.org/news/2009/aug/
04eu-access-regulation-state-of-play.htm

and: Report on LIBE Committee:
www.statewatch.org/news/2009/oct/ep-libe-report-14314-09.pdf

The Commission representative also said during the debate that: “Concerning the Lisbon Treaty, the preparatory work on legal adjustments was ongoing, with a view to the preparation of an omnibus proposal when the Treaty came into force.” (emphasis added).

Tony Bunyan,Statewatch editor, comments:

“This process is turning into a farce. The Commission put forward proposals to amend the Regulation on access to documents in April 2008. Now 18 months on there has been no progress with each institutions taking different positions. Now we are told that there will be a further “omnibus proposal” will be prepared some time next year when, and if, the Lisbon Treaty is adopted.

Civil society and citizens have been waiting for years for the Regulation to truly “enshrine” the right of access promised by the Amsterdam Treaty in 1999 and we are still waiting.”

See also: Proposals for greater openness, transparency and democracy in the EU by Professor Steve Peers:
www.statewatch.org/analyses/proposals
-for-greater-openness-peers-08.pdf

 
and Statewatch's Observatory: the Regulation on access to EU documents:2008-2009:
www.statewatch.org/foi/observatory-access-reg-2008-2009.htm

7. EU/Africa: Fortress Europe records 33 border deaths in September 2009:
www.statewatch.org/news/2009/oct/02fortress-europe-sep-09.htm

8. EU: EURODAC-EUROPEAN DATA PROTECTION SUPERVISOR: Press release: Law enforcement access to EURODAC: EDPS expresses serious doubts about the legitimacy and necessity of proposed measures:
www.statewatch.org/news/2009/oct/eu-edps-eurodac-access-2009.pdf

Full text of Opinion:
www.statewatch.org/news/2009/oct/eu
-edps-eurodac-access-2009-opinion.pdf

“The analysis leads to the conclusion that the necessity and proportionality of the proposals, which are both crucial elements to legitimate privacy intrusion, are not demonstrated. As a result, the EDPS has serious doubts whether the proposals are legitimate and whether legislative instruments should be adopted on this basis.” (emphasis in original)

9. UK: Anti-Terrorism – Whose Hearts and Minds? Contest 2 in Context (Islamic Human Rights Commission, link):
www.ihrc.org.uk/publications/briefings/9085-briefing-uk-anti-
terrorism-whose-hearts-and-minds-contest-2-in-context

and see also: United To Protect Our Rights (IHRC, link)
www.ihrc.org.uk/publications/briefings
/6565-United-To-Protect-Our-Rights

and The United Kingdom’s Strategy for Countering International Terrorism:
www.statewatch.org/news/2009/mar/uk-terr-strategy.pdf

10. ITALY: Cap Anamur crew acquitted (sueddeutsche.de, link):
www.sueddeutsche.de/politik/820/490199/text/

On 7 October 2009, a Sicilian court acquitted the former chair of the human rights organisation Cap Anamur, Elias Bierdel, his former captain, Stefan Schmidt, and the first officer of the ship, Wladimir Dschkewitsch. In 2004, the three had rescued 37 refugees off the Italian coast from distress at sea and helped them to land in Sicily. They were then accused of and prosecuted for assisting in illegal entry. They faced the possibility of four years imprisonment and a fine of 400.000 EUR. The organisation Cap Anamur and the German asylum rights organisation Pro Asyl had started an international campaign for justice to acquit the three and have reacted positively to the decision.

11. EU: Council of the European Union: Joint Investigation Teams Manual (27 pages):
www.statewatch.org/news/2009/oct/eu-jit-manual.pdf

and Manual on cross-border operations (46 pages):
www.statewatch.org/news/2009/oct/
eu-manual-on-cross-border-operations.pdf

12. UK MoD Manual of Security Volumes 1, 2 and 3 Issue 2, JSP-440, RESTRICTED, 2389 pages, 2001 (Wikileaks, link):
wikileaks.org/wiki/UK_MoD_Manual_of_Security_Volumes_1%2C
_2_and_3_Issue_2%2C_JSP-440%2C_RESTRICTED%2C_2389_
pages%2C_2001

“This significant, previously unpublished document (classified “RESTRICTED”, 2389 pages), is the UK military protocol for all security and counter-intelligence operations” and:

“Non-traditional threats: The main threats of this type are posed by investigative journalists, pressure groups, investigation agencies, criminal elements, disaffected staff, dishonest staff and computer hackers. The types of threat from these sources can be categorized in six broad groups: a. Confidentiality. Compromise of politically sensitive information. This threat is presented by: (1) Pressure groups and investigative journalists attempting to obtain sensitive information. (2) Unauthorized disclosure of official information (leaks)…”

13. UK: MI5 put union leaders and protesters under surveillance during cold war (Guardian, link) by Richard Norton Taylor:
www.guardian.co.uk/uk/2009/oct/06/
mi5-union-leaders-surveillance/print

This reports on the “official” history of MI5 by Christopher Andrew – “But the book skirts over a number of controversies”.

14. UK: Media for All Conference – The challenge of convergence: Campaign for Press and Broadcasting Freedom, London, 30-31 October 2009:.
www.statewatch.org/news/Media%20for%20All%20Conference

15. ITALY-CIA: Italy seeks jail for US spies in rendition trial (Reuters, link):
www.reuters.com/article/latestCrisis/idUSLU339479

“An Italian prosecutor called on Wednesday for 26 Americans, all but one believed to be members of the CIA, to be jailed for between 10 and 13 years each for the kidnapping of a terrorism suspect in 2003. Public Prosecutor Armando Spataro also asked a Milan court to sentence four Italians, including the former head of Italy's Sismi secret service, to up to 13 years in prison for the abduction of Muslim cleric Hassan Mustafa Osama Nasr.”

16. EU: Reclaim your data from the European police authorities! Campaign to exercise the right to access European databases (link):
euro-data.noblogs.org/

and Press release:
www.statewatch.org/news/2009/oct/reclaim-your-data.pdf

“numerous European groups and networks have joined a campaign against the massive storage of personal data by European police authorities. The campaign is supported from different spectrums, such as civil and human rights groups, migration, data protection, antirepression, summit protests and solidarity. The call “Reclaim your data from the European police authorities!” encourages people to exercise their right to access police databases”

17. UK: Coalition Against Secret Evidence (link):
coalitionagainstsecretevidence.com/about/

“Secret evidence is evidence that is not provided to a defendant or their lawyers during a hearing making it impossible for such persons to know the case against them or prepare a defence. Secret evidence is used in different ways in the UK courts, usually by the government in cases in which it considers “national security” to be an issue. Used as a basis for withholding evidence, for some detainees, this has resulted in over seven years of detention without proper trial or any charge.”

18. UK: House of Commons: Foreign Affairs Committee: Human Rights Annual Report 2008 (link):
www.publications.parliament.uk/pa/
cm200809/cmselect/cmfaff/557/557.pdf

19. EUROPEAN COURT OF JUSTICE- SISON case: In a landmark judgment: The Court of First Instance annuls the Council Acts freezing Jose Maria Sison's funds (Press release):
www.statewatch.org/news/2009/sep/ecj-sison-judgment-prel.pdf

and Full-text of Sison judgment:
www.statewatch.org/news/2009/sep/ecj-sison-judgment.pdf

“The national decisions relied upon by the Council in order to freeze the applicant’s funds did not relate either to the instigation of investigations or prosecution or to a conviction for terrorist activity, contrary to the requirements of Community law.”

In continuing to maintain the order freezing Mr Sison's funds the Council of the European Union relied on the decisions of Dutch courts but there was no evidence that this resulted in an investigation or legal proceedings:

“That requirement is not satisfied by a decision of a national judicial authority that rules only incidentally and indirectly on the possible involvement of the person concerned in such activity, in relation to a dispute concerning, for example, rights and duties of a civil nature.

The Court finds that the procedures before the Raad van State and the Rechtbank clearly do not involve any ‘conviction’ of Mr Sison, nor do they amount to decisions to ‘instigat[e] … investigations or prosecut[e] for a terrorist act’. In fact, they were solely concerned with the review of the lawfulness of the decision of the Secretary of State for Justice refusing to grant him refugee status and a residence permit in the Netherlands.”

For full background see Statewatch's Observatory: “Terrorist” lists: monitoring proscription, designation and asset-freezing:
www.statewatch.org/terrorlists/terrorlists.html

20. A Global Detention Project Working Paper: The Privatization of Immigration Detention: Towards a Global View (link):
www.globaldetentionproject.org/file
admin/docs/GDP_PrivatizationPaper_Final5.pdf

21. EU: French proposal on asylum cooperation with Turkey and Libya:
www.statewatch.org/news/2009/sep/eu-france-turkey-libya.htm

“France is calling for the EU to step EU cooperation with Libya and Turkey on asylum issues. But Libya has a dreadful record on human rights, and is itself a source of refugees fleeing persecution. It has not signed the UN Refugee Convention (the Geneva Convention) … urkey is a long-standing major source of refugees fleeing persecution. It is often found in breach of the European Convention on Human Rights by the European Court of Human Rights, in particular on issues of removal of asylum-seekers who face a threat of torture or other inhuman or degrading treatment in their countries of origin. Turkey also does not apply the Geneva Convention to refugees from countries outside Europe – it is almost alone in maintaining this limitation.”

Council document from the: French Delegation: Migration situation in the Mediterranean: establishing a partnership with migrants' countries of origin and of transit, enhancing Member States' joint maritime operations and finding innovative solutions for access to asylum procedures:
www.statewatch.org/news/2009/sep/eu-france-med-13205-09.pdf

22. EU: European Commission:

– Annual report to the Council and the European Parliament on the activities of the EURODAC Central Unit in 2008 (COM 494):
www.statewatch.org/news/2009/sep/eu-com-ann-rep-eurodac-2008.pdf

– Report on progress made in developing the European Border Surveillance System (EUROSUR) (SEC 1625):
www.statewatch.org/news/2009/sep/eu-com-eurosur-sec-1625.pdf

23. EU: Exit-entry: Results of the data collection exercise (EU doc no: 13267/09):
www.statewatch.org/news/2009/sep/eu-
entry-exit-data-collection-exercise-13267.09.pdf

Three-quarters of those travellers recorded were: “EU citizen/persons enjoying the Community right of free movement”

Previous coverage: EU: Exit-entry data collection at the external borders across the Schengen states between 31 August and 6 September 2009: Data collection exercise on entries and exits at the external borders for a short period of time:
www.statewatch.org/news/2009/aug/eu-exit-entry-survey-2009.pdf

The stated aim is the creation of: “a system of electronic recording of entry and exit data”. Data is to be collected at all entry points by land, sea and air on third country nationals with and without a visa (as covered by the Commission proposal, see below) and on “EU citizens and persons enjoying the right of free movement”. Professor Steve Peers:

“It is assumed that the system would not apply to EU citizens, since the Commission’s communication does not address that issue expressly and it is highly doubtful whether including EU citizens within the scope of the system would be compatible with EU free movement law.”

See: Steve Peers: Report for the European Parliament: Proposed new EU border control systems:
www.statewatch.org/news/2008/aug/pe408296_en1.pdf

and the Commission's proposal: On an entry/exit system at the external borders of the European Union, facilitation of border crossings for bona fide travellers, and an electronic travel authorisation system:
www.statewatch.org/news/2008/feb/eu-com-exit-entry.pdf

23. EU: FRONTEX (Borders agency) report written in cooperation with the EU Joint Situation Centre (SITCEN) and IOM: The impact of the global economic crisis on illegal migration to the EU (link, 9 MB):
www.frontex.europa.eu/gfx/frontex/files/justyna/frontex_raport.pdf

The report seeks to draw conclusions based on the decrease in the numbers of undocumented migrants reaching the EU (or attempting to do so) and the economic crisis in the EU leading to fewer job opportunities.

See also: Council of the European Union: Strengthening the operations of the FRONTEX Agency, particularly in the Mediterranean:
www.statewatch.org/news/2009/sep/eu
-council-strengthening-FRONTEX-13226-09.pdf

24.  See Statewatch's In the News: For links to 17 stories from the media:
www.statewatch.org/news/Newsinbrief.htm
________________________________________________
Statewatch: Monitoring the state and civil liberties in Europe
PO Box 1516, London, N16 0EW. UK
tel: +44(0)20-8802-1882; fax: +44(0)20-8880-1727
www.statewatch.org

Back to Main Index | Spies R Us