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Statewatch News Online, 27 July 2009 (13/09)

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1.   EU: FRONTEX: Annual Report 2008
2.   UK: KINGSNORTH PROTEST: Report on the policing of the Climate Change protest by Kent Police
3.   EU Council: Roadmap on procedural rights of suspected or accused persons in criminal proceedings
4.   Letter from the Eritreans in Tripoli. Tortured in Libya as in Eritrea
5.   EU: EDPS: Intelligent Transport Systems in road transport
6.   UK: Select Committee report: The Macpherson Report—Ten Years On
7.   UK: Annual Report of the Chief Surveillance Commissioner
8.   UK: Home Affairs Select Committee: The Cost of Policing Football Matches
9.   Greece: NGOs: Public intervention of NGOs and other groups for refugees and migrants
10.  Italy: Public Security Law 773B denounced as racial law
11.  CoE: Commissioner for Human Rights: Stop and searches on ethnic or religious grounds are not effective
12.  European Civil Liberties Network (ECLN): See new entries on the Noticeboard in July 2009
13.  Greece: UNHCR will not participate in the new asylum procedure in Greece
14.  EU: Informal Justice and Home Affairs Ministers meeting to discuss the Stockholm Programme
15.  European Commission: third countries whose nationals must be in possession of visas
16.  European Commission: right to interpretation and to translation in criminal proceedings
17.  Italy/Libya: Submission on May refoulements to Libya
18.  Spain: Annual report by the Coordinadora para la prevención de la tortura on torture in Spain
19.  European Parliament: Formation of political groups after the European elections
20.  EU: Council Presidency: Roadmap for strengthening procedural rights of suspected persons in criminal proceedings
21.  EU-STOCKHOLM PROGRAMME: European Data Protection Supervisor
22.  EU-STOCKHOLM PROGRAMME: External Dimension of Justice and Home Affairs
23.  EU: European Commission: right to interpretation and to translation in criminal proceedings
24.  EU: Council: Draft Council Framework Decision on the transfer of proceedings in criminal matters
25.  Italy: Officers found guilty for teenager’s death in Ferrara
26.  EU: “The massacre continues: 459 deaths in the first six months of 2009" (Fortress Europe)
27.  IRELAND and the LISBON TREATY: Analysis: Revisions to the Irish Constitution – Lisbon Treaty
28.  EU: Update: EU-PNR (Passenger Name Record)

1.  EU: FRONTEX: European Agency for the Management of Operational Cooperation at the External Borders of the Member States:  Annual Report 2008:
www.statewatch.org/news/2009/jul/eu-frontex-annual-report-2008.pdf

2. UK: South Yorkshire Police Report on the policing of the Climate Change protest by Kent Police: Strategic Review: Operation Oasis (Camp for Climate Change) KIngsnorth Power Station, Kent:
www.statewatch.org/news/2009/jul/
uk-kingsnorth%20report-kent-police.pdf

Kingsnorth protests report criticises ‘counterproductive’ policing tactics (Guardian, link):
www.guardian.co.uk/environment/2009/jul/22/kingsnorth-police/print

Official review says orders were not communicated properly, leading to indiscriminate use of stop and search on activists. See also: Police at Kingsnorth: hiding badges, searching kids, blasting music and suffering bee stings – Catalogue of complaints over tactics used against both protesters and media (Guardian, link):
www.guardian.co.uk/environment/2009/jul
/22/kingsnorth-protest-police-tactics/print

3. EU: Council Presidency: Draft Resolution of the Council on a roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings:
www.statewatch.org/news/2009/jul/eu
-council-suspects-rights-12141-09.pdf

4. Letter from the Eritreans in Tripoli. Tortured in Libya as in Eritrea (Fortress Europe, link):
fortresseurope.blogspot.com/2006/01/tr
ipoli-july-23-2009-after-message.html

5. EU: European Data Protection Supervisor (EDPS): Intelligent Transport Systems in road transport: “lack of clarity may lead to different levels of data protection in Europe” warns EDPS (Press release, pdf):
www.statewatch.org/news/2009/jul/
eu-edps-transport-tracking-systems.pdf

and Full-text of Opinion:
www.statewatch.org/news/2009/jul/eu-
edps-transport-tracking-systems-opinion.pdf

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

and 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

6. UK: Home Affairs Select Committee report: The Macpherson Report—Ten Years On:
www.statewatch.org/news/2009/jul/uk-hasc-macpherson.pdf

On 22 April 1993, Stephen Lawrence was stabbed to death at a bus stop in South London in an unprovoked, racist attack. The police were heavily criticised for their conduct of the investigation and no one has ever been convicted for the crime. The Macpherson Report, published on 24 February 1999, found that the police investigation into Stephen’s murder was “marred by a combination of professional incompetence, institutional racism and a failure of leadership by senior officers.”

7. UK: Annual Report of the Chief Surveillance Commissioner:
www.statewatch.org/news/2009/jul/uk-surv-osc-annual-rpt-2008.pdf

See: Councils still breaking surveillance laws: Total of 10,000 snooping missions carried out (Guardian, link):
www.guardian.co.uk/uk/2009/jul/21/local-authorities-spy-on-public/print

and Watching the watchers (Guardian, link):
www.guardian.co.uk/commentisfree/libertycentral/
2009/jul/22/ripa-surveillance-council-snoopers/print

8. UK: Home Affairs Select Committee: The Cost of Policing Football Matches:
www.statewatch.org/news/2009/jul/uk-cost-of-policing-football.pdf

At the moment he police who decide how many police should be present (without negotiation with the clubs) and this leads to many instances of a larger police presence than is necessary and the costs are passed on to the fans: “We doubt the necessity of deploying up to 150 police officers on top of the hundreds of stewards at an event which has on average 1.2 arrests.”

9. Greece:Fourteen NGOs and other groups: Public intervention of NGOs and other groups for refugees and migrants:
  www.statewatch.org/news/2009/jul/greece-ngos-migrants.pdf

    “Within the public debate on migration, we have noticed many inaccuracies, a large amount of misinformation and a general approach
     which is not only one-sided but also exaggerates the seriousness of the issue , presenting it as a major national problem. Such an
     atmosphere allows no space for a calm and analytical approach to the entire issue, which would aim at shedding light on all aspects and
     focusing on substantial measures that could be taken to solve the problems.

     As a result, the discussion transforms refugees and migrants into targets rather than what they are: victims of armed conflicts, persecution,
     poverty and strict migration policies. Since we perceive the existing “dialogue” more as a monologue, and since no opportunity to speak
     has yet been given to the representatives of organisations that deal with migrants and refugees, we see it as our duty to intervene in the debate in order to inform
     Greek society about our position on this topic.”

and see also: Amnesty International: Amnesty International condemns forced evictions in Patras (link):
www.amnesty.org/en/library/asset/EUR25/007/2009/en/9a4b8c3
a-cf61-4769-866f-2798b31a77d2/eur250072009en.html
.

10. Italy: Public Security Law 773B denounced as racial law (EveryOne Group, link):
www.everyonegroup.com/EveryOne/MainPage/Entries/2009/7/16
_Public_Security_Law_773B_denounced_as_racial_law.html

     “The so-called security package contains a number of provisions that will deny immigrants the same rights Italian citizens have to basic public services, including access to medical care, besides severely restricting personal liberty and limiting the livelihood of economically or socially disadvantaged foreigners or those in need of humanitarian aid on Italian territory.”

11. Council of Europe: Commissioner for Human Rights, Thomas Hammarberg: Viewpoint: Stop and searches on ethnic or religious grounds are not effective (link):
www.coe.int/t/commissioner/Viewpoints/default_en.asp

     “members of minorities are more often that others stopped by the police, asked for identity papers, questioned and searched. They are victims of ‘ethnic profiling’, a form of discrimination which is widespread in today’s Europe. Such methods clash with agreed human rights standards. They tend also to be counter-productive as they discourage people from cooperating with police efforts to detect real crimes.”

12. European Civil Liberties Network (ECLN): See new entries on the Noticeboard in July 2009:
www.ecln.org/noticeboard.asp

13. Greece: UNHCR will not participate in the new asylum procedure in Greece unless structural changes are made:
www.statewatch.org/news/2009/jul/greece-unhcr.prel.pdf

     “UNHCR will not participate in the new asylum procedure in Greece unless structural changes are made The United Nations High Commissioner for Refugees notes with great concern that the structural changes introduced by the new Presidential Decree 81/2009 do not sufficiently guarantee efficiency and fairness of the refugee status determination procedure in Greece as required by International and European legislation.”

14. EU: Informal Justice and Home Affairs Ministers meeting to discuss the Stockholm Programme: Working documents:

1) Developing a Europe that Protects:
www.statewatch.org/news/2009/jul/eu-jha-informal
-stockholm-wd-1-a-europe-that-protects.pdf

2) A Europe based on Responsibility and Solidarity in Immigration and Asylum Matters:
www.statewatch.org/news/2009/jul/eu-jha-informal
-stockholm-wd2-immigration-and-asylum.pdf

3) Developing a Citizens’ Europe of Law and Justice:
www.statewatch.org/news/2009/jul/eu-jha
-informal-stockholm-wd-3-law-and-justice.pdf

Tony Bunyan, Statewatch editor, comments:

     “The Council Presidency, and the European Commission’s proposals for the Stockholm Programme, seek to lay great emphasis on the need to balance the demands of “security” and the protection of civil liberties and privacy. A Council Working document for this meeting says of “paramount importance” is the need to strike “the right balance between law enforcement measures and measures to safeguard individual rights, the rule of law, international protection rules, etc.”

     This refers to future measures and their implementation. But what about the swathe of measures which has been put in place since 2001 which have nearly always placed the demands for security above freedoms and liberties? If they were serious they would be proposing a review of all recent laws to restore the proper balance that is so essential to our democratic future.”

– ‘EU Big Brother planning to watch you more closely’ (The Local, Swedish News in English, link):
www.thelocal.se/20680/20090715/

15. European Commission: Proposal for a Council Regulation amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement: The European Commission presents plans recommending that Serbian, Montenegrin and Macedonian citizens be allowed to travel into the EU without visas from January 2010. People holding passports from Bosnia, Albania and Kosova will still have to buy visas:
www.statewatch.org/news/2009/jul/balkans-schengen-white-list-
project-commissionproposal%20for%20visa-free%20travel.pdf

16. European Commission: Proposal for a Council Framework Decision on the right to interpretation and to translation in criminal proceedings (COM 338):
www.statewatch.org/news/2009/jul/eu-com-suspects-rights-338-09.pdf

Summary of Impact Assessment (SEC 916):
www.statewatch.org/news/2009/jul/eu-com
-suspects-rights-sec-915-09-summary.pdf

and Impact Assessment (SEC 915):
www.statewatch.org/news/2009/jul/eu
-com-suspects-rights-sec-915-09.pdf

and EU Council Presidency: Proposal for a Resolution of the Council and of the Governments of the Member States meeting within the Council fostering the implementation by Member States of the right to interpretation and to translation in criminal proceedings (EU doc no: 12116/09, dated 15/7/09):
www.statewatch.org/news/2009/jul/eu-coun
-draft-res-suspects-rights-2116-09.pdf

17. Italy/Libya: Submission on May refoulements to Libya to the European Commission and UN Human Rights Commissioner:
www.statewatch.org/news/2009/jul/italy-libya.htm

On 16 June 2009, sixteen NGOs submitted a document to the European Commission and the UN’s Human Rights Commissioner that details the breaches of Italian, EU and international law that were committed by Italian authorities when migrants on boats that were intercepted by the Italian navy during patrol operations in international waters beyond the limits of Libyan territorial waters were returned to the north African country.

18. Spain: Annual report by the Coordinadora para la prevención de la tortura on torture in Spain:
www.statewatch.org/news/2009/jul/03spain-torture.htm

19. European Parliament: Formation of political groups after the European elections 2009 (Council doc no: 12064/09):
www.statewatch.org/news/2009/jul/ep-party-groups-12064-09.pdf

20. EU: Council Presidency: Draft Resolution of the Council on a roadmap for strengthening procedural rights of suspected and accused persons in criminal proceedings:
www.statewatch.org/news/2009/jul/eu-suspects-rights-11987-09.pdf

21. EU-STOCKHOLM PROGRAMME: European Data Protection Supervisor: Opinion on the Commission’s proposals for the Stockholm Programme:
www.statewatch.org/news/2009/jul/stockholm-edps-opin.pdf

    “The EDPS supports the attention that has been devoted in the Communication to the protection of fundamental rights, and in particular the protection of personal data, as one of the key issues of the future framework for EU action on the questions of citizenship, justice security, asylum and immigration. He fully endorses the Commission’s view that more emphasis should be given to data protection in the areas concerned, and calls for the European Council to follow the same approach when adopting the Stockholm multi-annual programme.”

     Tony Bunyan, Statewatch editor, comments:

     “The Opinion of the EDPS is, as usual, thoughtful and detailed. However, the Opinion introduces a strange new interpretation of “free movement” – one of the four founding freedoms of the EU. “Free movement” is well understood to mean the right of people to move around within the EU. The EDPS argues that “free movement” also comprises “the free movement of (personal) data”. But should it? The “free movement of personal data” is the invention of the state (EU and national) and big business. It does not give the people more rights, quite the reverse because they have little or no control over the use of their personal data.”

22. EU-STOCKHOLM PROGRAMME: Council of the European Union: The External Dimension of Justice and Home Affairs (EU doc no: 11454/09):
www.statewatch.org/news/2009/jul/eu-
stockholm-swed-pres-jai-ex-11454-09.pdf

and Contribution by the UK delegation on the Strategy for the External Dimension of Justice and Home Affairs (EU doc no: 11413/09):
www.statewatch.org/news/2009/jul/eu
-stockholm-uk-jai-ex-11413-09.pdf

23. EU: European Commission proposal: Proposal for a Council Framework Decision on the right to interpretation and to translation in criminal proceedings
www.statewatch.org/news/2009/jul/eu
-com-suspects-rights-338-09.pdf

24. EU: Council: Proposal by 16 Member States:Draft Council Framework Decision on the transfer of proceedings in criminal matters
www.statewatch.org/news/2009/jul/eu-
council-trans-proceedings-11119-09.pdf

and Explanatory Report: Draft Council Framework Decision on the transfer of proceedings in criminal matters
www.statewatch.org/news/2009/jul/eu-council
-trans-proceedings-em-11119-add1.09.pdf

25. Italy: Officers found guilty for teenager’s death in Ferrara
www.statewatch.org/news/2009/jul/01italy-teenagers-death.htm

26. EU: “The massacre continues: 459 deaths in the first six months of 2009" (Fortress Europe)
www.statewatch.org/news/2009/jul/02fortress-europe-jun-09.htm

27. IRELAND and the LISBON TREATY: Analysis: Revisions to the Irish Constitution – Lisbon Treatyby Professor Steve Peers, University of Essex:
www.statewatch.org/news/2009/jul/lisbon-irish-constitution.pdf

See: Twenty-Eighth Amendment of the Constitution (Treaty of Lisbon) Bill 2009 (link):
www.oireachtas.ie/viewdoc.asp?DocID=12385&&CatID=59

     “sets out the current provisions of the Irish Constitution dealing with EU membership, and how they would be amended by the proposed constitutional amendment Bill. It comments briefly and factually on the changes in the text of the Constitution which would result if the proposed amendments were adopted. The Bill itself might be amended before its adoption, and of course the amendments would still require public support in a referendum.”

Also: German Constitutional Court ruling on the Lisbon Treaty, raising the need for national parliaments to play an enhanced role: Full-text of judgment:
www.statewatch.org/news/2009/jul/lisbon-germany
-consitutional-court-judgment-30-jun-09.pdf

28. EU: Update on new measures: EU-PNR: Proposal for a Council Framework Decision on the use of Passenger Name Record (PNR) for law enforcement purposes (EU doc no: 5618/09 REV 2):
www.statewatch.org/news/2009/jul/eu-pnr-council-5618-rev2-09.pdf

and: Draft Council Framework Decision on the transfer of proceedings in criminal matters (EU doc no: 11119/09):
www.statewatch.org/news/2009/jul/
eu-council-trans-proceedings-11119-09.pdf

plus Explanatory Report: on the transfer of proceedings in criminal matters:
www.statewatch.org/news/2009/jul/eu-
council-trans-proceedings-em-11119-add1.09.pdf

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