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Statewatch News Online, 10 October 2006 (24/06)
 

Home page: www.statewatch.org

1. EU-USA PNR agreement renegotiated to meet US demands – full-text
2. EU data protection in police and judicial cooperation matters
3. Spain/Morocco: Another migrant shot dead in Melilla
4. Portugal: Renditions continue: Algerian prisoner abducted and deported
5. Portugal: Evidence of illegal CIA rendition flights surfacing
6. EU/Africa: 1st anniversary of the shooting of migrants in Ceuta and Melilla
7. EU: Council list of international fora “dealing with illegal immigration”
8. Council of Europe: Report: European Judicial Systems
9. EU: Justice and Home Affairs Council, 5-6 October
10. EU-NATO: Classified information: NATO 2005 added
11. EU-USA: European Commission on US intransigence on visa reciprocity
12. UK: Inquiry into the quality of healthcare at Yarl’s Wood immigration removal centre
13. EU: Advocate General: on PKK – ECJ
14. EU-Court of Justice: paper from the Court on possible special treatment of JHA cases
15. EU: Standing committee of experts: VIS Regulation
16. Statewatch’s Observatory on EU Freedom of Information – Case Law

1. EU-USA PNR agreement renegotiated to meet US demands – when the law changes in the USA so too does access to data and how it is processed
www.statewatch.org/news/2006/oct/05eu-us-pnr-oct-06.htm

EU-USA PNR (passenger name record) agreement of 6 October 2006: Full-text
www.statewatch.org/news/2006/oct/eu-usa-pnr-agreement-6-10-06.pdf

Original agreement of 17 May 2004 (pdf)
www.statewatch.org/news/2004/may/PNR-AGR.pdf

US Undertakings attached to agreement, 2004 (pdf)
www.statewatch.org/news/2006/jun/eu-usa-pnr-undertakings-may-2004.pdf

2. EU: Analysis: Data protection in police and judicial cooperation matters: Rights of suspects and defendants under attack by law enforcement demands (pdf)
www.statewatch.org/news/2006/oct/eu-dp.pdf

backed by full-text documentation on Statewatch’s Observatory on data protection in the EU
www.statewatch.org/eu-dp.htm

3. Spain/Morocco: Another migrant shot dead in Melilla in July
www.statewatch.org/news/2006/oct/07melilla.htm

4. Portugal: Renditions continue: Algerian prisoner abducted and deported
www.statewatch.org/news/2006/oct/06portugal-rendition.htm

5. Portugal: Evidence of illegal CIA rendition flights surfacing
www.statewatch.org/news/2006/oct/04portugal-cia-gomes.htm

6. EU/Africa: 1st anniversary of the shooting of migrants in Ceuta and Melilla:
www.statewatch.org/news/2006/oct/03ceuta-melilla.htm

Events, account and an excellent publication “The Black Book of Ceuta and Melilla”, by Migreurop (108 pages, French, pdf). A number of initiatives have been organised throughout Europe and in several African countries (Benin, Mali, Mauritania, Morocco, Tunisia) as part of the transnational day of action against migration controls on 7 October, which also marks the first anniversary of the shooting of migrants at the Spanish-Moroccan border fences of the enclaves of Ceuta and Melilla in late September and early October 2005.

7. Updated: EU: Council list of international fora “dealing with illegal immigration” (pdf)
www.statewatch.org/news/2006/oct/cirefi-int-fora-12695-rev1-06.pdf

8. Council of Europe: Report: European Judicial Systems (2006 edition, 2004 data) (link to full report) Summary (link)
www.coe.int/t/dg1/legalcooperation/cepej/evaluation/2006/CEPEJ_2006_eng.pdf

Country replies (link)
www.coe.int/t/dg1/legalcooperation/cepej/evaluation/2006/Report2006resume_en.pdf

9. EU: Justice and Home Affairs Council, 5-6 October 2006 in Luxembourg: Press release for 5-6 October (pdf)
www.statewatch.org/news/2006/oct/jha-council-press-release-5-6-10-06.pdf

– B-points agenda: www.statewatch.org/news/2006/oct/jha-council-B-points-agenda.pdf
– A-points agenda: www.statewatch.org/news/2006/oct/jha-council-A-points-agenda.pdf
– Background paper: www.statewatch.org/news/2006/oct/jha-council-back-paper.pdf
– Council Conclusions on reinforcing the southern external maritime border (pdf)
www.statewatch.org/news/2006/oct/jha-draft-concl-southern-borders.pdf

5 October 2006: JHA Council adopts Conclusions on SIS II and SIS:
www.statewatch.org/news/2006/oct/jha-council-sis-II.pdf

These confirm the long delay in implementing the Schengen Information System (SIS II) with the new hoped for date being June 2008 – such is the delay that the Commission’s mandate has had to be extended “beyond 31 December 2006". The “re-scheduling” is set out in EU doc no 12379/06 (pdf):
www.statewatch.org/news/2006/oct/sis-II-12379-06.pdf

The Conclusions gloss over what has been months of very heated comment directed at the Commission – this is reflected in EU do no 12835/06 (18 September 2006):
www.statewatch.org/news/2006/oct/sis-II-12835-06.pdf

The delay most affects the ten new member states as “the lifting of controls at the internal land, sea and air borders” for the Schengen area cannot happen until they are taking part in the SIS.

10. Updated: 5 October 2006: EU-NATO: Classified information: NATO 2005 added:

a) Exchange of EU classified information (EUCI) with third countries and organisations (8 September 2006)
www.statewatch.org/news/2006/sep/eu-classified-docs-third-countries.pdf

b) EU: Council Decision adopting the Council’s security regulations (28 February 2001)
www.statewatch.org/news/2001/mar/05775.pdf

c) NATO: Security within NATO (17 June 2002) Thanks to Hungarian Civil Liberties Union
www.statewatch.org/news/2006/sep/nato-sec-classifications.pdf

d) NATO: NATO Security Committee: Directive on the Security of Information Second revision of 2002 version (4 February 2005) Thanks to Hungarian Civil Liberties Union
www.statewatch.org/news/2006/oct/nato-2005-class-info.pdf

11. EU-USA: Report from the European Commission damning on US intransigence on visa reciprocity.(full-text: COM 568, 3.10.06):
www.statewatch.org/news/2006/oct/eu-usa-visa-reciprocity-report-568.pdf

It shows that progress has been made with nine countries but none at all with the USA – the USA refuses to include Greece and nine new member states: Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland and Slovakia in the “Visa Waiver Scheme”. The report says there are “no signs of tangible progress” and it
questions the data used by the US side to support its position: no information is supplied on the reasons for refusing visa from the 10 EU states and no accurate figures on overstaying are available. It concludes that the Commission believes that steps should now be taken to restore visa requirements on US “nationals holding diplomatic and duty/official passports”.

12. UK: Inquiry into the quality of healthcare at Yarl’s Wood immigration removal centre, 20 ? 24 February 2006 by HM Chief Inspector of Prisons The Chief Inspector of Prisons, Anne Owers, published today the inquiry into how Sophie Odogo, a Ugandan asylum seeker, was reduced to a state of mental collapse at Yarl’s Wood Immigration Removal Centre and the healthcare provided there:
www.statewatch.org/news/2006/oct/yarl%27s-wood-healthcare-report.pdf

See also: Medical Justice Network: www.medicaljustice.org.uk/

13. EU: Advocate General calls for CFI ruling on PKK to be set aside:
www.statewatch.org/terrorlists/terrorlists.html

If the ECJ follows the opinion of its Advocate General the PKK will at last be able to challenge the substance of the EU decision to designate it as “terrorist”. Kadek and Kongra-Gel, who are listed by the EU as aliases of the PKK will also be able to challenge their inclusion.

14. EU-Court of Justice: interesting paper from the Court on possible special treatment of JHA cases: Treatment of questions referred for a preliminary ruling concerning the area of freedom, security and justice:
www.statewatch.org/news/2006/oct/ecj-and-third-pillar-13272-06.pdf

15. EU: Standing committee of experts on international immigration, refugee and criminal law (Meijers Committee): Letter to Commissioner Frattini: Comments on Proposal to amend EC Visa Regulation (EC) No. 539/2001 (COM(2006) 84 final) to amend the list of those requiring visas to enter the EU:
www.statewatch.org/news/2006/oct/meijers-cttee-VIS.pdf

“the European Commission should seriously consider using its powers under Article 250(2) of the EC Treaty to amend its proposal to make it compatible with international human rights law”

16. Statewatch’s Observatory on EU Freedom of Information – Case Law:
www.statewatch.org/caselawobs.htm

now has a list and summaries of “Pending cases” in the Court of First Instance/European Court of Justice. As at the end of September there were 25 cases pending.
Pending cases list: www.statewatch.org/caselawobs-pending.htm

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