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12/10/05
Statewatch News Online, 12 October 2005 (35/05)
  

Full contents see: www.statewatch.org/news

1. EU: Data retention: Council to back down over legal basis, but asks EP to rush through
2. EU: European Ombudsman finds Council has given no valid reasons for continuing to legislate behind
3. EU: Justice and Home Affairs Council, 12 October 2005, Luxembourg
4. Italy: A diary of life in Lampedusa
5. UK: Letter from the Metropolitan Police to Home Secretary to justify holding people for 3 months for questioning
6. Morocco/Spain: Six migrants die in Melilla
7. Migrants shot dead at the border fence, Spain deploys army
8. EU: Commission: Data protection activities of police and judicial co-operation in criminal matters
9. Greece: Amnest International report
10. AI UK: launch a campaign on “Seeking asylum is not a crime”
11. EU: Mandatory data retention: EP rejects Council’s proposal
12. EU Commission proposals on the mandatory retention of telecommunications data
13. Civil society letter to European Parliament on data retention proposals, from 21 NGOs
14. UK: Statewatch’s ASBOwatch updated

1. EU: Data retention: Council to agree to drop its proposal on mandatory data retention – because of its incorrect legal basis and let the Commission proposal go forward, but want the European Parliament to put it through at “first reading”: See: Council doc. no: 13036/05 (10.10.05): www.statewatch.org/news/2005/oct/council-data-retention-oct-05.pdf

and Current Council draft: Council draft text, 10.10.05: www.statewatch.org/news/2005/oct/council-data-ret-draft-10-oct-05.pdf

Tony Bunyan, Statewatch editor, comments: “Five member states introduced the proposal in eighteen months ago (April 2004) and still have not sorted out a number of “outstanding questions” in the Council. Now they have the cheek to “pursue” the European Parliament to rush it through on first reading as if it was an uncontroversial measure. Now the legal basis has been sorted, the parliament should take all the time it needs to properly consider a measure which will put all the communications of everyone in Europe under surveillance for the foreseeable future”

2. EU: European Ombudsman finds Council has given no valid reasons for continuing to legislate behind closed doors:

Press release: www.statewatch.org/news/2005/oct/07eu-ombuds-counc-rep.htm
Full-text of the Special Report: www.statewatch.org/news/2005/oct/eu-ombudsman-council-rep.pdf

3. EU: Justice and Home Affairs Council, 12 October 2005, Luxembourg:
Background Note (pdf):
www.statewatch.org/news/2005/oct/jha-background-12-oct.pdf

Main “B” Point agenda (pdf):
www.statewatch.org/news/2005/oct/jha-agenda-12-oct.pdf

“A” Point agenda (adopted without any discussion):
www.statewatch.org/news/2005/oct/jha-A-pts-agenda-12-oct.pdf

4. Italy: A diary of life in Lampedusa:
see: www.statewatch.org/news/2005/oct/05lampedusa.htm

5. UK: Terrorism laws: Letter from the Metropolitan Police to Home Secretary seeking to justify holding people for 3 months for questioning (pdf) Home Office consultation document on: www.statewatch.org/news/2005/oct/met-letter-terror-law.pdf

“Preventing Extremism Together Places of Worship” (pdf):
www.statewatch.org/news/2005/oct/cons-prev-extreme-view-HO.pdf

Exclusion or deportation powers, consultation (pdf):
www.statewatch.org/news/2005/oct/cons-deportation-HO.pdf

6. Update: Morocco/Spain: Six migrants die in Melilla: On 6 October 2005, the Moroccan interior ministry announced six more sub-Saharan migrants died in a mass attempt to climb the border fence in Melilla and to enter Spain, adding that some had died of bullet wounds while others had been crushed by fellow migrants. The Moroccan interior minister said that “due to the unusual strength of the immigrants, who were possessed by the strength of their despair, the [Moroccan] police legitimately defended its surveillance posts in front of the fence and six illegal immigrants have died”. Ceuta, the other Spanish enclave in northern Morocco, had been the scene of a similar incident in which five migrants died, some of them shot, on 28 September 2005 (El País, 6.10.2005). Previous Statewatch coverage: Spain/Morocco: www.statewatch.org/news/2005/oct/01spain-morocco.htm

7. Migrants shot dead at the border fence, Spain deploys army:
www.statewatch.org/news/2005/oct/04morocco-spain.htm

See also: Morocco/Spain: MSF reveals violence suffered by “illegal sub-Saharan immigrants” at the hands of police forces and gangs:
www.statewatch.org/news/2005/oct/02morocco-spain.htm

8. EU: Data protection – European Commission proposal: Data protection activities of police and judicial co-operation in criminal matters provided for by Title VI of the Treaty on European Union, (full-text): www.statewatch.org/news/2005/oct/com-dataprot-475.pdf

and Impact Assessment – Data Protection (pdf):
www.statewatch.org/news/2005/oct/com-dataprot-reg-assess.pdf

Article 1.2 says: “Member States shall ensure that the disclosure of personal data to the competent authorities of another Member State is neither restricted nor prohibited for reasons connected with the protection of personal data as provided for under this Framework Decision.” In short, all data and “intelligence” (which may be speculation) held can be exchanged. Tony Bunyan, Statewatch editor, comments: “when it comes to the balance between the demands of state agencies and the rights and privacy of individual there is no contest, the state wins every time”

9. Greece: Amnest International report: “Out of the spotlight” – The rights of foreigners and minorities are still a grey area (link):
web.amnesty.org/library/index/engeur250162005

10. Amnesty International UK: have launched a campaign on “Seeking asylum is not a crime” (link):
www.amnesty.org.uk/asylum/takeaction.shtml

11. EU: Mandatory data retention: Report of the European Parliament adopted on 27 September 2005 rejecting the Council’s proposal (pdf)
www.statewatch.org/news/2005/oct/ep-data-ret.pdf

12. Text of the European Commission proposals on the mandatory retention of telecommunications data (pdf):
www.statewatch.org/news/2005/sep/com-438-data-retention.pdf

Full-text of the Commission’s Extended Impact Assessment (pdf):
www.statewatch.org/news/2005/oct/com-dataret-reg-ass-05.pdf

The Commission’s Impact Assessment is dismissive of the strong objections from the European Data Protection Supervisor and the national Data Protection Commissioners on the Article 29 Working Party stating that it expects them to “revisit their position(s)”.

Report from the European Data Protection Supervisor on the Commission’s proposal (26.9.05) on the Commission’s proposal:
www.statewatch.org/news/2005/sep/edps-opinion-data-retention.pdf

13. Civil society letter to Members of the European Parliament on data retention proposals, from 21 NGOs
www.statewatch.org/news/2005/sep/retentionletterformeps.pdf

14. Statewatch’s ASBOwatch has been updated:
See: www.statewatch.org/asbo/ASBOwatch.html

BOOKMARK

News online – full contents:
www.statewatch.org/news
What’s New on the Statewatch site:
www.statewatch.org/whatsnew.htm
Statewatch European Monitor:
www.statewatch.org/monitor/monitor.html

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