The New Dark Age

13 June 2011 — Statewatch – e-mail: office@statewatch.org

STATEWATCHING EUROPE: Civil Liberties, the state and the European Union Saturday 25 June 2011 (10.00-17.30)
Conway Hall, Red Lion Square, London WC1R 4RL
Programme and Registration form: http://www.statewatch.org/conference/conference.pdf
Book Online:http://www.statewatch.org/ordering/order.html

1. EU: Statewatch Analysis: Rethinking the EU Security Research Programme by Ben Hayes
2. Council of Europe: NGO letter calling for review anti-terror laws
3. EU: Justice and Home Affairs Council, 9-10 June 2011
4. EU: EUROPEAN INVESTIGATION ORDER
5. UK: All-seeing, all-knowing: the proposal for a National Crime Agency
6. EU: SCHENGEN INFORMATION SYSTEM (SIS): Statistics
7. EU-ECJ: The General Court annuls the measures freezing the funds of Nadiany Bamba
8. EU: COUNCIL PRESIDENCY: European arrest warrant
9. EU: Concerns arise over the development of the European Police Records Index System (EPRIS): “EU police database”:
10. UK: UNDERCOVER POLICE: Mark Kennedy case: CPS accused of suppressing key evidence
11. UK: New “anti-extemism” strategy: PREVENT Strategy
12. EU-USA: PNR AGREEMENT: The Agreement” is just that, it is not a Treaty as far as the USA is concerned
13. EU: Statewatch Analysis: Revised EU asylum proposals: “Lipstick on a pig”
14. EU: Council of the European Union: Working method for closer cooperation and coordination in the field of EU security
15. EU: COUNTER-TERRORISM: Discussion paper from the EU Counter-Terrorism Coordinator
16. European Court of Justice: ACCESS TO EU DOCUMENTS REGULATION: Judgment

1.  EU: Statewatch Analysis: Rethinking the EU Security Research Programme by Ben Hayes: Submission by Statewatch in response to Section 4 (‘Securing the citizen and the society’) of the European Commission’s consultation on an Industrial Policy for the Security Industry:
http://www.statewatch.org/analyses/no-133-esrp-consultation-response.pdf

“It is imperative that any changes bought about in FP7 or the next EU framework research programme offer more than ‘cosmetic’ compliance mechanisms. In this regard, we are very concerned that this consultation limits the scope of ethical concerns to matters related to personal data protection, creating a danger that other important societal impacts and ethical issues will be overlooked.

This will only fuel growing public concern about the development and implementation of a range of new security technologies such as biometric IDs, risk profiling and the use of surveillance ‘drones’. What is at stake with these and other technologies goes far beyond privacy and data protection to core questions around the legitimacy and desirability of maximum security societies. If ethics and societal impacts are to be properly addressed in current and future EU security research programmes then a more fundamental reappraisal is necessary.”

For more information about Statewatch’s work on the European Security Research Programme
http://www.statewatch.org/Targeted-issues/ESRP/security-research.html

2. Council of Europe: NGO letter calling for review anti-terror laws for their potential negative impacts on freedom of expression and access to information: Letter signed by 36 European and international human rights, media and journalists’ organisations including Statewatch, along with 6 leading experts in freedom of expression and information and human rights:
http://www.statewatch.org/news/2011/jun/coe-ngo-letter-terr-review.pdf

3. EU: Justice and Home Affairs Council, 9-10 June 2011, Luxembourg: Final Press release, 9-10 June 2011:
http://www.statewatch.org/news/2011/jun/eu-jha-council-9-6-11.pdf

“B” Points (For discussion) Agenda:
http://www.statewatch.org/news/2011/jun/eu-jha-council-9-6-11-b-points.pdf

“A” Points (adopted without discussion): Legislative:
http://www.statewatch.org/news/2011/jun/eu-jha-council-9-6-11-a-points-legislative.pdf

“A” Points (adopted without discussion): non-legislative:
http://www.statewatch.org/news/2011/jun/eu-jha-council-9-6-11-a-points-non-legislative.pdf

4. EU: EUROPEAN INVESTIGATION ORDER: Opinion of the Meijers Committee: Standing committee of experts on international immigration, refugee and criminal law: Initiative for a Directive regarding the European Investigation Order in criminal matters:
http://www.statewatch.org/news/2011/jun/eu-meijers-cttee-eio.pdf

See also: Latest Council of the European Union: Position (8 June):
http://www.statewatch.org/news/2011/jun/eu-council-eio-10749-rev2-11.pdf

5 UK: All-seeing, all-knowing: the proposal for a National Crime Agency: incuding powers to: “Collect and analyse intelligence lawfully obtained by its own capabilities and by its security, intelligence, law enforcement and other partners”:
http://www.statewatch.org/news/2011/jun/uk-nca.htm

6. EU: SCHENGEN INFORMATION SYSTEM (SIS): Council of the European Union: Provision of SIS and SIRENE statistics to the Council:
http://www.statewatch.org/news/2011/jun/eu-council-sis-stats-2010.pdf

“The total of valid records in the SIS reached 35.69 million by 2010 which means an increase by 12.9% compared to 2009. A significant increase of the number of alerts stored in the SIS can be observed regarding alerts for arrest for the purposes of surrender or extradition (10.01%) and alerts on persons for discreet surveillance or specific check (11.12%)”

7. EU-ECJ: The General Court annuls the measures freezing the funds of Nadiany Bamba – The Council did not provide a sufficient statement of reasons as to how Nadiany Bamba obstructs the process of peace and reconciliation in Côte d’Ivoire (Press release):
http://www.statewatch.org/news/2011/jun/ecj-prel-judgment-bamba-asset-freezing.pdf

Full-text of judgment (French, link):
http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=EN&Submit=rechercher&numaff=T-86/11

8. EU: COUNCIL PRESIDENCY-EAWs: Presidency: European arrest warrant is already a success (Presidency website, link).
http://www.eu2011.hu/print/news/presidency-european-arrest-warrant-already-success

But see also: Thomas Hammarberg, Council of Europe Human Rights Commissioner: Call for wholesale review of EAWs:
http://www.statewatch.org/news/2011/mar/eu-eaw-thomas-hammarberg.pdf

“there are now an average of more than one thousand [EAWs] per month, the overwhelming majority of which relate to minor … The EAW has been used in cases for which it was not intended, sometimes with harsh consequences on the lives of the persons concerned. It is thus high time to reform a system that affects thousands of persons every year.”

See also: Fair Trials International – Submission to EAW Review (link)
http://www.fairtrials.net/campaigns/article/ftis_submission_to_the_extradition_review_panel/

9.  EU: Member State concerns arise over the development of the European Police Records Index System (EPRIS) – New systems, old problems Sweden criticises Commission’s lack of transparency and Member States raise concern over the potential for an “EU police database”:
http://www.statewatch.org/news/2011/jun/eu-epris.htm

See also: Ministers seek to defuse row over ‘database’ agency (European Voice, link):
http://www.europeanvoice.com/article/imported/ministers-seek-to-defuse-row-over-database-agency/71279.aspx?bPrint=1

10. UK: UNDERCOVER POLICE: Mark Kennedy case: CPS accused of suppressing key evidence – CPS opens inquiry after claims prosecutors withheld undercover police officer’s surveillance tapes from defence lawyers (Guardian, links)
http://www.guardian.co.uk/environment/2011/jun/07/mark-kennedy-surveillance-tapes-cps/print

– Police spying: secret tapes that put CPS on the spot – New evidence suggests undercover officer Mark Kennedy’s recordings were known to prosecutors two years ago
http://www.guardian.co.uk/uk/2011/jun/07/mark-kennedy-police-spy-secret-tapes/print

– and Police knew about plans for Ratcliffe-on-Soar break-in before most activists -Leaked report reveals Mark Kennedy tipped off police about potential occupation of power station at early planning stage
http://www.guardian.co.uk/environment/2011/jun/07/mark-kennedy-ratcliffe-on-soar/print

11. UK: New “anti-extemism” strategy:

– PREVENT Strategy: http://www.statewatch.org/news/2011/jun/uk-prevent-strategy-review.pdf
– Impact Assessment: http://www.statewatch.org/news/2011/jun/uk-prevent-review-eia.pdf
– Consultation Summary: http://www.statewatch.org/news/2011/jun/uk-prevent-summary-consultation.pdf
– Lord Carlile report: http://www.statewatch.org/news/2011/jun/uk-prevent-Lord-carlile-report.pdf

Updated anti-extremism strategy published (BBC News, link):
http://www.bbc.co.uk/news/uk-13679360

“The new strategy also puts a renewed focus on the use of the internet and says the government will consider a “national blocking list” of violent and unlawful websites. Under the plans, computers in schools, libraries and colleges will also be barred from accessing unlawful material on the internet.”

See also: Doctors asked to identify potential terrorists under government plans (Guardian, links):
http://www.guardian.co.uk/politics/2011/jun/06/doctors-identify-potential-terrorists-plans/print

and Official review finds scant evidence of state funds going to extremists:
http://www.guardian.co.uk/uk/2011/jun/07/review-state-funding-extremism/print

“It will also introduce a new definition of extremism as “vocal or active opposition to fundamental British values, including democracy, the rule of law, individual liberty and mutual respect, and tolerance for different faiths and beliefs.”

12. EU-USA: PNR AGREEMENT: The Agreement” is just that, it is not a Treaty as far as the USA is concerned – US Senate urges government to resist EU oversight structures and interference with information sharing:

The EU-US agreements on exchange of PNR data are, legally, “Executive” agreements which have been negotiated and concluded since 2004 with the US administration without any formal involvement of the US Senate – as distinct from what happened for the EU-US agreements on extradition and mutual legal assistance in criminal matters. The US Senate has adopted a strong resolution on this issue which should prevent the US administration from concluding the “new” EU-US PNR agreement by taking in account a number of concerns expressed by the European Parliament. The “sponsors” of the Senate Resolution are the Chairman and the Ranking member of a Senate Committee which has responsibility for the Homeland Security Department: Senate Resolution of EU-USA PNR:
http://www.statewatch.org/news/2011/jun/eu-usa-pnr-senate-resolution.pdf

13. EU: Statewatch Analysis: Revised EU asylum proposals: “Lipstick on a pig” by Professor Steve Peers:
http://www.statewatch.org/analyses/no-132-asylum.pdf

“Taken as a whole, the amended proposals will not require Member States to raise their standards very much, in particular to the extent that raising those standards would cost money. If these Directives are adopted as proposed, the second phase of the Common European Asylum System would therefore look a lot like the first phase. There would be largely cosmetic changes to the current inadequate standards. To borrow President Obama’s phrase, this would be like ‘putting lipstick on a pig’.
It remains to be seen whether the European Parliament and Member States consider it acceptable to have a ‘deal at any cost’, if that cost is the subsistence of asylum-seekers, childrens’ access to play, the privacy of detained families, and the basic physical safety of female asylum-seekers.”

14.  EU: Council of the European Union: Working method for closer cooperation and coordination in the field of EU security:
http://www.statewatch.org/news/2011/jun/eu-council-eu-security-10715-11.pdf

and: Previous version: http://www.statewatch.org/news/2011/jun/eu-council-eu-security-9125-rev-3-11.pdf

The latter document includes the following paragraph – which is “as clear as mud” – concerning meetings to be held:

“- PSC with COSI (planned for 1 June 2011);
– CIVCOM with the COSI Support Group concerning mission planning and to prepare PSC-COSI meetings with PROCIV concerning civil protection and with JAIEX concerning horizontal issues;
– Nicolaidis with the COSI Support Group, potentially to prepare future PSC-COSI meetings;
– COTER with the TWG, with EU CTC participation;
– JAIEX potentially with COMAG/MaMa or COEST or COWEB or COMEM/MOG or COASI or COLAT or COTRA or COAFR, depending on issues of mutual interest.”

See also: Council conclusions on enhancing the links between internal and external aspects of counter-terrorism:
http://www.statewatch.org/news/2011/jun/eu-ct-draft-conclusions-int-ext-11075-11.pdf

Tony Bunyan, Statewatch Director, comments: “Anyone who thinks there is not an EU state in the making should read this document.”

15. EU: COUNTER-TERRORISM: Council of the European Union: EU Counter-Terrorism Strategy – Discussion paper from the EU Counter-Terrorism Coordinator:
http://www.statewatch.org/news/2011/jun/eu-council-ct-strategy-ct-coordnator-10622-11.pdf

The paper is introduced with the following premise: “Osama Bin Laden is dead… The physical resurrection of Bin Laden is impossible. We need to ensure that his ideas also are safely entombed, and with them the terrorist organisations they have spawned.”

16.  European Court of Justice: ACCESS TO EU DOCUMENTS REGULATION: Judgment: Judgment – fulltext:
http://www.statewatch.org/news/2011/jun/ecj-access-judgment-ep.pdf

The applicant, Mr Ciarán Toland, applied to the Parliament for access to the 2006 Annual Report of its Internal Audit Service, including the 16 audit reports and was refused access. The General Court of the ECJ ruled that it: “Annuls the decision of the European Parliament of 11 August 2008, Reference No A (2008) 10636, in so far as it refuses access to Report No 06/02 of the Internal Audit Service of the Parliament of 9 January 2008 entitled ‘Audit of the Parliamentary Assistance Allowance’;”
See also: EU court orders MEPs to publish report on expenses (Irish Times, link):
http://www.irishtimes.com/newspaper/ireland/2011/0608/1224298574106_pf.html

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