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

1. EU: Statewatch Analysis: “Network with errors”: Europe’s emerging web of DNA databases
2. UK: Statewatch Analysis: Review of counter-terrorism powers fails to deliver definitive change
3. ECHR-UK: JUDGMENT: UK would violate human rights of two Somali nationals if it returned them to Mogadishu
4. EU: Joint contribution of the German, French and United Kingdom: reception of asylum seekers and asylum procedures
5. EU: COUNCIL-EUROPEAN PARLIAMENT: First reading deal on: Arms trade
6. EU: Council: Directive on combating the sexual abuse, sexual exploitation of children and child pornography
7. EU: INTERNAL SECURITY: Letter from the Council Presidency on the work of COSI
8. EU: ACTA: European Commission: Proposal for a Council Decision on the signing
9. STATEWATCH CONFERENCE, 25 June 2011
10. LEAKED: UK copyright lobby holds closed-door meetings with government to discuss national Web-censorship regime
11. INTERNET FREEDOM: Civil Society Coalition Declines to Endorse OECD Communiqué
12. EU: Council and Parliament reach 1st reading deal on amending the FRONTEX Regulation
13. UK: Joint Human Rights Committee report: The Human Rights Implications of UK Extradition Policy
14. UK deportations to Iraq contravene UN advice
15. EU: European Commission’s Legal Service says EU-USA PNR agreement is “not compatible with fundamental rights”
16. Italy/Libya: ASGI questions the lawfulness of Italy’s agreement with the NTC
17. EU-PNR: Council of the European Union: Confusion over key elements of EU-PNR proposal
18. Italy: Moroccan thrown into river by carabinieri drowns
19. UK: Joint Human Rights Committee: Terrorism Act 2000 – Order 2011: Stop and Search without Reasonable Suspicion
20. EU: FRA: Opinion on Proposal on the use of Passenger Name Record (PNR)
21. EU: Article 29 Working Party: money laundering and terrorist financing
22. EU: Right of access to a lawyer
23. EU: Council of the European Union: Standing Committee on operational cooperation on internal security (COSI)
24. EU: Scientists and NGOs slam Commission’s Research funding plans

1. EU: Statewatch Analysis: “Network with errors”: Europe’s emerging web of DNA databases (pdf) by Eric Topfer: “The networking of European national police databases is progressing. However, the implementation of the “principle of availability” is full of pitfalls, as the practice of DNA data exchange illustrates”:
http://www.statewatch.org/analyses/no-134-dna-databases.pdf

2. UK: Statewatch Analysis: Review of counter-terrorism powers fails to deliver definitive change (pdf) by Max Rowlands: “The recommendations of the counter-terrorism and security powers review undermine the coalition government’s commitment to restore “hard-won British liberties.”
http://www.statewatch.org/analyses/no-135-uk-ct-powers.pdf

3. ECHR-UK: JUDGMENT: European Court of Human Rights judgment: The United Kingdom would violate human rights of two Somali nationals if it returned them to Mogadishu (Press release): http://www.statewatch.org/news/2011/jun/echr-chamber-judgment-Sufi-and-Elmi-v-UK.pdf

and Judgment: Full-text: http://www.statewatch.org/news/2011/jun/echr-chamber-judgment-ful-text-Sufi-and-Elmi-v-UK.pdf

4. EU: Joint contribution of the German, French and United Kingdom delegations regarding the proposals for a directive laying down standards for the reception of asylum seekers and for asylum procedures:
http://www.statewatch.org/news/2011/jun/eu-council-germany-france-uk-reception-12168-11.pdf

These three EU Member States “lay down the law” for Commission proposals and say: “So far as the Reception Conditions Directive is concerned, the new proposals should contribute to the good management of the problem of asylum, in the context of the rise in intake, and should not make claiming asylum more attractive or increase costs on Member States.”

5. EU: COUNCIL-EUROPEAN PARLIAMENT: First reading deal on: Proposal for a Regulation implementing Article 10 of the United Nations’ Firearms Protocol and establishing export authorisation, and import and transit measures for firearms, their parts and components and ammunition (LA + S) (First reading) – Approval of the final compromise text: http://www.statewatch.org/news/2011/jun/eu-council-1st-reading-deal-arms-trade-11996-11.pdf

6. EU: Council of the European Union: Proposal for a Directive on combating the sexual abuse, sexual exploitation of children and child pornography, replacing Framework Decision 2004/68/JHA (First reading) – Analysis of the final compromise text with view to a first reading agreement:
http://www.statewatch.org/news/2011/jun/eu-council-sexual-exploitation-1st-reading-analysis-11987-11.pdf

7. EU: INTERNAL SECURITY: Letter from the Council Presidency to the Civil Liberties Committee (LIBE) on the work of COSI (Standing Committee on operational cooperation on internal security: http://www.statewatch.org/news/2011/jun/eu-council-letter-ep-cosi.pdf

8. EU: ACTA: European Commission: Proposal for a Council Decision on the signing, on behalf of the European Union of the Anti-Counterfeiting Trade Agreement between the European Union and its Member States, Australia, Canada, Japan, the Republic of Korea, the United Mexican States, the Kingdom of Morocco, New Zealand, the Republic of Singapore, the Swiss Confederation and the United States of America (COM 379):
http://www.statewatch.org/news/2011/jun/eu-com-acta-agreement-com-379-11.pdf

and COM 380: http://www.statewatch.org/news/2011/jun/eu-com-acta-agreement-com-380-11.pdf

9. STATEWATCH CONFERENCE, 25 June 2011: Civil Liberties, the State and the EU: The Conference was attended by over 220 people from 18 European countries: Final agenda: http://www.statewatch.org/news/2011/jun/sw-final-agenda.pdf Videos of the two plenary sessions and two of the workshops will be available soon. Among the many positive post-Conference comments is one that said it was: “informative, inspirational and empowering”

10. LEAKED: UK copyright lobby holds closed-door meetings with government to discuss national Web-censorship regime (link):
http://boingboing.net/2011/06/22/leaked-uk-copyright.html

See: “Confidential document” from “Rightholders”: http://www.statewatch.org/news/2011/jun/uk-web-blocking-proposal.pdf

11. INTERNET FREEDOM: Civil Society Coalition Declines to Endorse OECD Communiqué on Principles for Internet Policy-Making; Urges OECD to Reject “Voluntary” Steps For Filtering and Blocking of Online Content:
http://www.statewatch.org/news/2011/jun/internet-CSISAC-press-release.pdf

and Statement: http://www.statewatch.org/news/2011/jun/internet-CSISAC-statement.pdf

12. EU: Council of the European Union and the European Parliament reach 1st reading deal on amending the FRONTEX Regulation, simultaneous press releases issued: Council: Strengthening the European external borders agency Frontex – Political agreement between Council and Parliament:
http://www.statewatch.org/news/2011/jun/eu-council-frontex-prel.pdf

and European Parliament: Frontex border guard teams and fundamental rights:
http://www.statewatch.org/news/2011/jun/ep-frontex-prel.pdf

See: Multi-column document showing the positions of the Commission, Council, the European Parliament and the “compromise” position in 1st reading trilogue discussions: Proposal for a Regulation amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX) (EU doc no: 11475-11 ADD 1, 133 pages, 10.6.11):
http://www.statewatch.org/news/2011/jun/eu-council-frontex-multicolumn-11475-add1-11.pdf

13. UK: Parliamentary Joint Human Rights Committee report: The Human Rights Implications of UK Extradition Policy:
http://www.statewatch.org/news/2011/jun/uk-jhrc-uk-usa-extradition.pdf

and Statewatch Analysis: The new UK-US Extradition Treaty by Ben Hayes published in 2003:
http://www.statewatch.org/analyses/no-18-uk-usa-extrad.pdf

14. UK deportations to Iraq contravene UN advice:
http://www.statewatch.org/news/2011/jun/05uk-iraq-deportations.htm

15. EU: European Commission’s Legal Service says EU-USA PNR agreement is “not compatible with fundamental rights”
http://www.statewatch.org/news/2011/jun/03eu-us-pnr-com-ls.htm

– Scope covers minor crimes: “proportionality of the agreement in question” – Retention period goes far beyond that of the Agreement with Australia
– Agreement extended to cover US border security: “which is not linked to the purpose of preventing terrorism or serious crime”
– “no judicial redress to data subjects” – “no guarantee of independent oversight” – Legal Service advice ignored

See: Note from Commission Legal Services to DG Home Affairs (18.5.11):
http://www.statewatch.org/news/2011/jun/eu-usa-pnr-com-ls-opinion-11.pdf

EU-US PNR Agreement (20.5.11): http://www.statewatch.org/news/2011/may/eu-usa-pnr-agreement-20-5-11-fin.pdf
Statewatch Observatory on the exchange of data on passengers (PNR) with USA: http://www.statewatch.org/pnrobservatory.htm

16. Italy/Libya: ASGI questions the lawfulness of Italy’s agreement with the NTC – Serious doubts about the lawfulness of the agreement between the government and the Libyan NTC: http://www.statewatch.org/news/2011/jun/04italy-libya-asgi.htm

17. EU-PNR: Council of the European Union: Confusion in the Council over key elements of EU-PNR proposal, see Point 4 in: Summary of discussions:
http://www.statewatch.org/news/2011/jun/eucouncil-eu-pnr-11392-11.pdf

The meeting of the Working Party on General Matters, including Evaluation (GENVAL) heard a presentation from the Council’s Legal Service expressing concern at the necessity and proportionality of the proposal under the Treaty and the Charter of Fundamental Rights and: “While some delegations stated that they were convinced of the need for collecting and processing PNR data, others indicated that they faced difficulties in convincing national Parliament of such necessity.”

18. Italy: Moroccan thrown into river by carabinieri drowns:
http://www.statewatch.org/news/2011/jun/02italy-moroccan-drowned.htm

19. UK: Parliamentary Joint Human Rights Committee report: Terrorism Act 2000 (Remedial) Order 2011: Stop and Search without Reasonable Suspicion:
http://www.statewatch.org/news/2011/jun/uk-jhr-cttee-stop-and-search.pdf

20. EU: Fundamental Rights Agency: Opinion on Proposal for a Directive on the use of Passenger Name Record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime: http://www.statewatch.org/news/2011/jun/eu-pnr-fra-opinion.pdf

21. EU: Article 29 Working Party: Opinion: On data protection issues related to the prevention of money laundering and terrorist financing:
http://www.statewatch.org/news/2011/jun/eu-art-29-wp-dp-terr-fin-186-11.pdf

and Annex: http://www.statewatch.org/news/2011/jun/eu-art-29-wp-dp-terr-fin-186-11-annex.pdf

22. EU: Right of access to a lawyer: European Commission to guarantee suspects’ rights to speak with a lawyer, inform family of arrest (Press release):
http://www.statewatch.org/news/2011/jun/eu-com-access-to-lawyer-com-326-11-prel.pdf

plus Proposal for a Directive on the right of access to a lawyer in criminal proceedings and on the right to communicate upon arrest:
http://www.statewatch.org/news/2011/jun/eu-com-access-to-lawyer-com-326-11.pdf

Commission Staff Working Paper: Impact Assessment: accompanying the Proposal for a Directive on the rights of access to a lawyer (SEC 686):
http://www.statewatch.org/news/2011/jun/eu-com-ia-right-to-lawyer-sec-686-11.pdf

23. EU: Council of the European Union: Standing Committee on operational cooperation on internal security (COSI): Policy advisory document for the years 2011 to 2013:
http://www.statewatch.org/news/2011/jun/eu-council-cosi-policy-priorities-2011-2013-9225-rev4-11.pdf

24. EU: Scientists and NGOs slam Commission’s Research funding plans (Press Release)
http://www.statewatch.org/news/2011/jun/eu-ngo-research-funds-prel.pdf

and Public Research should benefit Society, not Big Business – An Open Letter on the Common Strategic Framework for EU Research and Innovation Funding signed by ninety-eight civil society and research organisations, including Statewatch, from across Europe:
http://www.statewatch.org/news/2011/jun/eu-ngo-research-funds-letter.pdf

“In an open letter sent today to the President and Members of the European Commission as well as the European Parliament and the EU Member states, 98 civil society and research organisations from across Europe warn that the Commission’s draft proposals for the next Research funding framework (2014-2020) fail to address the real challenges faced by European societies and call for a research agenda geared towards the needs of society and the environment rather than those of big business.”

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