Statewatch News Online, 30 October 2012 (19/12): EU: Britain’s opt-out on EU police and crime laws raises eyebrows

29 October 2012 —  Statewatch
e-mail: office@statewatch.org

1.    EU: Council of the European Union: HISTORICAL DOCUMENT: “Regulations for the use of force including firearms”, “Use of batons”, “Use of riot control agents”
2.    EU: Council of the European Union: Study “Making better use of statistical data relating to the European Arrest Warrant”
3.    EU: Top Secret Intelligence in Europe: A Tipping Point in Luxembourg?
4.    EU-DATA PROTECTION REGULATION: Member State replies to questionnaire on delegated/implementing acts
5.    EU: JHA Council 25-26 October: Press release
6.    France: Human rights organisations say reform of stop and search legislation does not go far enough
7.    EU: Monet and Schuman might have deserved the Nobel Peace Prize, the European Union does not
8.    UK: Fatally Flawed: Has the state learned lessons from the deaths of children and young people in prison?
9.    EU: European Parliament report: Towards an EU roadmap for equality on grounds of sexual orientation and gender identity
10.  EU: Commission communication calls for increased funding for Frontex: Financial statement accompanying Regulation
11.  EU: Britain‘s opt-out on EU police and crime laws raises eyebrows
12.  NATO: Strategic Communications Policy
13.  Statewatch analysis: Criticism mounts of Frontex’s operations at sea
14.  Greece: UNHCR: Racist Violence Recording Network presents its findings about racist violence in Greece
15.  EU: Commission reports that SIS II is “on track” to come into operation in early 2013
16.  GERMANY: Mass protests across Germany for the rights of asylum-seekers and migrants
17.  UK: Protesters appealing conviction are accused of causing “chaos” during non-violent occupation of luxury goods store
18.  EU: European Criminal Bar Association: Statement on Directive on the freezing and confiscation of proceeds of crime in the EU
19.  USA-FUSION CENTRES: DHS ‘fusion centers’ portrayed as pools of ineptitude, civil liberties intrusions
20.  UK: Organised dissent at Yarl’s Wood detention centre met with harsh treatment

1.  EU: Council of the European Union: HISTORICAL DOCUMENT: Restricted document, now de-classified from 27 November 2002: Post 11 September 2001 planning:Committee for Civilian aspects of Crisis management: Primarily concerned with “Regulations for the use of force including firearms” and includes “Use of batons”, “Use of riot control agents” and “Use of Pepper Spray”: Compendium of principles for the use of force and consequent guidance for the issue of rules of engagement (ROE) for police officers participating in EU crisis management operations (12415-rev6-02):
012/oct/eu-council-crisis-management-12415-rev6-02.pdf

Consistent police practice since this was adopted have re-drawn the rules as it says that:

“(c) When using batons, police officers should always aim for arms or legs and avoid contact with the head;
(d) Before using batons to disperse unruly mobs or to clear streets, buildings etc the police shall give the wrongdoers notice of their intention to use batons and if possible allow time for them to respond positively. However, if those people are ‘trapped’ for whatever reason and are not in a position to obey such orders they should not be subjected to a baton charge.”

2.  EU: Council of the European Union: Study “Making better use of statistical data relating to the European Arrest Warrant” – Member States comments on the Final report:012/oct/eu-council-eaw-stats-ms-comments-12951-rev1-12.pdf 

see also: European Arrest Warrant statistics: Replies to questionnaire on quantitative information on the practical operation of the European arrest warrant – Year 2011 (9200/6/12):012/sep/eu-com-eaw-stats-2011.pdf

3.  EU: Top Secret Intelligence in Europe: A Tipping Point in Luxembourg? (link) Kadi is back in Luxembourg and with a vengeance! The timing is interesting both for the case itself and more generally for highlighting the use of secret intelligence and evidence to justify detention and other sanctions: 
012/10/21/top-secret-intelligence-in-europe-a-tipping-point-in-luxembourg/

4. EU-DATA PROTECTION REGULATION: Council of the European Union: Proposal for a Regulation on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) – Replies to questionnaire on delegated/implementing acts (EU doc no: 14609-rev1-12, 63 pages):012/oct/eu-council-dp-reg-ms-positions-14609-rev1-12.pdf

Iinitial comments from 12 Member States plus detailed 4 column chart: Delegated Acts in the proposed General Data Protection Regulation setting out Member States positions.

5.  EU: JHA Council 25-26 October: Press release (15389/12):
012/oct/eu-jha-council-press-release-25-26-oct-12.pdf

6.  France: Human rights organisations say reform of stop and search legislation does not go far enough
012/oct/10fra-stop-search.html

On 16 October, the office of the French Defender of Rights (Défenseur des Droits), a governmental ombudsman organisation, published a report on identity checks. A few weeks earlier the government had announced that receipts would not be provided for police stop and searches, contradicting the promise of President Hollande that he would fight ‘nasty face’ identity checks (délit de faciès, checks based on appearance). Civil society organisations have welcomed this report but argue that the Rights Defender does not go far enough.

7.  EU: Monet and Schuman might have deserved the Nobel Peace Prize, the European Union does not (Ben Hayes, Transnational Institute, link) We should not be fooled into blindly supporting an entity whose flagship policies and founding principles have long since parted company, and we should demand better from those entrusted with fred Nobel’s legacy:http://www.tni.org/article/does-european-union-deserve-nobel-peace-prize

See also: ‘Hypocrisy’ of police violence in Nobel-winning EU (link) A study into the way austerity protests have been policed reveals a bleak picture of human rights in the 
EU that jars with the award of the Nobel Peace Prize, says Amnesty:http://www.publicserviceeurope.com/article/2635/hypocrisy-of-police-violence-in-nobel-winning-eu

8.  UK: Fatally Flawed: Has the state learned lessons from the deaths of children and young people in prison? Press release (link)
http://inquest.gn.apc.org/website/publications/fatally-flawed

Full report: 012/oct/uk-fatally-flawed.pdf

This new evidence based report examining the experiences and treatment of children and young people who died in prison custody in England and Wales is published by INQUEST and the Prison Reform Trust. It provides an in-depth analysis of the deaths of children and young people (aged 18-24) while in the care of the state.

9. EU: European Parliament report: Towards an EU roadmap for equality on grounds of sexual orientation and gender identity: 
012/oct/ep-report-on-sexual-orientation-gender-equality.pdf

10. EU: Commission communication calls for increased funding for Frontex: Financial statement accompanying Regulation (EU) No 1168/2011: 
012/oct/eu-com-frontex-add-funds.pdf

11. EU: Britain‘s opt-out on EU police and crime laws raises eyebrows (euractiv, link)
http://www.euractiv.com/future-eu/uk-op-raises-eyebrows-home-affai-news-515655

The UK’s intended opt-out from EU cooperation on police and criminal matters will be the “elephant in the room” at the two-day meeting of EU justice and home affairs ministers beginning today (25 October), diplomats told EurActiv.

See also: Statewatch analysis: The UK’s planned ‘block opt-out’ from EU justice and policing measures in 2014: 
http://www.statewatch.org/analyses/no-199-uk-opt-out.pdf

12. NATO: Strategic Communications Policy: 
012/oct/nato-stratcom-policy.pdf

13. Statewatch analysis: Criticism mounts of Frontex’s operations at sea: 
http://www.statewatch.org/analyses/200-frontex-search-rescue.pdf

Growing concern has been expressed by human rights groups and international institutions in the past few months at the death toll of migrants in the Mediterranean Sea. While the phenomenon of unseaworthy vessels sinking on their way to Europe is not new, the publication of new figures by the UNHCR was followed by a series of events which prompted the European states’ reaction to what appears to be a failure to uphold international search and rescue standards. On 11 October 2012, Frontex’s Executive Director Ilka Laitinen was invited by the LIBE Committee (the Committee on civil liberties, justice and home affairs) to present a state of play report on the measures taken by the Agency in preparation for search and rescue operations.

14.  Greece: UNHCR: Racist Violence Recording Network presents its findings about racist violence in Greece: Press release: 
012/oct/gre-racist-violence-pr.pdf

Full report: 012/oct/gre-racist-violence-report.pdf

15.  EU: Commission reports that SIS II is “on track” to come into operation in early 2013
012/oct/09sis-II.htm

A report from the Commission on the development of the second generation Schengen Information System (SIS II) says that tests undertaken in the first half of 2012 have had mostly positive results, and the system is “on track for the planned go-live in the first quarter of 2013” … The “Milestone test” gives some impression of the amount of data that will be transferred via and stored in the SIS II database. It took place in early May and involved 11 Member States, whose national systems “exchanged uninterruptedly over two million standard transactions” with the central system. This number exceeded “in five days the load of SIS I over an entire month.”

16. GERMANY: Mass protests across Germany for the rights of asylum-seekers and migrants
012/oct/germanyprotests-asylum-seekers.pdf

Two protests were organised in Berlin on 13 and 15 October 2012 against the German authorities policies on asylum-seekers and migrants. Thousands of people were present, showing the size of the refugee and migrant community and its capacity to protest and advocate for their rights together with German civil society organisations and individual activists. However, most of the demands are not specific to Germany and seem to reflect broader discontent with EU policies, whether it has to do with the reception conditions or deportations.

17. UK: Protesters appealing conviction are accused of causing “chaos” during non-violent occupation of luxury goods store
012/oct/08uk-fortnum-and-mason.htm

Nine protesters yesterday began an appeal at Southwark Crown Court against convictions handed down in March this year of aggravated trespass with intent to intimidate. The prosecution opened its case by telling that court that protesters had caused “chaos” in Fortnum & Mason, a luxury goods store in London’s Picaddilly, which was occupied by over 200 people for around two hours in March last year as a protest against a £10 million tax avoidance scheme run by the shop’s parent company.

18. EU: European Criminal Bar Association: Statement on the proposal for a Directive on the freezing and confiscation of proceeds of crime in the EU:
012/oct/ecba-freezing-seizure-of-assets-proposal%2Cpdf.pdf

The ECBA criticises the proposal and the draft European Parliament report:

012)0085 – C7-0075/20122012/0036(COD)) (the “Commission’s Proposal”) and the Draft Report of MEP Macovei of 28 August 2012…The draft Directive introduces non-conviction based confiscation and third-party confiscation.”

See: European Commission: Proposal for a Directive on the freezing and confiscation of proceeds of crime in the European Union: 
012/oct/com-propsal-for-dir-freezing-seizure-of-assets.pdf

and EP: Draft report by Rapporteur: Monica Luisa Macovei MEP: 
012/oct/ep-draft-report-freezing-seizure-of-assets-proposal%2Cpdf.pdf

19. USA-FUSION CENTRES: DHS ‘fusion centers’ portrayed as pools of ineptitude, civil liberties intrusions (Washington Post, link):
012/10/02/10014440-0cb1-11e2-bd1a-b868e65d57eb_print.html

US Senate Report (3.56 MB, link):
http://www.fas.org/irp/congress/2012_rpt/fusion.pdf

20. UK: Organised dissent at Yarl’s Wood detention centre met with harsh treatment
012/oct/07yarls-wood.html

Mass protests by detainees at the Yarl’s Wood immigration detention centre in Bedfordshire demanding “rights and dignity, and to end the racist, sexist and abusive detention system” have been met with harsh treatment by the authorities.

________________________________________________
Statewatch: Monitoring the state and civil liberties in Europe
PO Box 1516, London, N16 0EW. UK
tel: +44(0)20-8802-1882; fax: +44(0)20-8880-1727
http://www.statewatch.org

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.