Statewatch News Online, 8 March 2013 (03/13)

013 — Home page: http://www.statewatch.org/  • e-mail: office@statewatch.org

1.    EU: Millions of euros for new police databases in West Africa
2.    EU: Justice and Home Affairs Council: 7-8 March 2013
3.    EU: EUROPEAN INVESTIGATION ORDER (EIO): Nine MSs who proposed the EIO lobby the Council of the European Union for it to be quickly adopted
4.    UK: National Security Strategy: Report from Parliamentary Joint Committee
5.    EU: FRONTEX: Work Programme for 2013
6.    “Predictive policing” comes to the UK
7.    European Commission: Minutes of the Experts’ Committee:Transfer of Prisoners, Probation and European Supervision Order 
8.    GREECE & CoE Committee for the Prevention of Torture visit to Greece: Letter
9.    EU: Videos: Tony Bunyan, Statewatch Director, at the 40th Annual Conference of the European Group on Deviancy and Social Control, Cyprus
10.  EU: The democratic deficit in action
11.  EU: European Ombudsman: welcomes the Commission’s disclosure of documents on UK opt-out from Charter of Fundamental Rights
12.  EU: MANDATORY DATA RETENTION CASE
13.  Statewatch analysis: The rise of xenophobia and the migration crisis in Greece
14.  UK: Home Affairs Committee: Undercover Policing: Interim Report
15.  Statewatch analysis: EU: Secretive Frontex Working Group seeks to increase surveillance of travellers
16.  Statewatch analysis: TESAT report shows decrease in terrorist activity in 2011 but national police forces see a continuing threat
17.  EU: European Commission: ‘Smart borders’: enhancing mobility and security
18.  Italy: ASGI’s pre-election proposals to reform immigration laws
19.  UK: Joint Committee on Human Rights: Legislative Scrutiny: Justice and Security Bill
20.  Statewatch analysis: The Global Approach to Migration and Mobility: the state of play
21.  EU: Council of the European Union: INTRA-CORPORATE TRANSFERS: Multicolumn document for “trilogues”
22.  Belgium: Dramatic footage released of Antwerp police killing arrestee
23.  EU: Council of the European Union: HLWG: Includes useful summary pages: 5-24 of EU Global Approach to Migration and Mobility (GAMM)
24.  EU: Council of the European Union: VISA INFORMATION SYSTEM: VIS – state of play
25.  Statewatch analysis: UK: The real “immigration debate”
26.  Statewatch analysis: When dissent becomes subversion
27.  UK: Campaigners to put UK Border Agency before “court of public opinion”
28.  Statewatch analysis: Netherlands: Increased use of firearms by Dutch police
29.  EU: Council of the European Union: Customs Cooperation Working Party: Threat assessment on air transit passengers
30.  EU: Council of the European Union: “Prüm Decisions” – overview of documents, state of play of implementation of automated data exchange
31.  European Data Protection Supervisor: “The role of data protection legislation”
32.  EU: Council of the European Union: Agreement on a civil Global Navigation Satellite System (GNSS)
33,  Statewatch journal: volume 22 no 4
34,  EU: Member States and Europol seek to ease EU-wide access to police databases through “automation of the data exchange process”
35.  Flemish Peace Institute report: A European Agenda for Security Technology: From Innovation Policy to Export Controls

1. EU: Millions of euros for new police databases in West Africa:
013/mar/02eu-wapis.htm

At least €5 million is being spent by the EU on developing a series of interlinked national police databases in West Africa, that will eventually allow information and intelligence gathered in the region to be disseminated to law enforcement authorities across the world.

2. EU: Justice and Home Affairs Council:: Press release, 7-8 March 2013:
013/mar/eu-jha-council-7-march-13-prel.pdf

“B” Points agenda: 013/mar/eu-jha-council-agenda-march-13.pdf
“A” Points: legislative agenda (adopted without discussion,): 013/mar/eu-jha-council-a-pts-legislative-agenda-march-13.pdf
“A” Points: non-legislative agenda (adopted without discussion: 013/mar/eu-jha-council-a-pts-non-legislative-agenda-march-13.pdf

3. EU: EUROPEAN INVESTIGATION ORDER (EIO): The nine Member State governments who proposed the EIO lobby the Council of the European Union for it to be quickly adopted: Initiative of the Kingdom of Belgium, the Republic of Bulgaria, the Republic of Estonia, the Kingdom of Spain, the Republic of Austria, the Republic of Slovenia and the Kingdom of Sweden for a Directive of the European Parliament and of the Council regarding the European Investigation Order in criminal matters-  Letters (6532-12): 013/mar/eu-council-eio-ms-letters-6532-13.pdf

See also Statewatch Analysis: The proposed European Investigation Order: Assault on human rights and national sovereignty:
http://www.statewatch.org/analyses/no-96-european-investigation-order.pdf

4. UK: National Security Strategy: Report from Parliamentary Joint Committee on the National Security Strategy: The work of the Joint Committee on the National Security Strategy in 2012: 013/mar/uk-jt-cttee-parl-nss.pdf

“we are not yet convinced that the existence of the NSC is making the contribution that it should: enabling Government to work as a co-ordinated whole. In other words, we question how much extra value is derived from having the NSC as opposed to the preceding systems of Cabinet Committees.”

5.  EU: FRONTEX: Work Programme for 2013
013/mar/eu-frontex-wp-2013.pdf

6. “Predictive policing” comes to the UK:
013/mar/01uk-predictive-policing.htm

In January last year, The Independent reported that “a pioneering technique to predict crime before it happens could be imported from the United States to this country.” This prediction came true in December, when Kent police began “a trial of a predictive policing model from the USA that assesses several years’ worth of crime data and human behaviour to predict the areas in which offences are likely to take place.”

7.  European Commission: Minutes of the Experts’ Committee meeting on the implementation of the Framework Decision 2008/909/JHA (Transfer of Prisoners), 2008/947/JHA (Probation and alternative sanctions) and 2009/829/JHA(European Supervision Order): 
013/mar/eu-com-detention-experts-minutes.pdf

8.  GREECE & CoE Committee for the Prevention of Torture visit to Greece: Letter:
013/mar/greece-letter-to-cpt.pdf

“We assume that you are already aware of the numerous reports describing detention conditions in Greece, with our present letter we will not do the same but will focus on the weaknesses in the procedure regarding migrants’ treatment by the authorities.”

9.  EU: Videos of speech and questions: by Tony Bunyan, Statewatch Director, at the 40th Annual Conference of the European Group on Deviancy and Social Control, held in Nicosia, Cyprus, September 2012: The EU state and civil liberties:

Video 1: http://www.youtube.com/watch?v=M559aMHP7p4
Video 2: http://www.youtube.com/watch?v=Kzrz9D3OlHI
Video 3: http://www.youtube.com/watch?v=6FZtrbSfvNM

10. EU: The democratic deficit in action (Matt Carr’s Infernal Machine, link):
http://www.infernalmachine.co.uk/?p=2310

11. EU: European Ombudsman: Ombudsman welcomes the Commission’s disclosure of documents on UK opt-out from Charter of Fundamental Rights: 
013/mar/eu-omb-uk-opt-out-charter-prel.pdf

ECAS: EU Rights Clinic and ECAS Secure Release of EU Charter Opt-Out Documents (Press release):
013/feb/ecas-foi-prel.pdf

and Background Note: 013/feb/ecas-foi-background-note.pdf

12. EU: MANDATORY DATA RETENTION CASE: European Court of Justice: Request for a preliminary ruling from the Verfassungsgerichtshof (Austria) lodged on 19 December 2012 – Kärntner Landesregierung and Others: 
013/mar/ecj-dat-ret-case-questions.pdf

See also: ROMANIA: EC drops case against Romania as data retention law passes (Telecompaper):
http://www.telecompaper.com/news/ec-drops-case-against-romania-as-data-retention-law-passes–926708

13. Statewatch analysis: The rise of xenophobia and the migration crisis in Greece: The Council of Europe’s wake-up call: “Europe cannot afford to look away”:
http://www.statewatch.org/analyses/no-218-greece-coe.pdf

14.  UK: Home Affairs Committee: Undercover Policing: Interim Report: 
013/mar/uk-home-affairs-committee-undercover-policing.pdf

The Committee calls for a fundamental review of the law governing undercover police operations, including the Regulation of Investigatory Powers Act 2000. The Committee recommends the publication of a consultation paper before the next election, with a view to publishing draft legislation at the beginning of the next Parliament.

15. Statewatch analysis: EU: Secretive Frontex Working Group seeks to increase surveillance of travellers: 
http://www.statewatch.org/analyses/no-217-frontex-traveller-surveillance.pdf

Frontex has been negotiating in secret to grant state agencies greater access to the personal data of travellers entering the EU. No hard evidence has been presented by EU institutions to support Frontex’s claim that this will lead to more effective border management and critics have warned that the mandatory collection of passenger information is entirely unnecessary and a disproportionate infringement of individual privacy.

16.  Statewatch analysis: TESAT report shows decrease in terrorist activity in 2011 but national police forces see a continuing threat: 
http://www.statewatch.org/analyses/no-216-tesat-terrorist-activity.pdf

Europol’s report shows a significant decrease in terrorist incidents between 2009 and 2011 and its attempt to justify anti-terrorism initiatives. The lack of recent activity from established threats such as Al Qaeda and ETA has led anti-terrorist policing to increasingly focus on left-wing, anarchist and single issue groups.

17.  EU: European Commission: ‘Smart borders’: enhancing mobility and security (press release):
http://europa.eu/rapid/press-release_IP-13-162_en.htm?locale=en

 Commission press conference mainly focussed on the benefits of a Registered Traveller Programme. Legislative proposals:

Proposal for a Regulation establishing Registered Traveller Programme: 
013/feb/eu-com-registered-traveller-programme-97-13.pdf

Staff working document – detailed explanations: 
013/feb/eu-com-rtp-working-document-52-13.pdf

Accompanying impact assessment: 
013/feb/eu-com-ees-impact-assessment-47-13.pdf

Summary:  013/feb/eu-com-ees-impact-assessment-summary-48-13.pdf

Proposal for a Regulation establishing an Entry/Exit System: 
013/feb/eu-com-entry-exit-system-95-13.pdf

Staff working document – detailed explanations: 
013/feb/eu-com-ees-working-document-49-13.pdf

Accompanying impact assessment: 
013/feb/eu-com-ees-impact-assessment-47-13.pdf

Summary: 013/feb/eu-com-ees-impact-assessment-summary-48-13.pdf 

Proposal for a Regulation amending Regulation (EC) No 562/2006: 
013/feb/eu-com-reg-562-2006-amendment-96-13.pdf

Greens press release: EU border control plans: Big brother technologies not a smart plan for Europe’s borders: 
013/feb/eu-smart-borders-green-prel.pdf

See also: Borderline: The EU‘s New Border Surveillance Initiatives: Assessing the Costs and Fundamental Rights Implications of EUROSUR and the “Smart Borders” Proposals. A study by the Heinrich Böll Foundation written by Ben Hayes and Mathias Vermeulen:
http://www.statewatch.org/news/2012/jun/borderline.pdf

18.  Italy: ASGI’s pre-election proposals to reform immigration laws
013/feb/16italy-asgi-immigration-proposals.html

In January 2013, looking ahead to the Italian general elections that were held on 24-25 February 2013, the Associazione di Studi Giuridici sull’Immigrazione (ASGI) presented a ten-point document. It proposed reform to Italian legislation concerning immigration, foreigners, asylum and citizenship, to take place during the 2013-2018 legislature.

19. UK: Joint Committee on Human Rights: Legislative Scrutiny: Justice and Security Bill (second report): 
013/feb/uk-jchr-justice-security-bill-second-report.pdf

We recommend that the Bill be amended to ensure that a full judicial balancing of interests always takes place within the CMP [closed material proceedings], weighing the public interest in the fair and open administration of justice against the likely degree of harm to the interests of national security when deciding which material should be heard in closed session and which in open session.

On 27 Februrary, 702 legal professionals, including 38 QCs, urged the government to scrap the Bill in a letter to the Daily Mail: 
http://www.dailymail.co.uk/home/article-2285480/No-secret-justice.html?printingPage=true

They argue that were it to be introduced, the Bill would “fatally undermine the court room as an independent and objective forum in which allegations of wrongdoing can be fairly tested and where the Government can be transparently held to account.” 

See: Guardian: 013/feb/28/kenneth-clarke-secret-courts-lawyers/print
and Daily Mail coverage:
http://www.dailymail.co.uk/news/article-2285603/Scrap-dangerous-unnecessary-secret-justice-hundreds-lawyers-QC-urge-Government.html?printingPage=true

See also: Statewatch analysis: UK Government’s “secret justice” Bill widely condemned (October 2012):
http://www.statewatch.org/analyses/no-201-uk-secret-justice.pdf

20.  Statewatch analysis: The Global Approach to Migration and Mobility: the state of play: 
http://www.statewatch.org/analyses/no-215-gamm-state-of-play.pdf

21. EU: Council of the European Union: INTRA-CORPORATE TRANSFERS: Proposal for a Directive of the European Parliament and of the Council on conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer (6667-13) Multicolumn document for “trilogues”:
013/feb/eu-council-itc-multi-col-6667-13.pdf

22.  Belgium: Dramatic footage released of Antwerp police killing arrestee: Jonathan Jacob was a 26 year old inhabitant of Antwerp with psychiatric problems who died in police custody in January 2010: 013/mar/03belgium-custody-death.htm

23.  EU: Council of the European Union: High Level Working Group on Asylum and Migration (HLWG): Summary of discussions (5663-13, pdf) Includes useful summary pages: 5-24 of EU Global Approach to Migration and Mobility (GAMM): 
013/feb/eu-council-gamm-5663-13.pdf

24.  EU: Council of the European Union: VISA INFORMATION SYSTEM: VIS – state of play (6412-13,):
013/feb/eu-council-vis-state-of-play-6412-13.pdf

25. Statewatch analysis: UK: The real “immigration debate” by Frances Webber
http://www.statewatch.org/analyses/no-214-uk-real-immigration-debate.pdf

This article provides an overview of the plight of refugees and migrants in Britain. This includes the devastating impact of legal aid cuts, the conditions of immigration detention, the growth of Islamophobia and the exploitation of undocumented migrants.

26.  Statewatch analysis: When dissent becomes subversion by Liz Fekete:
http://www.statewatch.org/analyses/no-212-dissent-becomes-subversion.pdf

Europe’s anti-terror regimen is reshaping European society and has led to a distorted and discriminatory approach to criminal justice. Those who speak out against the erosion of democratic standards and the unfair treatment of Muslims are increasingly being targeted and penalised by the state.
 
27. UK: Campaigners to put UK Border Agency before “court of public opinion”:
013/feb/14ukba-trial.html

Migrants’ rights campaigners are planning to put the UK Border Agency (UKBA) before the “court of public opinion”, with the agency accused of “racism, sexism, homophobia” the “degradation of thousands of asylum seekers, including victims of torture, rape and abuse” and, in reference to the revocation by the UKBA of London Metropolitan University’s visa licence last year, for “attacks on education for international students.”

28. Statewatch analysis: Netherlands: Increased use of firearms by Dutch police
http://www.statewatch.org/analyses/no-213-holland-police-firearms.pdf

29. EU: Council of the European Union: Customs Cooperation Working Party: Threat assessment on air transit passengers – Mandate for the project group: 
013/feb/eu-council-customs-threat-assesment-5208-13.pdf

30. EU: Council of the European Union: Implementation of the provisions on information exchange of the “Prüm Decisions” – overview of documents and procedures – overview of declarations – state of play of implementation of automated data exchange (5074/1/13):

31.  European Data Protection Supervisor: “The role of data protection legislation”, Conference on “Security of e-Government” at the European Parliament, 19 February 2013: 013/feb/edps-role-dp-legislation.pdf

32.  EU: Council of the European Union: Proposal for a Council Decision on the conclusion of the Cooperation Agreement on a civil Global Navigation Satellite System (GNSS) between the European Community and its Member States and Ukraine – Common guidelines (6549/13):
013/feb/eu-council-civil-gnss-ukraine-6549-13.pdf

33,  Statewatch journal: volume 22 no 4 is now available online for subscribers. Volume 22 no 2/3 is now free to access, as are all previous Statewatch journals:
http://www.statewatch.org/subscriber/

34, EU: Member States and Europol seek to ease EU-wide access to police databases through “automation of the data exchange process”:
013/feb/13police-databases-adep.htm

35. Flemish Peace Institute report: A European Agenda for Security Technology: From Innovation Policy to Export Controls: 
013/feb/fpi-european-agenda-security-technology.pdf 
________________________________________________
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

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