14 October 2013 — Statewatch – e-mail: office@statewatch.org

e-mail on EU-USA: DATA SURVEILLANCE follow later : See Observatory: http://www.statewatch.org/eu-usa-data-surveillance.htm

1.    EU: SEARCH & RESCUE AT SEA: WILL ALL EU MEMBER STATES TAKE RESPONSIBILITY?
2.    EU-CIA: European Parliament: Press release: US-led CIA rendition and secret detention programmes: impunity must end
3.    EU: Member States reassert support for law enforcement access to proposed new Entry/Exit System
4.    EU: Justice and Home Affairs Council, Luxembourg, 7-8 October 2013: Press release
5.    ECRE: Deaths at sea off the Italian coast: ECRE calls for safe channels for refugees to reach Europe
6.    EU: Council of the European Union: Cyber issues: “Friends of the Presidency” & Surveillance of external borders
7.    FRANCE: French court rules police ID-checks legal
8.    EU: “FOREIGN FIGHTERS”: Council of the European Union: Terrorism Working Party: Summary of discussions
9.    CoE: Parliamentary Assembly: Lampedusa: call for investigation into allegations that boats failed to carry out rescue
10.  SWEDEN-PROFILING: UN Committee on the Elimination of Racial Discrimination
11.  EU: CYBER CRIME: Council of the European Union: EU Policy cycle for organised and serious international crime
12.  EU: DATA PROTECTION AND THE POLICE SECTOR: Council of Europe: Report
13.  EU: Surveillance and spying: “the time to be politically active on these themes is now”
14.  EU: ‘Virtual borders’ scheme to track every non-EU citizen
15.  GREECE: FRONTEX: Mytilene, FRONTEX claim that families were not expelled from their rooms refuted
16.  ITALY: Migrants killed on Sicilian tourist beach 
17.  EU: Council of the European Union: Freezing of assets: Trilogue text
18.  BELGIUM: Tear gas and water canon used on Afghan asylum seeker children and women in Belgium protest 
19.  EU: The European Police Chiefs Convention: “to influence wider policy and legislative developments”
20.  EU-USA: INTERIOR MINISTERS:G6 MEETING: G6 interior ministers meet with US counterparts in Rome
21.  UK: Peace campaigners to go on trial during week of action against armed drones
22.  SWEDEN: ROMA POLICE REGISTER: Over one thousand children illegally registered
23.  EU: UK JHA OPT-OUT: Letter: European Parliament President to Commission:
24.  GREECE: FRONTEX: Welcome to Europe: Screened by Frontex after ten hours in the sea
25.  UK: Policing of protest: documents on Police Liaison Officers released following Freedom of Information request
26.  EU: Asylum Information Database: Annual Report 2012/13
27.  European Parliament approves readmission and visa agreements with Cape Verde
28.  EU: Statewatch Observatory on Frontex updated
29.  EU wants access to more national police units for “robust” missions outside European borders
30.  IRELAND: DNA database legislative proposal published
31.  ITALY: Riots close Italy’s immigrant detention centers
32.  UK: Police use of Tasers more than doubles
33.  HUNGARY: Hungary is about to criminalise homelessness once again
34.  EU: European Commission: Right to a lawyer: Press release
35.  COE-UK: Council of Europe: Court confirms ruling to halt UK plans for US extradition of terrorist suspect
36.  NORTHERN IRELAND: DUBLIN II: High Court of Northern Ireland quashes Dublin II decision of UK Border Agency
37.  EU: Towards a Surveillant Society: The Rise of Surveillance Systems in Europe 
38.  EU: EU police special forces network to become “more and more useful” and to receive increased financial support
39.  EU-US: Satellite states: Commission prepares for negotiations with the US on EU’s defence and internal security satellite system

1. EU: SEARCH & RESCUE AT SEA: WILL ALL EU MEMBER STATES TAKE RESPONSIBILITY?

Council of the European Union: NOTE: From: Greek, Spanish, French, Italian, Cyprus and Maltese delegations: To: Working Party on Frontiers/Mixed Committee: Proposal for a Regulation of the European Parliament and of the Council establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Members States of the European Union – Position on Articles 9 and 10:
http://www.statewatch.org/news/2013/oct/eu-sea-surveillance-14612-13.pdf 

and see also: Proposal for a Regulation of the European Parliament and of the Council establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Members States of the European Union: With Member States’ positions:
http://www.statewatch.org/news/2013/oct/eu-council-surveillance-sea-borders-13331-13.pdf

Articles, in the Commission proposal, covering interception at sea (Articles 6-8, pages 11-18) are set out in great detail in the second document above. Articles 9 (pages 19-22) set out the details for “Search and rescue”. The Note from the six Mediterranean countries seeks to replace the text of Article 9 as set out with a general four-line statement (first document above). It would appear that these six Member States are concerned with the burden the search and rescue clauses might place on them as no meaningful solidarity plan is in place for other Member States to share responsibility.

2.  EU-CIA: European Parliament: Press release: US-led CIA rendition and secret detention programmes: impunity must end: 
http://www.statewatch.org/news/2013/oct/ep-prel-cia-impunity.pdf

“The climate of impunity surrounding EU member states’ complicity in the CIA’s secret “rendition” and detention programmes has allowed violations of fundamental rights to continue unchecked, as revealed by mass surveillance programmes run by the US and some EU member states, said the European Parliament on Thursday. MEPs want Parliament’s right to investigate such violations in the EU to be reinforced, and again urge EU institutions and member states to investigate the CIA operations in depth.

and Resolution, adopted 10 October 2013: Alleged transportation and illegal detention of prisoners in European countries by the CIA (link)
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-%2f%2fEP%2f%2fTEXT%2bTA%2bP7-TA-2013-0418%2b0%2bDOC%2bXML%2bV0%2f%2fEN&language=EN

3.  EU: Member States reassert support for law enforcement access to proposed new Entry/Exit System
http://www.statewatch.org/news/2013/oct/ees-lea-access.htm

Immediate access for law enforcement authorities to one of two proposed EU border control databases is favoured by “a large majority” of EU Member States’ governments, according to minutes from a meeting of the Council of the EU’s Strategic Committee on Immigration, Frontiers and Asylum (SCIFA).This further confirms the determination of Member States to obtain access to the system, should it be developed, for their law enforcement authorities. Discussions on the Commission’s proposal in May saw twenty delegations declaring themselves “in favour of using the EES for law enforcement purposes.”

4. EU: Justice and Home Affairs Council, Luxembourg, 7-8 October 2013: Press release;
http://www.statewatch.org/news/2013/oct/eu-jha-council-final-7-8-oct-13-prel.pdf

“B” Points Agenda (for discussion):
http://www.statewatch.org/news/2013/oct/eu-jha-council-b-pts-7-8-oct-13.pdf

“A” Points Agenda legislative (adopted without discussion): 
http://www.statewatch.org/news/2013/oct/eu-jha-council-a-pts-legis-7-8-oct-13.pdf

“A” Points Agenda non-legislative (adopted without discussion):
http://www.statewatch.org/news/2013/oct/eu-jha-council-a-pts-non-legis-7-8-oct-13.pdf

5.  ECRE: Deaths at sea off the Italian coast: ECRE calls for safe channels for refugees to reach Europe:
http://www.statewatch.org/news/2013/oct/eu-ecre-deaths-at-sea-off%20-the-italian-coast.pdf

6.  EU: Council of the European Union: Cyber issues: “Friends of the Presidency” & Surveillance of external borders

– Report on the activities carried out by the Friends of the Presidency Group on Cyber Issues for the period December 2012 to October 2013 (13970-13): http://www.statewatch.org/news/2013/oct/eu-council-fop-cyber-group-report-13970-13.pdf 

– FRONTEX: Operational cooperation: Proposal for a Regulation of the European Parliament and of the Council establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Members States of the European Union (pdf) With Member States’ positions:
http://www.statewatch.org/news/2013/oct/eu-council-surveillance-sea-borders-13331-13.pdf

7. FRANCE: French court rules police ID-checks legal (Aljazeer, link):
http://www.aljazeera.com/news/europe/2013/10/french-court-rules-police-id-checks-legal-2013102164559779945.html

and see: Human rights organisations say reform of stop and search legislation does not go far enough (Statewatch database):
http://database.statewatch.org/article.asp?aid=31932

8. EU: “FOREIGN FIGHTERS”: Council of the European Union: Terrorism Working Party: Summary of discussions: 
http://www.statewatch.org/news/2013/oct/eu-council-foreign-fighters-13456-13.pdf

““The NL delegation made a presentation on monitoring terrorist travel and provided information on its quick scan enquiry to assess the different instruments already at the disposal of Member States, aiming at gaining knowledge and oversight of all available information systems and at identifying gaps and shortfalls….”

And see: EU seeks increased surveillance of travel and social media to deal with “foreign fighters”:
http://www.statewatch.org/news/2013/jul/foreign-fighters.htm

9. CoE: Parliamentary Assembly: Lampedusa: call for investigation into allegations that boats failed to carry out rescue (link):
http://assembly.coe.int/nw/xml/News/News-View-EN.asp?newsid=4691&lang=2&cat=134

10. SWEDEN-PROFILING: UN Committee on the Elimination of Racial Discrimination: Concluding observations on the combined nineteenth to twenty-first periodic reports of Sweden, adopted by the Committee at its eighty-third session (12–30 August 2013):The Committee expressed concern at the apparent discrepancy between the number of arrests and the number of convictions under the Swedish Terrorism Act, which gives rise to concerns about unwarranted arrests due to racial profiling: 
http://www.statewatch.org/news/2013/oct/un-sweden-racial-profiling-report.pdf

11.  EU: CYBER CRIME: Council of the European Union: From: General Secretariat of the Council – To: JHA Counsellors/COSI Support Group: Implementation EU Policy cycle for organised and serious international crime: Multi-Annual Strategic Plan (MASP) related to the EU crime priority “cybercrime”: http://www.statewatch.org/news/2013/sep/eu-council-cosi-masp-2014-2017-cybercrime-12759-rev3-13.pdf

12. EU: DATA PROTECTION AND THE POLICE SECTOR: Council of Europe: Report: Recommendation R (87) 15 – Twenty–five years down the line by Professor Joseph A. Cannataci and Dr. Mireille M. Caruana:
http://www.statewatch.org/news/2013/oct/coe-report-data-privacy-in-the-police-sector.pdf

13. EU: Surveillance and spying: “the time to be politically active on these themes is now”
http://www.statewatch.org/news/2013/oct/spies-interview.htm

The scandal surrounding police infilitration of protest movements has rumbled on since late 2010, when undercover officer Mark Kennedy was exposed by his former friends. While Kennedy is known to have chiefly infilitrated the environmental movement, the most recent revelations have centred on attempts by London’s Metropolitan Police to use undercover officers to gain intelligence on anti-racist and justice campaigns, such as that of Stephen Lawrence’s family…. Film director Jason Kirkpatrick, a former friend of Mark Kennedy’s, has decided to make a documentary on the scandal. 

14. EU: ‘Virtual borders’ scheme to track every non-EU citizen (euobserver, link):
http://euobserver.com/priv-immigration/121532

See: Council of the European Union: Proposal for a Regulation establishing an Entry/Exit System (EES) to register entry and exit data of third country nationals crossing the external borders of the Member States of the European Union with Member State positions:
http://www.statewatch.org/news/2013/oct/eu-council-entry-exit-12860-13.pdf

15. GREECE: FRONTEX activities on Mytilene, Greece: Attempt to take over “open” PIPKA migrant centre, “closed” detention centre set up – FRONTEX claim that families were not expelled from their rooms refuted:
http://www.statewatch.org/news/2013/sep/frontex-mytilene-operations.htm

Earlier this month the EU’s border agency FRONTEX was accused by migrant support groups on the Greek island of Mytilene of expelling migrant families from rooms that they were occupying, in order to set up their own offices at the PIPKA “open” migrant centre. FRONTEX subsequently disputed these claims, saying that the events described never took place. Now groups on the island have issued a statement disputing FRONTEX’s statement and describing in detail their version of events.

16. ITALY: Migrants killed on Sicilian tourist beach (euronews, link), includes horrific picture:
http://www.euronews.com/2013/09/30/migrants-killed-on-sicilian-tourist-beach/

17. EU: Council of the European Union: Freezing of assets: Trilogue text: Proposal for a Directive of the European Parliament and of the Council on the freezing and confiscation of proceeds of crime in the European Union: Text submitted by the Presidency on behalf of the Council in view of the Fourth Trilogue on 2 October 2013 (pdf) and: Commission proposal: 
http://www.statewatch.org/news/2013/sep/eu-council-trilogue-text-freezing-assets.pdf

18. BELGIUM: Tear gas and water canon used on Afghan asylum seeker children and women in Belgium protest .(Kabulblog, link)
http://kabulblog.blog.com/2013/09/26/tear-gas-water-canon-used-at-afghan-asylum-seeker-children-and-women-in-belgium-protest/

19. EU: The European Police Chiefs Convention: “allowing law enforcement leaders to influence wider policy and legislative developments”
http://www.statewatch.org/news/2013/sep/epcc.htm

Earlier this month the annual European Police Chiefs Convention was held in The Hague, with over 200 police chiefs and law enforcement officials from Europe and beyond meeting to discuss police leadership; witness protection and informant handling; data protection; and modern technology. A Europol report on the Convention shows that police chiefs are hoping to weaken proposed new EU data protection regulations; develop closer links between police forces, technology firms and research institutes; increase international police collaboration; and will in the future consider setting up an EU fund for the payment of informers.

20. EU-USA: INTERIOR MINISTERS:G6 MEETING: G6 interior ministers meet with U.S. counterparts in Rome (German, Miniister of Interior, link):
http://www.bmi.bund.de/SharedDocs/Kurzmeldungen/EN/2013/09/g6.html

The secretive Group of Six (G6) countries are France, Germany, Italy, Poland, Spain and the United Kingdom. The USA attends the meeting on the second day. Their interior ministers meet every six months under a rotating presidency. No agendas, documents or G6 press releases have been made available for years. See also: Readout of Acting Secretary Beers’ Visit to Italy (USA Department of Homeland Security, link):
http://www.dhs.gov/news/2013/09/13/readout-acting-secretary-beers%E2%80%99-visit-italy

and European, U.S. Ministers Build Security Cooperation (IIP Digital, link):
http://iipdigital.usembassy.gov/st/english/article/2013/09/20130916282964.html#axzz2fzq9UD1y

21. UK: Peace campaigners to go on trial during week of action against armed drones
http://www.statewatch.org/news/2013/sep/drones-protests.htm

22. SWEDEN: ROMA POLICE REGISTER: Over one thousand children illegally registered (DN.se):
http://www.statewatch.org/news/2013/sep/sweden-roma-register.pdf

• Swedish police have illegally registered Romanis, in a document containing 4.029 names from all over the country. The file is used in police work and can be accessed by a large number of employees.
• Over one thousand of the people in the document are minors. 52 of the names in the file belong to two year old children. They are on the list for one reason only: they were born into Romani families.
• It is not a record of criminal activity. Many of the adults listed have never been convicted of any crime. The document identifies family ties – it is a registry based on biology.

23. EU: UK JHA OPT-OUT: Letter: European Parliament President to Commission:
http://www.statewatch.org/news/2013/sep/uk-eu-letter-schulz-to-barroso.pdf

and Letter: Commission President to the European Parliament:
http://www.statewatch.org/news/2013/sep/eu-uk-letter-barroso-to-president-shulz.pdf

See: Statewatch Analysis including details of measures concerned 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

24. GREECE: FRONTEX: Welcome to Europe have released another press release on Frontex’s activities on the island: Screened by Frontex after ten hours in the sea (Welcome to Europe, link): http://lesvos.w2eu.net/2013/09/18/press-release-w2eu-screened-by-frontex-after-ten-hours-in-the-sea/

25. UK: Policing of protest: documents on Police Liaison Officers released following Freedom of Information request:
http://www.statewatch.org/news/2013/sep/uk-protest-plos.html

26. EU: Asylum Information Database: Annual Report 2012/13: Not There Yet: An NGO Perspective on Challenges to a Fair and Effective Common European Asylum System: http://www.statewatch.org/news/2013/sep/aida-annual-report-2012.pdf

“There is still a long way to go in the establishment of a fair and efficient Common European Asylum System despite more than 12 years harmonising national asylum policies and the adoption of the ‘asylum package’ in June 2013. The report looks at asylum systems in 14 EU Member States and illustrates huge differences as regards the procedural rules and safeguards for asylum seekers, their access to shelter and employment, and the use of detention.”

27. European Parliament approves readmission and visa agreements with Cape Verde
http://www.statewatch.org/news/2013/sep/eu-cv-readmission.html

28. EU: Statewatch Observatory on Frontex updated:
http://www.statewatch.org/observatories_files/frontex_observatory/index.html

General Report 2012:
http://www.statewatch.org/observatories_files/frontex_observatory/index.html

29. EU wants access to more national police units for “robust” missions outside European borders
http://www.statewatch.org/news/2013/sep/eeas-police-questionnaire.htm

The European External Action Service (EEAS) has been seeking information from EU Member States about the availability of national police officers for Common Security and Defence Policy (CSDP) missions outside of the EU. There are currently ten civilian CSDP operations in the Occupied Palestinian Territories, Kosovo, Libya, Afghanistan, the Democratic Republic of Congo and Iraq, amongst other places.

30. IRELAND: DNA database legislative proposal published: DNA database to become operational in Republic of Ireland (BBC News);
http://www.bbc.co.uk/news/world-europe-24045905

DNA data ‘to respect human rights’ and New DNA database will have profiles of 1,000 sex offenders (Irish Independent);
http://www.independent.ie/irish-news/new-dna-database-will-have-profiles-of-1000-sex-offenders-29571368.html

DNA database is one more tool that will help perpetrators, says RCNI:
http://www.thejournal.ie/dna-database-1079092-Sep2013/

and Serious criminals will have DNA logged on international database (The Journal);
http://www.thejournal.ie/dna-database-shatter-1078675-Sep2013/

and Watchdog calls for privacy guarantees on DNA data sharing (Irish Council for Civil Liberties);
http://www.iccl.ie/news/2013/09/11/watchdog-calls-for-privacy-guarantees-on-dna-data-sharing.html

See the full-text: of the Criminal Justice (Forensic Evidence and DNA Database System) Bill 2013:
http://www.oireachtas.ie/documents/bills28/bills/2013/9313/b9313d.pdf

and the Irish government’s Explanatory Memorandum: 
http://www.oireachtas.ie/documents/bills28/bills/2013/9313/b9313dmemo.pdf

31.  ITALY: Riots close Italy’s immigrant detention centers (WorkerFreedom, link):
http://news.infoshop.org/article.php?story=20130911224516932&mode=print

“CIE detainees often try to break out, resist, harm themselves or go on hunger strike. Now they have succeeded in doing what organizations, politicians and activists have been unable to do: close CIEs. The fight against CIEs (illegal immigrant detention centers) has taken different forms: from the LasciateCIEntrare (“Let us in”) campaign to allow journalists to visit and write about these prisons to active support from autonomist and anarchist groups. CIE detainees often try to break out, resist, harm themselves or go on hunger strike. Now they have succeeded in doing what organizations, politicians and activists have been unable to do: close CIEs.”

32. UK: Police use of Tasers more than doubles
http://www.statewatch.org/news/2013/sep/police-tasers.htm

The number of times police officers in England and Wales have fired Tasers – electro-shock weapons that deliver up to 1,200 volts into the body through metal probes that pierce the skin – more than doubled between 2009 and 2011, according to figures released by the Home Office this week. During 2009 police officers used Tasers 3,128 separate times. By the end of 2011 this had increased to 7,877 uses.

33. HUNGARY: Hungary is about to criminalise homelessness once again:
http://www.statewatch.org/news/2013/sep/hungary-criminalising-homelessness.pdf

and The criminalization of homelessness in Hungary between 2010 and 2013: 
http://www.statewatch.org/news/2013/sep/hungary-criminalising-homelessness-file.pdf

“By passing a new law that would criminalize street homelessness, the Hungarian government is once again about to violate the fundamental right to human dignity, defy the country’s international obligations, and go directly in the face of the judgement of Hungarian Constitutional 
Court.”

34. EU: European Commission: Right to a lawyer: Press release: Another landmark of the procedural rights agenda has been met: European Parliament adopts Commission proposal on access to a lawyer: 
http://www.statewatch.org/news/2013/sep/eu-com-right-to-lawyer-prel.pdf

35. COE-UK: Council of Europe: Press release: Court confirms ruling to halt UK plans for US extradition of terrorist suspect (link): Judges have rejected a request from the United Kingdom that they re-examine a decision to stop the government’s plan to extradite a terrorism suspect to the United States:
http://www.humanrightseurope.org/2013/09/court-confirms-ruling-to-halt-uk-plans-for-us-extradition-of-terrorist-suspect/

36. NORTHERN IRELAND: DUBLIN II: High Court of Northern Ireland quashes Dublin II decision of UK Border Agency to return Sudanese family to Ireland (Asylum Information Database, link):
http://www.asylumineurope.org/news/10-09-2013/high-court-northern-ireland-quashes-dublin-ii-decision-uk-border-agency-return

and Full-text court judgment: http://www.statewatch.org/news/2013/sep/ni-ALJ-A-B-and-C-judicial-review-2013-NIQB-88.pdf

37. EU: Towards a Surveillant Society: The Rise of Surveillance Systems in Europe by Thomas Mathiesen:
http://www.watersidepress.co.uk/acatalog/Towards-a-Surveillant-Society-9781904380979.html#SID=34

38. EU: EU police special forces network to become “more and more useful” and to receive increased financial support
http://www.statewatch.org/news/2013/aug/eu-atlas.htm

The European network of national police special forces units that goes under the name of Atlas is to receive an increase in funding from the European Commission and, according to the EU Counter-Terrorism Coordinator, will “prove more and more useful” in the future. Atlas has five internal working groups, dealing with ships, aircraft, buildings, transport and penetration, each one of which “works to make the intervention of the special units more effective.”

39. EU-US: Satellite states: Commission prepares for negotiations with the US on EU’s defence and internal security satellite system:
http://www.statewatch.org/news/2013/aug/eu-us-galileo.htm

The EU is currently developing a “public regulated service” (PRS) for its Galileo global positioning satellite system that will be used by EU institutions and Member States for “sensitive applications that require a high level of continuity” and that may be “very sensitive from a political and strategic viewpoint”, such as those used by the military and internal security forces. The European Commission is currently preparing for negotiations with the US on providing access to this “public regulated service” (PRS), through which highly sensitive information will be transmitted, despite concerns over the US National Security Agency’s mass surveillance programs and recent calls from some senior EU figures for European “autonomous security capabilities”. 
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