Statewatch News Online, 28 October 2013 (17/13): EU rules on maritime rescue: Member States quibble while migrants drown

28 October 2013 — Statewatch News Online,  28 October 2013 (17/13)

Home page: http://www.statewatch.org/ 
e-mail: office@statewatch.org
 
EU “SEARCH & RESCUE

1.   Joint declaration: To the Heads of State and Government:  Migreurop 
2.   Statewatch Analysis: EU rules on maritime rescue: Member States quibble while migrants drown
3.   THE COUNCIL DIFFERING
4.   Draft European Parliament report
5.   Italy and Malta say ‘No’ to Frontex rules in sea rescue operations
6.   UNHCR Chief expresses shock at new Mediterranean boat tragedy

EU: DATA PROTECTION REGULATION

7.  THE EUROPEAN COUNCIL PUT OFF DECISION UNTIL 2015
8.  Critics condemn new EU data-protection legislation
9.  Data protection vote – one step forward, two big steps backwards (EDRI)
9.  ‘Breakthrough’ on EU data protection bill

NEWS

10.  NORWAY: Police testing surveillance drones in Oslo
11.  UK: Increased deployment of Tasers in London “should not have to involve politicians”:
12.  NORTHERN IRELAND: Book claims ‘indisputable evidence of security forces collusion’ 
13.  EU: Council of the European Union: Seasonal workers, LEA access to EES, RTP, Researchers and students Directive
14.  EU: Council of the European Union: Europol, European Public Prosecutors Office, Policy Cycle and ECHR accession
15.  EU: EUROPEAN PARLIAMENT VOTES TO SUSPEND EU-USA SWIFT AGREEMENT
16.  EU: SMART BORDERS: European Parliament study:
17.  EU: Ashton calls for military-grade drones in EU airspace
18.  ECHR: Court: Spain must free terror convict Ines Del Río Prada
19.  EU: POLICE COOPERATION: two year-long, EU-funded project aimed at improving police cooperation
20.  GREECE: Two sought by police in Crete for attack on immigrant workers
21.  EU: Frontex cancels surveillance plane contract due to lack of interest from companies
22.  EU: ACCESS TO DOCUMENTS: European Court of Justice rules in favour of greater transparency of the Council of the EU
23.  ECHR: Making internet news liable for content
24.  EU-ECJ: Press release: Including fingerprints in passports is lawful
25.  GERMANY: Anger and ultimatums over raids on migrants in Hamburg
26.  UK: Race & Class: HILLSBOROUGH: Resisting injustice, recovering truth, Lecture Speaker: Phil Scraton
27.  EU: EUROSUR: Goals of Eurosur border scheme questioned
28.  EU-CIA: European Parliament: Press release: US-led CIA rendition and secret detention programmes: impunity must end
29.  GERMANY: State surveillance of MPs
30.  UK: Police colluded in secret plan to blacklist 3,200 building workers

USING THE STATEWATCH WEBSITE

EU “SEARCH & RESCUE

1. EU; SEARCH & RESCUE: Joint declaration: To the Heads of State and Government ahead of the European Council summit on 24 and 25 October 2013: 

“In the wake of the shipwreck that saw more than 300 people drown off the shores of Lampedusa on 3 October, the Migreurop network, together with several organisations based in the north and the south of the Mediterranean, has questioned the responsibility of European states and their partners in the implementation of the EU’s migration policy (see the opinion column “ Murderous Europe” on 4 October 2013), and has also expressed its concern to the European Parliament on the role played by the European border agency, Frontex, during this incident (see the press release attached: “ Frontex : controlling or saving lives?” on 9 October 2013). Ahead of the European Council summit, Migreurop calls on the heads of State and government to abandon security-oriented and repressive asylum and immigration policy.”
http://www.statewatch.org/news/2013/oct/eu-migreurop-declaration.pdf

2. EU: MARITIME SURVEILLANCE: SEARCH & RESCUE: Statewatch Analysis: EU rules on maritime rescue: Member States quibble while migrants drown  by Steve Peers, Professor of Law, University of Essex:
http://www.statewatch.org/analyses/no-243-eu-search-and-rescue.pdf

“For many years now, the death toll of migrants who drown while attempting to reach the European Union in search of a better life has tragically been rising. Most recently, public opinion was particularly shocked when hundreds of migrants drowned when a single vessel sank off the coast of Italy. The Italian government has called for the EU to adopt an action plan to deal with the issue, and the Prime Minister of Malta, calling the Mediterranean a ‘graveyard’, has called on the EU to act.

Yet shockingly, these Member States, along with four others, are blocking an EU proposal on the table that contains concrete rules on the search and rescue of migrants – precisely and solely because it contains rules on search and rescue (along with disembarkation) of migrants. In fact, they describe their opposition to such rules as a ‘red line’, ie they refuse to negotiate on their opposition to any detailed EU rules which concern saving migrants’ lives.” [emphasis in original]

3. EU: MARITIME SURVEILLANCE: SEARCH & RESCUE: THE COUNCIL DIFFERING: Council of the European Union: 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 
http://www.statewatch.org/news/2013/oct/eu-council-maritime-surv-14753-13.pdf

 “Certain delegations” support the Commission’s detailed search and rescue procedures in Articles 9-10 while “six delegations” (ie: Greek, Spanish, French, Italian, Cyprus and Maltese) say the EU has no “competence” and that “these elements should be deleted” and replaced by a, short, general obligation to international law.

Although the Council Presidency observes: “The Presidency considers that leaving such elements to be ruled in the operational plans adopted by Frontex could be seen as delegating to Frontex the powers to establish essential elements of legislation touching upon the fundamental rights of individuals which pursuant to the abovementioned ECJ judgement should be reserved to the EU legislature, the very reason for which the 2010 Decision has been annulled.” It nonetheless proposes that “The proposal of the six Member States could be used as a starting point” and by adding the “necessary substantial rules and criteria regarding search and rescue and disembarkation, which Frontex would need to observe when establishing the operational plan.”

And see: The European Parliament Draft Report accepts the Commission’s proposals for search and rescue: See:
http://www.statewatch.org/news/2013/oct/ep-draft-report-maritime-surveillance.pdf

European Parliament: LIBE Committee: Working Document no 1:
http://www.statewatch.org/news/2013/oct/ep-working-doc-no-1-maritime-surv.pdf

and Working Document no 2:
http://www.statewatch.org/news/2013/oct/ep-working-doc-no-2-maritime-surv.pdf

4. EU: MARITIME SURVEILLANCE & SEARCH AND RESCUE: Draft European Parliament report: on the proposal for a regulation 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 EU: 
http://www.statewatch.org/news/2013/oct/ep-draft-report-maritime-surveillance.pdf

This draft Report from the LIBE Committee proposes small changes to Articles 6-9 except for deleting: :

“(e) ordering the ship to modify its course outside of or towards a destination other than the territorial sea or the contiguous zone, including escorting the vessel or steaming nearby until the ship is heading on such course” Justification: The UN Convention on the Law of the Sea provides for the freedom of navigation on the high seas. It is therefore not possible for a participating unit to order the ship to modify its course on the high seas.

And see Background on the issue of “Search and rescue”:

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.

5. EU: SEARCH & RESCUE: Italy and Malta say ‘No’ to Frontex rules in sea rescue operations (euobserver, link):
http://euobserver.com/justice/121794

““All these countries are asking the other member states to help them and to take responsibility but at the same time they don’t want those member states to be responsible for the search and rescue through common guidelines drawn up by the commission,” Ann Singleton, co-chair of the trustees of the UK-based civil liberties group Statewatch…..the EU has ended up with “a hotch-potch of counter-productive control of immigration border policies”, which has resulted in tens of thousands of deaths over the last decade.”

6.  EU: UNHCR Chief expresses shock at new Mediterranean boat tragedy (link): ” UNHCR is calling for a number of urgent measures to prevent further tragedies and increase burden sharing”: http://www.unhcr.org/print/52594c6a6.html

See also: Lampedusa toll at 311 as Italy divers finish boat search (BBC News, link),
http://www.bbc.co.uk/news/world-europe-24485104?print=true

Fortress Europe: How the EU Turns Its Back on Refugees (Spiegel Online, link): “They come seeking refuge, but when asylum seekers cross into the European Union, they often find little compassion. In Greece, they are held in squalid detention camps, while in Italy they often end up on the street. Here is what they face at entry points across the EU.” 
http://www.spiegel.de/international/europe/asylum-policy-and-treatment-of-refugees-in-the-european-union-a-926939-druck.html

and EU Plans Big Brother System in Mediterranean – In the wake of last week’s tragedy on Lampedusa, the EU is planning a system that uses drones and satellites to track refugees at sea. But it doesn’t offer ways to save people like those killed in the deadly incident (Spiegel Online, link):
http://www.spiegel.de/international/europe/europe-plans-to-protect-shores-from-mass-migration-a-927359-druck.html

EU: DATA PROTECTION REGULATION

7. EU: DATA PROTECTION REGULATION:THE EUROPEAN COUNCIL PUT OFF DECISION UNTIL 2015: Data protection rules delayed at EU summit talks (euractiv, link): http://www.euractiv.com/print/specialreport-digital-single-mar/france-germany-form-anti-spy-pac-news-531306

“the adoption of a proposed EU data protection regulation was delayed until 2015….Early drafts of the European Council conclusions called for the DPR to be completed by “Spring 2014”. That was later changed to “during 2014”, an amendment that was strongly criticised by the Commission.

A high-ranking EU official said before the summit that the European Commission hoped that the wording would change back to “next Spring”, rather than “next year” to give more impetus to the proposal. The final conclusions have now been amended to read “by 2015’”

See also: Council Conclusions: Section 8:
http://www.statewatch.org/news/2013/oct/eu-council-concl-24-25-oct-13.pdf

8. EU: DATA PROTECTION REGULATION: Critics condemn new EU data-protection legislation (BBC News, link)

EU: DATA PROTECTION: Data protection vote – one step forward, two big steps backwards (EDRI, link):
http://www.edri.org/

” The European Parliament’s Civil Liberties Committee held a crucial vote this evening on the future of privacy and data protection in Europe.
We applaud Parliamentarians for supporting – and even improving – several important and valuable elements of the original Commission proposal. We are particularly happy that the Committee chose to overturn the Commission’s proposal to allow Member States the scope to exempt themselves from the rules on profiling. Nonetheless, we are shocked and disappointed that Parliamentarians voted to introduce massive loopholes that undermine the whole proposal.”

and see: Major Loopholes in Privacy Regulation – EU Parliament Must Stand For Citizens (La Quadrature du Net, link):
https://www.laquadrature.net/en/major-loopholes-in-privacy-regulation-eu-parliament-must-stand-for-citizens

also: European Parliament: Press Release: Civil Liberties MEPs pave the way for stronger data protection in the EU:
http://www.statewatch.org/news/2013/oct/ep-libe-dp-vote-prel.pdf

European Data Protection Supervisor (EDPS): An important and welcome step towards stronger and more effective data protection in Europe:
http://www.statewatch.org/news/2013/oct/eu-dp-reg-edps-prel-libe.pdf

and Article 29 Data protection Working Party: Press release:
http://www.statewatch.org/news/2013/oct/ep-libe-dp-vote-art-29-wp-prel.pdf

also: Peter Schaar on the new proposals from the European Parliament: The European data protection reform must be completed rapidly: 
http://www.statewatch.org/news/2013/oct/eu-dp-reg-schaar-prel.pdf

9.  EU: DATA PROTECTION: ‘Breakthrough’ on EU data protection bill (euobserver, link):
http://euobserver.com/justice/121817

“After 18 months of intense negotiations, MEPs spearheading the European Data Protection regulation have reached a compromise. The heavily lobbied draft bill, which included a record-breaking 4,000 amendments, is now set for a committee orientation vote in the next plenary session in Strasbourg….A so-called anti-FISA clause, removed at the Commission’s draft stage of the document following pressure from the US, is now back in the draft.”

See previous coverage: 

The following Note, released by Statewatch, from the USA was sent to the European Commission listing its opposition to key clauses in the draft revision of the Data Protection Directive: Informal Note on Draft EU General Data Projection Regulation (December 2011):
http://www.statewatch.org/news/2012/jan/eu-dp-usa-note.pdf

This was accompanied by a lobbying campaign at the stage of Inter-service consultation within the Commission. It is therefore no surprise to learn that: EU Commission Postpones Publication of Proposal for Revised Data Protection Directive (Privacy and Information Security Law blog, link)
http://www.huntonprivacyblog.com/2012/01/articles/eu-commission-postpones-publication-of-proposal-for-revised-data-protection-directive/

See also: EDRI comments: US lobbying against draft Data Protection Regulation (link):
http://www.edri.org/US-DPR

NEWS

10. NORWAY: Police testing surveillance drones in Oslo;
http://www.statewatch.org/news/2013/oct/drones-police-oslo1.htm

11. UK: Increased deployment of Tasers in London “should not have to involve politicians”:
http://www.statewatch.org/news/2013/oct/tasers-london.htm

12. NORTHERN IRELAND: Book claims ‘indisputable evidence of security forces collusion’ (BBC News, link): “A new book claims members of the RUC and UDR were part of a loyalist gang that killed more than 100 people in the 1970s:
http://www.bbc.co.uk/news/uk-northern-ireland-24645945?print=true

13. EU: Council of the European Union: Seasonal workers, LEA access to EES, RTP, Researchers and students Directive

– Seasonal workers: Proposed “compromise”: Proposal for a Directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of seasonal employment [First reading] – Analysis of the draft final compromise text with a view to agreement (128 pages) Multicolumn text following the 7th trilogue meeting with the European Parliament:
http://www.statewatch.org/news/2013/oct/eu-council-seasonal-final-compromise-14683-13.pdf

– LEA access to Entry/Exit System: Draft Regulation of the European Parliament and of the Council 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 – Access for law enforcement purposes (pdf): Contrary to the Commission proposal: “a large majority of delegations favoured to provide for access to the EES for law enforcement purposes, and in particular for the purpose of combating cross-border crime and terrorism, from the date of start of the operation of the EES.”:
http://www.statewatch.org/news/2013/oct/eu-council-leas-entry-exit-13617-13.pdf

– Proposal for a Regulation of the European Parliament and of the Council establishing a Registered Traveller Programme (pdf) Council discussions – with Member State positions: http://www.statewatch.org/news/2013/oct/eu-council-rtp-13894-13.pdf

– Researchers and students: Proposal for a Directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of research, studies, pupil exchange, remunerated and unremunerated training, voluntary service and au pairing [Recast] With 234 Member State interventions. 
http://www.statewatch.org/news/2013/oct/eu-council-researchers-consolidated-14504-13.pdf

And see: Council position on mobility clauses: 
http://www.statewatch.org/news/2013/oct/eu-council-researchers-14158-13.pdf

14. EU: Council of the European Union: Europol, European Public Prosecutors Office, Policy Cycle and ECHR accession

– EUROPOL: Proposal for a Regulation of the European Parliament and of the Council on the European Union Agency for Law Enforcement Cooperation and Training (Europol) and repealing Decisions 2009/371/JHA and 2005/681/JHA – Revised Chapters I-II and Annex 1 (pdf) Contains 132 Member State positions: http://www.statewatch.org/news/2013/oct/eu-council-europol-reg-14805-13.pdf

– Proposal for a Council Regulation on the establishment of the European Public Prosecutor’s Office – Follow-up to the first meeting of the Working Party Discussion on stricture and powers of the EPPO: 
http://www.statewatch.org/news/2013/oct/eu-council-eppo-14914-13.pdf

– COSI & CUSTOMS: Draft 7th Action Plan, reflective of the EU Policy Cycle: “The proposed 7th Action Plan contains 11 actions which cover one or more of the following work areas: intelligence, operational cooperation, IT systems, training, and inter agency and institutional cooperation.”
http://www.statewatch.org/news/2013/oct/eu-council-cosi-7th-policy-cycle-12468-rev2-13.pdf

– ECHR: EU ACCESSION: DECLASSIFIED: Authorisation to produce Council documents before the Court of Justice in Case A-2/13 and decision on the necessary de-classification: http://www.statewatch.org/news/2013/oct/eu-council-cls-echr-accession-declass-14412-13.pdf

and Accession of the European Union to the European Convention for the protection of human rights and fundamental freedoms (ECHR): = Exchange of views/Certain issues: http://www.statewatch.org/news/2013/oct/eu-council-eu-echr-accession-declass-8915-ext1-12.pdf
 
15. EU: EUROPEAN PARLIAMENT VOTES TO SUSPEND EU-USA SWIFT AGREEMENT: European Parliament press release: MEPs call for suspension of EU-US bank data deal in response to NSA snooping:
http://www.statewatch.org/news/2013/oct/ep-swift-vote-prel.pdf

“The EU should suspend its Terrorist Finance Tracking Program (TFTP) agreement with the US in response to the US National Security Agency’s alleged tapping of EU citizens’ bank data held by the Belgian company SWIFT, says a non-binding resolution voted by Parliament on Wednesday. The resolution, tabled by the S&D, ALDE and Greens/EFA groups, was passed by 280 votes to 254, with 30 abstentions.

Although Parliament has no formal powers to initiate the suspension or termination of an international deal, “the Commission will have to act if Parliament withdraws its support for a particular agreement”, says the approved text. It adds that Parliament will take account of the Commission’s response to this demand when considering whether to give its consent to future international agreements.”

See: Unofficial version of the adopted Resolution:
http://www.statewatch.org/news/2013/oct/ep-swift-unofficial-version-swift-resolution.pdf

and European Commission: Statement by Commissioner Malmström on the European Parliament’s resolution on the EU-US TFTP agreement: 
http://www.statewatch.org/news/2013/oct/eu-com-swift-statement.pdf

16. EU: SMART BORDERS: European Parliament study: The Commission’s legislative proposals on Smart Borders: their feasibility and costs:
http://www.statewatch.org/news/2013/oct/ep-smart-borders-study.pdf

“This study examines the technical feasibility and financial soundness of the Commission legislative proposals to establish a EU Entry/Exit System (EES) and EU Registered Traveller Programme (RTP) for the external borders of the Union. It puts the impact assessment documents accompanying the proposals in comparative perspectives with likeminded initiatives in third countries (USVIST), at the national level in the EU (UK border checks and e-Borders), and with past European initiatives (SIS II, VIS). It finds that it is not reasonable to consider that the measures envisaged in the smart borders package are technically feasible and financially sounds, and formulates recommendations to the LIBE Committee and the European Parliament in this regard.”

17.  EU: Ashton calls for military-grade drones in EU airspace (euobserver, link):
http://euobserver.com/defence/121854

See: Preparing the December 2013 European Council on Security and Defence Final Report by the High Representative/Head of the EDA on the Common Security and Defence Policy:  http://www.statewatch.org/news/2013/oct/eu-eeas-military-plan.pdf
 
18. Abertzale hails ECHR decision as “very good news on a human level” [El Pais, link]: “Lawyers for Inés del Río to file for a further 55 ETA inmates to be freed”: http://elpais.com/elpais/2013/10/21/inenglish/1382380521_716176.html

See: ECHR: Court: Spain must free terror convict Ines Del Río Prada (Council of Europe, link):
http://www.humanrightseurope.org/2013/10/court-spain-must-free-terror-convict-ines-del-rio/

and Press release: The Court delivers its Grand Chamber judgment in the Del Río Prada case (ECHR):
http://www.statewatch.org/news/2013/oct/echr-prel-grand-chamber-judgment-Del-Rio-Prada.pdf

“In today’s Grand Chamber judgment in the case of Del Río Prada v. Spain (application no. 42750/09), which is final, the European Court of Human Rights held: by fifteen votes to two, that there had been a violation of Article 7 (no punishment without law) of the European Convention on Human Rights;
unanimously, that since 3 July 2008 the applicant’s detention had not been lawful, in violation of Article 5 § 1 of the Convention; and 
by sixteen votes to one, that the respondent State was to ensure that the applicant was released at the earliest possible date.

The case concerned the postponement of the final release of a person convicted of terrorist offences, on the basis of a new approach – known as the “Parot doctrine” – adopted by the Supreme Court after she had been sentenced.”

See also: Full-text of judgment: http://www.statewatch.org/news/2013/oct/echr-judgment-grand-chamber-Del-Rio-Prada.pdf

19. EU: POLICE COOPERATION: July 2013 saw the conclusion of a two year-long, EU-funded project aimed at improving police cooperation

“Implementation of PRUM decisions: Preparation for the joint police operations in Estonia, Latvia, Lithuania and Poland”: Police officers are being trained to use one of cooperation tool of the Prum Decision: Joint police operations (pdf) The project was based on provisions of the Prüm Decision, which as well as granting Member States access to each other’s DNA, fingerprint, and vehicle registration data databases also: “[A]llows the seconding of police officers to another state with regard to maintenance of public order and security and prevention of criminal offences especially during mass events. One of the most important aspects of the Prüm decision is that it allows the EU Member States to confer executive powers to police officers of other EU Member States seconded to participate in the joint operation.”:
http://www.statewatch.org/news/2013/oct/ee-lv-lt-pl-prum-jpos.pdf

And see: video shows public order training exercises being undertaken by riot police using water cannons, rubber bullets, pepper spray and net guns. See: Practical training to perform joint police operations: https://www.youtube.com/watch?v=1S1W4mrTBPw

20. GREECE: Two sought by police in Crete for attack on immigrant workers (Ekathinevini, link): “All five victims were taken to a medical center in the area and are being treated for their injuries. Police said the immigrants were living in Greece illegally and will be arrested.”:
http://www.ekathimerini.com/4dcgi/_w_articles_wsite1_1_17/10/2013_523549

21. EU: Frontex cancels surveillance plane contract due to lack of interest from companies
http://www.statewatch.org/news/2013/oct/frontex-plane1.htm

The EU’s border agency Frontex has failed in its attempt to purchase a plane for “aerial border surveillance service for the EU external land borders” after “no suitable tenders” were submitted in response to an advert posted at the end of March. The agency sought to purchase an “aircraft equipped with multi-intelligence sensors, radio communication means, ground station and personal equipment, in order to perform aerial surveillance at the external EU land border between Greece and Turkey,” but a notice posted on the EU’s tendering website TED in August shows that the contracting procedure was cancelled following the submission of just one bid. It is unknown which firm made the bid.

22. EU: ACCESS TO DOCUMENTS: European Court of Justice rules in favour of greater transparency of the Council of the EU (Access Info, link):
http://www.access-info.org/en/european-union/501-court-case-ecj-2013

and Full-text of judgment: http://www.statewatch.org/news/2013/oct/ecj-access-info-judgment.pdf

23. ECHR: Making internet news liable for content: Case Law, Strasbourg: Delfi AS v Estonia: Court Strikes Serious Blow to Free Speech Online – Gabrielle Guillemin (Inform’s blog, link):
http://inforrm.wordpress.com/2013/10/15/case-law-strasbourg-delfi-as-v-estonia-court-strikes-serious-blow-to-free-speech-online-gabrielle-guillemin/

and see: Full-text of judgment: http://www.statewatch.org/news/2013/oct/echr-judgment-delfi-AS-v-estonia.pdf

24. EU-ECJ: Press release: Including fingerprints in passports is lawful: 
http://www.statewatch.org/news/2013/oct/ecj-passports-prel.pdf

and Judgment: full-text: http://www.statewatch.org/news/2013/oct/ecj-passports-judgment.pdf

Also: Security trumps privacy, says EU court (euobserver, link):
http://euobserver.com/news/121816

25. GERMANY: Anger and ultimatums over raids on migrants in Hamburg
http://www.statewatch.org/news/2013/oct/hamburg-migrants-raids.htm

Undocumented migrants in Hamburg have a number of long-standing campaigns and are supported by thousands of local citizens. But the authorities have now decided to undertake targeted raids against “people with an African appearance”, and migrants and their supporters have reacted angrily.
Self-organised undocumented migrants have organised a number of high-profile protests and demonstrations across Germany in recent months. In Hamburg, one group that has been very visible is made up of migrants who travelled from Libya to Lampedusa, and after receiving temporary Italian papers continued to Germany where they are now seeking dignified lives.

26. UK: Race & Class (Institute of Race Relations) and the Mannheim Centre for the Study of Criminology and Criminal Justice (LSE): HILLSBOROUGH: Resisting injustice, recovering truth, Lecture to introduce the October issue of Race & Class, 27 November 2013, 7-9pm, London School of Economics: Speaker: Phil Scraton, author of Hillsborough: The Truth and a member of the Hillsborough Independent Panel:
http://www.statewatch.org/news/2013/oct/uk-hillsborough-meeting-27-11-13.pdf

27. EU: EUROSUR: Goals of Eurosur border scheme questioned (DW, link): “The European Parliament has approved Eurosur, which is supposed to prevent illegal immigration off Europe’s southern coasts and save refugees in maritime distress. But some doubt those two goals are compatible.”
http://www.dw.de/goals-of-eurosur-border-scheme-questioned/a-17150945

European Parliament: Press release:
http://www.statewatch.org/news/2013/oct/eu-eurosur-vote-ep-and-text-agreed-with-council-prel.pdf

Full-text Eurosur Regulation: as agreed at 1st reading with the Council of the European Union:
http://www.statewatch.org/news/2013/oct/eu-eurosur-vote-ep-and-text-agreed-with-council.pdf

28. 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.

MEPs are “highly disappointed” by the Commission’s refusal to respond in substance to the recommendations made by Parliament in its September 2012 resolution on the follow-up to the work of its Temporary Committee on the CIA’s alleged use of European countries for the transportation and illegal detention of prisoners. These recommendations are reiterated in this year’s resolution. For example, MEPs again urge the Commission to investigate whether EU rules were breached by collaboration with the CIA programme.”

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

29.  GERMANY: State surveillance of MPs: Press release on judgment of the German Federal Constitutional Court: Observation of Parliamentarians by the Office for the Protection of the Constitution is Subject to Strict Proportionality Requirements: 
http://www.statewatch.org/news/2013/oct/germany-das-bundesverfassungsgericht.pdf

On 17 September 2013 the German Federal Constitutional Court decided that the observation (surveillance) of the former Left Party MP Bodo Ramelow by the domestic secret service, the so-called Office for the Protection of the Constitution (Verfassungsschutz), is disproportionate and violates the MP’s autonomy as guaranteed by article 38 (1) of the Basic Law.

Although the Court did not prohibit the observation of MPs in general, it noted that keeping dossiers on members of the legislative branch of government by an executive agency risks unbalancing the separation of powers. Hence, the judges noted that an observation is only justified if an MP seems likely to abuse his or her seat for an “active and aggressive fight” against the “free and democratic order”.

In the case of Bodo Ramelow, lower courts had already confirmed that the MP was not suspected of working against the German constitutional order even if certain factions of the Left Party are suspected to do so. Ramelow, who joined the party in 1994, was continuously observed (surveilled) by the secret service since 1986, and when he became Member of the Federal Parliament in 2005.

Ramelow’s individual complaint against the secret service practice was turned down by the Federal Administrative Court which now has to revise its decision. However, the comprehensive complaint by the Left Party in Federal Parliament against the surveillance of more than half of its MPs, challenging the relevant provisions of the Office for the Protection of the Constitution Act, was rejected by the Constitutional Court for formalistic reasons.

30. UK: Police colluded in secret plan to blacklist 3,200 building workers – IPCC tells lawyers representing victims it is likely that all Special Branches were involved in providing information (The Observer, link). The role of the Special Branch, attached to each local police force across the country, was not new. In the 1970s they worked with the Economic League: 
http://www.theguardian.com/business/2013/oct/12/police-blacklist-construction-workers-watchdog/print

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