Statewatch News Online, 23 December 2013: UK: Torture victims have “well-founded claim” that UK complicit in their abuse, says High Court

22 December 2013 — Statewatch • e-mail: office@statewatch.org

NEWS
1.   EU: FRA: Racism, discrimination, intolerance and extremism: learning from experiences in Greece and Hungary
2.   UK: Torture victims have “well-founded claim” that UK complicit in their abuse, says High Court
3.   UK: RENDITION: Report of the Detainee Inquiry
4.   EU: Eurojust and Frontex sign Memorandum of Understanding
5.   EU: ACCESS TO DOCUMENTS: European Parliament study
6.   UK: Subject Access Requests – an introduction
7.   ITALY: Outrage over video of ‘degrading treatment’ of Lampedusa migrants 
8.   EU: LIBE Committee endorses “informal” Parliament-Council agreement on freezing and confiscation of proceeds of crime
9.   MALTA: Lampedusa tragedy – a case of political bravado gone wrong? Malta had six options but made the wrong choice
10. EU: SCHENGEN: The Future of the Schengen System; by Steve Peers
11. EU: SURVEILLANCE & SEARCH AND RESCUE IN MED: European Parliament report
12. EU: European Parliament LIBE Committee: Roma discrimination: end illegal expulsions and ethnic profiling, MEPs say
13. EU: European Parliament: European Central Bank: “Independence without democratic scrutiny is dangerous”
14. SECILE Project: Taking stock of EU Counter-terrorism policy and review mechanisms
15. EU: New €77 billion research fund launches; €3.4 billion for security research
16. EU: MANDATORY DATA RETENTION: ECJ: Advocate General condemns massive storage of communications data 
17. Index on Censorship: Time to step up: The EU and freedom of expression
18. EU: Council of the European Union: MARITIME SURVEILLANCE:  Council of the European Union
19. PRIVACY lNTERNATIONAL: International agreement reached controlling export of mass and intrusive surveillance technology
20. MULTINATIONAL SURVEILLANCE & DISRUPTION
21. UK: Multiple arrests as hundreds of student protesters clash with police in central London
22. FRANCE: Right-wing mayor slammed after suggesting Roma people should be left to burn
23. EU: Council of the European Union: Justice and Home Affairs Council, 5-6 December 2013
24. EU: FOOTBALL: Council: Council conclusions: Testing ground for dealing with protests
25. Council of Europe: Parliamentary Assembly: The Equality Committee denounces racial profiling
26. EU: TASK FORCE MEDITERRANEAN: Council of the European Union
27. WATCH THE MED launched
28. EU SEARCH & RESCUE:Council of the European Union
29. EU: SECILE Project Reports: Counter-terrorism laws
30. INTERPOL: MEPs letter: Political abuse of INTERPOL’S systems
31. Council of Europe report: Safeguarding human rights in times of economic crisis
32. European Court of Justice: Where a Member State may not transfer an asylum seeker
33. European Commission publishes new Procedural Rights package
34. UK: Theresa May pressed for explanation of hunger striker’s ‘botched’ deportation
35. Amazon testing drones for deliveries

1. EU: Agency for Fundamental Rights: Racism, discrimination, intolerance and extremism: learning from experiences in Greece and Hungary: 
http://www.statewatch.org/news/2013/dec/eu-fra-2013-thematic-situation-report-greece-hungary.pdf

2. UK: Torture victims have “well-founded claim” that UK complicit in their abuse, says High Court (Reprieve, link): “A High Court judge has today expressed his “concern” over a case brought by an anti-Gaddafi dissident and his wife who were kidnapped and forcibly sent to Libya in a 2004 “extraordinary rendition” operation orchestrated by MI6.”: http://www.reprieve.org.uk/press/toture_victims_claims_well_founded_says_high_court/

Libyan told he cannot pursue rendition claim in case it harms UK interests (Guardian, link):
http://www.theguardian.com/world/2013/dec/20/libyan-rendition-claim-uk-interests

3. UK: RENDITION: Report of the Detainee Inquiry (19 December, pdf)
http://www.statewatch.org/news/2013/dec/uk-report-detainee-inquiry-rendition-dec-2013.pdf

“Documents indicate that in some instances UK intelligence officers were aware of inappropriate interrogation techniques and mistreatment or allegations of mistreatment of some detainees by liaison partners from other countries. Documents indicate that Government or its Agencies may have become inappropriately involved in some cases of rendition.”

Guardian coverage: Rendition inquiry finds questions about UK involvement remain unanswered (link) “Sir Peter Gibson highlights rendition of two Libyans to Tripoli and says allegations ‘plainly required investigation'”: http://www.theguardian.com/world/2013/dec/19/rendition-inquiry-questions-uk-involvement-unanswered

MI6 ‘turned blind eye’ to torture of rendered detainees, finds Gibson report (link) “Britain’s intelligence agencies ‘totally unprepared’ for US response to 9/11 and years later ‘co-operated with interrogations'”: http://www.theguardian.com/uk-news/2013/dec/19/gibson-report-mi6-detainees-torture-cooperated

MI5 and MI6 face questions over torture of terrorism suspects (link) “Gibson inquiry concludes UK government and intelligence agencies had been involved in so-called rendition operations”: http://www.theguardian.com/politics/2013/dec/19/mi5-mi6-questions-torture-terrorism-rendition

4. EU: Eurojust and Frontex sign Memorandum of Understanding (link) “The purpose of the Memorandum of Understanding (MoU) between Eurojust and Frontex is to “define, encourage and improve cooperation” between Eurojust and Frontex in order to “support the fight against serious cross-border crime, such as smuggling and trafficking in human beings””: http://eurojust.europa.eu/press/PressReleases/Pages/2013/2013-12-18.aspx

See: Statewatch observatory on Frontex: http://www.statewatch.org/observatories_files/frontex_observatory/index.html

5. EU: ACCESS TO DOCUMENTS: European Parliament: LIBE Committee: Openness, transparency and access to documents and information in the European Union: http://www.statewatch.org/news/2013/dec/eu-ep-libe-note-openness-transparency-access-documents.pdf

6. UK: Subject Access Requests – an introduction (Network for Police Monitoring, link) Information on why you should ask the police for the data they hold about you: http://netpol.org/campaigns/dont-be-on-a-database/subject-access-requests-an-introduction/

7. ITALY: Outrage over video of ‘degrading treatment’ of Lampedusa migrants (euronews, link):
http://www.euronews.com/2013/12/18/outrage-over-video-of-degrading-treatment-of-lampedusa-migrants/

Outcry in Italy over video of naked refugees being disinfected in public (Guardian, link) “Video footage appearing to show migrants at the reception centre on Lampedusa standing naked in the open air while waiting to be sprayed for scabies has provoked a storm of protest in Italy.”
http://www.theguardian.com/world/2013/dec/17/italy-outcry-naked-refugees-sprayed-scabies

8. EU: LIBE Committee endorses “informal” Parliament-Council agreement on freezing and confiscation of proceeds of crime
http://www.statewatch.org/news/2013/dec/eu-confiscation-directive.html

9. MALTA: Lampedusa tragedy – a case of political bravado gone wrong? Malta had six options but made the wrong choice (Malta Independent, link)
http://www.independent.com.mt/articles/2013-12-15/news/lampedusa-tragedy-a-case-of-political-bravado-gone-wrong-3465871382/

Documents, maps and eye-witness accounts seem to indicate that the Maltese government took what was the riskiest and least logical of the six choices it had available on 11 October, when the country was charged with coordinating the rescue of hundreds of Syrian migrants off Lampedusa. Any of the other five choices could have prevented the migrant tragedy, but all the available evidence leads to the conclusion that Malta had tried to rescue the migrants on its own, instead of asking for the assistance that was available.

10. EU: SCHENGEN: The Future of the Schengen System; Report by Steve Peers for the Swedish Institute for European Policy Studies: 
http://www.statewatch.org/news/2013/dec/eu-schengen-future-report-nov-13.pdf

The principles governing the Schengen co-operation have been under review and in 2013 – after rather long and difficult negotiations – the EU institutions agreed on a new set of rules. The Future of the Schengen System, by Professor Steve Peers, analyses these rules and their significance for the free movement in the EU. The author also formulates recommendations as to how to ensure that the Schengen system will remain “transparent, effective, legitimate and compliant with human rights”.

11. EU: SURVEILLANCE & SEARCH AND RESCUE IN MED: European Parliament report on the 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 Member States of the European Union (A7-0461/2013):
http://www.statewatch.org/news/2013/dec/eu-ep-report-sea-border-surveillance-A7-0461.pdf

12. EU: European Parliament LIBE Committee: Roma discrimination: end illegal expulsions and ethnic profiling, MEPs say (press release) 
http://www.statewatch.org/news/2013/dec/2013-12-12-ep-end-roma-discrimination.pdf

European Parliament resolution on the progress made in the implementation of the National Roma Integration Strategies (B7-0555/13):http://www.statewatch.org/news/2013/dec/2013-12-12-ep-roma-resolution-draft.pdf

13. EU: European Parliament: European Central Bank: “Independence without democratic scrutiny is dangerous” (press release):
http://www.statewatch.org/news/2013/dec/2013-12-12-ep-ecb-oversight-pr.pdf

“The European Central Bank (ECB) has played a key role in fighting the crisis in Europe in recent years, making it important to scrutinise what it is doing. It has been part of the troika of international lenders that manage the bailouts for crisis-stricken EU countries and is preparing to take on the supervision over Europe’s largest banks. On 12 December the European Parliament votes on a report reviewing the ECB’s work in 2012, which is why we asked three MEPs from different groups about it.”

European Parliament report on the European Central Bank Annual report for 2012 (A7-0382/13):
http://www.statewatch.org/news/2013/dec/2013-11-13-ep-ecb-annual-report-2012.pdf

14. SECILE Project: Taking stock of EU Counter-terrorism policy and review mechanisms: Summary of Statewatch’s findings for SECILE project 
http://www.statewatch.org/news/2013/dec/SECILE-sw-summary.pdf

SECILE is an EU-funded research project examining the impact, legitimacy and effectiveness of European Union counter-terrorism measures. Statewatch’s role in the project is to conduct a ‘stocktake’ of EU counter-terrorism measures and to collect and analyse data about their implementation. This summary documents summarises three of Statewatch’s four reports: 

“The EU appears far more concerned with assessing the exercise of its authority than with evaluating its effectiveness in the context of counter-terrorism. The legitimacy of EU counter-terrorism policy is simply taken for granted by legislators while challenges to the EU’s legitimacy have consistently been met with the conviction that “more Europe” is the only solution.”

15. EU: New €77 billion research fund launches; €3.4 billion for security research
http://www.statewatch.org/news/2013/dec/horizon2020.html

The European Commission announced this week the first opportunities for funding under the new Horizon 2020 research budget, which has a total budget of just over €77 billion. €3.4 billion of that money will over the next six years be directed towards the theme ‘Secure societies – Protecting freedom and security of its citizens’, which aims at contributing to “the implementation of the policy goals of the Europe 2020 strategy, the Security Industrial Policy, the Internal Security Strategy and the Cyber Security Strategy.”

16. EU: MANDATORY DATA RETENTION: European Court of Justice: Advocate General condemns massive storage of communications data (EDRi, link)
http://edri.org/interim-ruling-european-court-condemns-massive-storage-communications-data/

The Advocate General of the European Court of Justice today issued a devastating Opinion on the European Directive that requires European telecommunications providers to store details of all electronic communications for between six months to two years…The Advocate General’s Opinion states that the Directive “is as a whole incompatible with Article 52(1) of the Charter of Fundamental Rights of the European Union”. In particular, the measure is not necessary and does not “genuinely meet objectives of general interest recognised by the Union”.

See: Opinion of Advocate General Cruz Villalón delivered on 12 December 2013 (C-293/12):
http://www.statewatch.org/news/2013/dec/eu-ecj-advocate-general-opinion-data-retention-C-293-12.pdf

Background: Statewatch report for SECILE Project: Data Retention in Europe: A Case Study (pdf) by Chris Jones & Ben Hayes
http://www.statewatch.org/news/2013/dec/secile-data-retention-directive-in-europe-a-case-study.pdf

Media coverage: Data Retention Directive CLASHES with EU citizens’ privacy rights, says top lawman (The Register, link)
http://www.theregister.co.uk/2013/12/12/court_of_justice_advocate_general_says_data_retention_directive_clashes_with_privacy_rights/

Advocate-general says data retention rules breach fundamental rights (European Voice, link)
http://www.europeanvoice.com/article/2013/december/advocate-general-says-data-retention-rules-breach-fundamental-rights/79078.aspx

17. Index on Censorship: Time to step up: The EU and freedom of expression (link)
http://www.indexoncensorship.org/2013/12/eureport/

18. EU: Council of the European Union: MARITIME SURVEILLANCE: 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 (10 December, 17434/13)
http://www.statewatch.org/news/2013/dec/eu-council-maritime-surveillance-17434-13.pdf

See also: earlier draft with to delegations with Presidency compromise suggestions (4 December, 17333/13)
http://www.statewatch.org/news/2013/dec/eu-council-maritime-surveillance-17333-13.pdf

19. PRIVACY lNTERNATIONAL: International agreement reached controlling export of mass and intrusive surveillance technology (link) “Two new categories of surveillance systems were added into the dual-use goods and technologies control list of the Wassenaar Arrangement last week in Vienna, recognising for the first time the need to subject spying tools used by intelligence agencies and law enforcement to export controls.”
https://www.privacyinternational.org/blog/international-agreement-reached-controlling-export-of-mass-and-intrusive-surveillance

See: The Wassenaar Arrangement on export controls for conventional arms and dual-use goods and technologies – List of dual-use goods and technologies and munitions list: http://www.statewatch.org/news/2013/dec/wassenaar-arrangement.pdf

20. MULTINATIONAL SURVEILLANCE & DISRUPTION: 12 Corporate Espionage Tactics Used Against Leading Progressive Groups, Activists and Whistleblowers – Corporate spies for Dow, Kraft and others have tried to discredit, shame and infiltrate civic groups using an array of dirty tricks (link)
http://www.alternet.org/activism/corporate-espionage-against-progressive-nonprofits

and see: Report: ““Posing as volunteers. Stealing documents. Dumpster diving. Planting electronic bugs. Hacking computers. Tapping phones and voicemail. Planting false information. Trailing family members. Threatening reporters. Hiring cops, CIA officers and combat veterans to do all these dirty deeds—and counting on little pushback from law enforcement, mainstream media or Congress.”
http://www.statewatch.org/news/2013/dec/spookybusiness.pdf

21. UK: Multiple arrests as hundreds of student protesters clash with police in central London – 36 students arrested at protest about student arrests (Indpendent, link): “Thirty-six student protesters were arrested in London last night, with many more kettled, during a ‘Cops off Campus’ demonstration over police presence on university campuses. Between 200 and 300 students gathered outside the University of London Union to protest over alleged police brutality on Wednesday, which included video footage appearing to show a policeman punching a student.”
http://www.independent.co.uk/student/news/multiple-arrests-as-hundreds-of-student-protesters-clash-with-police-in-central-london-8988442.html?printService=print

22. FRANCE: Right-wing mayor slammed after suggesting Roma people should be left to burn (Mediapart, link)
http://www.mediapart.fr/en/journal/france/051213/right-wing-mayor-slammed-after-suggesting-roma-people-should-be-left-burn

23. EU: Council of the European Union: Justice and Home Affairs Council, 5-6 December 2013: Press release: Final, 5-6 December:
http://www.statewatch.org/news/2013/dec/eu-jha-council-prel-5-6-12-13.pdf

Main agenda: “B” Points”:  http://www.statewatch.org/news/2013/dec/eu-jha-council-5-6-dec-b-pts-agenda.pdf
“A” Points agenda non-legislative (adopted without discussion):
http://www.statewatch.org/news/2013/dec/eu-jha-council-5-6-dec-a-pts-non-legis-agenda.pdf

24. EU: FOOTBALL: Justice and Home Affairs Council: Council conclusions adopting the 2014-2016 EU work programme on minimising risks to safety, security and public order in connection with sports events, in particular football matches, with an international dimension: 
http://www.statewatch.org/news/2013/dec/eu-council-conclusions-football-5-dec-13.pdf

Results of the survey on the existing legal framework to prevent identified risk fans from attending football matches
http://www.statewatch.org/news/2013/oct/eu-council-football-survey-13659-rev1-13.pdf

and Discussion Paper: “Travelling known offenders:· incorporate the key recommendation on travelling known offenders as proposed in the survey of the Danish delegation on the existing legal framework to prevent identified risk fans from attending football matches.”
http://www.statewatch.org/news/2013/oct/eu-council-football-discussion-paper-14069-13.pdf

IN THE BACKGROUND: FOOTBALL IS ALWAYS THE TESTING GROUND FOR EU POLICE COOPERATION ON COMBATING CROSS BORDER PROTESTS AS WELL: SUSPECTS TO BE LOGGED, PREVENTED FROM LEAVING HOME COUNTRY, USE OF COERCIVE METHODS: Draft template of a Memorandum of Understanding concerning international police cooperation in connection with providing safety and security during major sports events with an international dimension:http://www.statewatch.org/news/2013/dec/eu-council-mou-sport-template-13660-13.pdf

Draft MOU proposes the collection and exchange of data on all people intending to cross borders to attend a football or sports event and this will include:

“…. [name of the visiting country] shall undertake all necessary measures provided by the law to prevent the departure from the territory of …. name of the visiting country of any persons who may pose a threat to public order and security during the name of the event or who have been involved in violence or disorder in connection with the sports events.”

It thus would cover not just those convicted in connection with sporting events but those suspected who “may” pose a threat to public order. And: “If it is legally possible to prevent the “risk supporters”/supporters with a stadium ban from participating in the event or from leaving their home country, this should also be referred to in the agreement.” plus: “It is recommended that the head of the delegation, liaison officers and spotters (police officers who have direct contact with supporters) should not possess firearms Sometimes it is possible for police officers (police forces) protecting the movement of supporters to possess firearms or ammunition, however this depends on the legal regulations and bilateral agreements between the two countries. It is also possible to include a statement that police officers may use coercive measures.”

25. Council of Europe: Parliamentary Assembly: The Equality Committee denounces racial profiling (link)
http://assembly.coe.int/nw/xml/News/News-View-EN.asp?newsid=4796&lang=2&cat=135

and Resolution: http://www.statewatch.org/news/2013/dec/coe-pa-police-racial-profiling.pdf

26. EU: TASK FORCE MEDITERRANEAN: Council of the European Union: Task Force Mediterranean (Press release)
http://www.statewatch.org/news/2013/dec/eu-council-task-force-med-prel.pdf

and Commission Proposal: discussed in the “Mixed Committee” of the Justice and Home Affairs Council.
http://www.statewatch.org/news/2013/dec/com-task-force-med-com-869-13.pdf

27. WATCH THE MED launched (link):
http://www.watchthemed.net/

“Watch The Med is an online mapping platform to monitor the deaths and violations of migrants’ rights at the maritime borders of the EU”. See: WatchThe Med: a counter-surveillance network to stop deaths and violations of migrants’ rights at sea:
http://www.statewatch.org/news/2013/dec/eu-watch-the-med-launch.pdf

28. EU SEARCH & RESCUE: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 (17333-13, 4-12-12)  Discussed at the meeting of JHA Counsellors on 9 December 2013. Latest draft of the Council negotiating position including changes to the text on interception at sea and search and rescue.
http://www.statewatch.org/news/2013/dec/eu-council-sea-surveillance-17333.pdf

29. EU: SECILE Project Reports:

– Catalogue of EU Counter-Terrorism Measures Adopted since 11 September 2001 (pdf) by Ben Hayes & Chris Jones (Statewatch):
http://www.statewatch.org/news/2013/dec/secile-catalogue-of-EU-counter-terrorism-measures.pdf

This report catalogues all EU CTMs adopted since 11 September 2011 and forms the basis for further research and analysis regarding their impact, legitimacy and effectiveness by the SECILE consortium. The report has been produced by the civil liberties organisation Statewatch which is conducting a ‘stocktake’ of EU CTMs and collecting and analysing data about their implementation.

– Report on how the EU assesses the impact, legitimacy and effectiveness of its counterterrorism laws (pdf) by Ben Hayes & Chris Jones (Statewatch):
http://www.statewatch.org/news/2013/dec/secile-how-does-the-EU-assess-its-counter-terrorism-law.pdf

This report examines the mechanisms available to the EU to assess the impact, legitimacy and effectiveness of its counter-terrorism policies. The research focuses primarily but not exclusively on the utilisation and application of these mechanisms rather than the substance of the assessments that they produce.

Data Retention in Europe: A Case Study (pdf) by Chris Jones & Ben Hayes (Statewatch):
http://www.statewatch.org/news/2013/dec/secile-data-retention-directive-in-europe-a-case-study.pdf

This report examines the implementation of Directive 2006/24/EC on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks (the “Data Retention Directive”). The Directive obliges providers of internet and telephony services to keep detailed “traffic data” (or “metadata”) regarding the identities and activities of their subscribers for between 6 and 24 months and provide access to police and security agencies for the purposes of investigating serious crime, and has been described as the “the most privacy-invasive instrument ever adopted by the EU”

30. INTERPOL: MEPs letter: Political abuse of INTERPOL’S systems to Commissioners Mamstrom & Reding and Catherine Ashton (EEAS): 
http://www.statewatch.org/news/2013/dec/eu-interpol-letter-meps-red-notices.pdf

See also: Statewatch: INTERPOL’s computer systems wide open to abuse by states trying to persecute refugees, journalists and political activists, says new report: http://www.statewatch.org/news/2013/nov/interpol-red-notices.htm

31. Council of Europe report: Safeguarding human rights in times of economic crisis:
http://www.statewatch.org/news/2013/dec/coe-austerity-hr-report.pdf

32. European Court of Justice: Where a Member State may not transfer an asylum seeker to the State competent to examine his application because of a risk of infringement of his fundamental rights in the latter, the Member State is required to identify another Member State as responsible for the examination (Press release): http://www.statewatch.org/news/2013/nov/ecj-asylum-14-11-13-prel.pdf

Full-text of judgment: http://www.statewatch.org/news/2013/nov/ecj-asylum-14-11-13.pdf

33. European Commission publishes new Procedural Rights package (Fair Trials International, link): 
http://www.fairtrials.org/press/european-commission-publishes-new-procedural-rights-package/

34. UK: Theresa May pressed for explanation of hunger striker’s ‘botched’ deportation – Labour joins voices calling on home secretary to explain why ill asylum seeker was returned to UK after 20-hour flight (Guardian, link): “Home secretary Theresa May is coming under growing pressure over an apparently botched attempt to deport a seriously ill man from Britain on a private plane. Ifa Muaza, who was carried to the plane on a stretcher after a 90-day hunger strike, was returned to the UK after a 20-hour flight that saw the plane prevented from entering Nigerian airspace”:
http://www.theguardian.com/world/2013/dec/02/online-privacy-how-secure-are-you/print

35. Amazon testing drones for deliveries (BBC News, link): “Amazon, the world’s largest online retailer, is testing unmanned drones to deliver goods to customers, Chief Executive Jeff Bezos says. The drones, called Octocopters, could deliver packages weighing up to 2.3kg to customers within 30 minutes of them placing the order, he said”: http://www.bbc.co.uk/news/technology-25180906

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