Statewatch News Online, 3 July 2019 (15/19)

3  July 2019 — Statewatch

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News
3 July 2019 (15/19)

Home page: http://www.statewatch.org/
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STATEWATCH NEWS

1.   Refugee crisis: latest news from across Europe (18-24.6.19) 
2.   EU: Working Paper: Guidelines on temporary arrangements for disembarkation
3.   EU: Non paper – Increasing transparency and accountability of the EU

4.   EU must rethink migration policy that empowers “unaccountable militias and regimes”,
5.   New ECtHR Judgment: Greece violates Articles 3 & 5 ECHR 
6.   Refugee crisis: latest news from across Europe (21.5-13.6.19)

NEWS

1.    EU:  Finnish Presidency agenda highlights digitisation, new technologies and artificial intelligence
2.    UN urges resettlement of nearly 1.5 million refugees 
3.    EU: Media advisory: informal meeting of EU justice and home affairs ministers, 18 and 19 July 
4.    The Effect of Anti-Discrimination Policies on Middle Eastern, North African European Countries 
5.    One in four MEPs committed to work on LGBTI equality in new European Parliament 
6.    Italy migrant boat: Captain says she disobeyed orders due to suicide fears 
7.    Berlin, Paris fume at Italy over Sea Watch case 
8.    Italy holds Netherlands, EU ‘responsible’ for migrant boat 
9.    London: DON’T CRIMINALISE SOLIDARITY 
10.  Meet Every Migrant – Now,, In Italian – Read the stories of individual migrant 
11.  Poland’s judicial reforms violate EU law, bloc’s top court rules 
12.  France Criminalises Research on Judges 
13.  Japan to Hack 200 Million IoT Devices 
14.  CZECH REPUBLIC: Largest Protests in Decades, Czechs Demand Resignation of Prime Minister
15.  Frontex transparency dispute goes to EU court 
16.  FRANCE: Amnesty claim victory after Stratford man is acquitted by French court 
17.  German politician’s death ‘execution,’ says civic head 
18.  I Helped Save Thousands of Migrants from Drowning. Now I’m Facing 20 Years in Jail
19.  ‘The Saudis couldn’t do it without us’: the UK’s true role in Yemen’s deadly war
20.   France Criminalises Research on Judges 

21.   From Palermo and Barcelona to Naples: For the Right to Mobility and the Right to Rescue
22.   Are You Syrious (19.6.19):
23.  Enforcing Belonging – racial violence and the far Right 
24.  CIA Seeks Expanded Definition of “Covert Agents” 
25.  Samos, Greece: The Power of Volunteers 
26.  Melting Pot Europa: Violence at Europe’s external and internal borders.
27.  EU: ReSOMA Final Synthetic Report: Crackdown on NGOs and volunteers helping refugees
28  How Deeply Has Germany’s Murderous Far Right Penetrated the Security Forces? 
29    Another 100 years to wait for gender equality? No thanks 
30.   Norway: ‘Callous decision’ to deport family to Afghanistan must be reversed 
31.  Four human traffickers jailed for life over migrant truck deaths 
32.  CoE: Doris Fiala urges parliaments to lead the debate on humane refugee policy 
33.  Germany: Death threats sent to pro-refugee politicians 
34.  EU’s terrorism filter plans: The problems just keep coming 
35.  UK: Domestic extremism label is ‘manifestly deficient’ says former reviewer of terrorism laws
36.  UK-EU: Supreme Court UK breached residence rights of hundreds of thousands of EU citizens 
37.  STRUCTURAL FAILURE: Why Greece’s reception system failed to provide sustainable solutions
38.  CoE:  Member states must assume more responsibility for rescuing migrants at sea
39.  Germany mulls requests to host Sea-Watch migrants 
40. EU summit must give effective answer on migration
41.  EUROPE’S MIGRATION CHALLENGE – From integration to inclusion 
42.  USA: An Expert on Concentration Camps Says That’s Exactly What US Is Running at the Border
43.  UK: Book Launch, London, 18 June 2019: After Grenfell: Violence, Resistance and Response 
44.  France carries out first deportation to Eritrea 
45.  UK: Review Home Office response to mandating of DNA evidence for immigration purposes
46.  EU budget 2020: Commission focuses its proposal on jobs, growth and security

47. Frontex opens Risk Analysis Cell in Senegal 
48.  Balkan Region – Report May 2019 
49.  EU: Data Retention: EU Commission inconclusive about potential new legislation
50. France: Police harassing, intimidating and even using violence against people helping refugees 
51.  German Parliament Passes “Orderly-Return-Law” 
52.  Passport free airport experiences take off with the help of facial recognition 
54.  IRELAND: Jailing of sex workers keeping brothel shows law ‘not fit for purpose’ 

DOCUMENTATION

1.  EU: Finnish Presidency agenda highlights digitisation, new technologies and artificial intelligence
2.  Lack of data on missing migrant children leads to gaps in protection
3.  European Parliament:: Continuation of work in progress from last term 

4.  CoE: Parliamentary:Putting an end to policies of pushbacks and expulsion of migrants 
5.  European Commission’s: High-Level Expert Group on Artificial Intelligence – Final report: 
6.  ECHR: Applicant’s detention in an immigration centre violated the Convention  
7.  EU: A Europe that protects: good progress on tackling hybrid threats 
8.  Joint EU-US statement following the EU-US Justice and Home Affairs Ministerial Meeting
9.  EU: Council Conclusions on Security and Defence in the context of the EU Global Strategy 

STATEWATCH NEWS

1.  Refugee crisis: latest news from across Europe (18-24.6.19) including:

  • Calais volunteer acquitted of contempt and assault
  • Council Working Paper: Guidelines on temporary arrangements for disembarkation
  • New reports on violence at EU borders and crackdown on volunteers
  • EU must rethink migration policy that empowers “unaccountable militias and regimes


2.  EU: Working Paper: Guidelines on temporary arrangements for disembarkation 

“Given the voluntary nature of participation in the mechanism, determination of persons to be relocated will be based on the indications by the Member States of relocation of the profiles that these Member States are willing to accept (variable geometry).

Member States that relocate voluntarily (a lump sum of 6000 EUR per applicant).”

3.  EU: Non paper – Increasing transparency and accountability of the EU – Joint non paper by Estonia, Ireland, Luxembourg, Slovenia, Sweden and the Netherlands on increasing the transparency and accountability of the European Union (pdf)

“A future-proof and effective EU requires a Union that is accountable and enjoys the trust and participation of its citizens. Enhancing openness and sharing information are key, as it brings citizens closer to the EU and enables the institutions to enjoy greater legitimacy, accountability and effectiveness.”

See Statewatch Observatory: FOI in the EU

4.  EU must rethink migration policy that empowers “unaccountable militias and regimes”, say rights groups

A coalition of civil society organisations working for democracy and human rights in Africa have accused the EU and its member states of empowering “unaccountable militias and regimes” and “undermining rule of law, good governance, respect for human rights and the role of civil society” through activities undertaken as part of the EU-driven ‘Khartoum Process’ and the EU Trust Fund for Africa.

5. New ECtHR Judgment: Greece violates Articles 3 & 5 ECHR (Deighton Pierce Glynn, link):

The ECtHR has ruled on the plight of migrant children trapped in degrading conditions of detention in Greece caused in part by the closure of the Balkans corridor into the rest of Europe. Our client, Statewatch, submitted a third party intervention on this important case.

DPG Partner Zubier Yazdani instructed Garden Court barristers Shu Shin Luh and Ronan Toal to draft a third party intervention for our client Statewatch.

In a judgment issued on 13/06/2019 the European Court of Human Rights ruled that Greece had violated its obligations under Articles 3 & 5 of the European Convention on Human Rights which prohibits cruel inhumane and degrading treatment (Art 3) and arbitrary detention (Art 5). The case was brought by several applicants against Greece, Austria, Croatia, Hungary, North Macedonia, Serbia and Slovenia.”

See: ECHR press release (pdf) and: Written Submission on behalf of Statewatch as Third Party Intervener (pdf)

6. Refugee crisis: latest news from across Europe (21.5-13.6.19) including:

  • France carries out first deportation to Eritrea
  • Germany: Bundestag approves new deportation law
  • Italy to fine people saving lives at sea
  • Frontex opens risk analysis cell in Senegal

NEWS

1.  EU: Finnish Presidency agenda highlights digitisation, new technologies and artificial intelligence

The Finnish Council Presidency: Draft agendas for Council meetings, during the second semester of 2019 (the Finnish Presidency) (73 pages, pdf)

2. UN urges resettlement of nearly 1.5 million refugees (DW, link):

“From Turkey to the Horn of Africa, refugees are in dire need of permanent resettlement. The UNHCR said “there “simply has to be more equitable sharing of responsibility for global crises.”

3. EU: Media advisory: informal meeting of EU justice and home affairs ministers, 18 and 19 July 2019, Helsinki, Finland (link)

4. The Effect of Anti-Discrimination Policies on Middle Eastern and North African Immigrants in 24 European Countries (mipex.eu, link):

“The Migrant Integration Policy Index (MIPEX) is a unique tool which measures policies to integrate migrants in all EU Member States, Australia, Canada, Iceland, Japan, South Korea, New Zealand, Norway, Switzerland, Turkey and the USA.”

5. One in four MEPs committed to work on LGBTI equality in new European Parliament (ILGA, link):

“ILGA-Europe is ready to work with the 215 MEPs from 8 different political groups who signed our ComeOut pledge and thus promised to actively protect and progress the human rights of all LGBTI people in Europe and beyond concretely at EU level.”

6.  Italy migrant boat: Captain says she disobeyed orders due to suicide fears (BBC News, link):

“The German captain of a charity ship said she disobeyed orders not to dock in Italy because she feared for the lives of the rescued migrants on board.

Sea-Watch 3 captain Carola Rackete apologised to the crew of a patrol boat her vessel trapped against a quayside.

She denied Interior Minister Matteo Salvini’s accusation that she had tried to ram the boat in an “act of war”.”

7.  Berlin, Paris fume at Italy over Sea Watch case (euractiv, link):

“Row over Sea Watch 3. High-ranking politicians in Germany and France have strongly criticised the Italian government for arresting Carola Rakete, the captain of the ship Sea-Watch 3 who rescued migrants at risk of drowning in the Mediterranean.

8.   Italy holds Netherlands, EU ‘responsible’ for migrant boat (euractiv, link):

“Italy’s hardline Interior Minister Matteo Salvini said he would hold the Netherlands and the European Union “responsible” for the fate of 42 migrants that Rome has blocked from disembarking at Italian ports for over a week.

The Dutch-flagged rescue boat Sea-Watch 3 has been stuck in the Mediterranean since rescuing 53 migrants drifting in an inflatable raft off the coast of Libya on June 12.”

9. London: DON’T CRIMINALISE SOLIDARITY: Oppose new powers to prosecute returnees from designated overseas areas (peaceinkurdistancampaign.com, link):

Public Forum: Friday, 28 June 2019, 6.30-9pm at Room BG01, Brunei Gallery, SOAS University, Russell Square, London WC1H OXG https://www.soas.ac.uk/soas-life/location/maps/#Addresses

10.  Meet Every Migrant – Now,, In Italian – Read the stories of individual migrant journeys in a newly-expanded Italian language section.

ROME, ITALY 25 June 2019 – Migrants of the Mediterranean (MotM) introduces thee newly expanded section of its story archive in Italian, accessible here .

11.  Poland’s judicial reforms violate EU law, bloc’s top court rules (euractiv, link):

“Poland’s judiciary reform that lowered the retirement age for Supreme Court judges has breached EU law, the EU’s top court said in a binding ruling on Monday (24 June), which effectively means Poland will have to scrap the reform or face penalties from Brussels.”

12. France Criminalises Research on Judges (verfassungsblog.de, link):

“In March, France made a controversial move and became the first country in the world to explicitly ban research on individual judicial behaviour. It is now a criminal offence to ‘evaluate, analyse, compare or predict’ the behaviour of individual judges. The maximum sentence is a remarkable five years in prison.”

13.  Japan to Hack 200 Million IoT Devices (eetimes.com, link):

“The government’s plan to hack IoT devices already installed in Japan is likely to expose the uncomfortable truth known to many experts but unknown to most consumers: Many IoT devices in use are vulnerable to cyberattacks.”

14.  CZECH REPUBLIC: In the Largest Protests in Decades, Czechs Demand Resignation of Prime Minister (The New York Times, link):

PRAGUE ­ In the largest demonstration in the Czech Republic since the fall of the Iron Curtain, hundreds of thousands of people took to the streets on Sunday night calling for the resignation of Prime Minister Andrej Babis.

The police and the interior ministry estimated that by 5 p.m., more than 200,000 people had arrived for the demonstrations, with thousands more still making their way to Letna Park, which sits on a hill high above the banks of the Vltava river and has commanding views of the old town.”

15.  Frontex transparency dispute goes to EU court (EUobserver, link):

The EU’s border and coast guard agency, Frontex, is about to have another day in court.

On 2 July, the general court of the European Union in Luxembourg will be holding a public hearing after the Warsaw-based Frontex turned down an access to documents request submitted by a pair of pro-transparency campaigners.

Luisa Izuzquiza, along with her colleague Arne Semsrott, had sought access to the name, flag and type of each vessel deployed by Frontex in the central Mediterranean under its Joint Operation Triton.”

16.  FRANCE: Amnesty claim victory after Stratford man is acquitted by French court (Stratford-upon-Avon Herald, link):

STRATFORD man Tom Ciotkowski who was charged with contempt and assault after he recorded a French police officer reportedly pushing another volunteer has been acquitted by a French court.

Responding to the decision of a French court to acquit Tom Ciotkowski, a British man who documented police abuse against migrants, refugees and volunteers in Calais, Nicolas Krameyer, Amnesty International France’s Programme Manager, said:

“Today’s decision, delivered on World Refugee Day, is not only a victory for justice but also for common sense. Tom Ciotkowski is a compassionate young volunteer who did nothing wrong and was dragged through the courts on trumped up charges.”

17.  German politician’s death ‘execution,’ says civic head (DW, link):

Leipzig’s mayor, Burkhard Jung, freshly elected president of the Association of German Cities, on Friday referred to the June 2 death of Walter Lübcke at his home near Kassel as an “execution.”

Lübcke, who was a member of Chancellor Angela Merkel’s center-right Christian Democrats and headed the administrative district of Kassel in the state of Hesse, died on June 2 after a close-range nighttime gunshot to his head.

…Last Saturday, a police squad arrested a 45-year-old suspect, named only as Stephan E. under Germany’s reporting laws, at his home in Kassel. The suspect had convictions from past decades, including one for an assault on a hostel for asylum-seekers in 1993.

Federal prosecutors, who this week took over the case, have rated Lübcke’s death as a political slaying with a right-wing extremist background.”

18.  I Helped Save Thousands of Migrants from Drowning. Now I’m Facing 20 Years in Jail (Newsweek, link) by Pia Klemp:

In today’s Europe, people can be sentenced to prison for saving a migrant’s life. In the summer of 2017, I was the captain of the rescue ship Iuventa. I steered our ship through international waters along the Libyan coastline, where thousands of migrants drifted in overcrowded, unseaworthy dinghies, having risked their lives in search of safety. The Iuventa crew rescued over 14,000 people. Today, I and nine other members of the crew face up to twenty years in prison for having rescued those people and brought them to Europe. We are not alone. The criminalization of solidarity across Europe, at sea and on land, has demonstrated the lengths to which the European Union will go to make migrants’ lives expendable.

19. ‘The Saudis couldn’t do it without us’: the UK’s true role in Yemen’s deadly war (The Guardian, link):

Government contractors carry out around 95% of the tasks necessary to fight the air war, one former BAE employee told Channel 4’s Dispatches – an estimate confirmed to me by a former senior British official who worked in Saudi Arabia during the air war.

Inside Saudi forward operating bases, there are thousands of British contractors working to keep the war machine moving. British contractors coordinate the distribution of bombs and aircraft parts. They manage climate-controlled armories and work in shifts to ensure bombs are dispatched in a timely manner for fresh raids. Alongside RAF personnel, British contractors train Saudi pilots to conduct hazardous bombing raids in Yemen’s rugged northern mountains and over its cities. They also manage avionics and radar systems to ensure that Saudi planes can get to and from their targets, and conduct the deep aircraft maintenance necessary to keep them circling over Yemen.”

See also: UK arms sales to Saudi for use in Yemen ruled unlawful (CAAT, link) and: Judgment ([2019] EWCA Civ 1020, pdf)

20.  France Criminalises Research on Judges (Verfassungsblog, link):

“In March, France made a controversial move and became the first country in the world to explicitly ban research on individual judicial behaviour. It is now a criminal offence to ‘evaluate, analyse, compare or predict’ the behaviour of individual judges. The maximum sentence is a remarkable five years in prison.

This new harsh regulation was triggered in part by the use of machine learning to compare the behaviour of judges in asylum cases – a study which found great discrepancies among individual justices. Yet, the new law is akin to using a sledgehammer to crack a nut. It bans effectively all forms of analysis of individual judges, and not just big data-driven social scientific inquiry but also doctrinal legal analysis. The result is a flagrant violation of the freedom of expression, represents an affront to basic values of academic freedom, and disregards basic principles of the rule of law. It is moreover likely a violation of fundamental EU law but we leave that for another post.”

21.  From Palermo and Barcelona to Naples: For the Right to Mobility and the Right to Rescue! June 22, 2019 – Joint Statement (link):

“Humanitarian rescue NGOs, civil society organisations, and activist groups, including Sea-Watch, Alarm Phone, Mediterranea, Seebrücke, Aita Mari, Jugend Rettet, Borderline Europe, Inura, Open Arms, and Welcome to Europe, as well as representatives of several European cities and municipalities, including Naples and Barcelona, have come together to work toward a collective European and Mediterranean initiative. Our movement was born in Palermo in 2018 and in the spirit of the Charter of Palermo, with its central demand for the right of mobility. Our slogan is: “From the Sea to the Cities!””

22. Are You Syrious (19.6.19, link):

Chios

“Disinformation and misinformation about refugees feed xenophobic attitudes, reports Mare Liberum. On 3 June 2019, the recent municipal elections in Chios were won by ex-military Stamatis Karmantzis with about 52% of the vote. Karmantzis will become the new mayor of Chios.”

23. Enforcing Belonging – racial violence and the far Right (IRR News, link) by Liz Fekete:

“On the third anniversary of the death of Jo Cox, the IRR reports on racist violence across Europe, highlighting also cases involving police officers and soldiers.”

24. CIA Seeks Expanded Definition of “Covert Agents” (fas.org.link):

“At the request of the Central Intelligence Agency, the pending intelligence authorization bill includes a provision that would expand the definition of “covert agents” whose identities are protected from unauthorized disclosure.

The identities of intelligence officers who are serving abroad or who have done so within the past 5 years are already protected by current law.

But the new Senate intelligence authorization bill would expand that protection to include all unacknowledged intelligence personnel even if they never leave the country.”

25.  Samos, Greece: The Power of Volunteers (pressenza.com, link):

“The environment provided by this NGO stands in stark contrast to the one of the Reception Centre, where many of these children live, either with their families or in a separate section for unaccompanied minors. The toilets these children have access too are often broken or dirty, the tents are not resilient to the elements and there are many stories of people being bitten by rats as they try to sleep. The camp is often dirty with rubbish surrounding the tents and stories of bed bugs and disease. In response to these conditions Still I Rise decided to push back, filing a law suit against the camp manager of the Reception Centre.

They are doing this to help to give a voice to the children that they educate on a daily basis and to demand that their rights are protected. In collaboration with a second organisation Help Refugees they have, according to the organisation, gathered evidence, written affidavits and built a class action ‘on behalf of all unaccompanied minors past and present who suffered abuse in the camp’.”

26.  Melting Pot Europa: Violence at Europe’s external and internal borders. The dehumanization of migrants in border-control operations and its effects on people and policies (pdf):

“The response to the growing migratory pressure has been characterized from the beginning by the militarization of both external and internal borders, accompanied by the conclusion of bilateral agreements with the main countries of origin and transit, aimed to block the migration haemorrhage outside the doors of Europe. It is in this context that have been signed the political agreements between Italy and Libya, in 2017 and in 2018, and the agreement between the EU and Turkey, in 2016.”

27.  EU: ReSOMA Final Synthetic Report: Crackdown on NGOs and volunteers helping refugees and other migrants* (pdf):

“This report synthesises previous ReSOMA briefs concerning the crackdown on NGOs and volunteers helping refugees and other migrants. Section 1 captures the main issues and controversies in the debate on the policing of humanitarianism and the potential impacts of EU and national anti-migrant smuggling policies on civil society actors.”

And see: Open Democracy: Hundreds of Europeans ‘criminalised’ for helping migrants – as far right aims to win big in European elections (link)

28  How Deeply Has Germany’s Murderous Far Right Penetrated the Security Forces? (Daily Beast, link):

“The assassination of a conservative pro-immigrant politician raises questions once again about far-right cells, sympathies, and blind spots among police and the military.”

29  Another 100 years to wait for gender equality? No thanks (euobserver, link):

“At the current pace, it will take more than a century for women to become equal to men in Europe, despite the general progress made so far on gender equality on the European soil and the fact that throughout its history, the EU has been a global leader in advancing women’s rights.

Yet in the last decade, we have begun to witness a visible and organised backlash in gender equality and human rights across Europe. In many areas, including pay, pensions and employment opportunities, progress towards equality has either stalled or gone into reverse.”

30. Norway: ‘Callous decision’ to deport family to Afghanistan must be reversed (Amnesty, link):

The Norwegian government must immediately halt the dangerous deportation of Taibeh Abbasi and her family back to Afghanistan, Amnesty International said today.

Taibeh (20) and her brothers Eshan (16) and Yasin (22) were flown from Norway to Istanbul on Saturday together with their mother. Due to a health condition, their mother is expected to be returned to Norway, but the children are at imminent risk of being flown to Kabul.

Ten Norwegian immigration police in Istanbul are reportedly escorting the siblings to Kabul. The Norwegian government has justified the family’s deportation by claiming that Afghanistan is safe for returns. This claim is contradicted by the record-high levels of violence documented across Afghanistan.”

31. Four human traffickers jailed for life over migrant truck deaths (DW, link):

“Four years ago, the bodies of 71 migrants were found inside an abandoned truck in Austria. The main suspects had already been sentenced, but now an appeal court in Hungary has delivered the final ruling on the case.

A court in Hungary on Thursday sentenced an Afghan ring leader and three Bulgarian accomplices to life in prison over the deaths of 71 migrants four years ago.

The men were found guilty of human trafficking and manslaughter. Judge Erik Mezolaki ruled Thursday that three of the traffickers would have no possibility of parole, whilethe fourth would serve a minimum 30 years.”

32.   CoE: Doris Fiala urges parliaments to lead the debate on humane refugee policy (link):

“The Chair of PACE’s Migration Committee has urged national parliaments to lead the political debate on devising humane refugee policies, reminding states that “it is a legal and moral obligation to treat with humanity everyone seeking refuge in Europe”.

Speaking on World Refugee Day, Doris Fiala (Switzerland, ALDE) said this was all the more important at a time when racism, xenophobia and nationalism were challenging the Council of Europe’s common values and legal standards on refugees.”

33.  Germany: Death threats sent to pro-refugee politicians (DW, link)

“As the investigation into the murder of Walter Lübcke intensifies, Cologne’s mayor and several other German politicians have had their lives threatened. Police say the threats likely also stem from right-wing extremists.”

34.  EU’s terrorism filter plans: The problems just keep coming (ZDNet, link):

A few weeks ago, German internet users discovered that their country’s authorities had been keeping closer tabs on them than they realized.

In late April, in reply to a parliamentary question, the federal police – Germany’s version of the FBI – revealed that they had quietly established a database for online terrorism referrals last October.

…All this activity was part of a pilot project developed in preparation for new European rules, the interior ministry, which oversees the federal police, explained in its reply to the official enquiry from left-wing German MPs.”

35. UK: Domestic extremism label is ‘manifestly deficient’ says former reviewer of terrorism laws (Netpol, link):

In a report published last week, David Anderson QC, a former independent reviewer of UK terrorism legislation, has called the ‘domestic extremism’ label applied by police to a wide range of campaigning groups ‘manifestly deficient’, and indicated the Home Office is under pressure to abandon it.

Lord Anderson, now a crossbench peer who was responsible between 2011 and 2017 for independent oversight of UK counter-terrorism legislation, published a report on 11 June assessing the progress made by MI5 and counter-terrorism policing (CTP) on a review conducted after the 2017 terrorist attacks in London and Manchester.

The report severely criticises the use of the term ‘domestic extremism’ and contains the first public indication that both the government and policing bodies are considering whether to ditch this controversial categorisation.”

See: David Anderson: 2017 terrorist attacks MI5 and CTP reviews: Implementation stock-take – unclassified summary of conclusions (pdf)

36. UK-EU: Supreme Court finds UK breached residence rights of hundreds of thousands of EU citizens (Free Movement, link):

The Supreme Court has today dismissed the Home Office appeal in the case of Gubeladze [2019] UKSC 31. The judgment affects hundreds of thousands of EU citizens from the so-called Accession Eight (or “A8”) countries that joined the EU in 2004 and means that the United Kingdom unlawfully imposed a registration system, known as the Worker Registration Scheme, on these citizens between 2009 and 2011.

See the judgment: Secretary of State for Work and Pensions (Appellant) v Gubeladze (Respondent) (pdf) and: Press summary (pdf)

37.  STRUCTURAL FAILURE: Why Greece’s reception system failed to provide sustainable solutions (Refugee Support Aegean, link):

“On June 6th 2019, there were 16,108 refugees, asylum-seekers and migrants stranded on the Greek islands of Samos, Chios, Lesvos, Leros and Kos. Out of those, 12,628 lived in the hot-spots while the capacity of these centres was for 6,438. The number of refugees, asylum-seekers and migrants staying in the Evros RIC was 366 while its capacity is for 318 people. Meanwhile, an estimated 16,457 refugees, asylum-seekers and migrants were living in 25 refugee camps in Greece’s mainland.(…)

Refugee Support Aegean (RSA) and PRO ASYL have studied and analyzed three key elements of the reception system in order to produce a narrative on why state interventions, co-planned and subsidized by the EU, have not managed to produce long term sustainable solutions.”

38.  Council of Europe member states must assume more responsibility for rescuing migrants at sea and protecting their rights (CoE ,link):

““European states’ approach to migration in the Mediterranean Sea has become much too focused on preventing refugees and migrants from reaching European shores, and too little on the humanitarian and human rights aspects. This approach is having tragic consequences”, said Dunja Mijatovic, Council of Europe Commissioner for Human Rights, while releasing a Recommendation today which identifies the deficiencies of this approach, and aims at helping member states to reframe their response according to human rights standards.”

See: Lives saved. Rights protected.Bridging the protection gap for refugees and migrants in the Mediterranean (pdf)

39.  Germany mulls requests to host Sea-Watch migrants (DW, link):

“Dozens of cities, including Berlin and Rottenburg, have offered to take in migrants rescued in the Mediterranean. But German authorities have said resettling 53 migrants rescued by Sea-Watch would require EU support.”

40. EU summit must give effective answer on migration (euobserver, link):

“Three years on from the peak of arrivals, the inability of European leaders to put in place an effective system is both failing the most vulnerable and threatening the EU’s credibility with its citizens – leaving populist and far right parties to reap the rewards in the European elections.”

41. EUROPE’S MIGRATION CHALLENGE – From integration to inclusion (link):

“As Europe prepares for the arrival of new Members of the European Parliament, a new European Commission and a new President of the European Council, it’s time to take a fresh look at Europe’s conventional thinking on migration. 

42. USA: An Expert on Concentration Camps Says That’s Exactly What the U.S. Is Running at the Border (Esquire, link):

Surely, the United States of America could not operate concentration camps. In the American consciousness, the term is synonymous with the Nazi death machines across the European continent that the Allies began the process of dismantling 75 years ago this month. But while the world-historical horrors of the Holocaust are unmatched, they are only the most extreme and inhuman manifestation of a concentration-camp system­which, according to Andrea Pitzer, author of One Long Night: A Global History of Concentration Camps, has a more global definition. There have been concentration camps in France, South Africa, Cuba, the Soviet Union, and­with Japanese internment­the United States. In fact, she contends we are operating such a system right now in response to a very real spike in arrivals at our southern border.

43. UK: Book Launch, London, 18 June 2019: After Grenfell: Violence, Resistance and Response (pdf):

On the 14th June 2017, a fire engulfed a tower block in West London, seventy-two people lost their lives and hundreds of others were left displaced and traumatised. The Grenfell Tower fire is the epicentre of a long history of violence enacted by government and corporations. On its second anniversary activists, artists and academics come together to respond, remember and recover the disaster.

Free entry, book online: Book Launch – After Grenfell: Violence, Resistance and Response (Eventbrite, link)

44. France carries out first deportation to Eritrea (La Cimade, link):

“On June 6, 2019, the prefecture of Pyrénées-Orientales expelled an Eritrean person to Asmara from the administrative detention center (CRA) of Toulouse. This is France’s first expulsion to Eritrea, a country with one of the most violent dictatorships in the world.”

45. UK: Independent review of the Home Office response to the mandating of DNA evidence for immigration purposes (pdf)

“This is the review into the Home Office’s response to the mandating of DNA based evidence for immigration purposes. The legal position is that the Home Office has no express legal power to mandate people to provide DNA based evidence of identity or familial relationships in support of an application, nor can their application be refused for not providing such evidence. People can, however, voluntarily provide DNA based evidence.”

And see: Government response (pdf)

46. EU budget 2020: Commission focuses its proposal on jobs, growth and security (EC press release, pdf):

“Many of Europe’s challenges know no borders. The EU has repeatedly used all flexibility in the budget to respond to disasters, address migration challenges and strengthen the EU’s external borders. By mobilising its various instruments, the 2020 EU budget will continue to invest in solidarity and security in Europe and beyond:

€420.6 million (+34.6% compared to 2019) for the European Border and Coast Guard Agency (Frontex) following the agreement reached by the European Parliament and the Council in March 2019 to set up a standing corps of 10 000 border guards by 2027;)”

47. Frontex opens Risk Analysis Cell in Senegal (Frontex, link):

On 12 June, Frontex, the European Border and Coast Guard Agency, opened a Risk Analysis Cell in Dakar in cooperation with Senegalese authorities within the framework of the Africa-Frontex Intelligence Community (AFIC).

Taking part in the opening in Senegal were representatives of Gambia, Ghana, Guinea, Mali, Niger and Nigeria, as well as other international partners.

The role of the cells, which are run by local analysts trained by Frontex, is to collect and analyse strategic data on cross-border crime in various African countries and support relevant authorities involved in border management.

This includes information on illegal border crossings, document fraud, trafficking in human beings and other types of cross-border crime. It is shared with authorities at national and regional level to produce analysis and policy recommendations, as well as with Frontex.”

48. Balkan Region – Report May 2019 (Border Violence Monitoring, link):

No Name Kitchen, Border Violence Monitoring and [Re:]ports Sarajevo have published a common report summarizing current developments in pushbacks and police violence in the Western Balkans, mainly in Bosnia-Herzegovina, Montenegro and along the Serbian borders with Croatia.

As such, this report contains analysis and a review of the situation in these areas as well. In total, this report covers 23 case reports on border violence and collective expulsions.

The report details, among other things:

  • the lack of systematization in push-back procedures from BiH to Montenegro
  • Border violence from Serbian authorities
  • a variety of footage from Croatian push-backs obtained over the course of the last month
  • the reintroduction of certain techniques of violence in Croatian push-backs
  • Velika Kladuša’s role in chain push-backs from Slovenia to BiH

49. EU: Data Retention: EU Commission inconclusive about potential new legislation (EDRi, link):

According to the Commission, there are no clear “next stages” in the process, apart from the aforementioned study that will have to be prepared after the Council conclusions on data retention published on 6 June. The Commission will, in addition to this study, continue dialogues with civil society, data protection authorities, EU Fundamental Rights Agency and Member States that will inform a potential future action (or inaction) from the EC on data retention.

50. France: Police harassing, intimidating and even using violence against people helping refugees (Amnesty, link):

French authorities have harassed, intimidated and even violently assaulted people offering humanitarian aid and other support to migrants, asylum seekers and refugees in northern France in a deliberate attempt to curtail acts of solidarity, a new report by Amnesty International has found.

Targeting solidarity: Criminalization and harassment of people defending migrant and refugee rights in northern France reveals how people helping refugees and migrants in Calais and Grand-Synthe are targeted by the police and the court system.

“Providing food to the hungry and warmth to the homeless have become increasingly risky activities in northern France, as the authorities regularly target people offering help to migrants and refugees,” said Lisa Maracani, Amnesty International’s Human Rights Defenders Researcher.”

51. German Parliament Passes “Orderly-Return-Law” (ECRE, link):

…the “Orderly Return Law” (Geordnete-Rückkehr-Gesetz)… has drawn extensive criticism from several civil society organisations, including PRO ASYL. The bill facilitates the use of detention by expanding the grounds for using detention e.g. when asylum seekers do not cooperate for the purpose of their deportation or in cases in which there is no evidence of a risk of absconding. Similarly, the authorities responsible for carrying out deportations are granted the right to access apartments without a judicial order in certain circumstances. In violation of the EU Return Directive, the bill also provides that, until 2022, people awaiting deportation may be placed in regular prisons as long as people affected will be held in premises separate from convicted criminals.

52. Passport free airport experiences take off with the help of facial recognition (World Security Report, pp.12-13, link to pdf):

Famous for the relentless chore of security check-ins and passport control, there is no better place for biometrics than airports. In fact, this has even become an expected location for individuals to utilise facial recognition technology at immigration control, with specially designed RFID chips containing a digital copy of personalised information and biometric identifiers to match the image on a passport, with the identity in real life. Over the past few years, this has amounted to a total of 490 million e-Passports circulating across 100 different countries, with a total of 259 e-passport gates in operation across 14 different UK airports alone.

54. IRELAND: Jailing of sex workers keeping brothel shows law ‘not fit for purpose’ (Irish Times, link):

The jailing of two sex workers in Kildare last week for keeping or being in charge of a brothel proves that Irish laws around prostitution are “not fit for purpose”, the Sex Workers Alliance of Ireland (SWAI) has said.

Two women, including one who is pregnant, were jailed for nine months last Thursday following a hearing at Naas District Court. Adrina Podaru (25) and Ana Tomascu (20), both from Romania, were charged with keeping or being in charge of a brothel in Newbridge which was raided by gardaí in November 2018. They were also working as prostitutes in the brothel.”

DOCUMENTATION

1.  EU: Finnish Presidency agenda highlights digitisation, new technologies and artificial intelligence

The Finnish Council Presidency: Draft agendas for Council meetings, during the second semester of 2019 (the Finnish Presidency) (73 pages, pdf)

2. Lack of data on missing migrant children leads to gaps in protection (University of Bristol, link):

“A new report highlights the need for better data on migrant deaths and disappearances, particularly those of missing migrant children.

This year’s Fatal Journeys 4 report, by the International Organization for Migration (IOM) and co-edited by University of Bristol academic Ann Singleton, focuses on missing migrant children, giving the growing number embarking on dangerous migrant journeys.

According to IOM data, nearly 1,600 children have been reported dead or missing since 2014, though many more go unrecorded.”

3. European Parliament:: Continuation of work in progress from last term (pdf):

“Despite the efforts of the co-legislators, agreement could not be found on a number of legislative proposals before the end of the parliamentary term, and these form a major part of the business that needs to be picked up again in the new term. In order to ensure continuity in its work, therefore, Parliament has adopted rules on how to deal with unfinished files.” . 

4. CoE: Parliamentary:Putting an end to policies of pushbacks and expulsion of migrants (link):

“PACE today expressed concern at pushback policies and practice, which are in clear violation of the rights of asylum-seekers and refugees, including the right to asylum and the right to protection against refoulement. Parliamentarians are also concerned about “reports and evidences of inhuman and degrading treatment of member States and their agencies in the framework of those pushbacks”, through intimidation, taking or destroying goods of migrants, the use of violence and depriving them of food and basic services.”

See: Adopted resolution (link)

5. The European Commission’s: High-Level Expert Group on Artificial Intelligence – Final report: Ethics Guidelines for Trustworthy AI (pdf) To be discussed at a meeting of the European AI Alliance on 26 June (link)

6. ECHR: Applicant’s detention in an immigration centre violated the Convention after it became clear that no safe third country would admit him (pdf):

The case concerned a man who was held in detention pending possible deportation for extended periods while the authorities sought a safe third country to remove him to. This case concerned his detention from July 2012.”

7. EU: A Europe that protects: good progress on tackling hybrid threats (Commission press release, pdf):

The European Union and Member States have made good progress in tackling hybrid threats through a number of concerted actions in a wide range of sectors to significantly boost capacities, shows the latest report adopted today by the Commission and the European External Action Service.

See: JOINT STAFF WORKING DOCUMENT: Report on the implementation of the 2016 Joint Framework on countering hybrid threats and the 2018 Joint Communication on increasing resilience and bolstering capabilities to address hybrid threats (SWD(2019) 200 final, 28 May 2019, pdf)

8. Joint EU-US statement following the EU-US Justice and Home Affairs Ministerial Meeting (pdf):

On 19 June 2019 the Romanian Presidency of the Council of the European Union hosted the EU-U.S. Ministerial Meeting on Justice and Home Affairs in Bucharest, Romania. The meeting provided an opportunity for both sides to take stock of their long-standing cooperation in this area and to reaffirm their partnership in addressing common security threats.

Topics noted: terrorism and information-sharing; Passenger Name Record (PNR); aviation security; “the use of the internet for terrorist purposes”; cyberspace; 5G and law enforcement; e-evidence; Frontex; ETIAS; visa waivers.

In the margins of the meeting the Commission launched negotiations on the exchange of e-evidence. The European Parliament is still considering its position on new EU laws.

9. EU: Council Conclusions on Security and Defence in the context of the EU Global Strategy (10048/19, 17 June 2019, pdf):

Since the launch of the EU Global Strategy in June 2016, the EU has taken ground-breaking steps forward in the area of security and defence. The Council welcomes the substantive progress made to enhance the security of the Union and its role as a security provider and global actor, including through its Common Security and Defence Policy (CSDP). Today’s complex and evolving threats and challenges require a comprehensive EU response, across the nexus between internal and external security as well as using the integrated approach to conflicts and crises.”  __________________________________________
Statewatch: Monitoring the state and civil liberties in Europe
c/o MDR,88 Fleet St, London EC4Y 1DH
tel: +44(0)203 691 5227
http://www.statewatch.org

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