Spies ‘R’ Us
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Statewatch News Online, 28 July 2005 (29/05)

Full contents see: www.statewatch.org/news

1. Special: EU: Schengen III Treaty
2. EU: Draft European Commission proposal on data retention
3. EU: Commission proposal on transfers of funds
4. Expulsions to Kabul and Joint charter flight
5. UK: ID Card Bill as amended in Committee
6. Democracy at the crossroads? Counter-terrorism and the state: International forum
7. UK: London shooting
8. Statewatch database
9. UK: Prison Ombudsman: Mistreatment of detainees
10. UK: Association of Chief Police Officers (ACPO) call for new terrorism measures
11. UK: Home Secretary announces new terrorism laws
12. UK: Information Commissioner’s Annual Report 2005

1. Special: EU: SCHENGEN III TREATY – full-text

EU: Schengen III Treaty signed in Prum, Germany on 27 May 2005. The participating states are: Germany, Spain, France, Luxembourg, Netherlands, Austria and Belgium. The Treaty includes:

– automated access by law enforcement agencies to DNA, fingerprints and vehicle registration
– public order and protests
– armed “sky marshals” on flights
– joint deportation flights

a. Schengen III Treaty (English):

b. Schengen III Treaty (Spanish):

c. Schengen III Treaty (French)

d. Schengen III Treaty (German)

e. plus in German:
Annex 1: www.statewatch.org/news/2005/jul/schengenIII-german-Anl-1.pdf
Annex 2: www.statewatch.org/news/2005/jul/schengenIII-german-Anl-2.pdf
Statements: www.statewatch.org/news/2005/jul/schengenIII-german-statements.pdf

Commentary: Some remarks on Schengen III:


2. EU: Draft European Commission proposal on data retention (pdf, thanks to EDRI). This is a a copy of the so-called ‘Interservice Consultation’, which is circulated for comment within the Commission. The final, possibly amended version is expected to be published some time in August 2005. The Commission proposal is intended to replace the initiative in the Council of the European Union by five member states:

See also on the latter: UK-EU: Call for mandatory data retention of all telecommunications:

3. EU: European Commission proposal for a Regulation on information on the payer accompanying transfers of funds for the purposes of the prevention, investigation, detection and prosecution of money laundering and terrorist financing:
see: www.statewatch.org/news/2005/jul/com-money-transfer.pdf

4. EU: Europe should be ashamed of itself – Expulsions to Kabul and Joint charter flight (GISTI, link):
see: www.statewatch.org/news/2005/jul/16joint-expulsions.htm

5. UK: ID Card Bill as amended in Committee (House of Commons)
see: www.statewatch.org/news/2005/jul/uk-id-card-bill-amend.pdf

6. Democracy at the crossroads? Counter-terrorism and the state: International forum, Pisa, Italy on 29-30 September 2005
see: www.statewatch.org/news/2005/jul/15pisa-forum.htm

7. UK: Amnesty International statement: Full circumstances into fatal shooting must be investigated (link):

London police shot wrong man (link to BBC News):

The man shot dead by police on Friday 22 July was Jean Charles de Menezes, a 27 year old Brazilian national who had lived in London for three years, working as an electrician – police say that he had nothing to do with the bombings on 7 July or the attempted bombings on 21 July 2005. The shooting will be investigated by the Independent Police Complaints Authority (formerly the Police Complaints Authority). See: Police Complaints Authority Review of shootings by police in England and Wales from 1998 to 2001 (January 2003):
see: www.statewatch.org/news/2005/jul/pca-firearms-report-2003.pdf

See also: Guidelines (1987) ACPO Manual of guidance on police use of firearms (January 2003):

Devon and Cornwall Police Guidelines (15 July 2005):
see: www.statewatch.org/news/2005/jul/police-firearms-DC-2005.pdf

8. The Statewatch searchable database has been updated and now holds 23,570 records (news, features, analyses and documentation):
Search database: database.statewatch.org/search.asp

9. UK: Prison Ombudsman: Mistreatment of detainees: Inquiry into allegations of racism and mistreatment of detainees at Oakington immigration reception centre and while under escort: www.statewatch.org/news/2005/jul/prison-ombs-Oakington.pdf

10. UK: Association of Chief Police Officers (ACPO) calls for new terrorism measures:

– extend powers to detain people for questioning from 14 days to 3 months
– new offence of “indirect incitement” will “capture the expression of sentiments which do not amount to direct incitement”
– extend provisions in the Council of Europe’s Convention on the Prevention of Terrorism which make the provision of training an offence to “receiving training” (this was discussed but rejected in the CoE negotiations)
– extend the role of MI5 (the Security Service) to enable it to operate outside of the UK and British Territories
– create a new offence of “inappropriate internet usage”
– have powers to “attack identified websites”

Full details in: ACPO proposals:

12. UK: Home Secretary announces new terrorism laws (text of statement):
see: www.statewatch.org/news/2005/jul/12uk-terr-laws-HmSec.htm

These will include tackling preparatory acts and training. The most contentious proposal would introduce a criminal offence of “indirect incitement” which the Home Secretary says will cover “unacceptable behaviour” and will:

“target those, who while not directly inciting, glorify and condone terrorist acts knowing full well that the effect on their listeners will be to encourage them to turn to terrorism”

Another initiative launched by the government is to return people to third countries with whom the UK will sign a “memorandum of understanding” on their treatment, the first being with Jordan. Amnesty International UK said that: Jordan assurances not worth the paper they are written on (press release):

See also: UK: Egyptian national “unlawfully detained” after intervention by Prime Minister (16.11.04):

13. UK: Information Commissioner’s Annual Report 2005:
see: www.statewatch.org/news/2005/jul/uk-info-comm-rep-05.pdf


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