News online - current lead stories For full contents see: Statewatch News online with analysis, documentation, news in brief and News Archives 2000-ongoing or What's New The latest 25 news items are listed below: EU: VISA ENTRY CHECKS TO BE SUSPENDED IF THERE ARE TOO MANY PEOPLE: Draft Regulation of the European Parliament and of the Council amending Regulation (EC) No 562/2006 as regards the use of the Visa Information System (VIS) under the Schengen Borders Code (EU doc no: 8674/08, pdf). The creation of the Visa Information System (VIS) is a major new system being put in place by the EU. It covers all visitors to the EU who have to apply for a visa in their country of origin, be fingerprinted and then security checked before a visa is issued. All the details, including fingerprints are held on the central VIS database so that on entry to and exit from the EU identity checks can be carried out. However, this new proposal from the Council Presidency says that if there are too many people to be checked and "all resources have been exhausted" then only random checks will be carried out: "By way of derogation, where traffic of such intensity arises that the waiting time at the border crossing point becomes excessive and all resources have been exhausted as regards staff, facilities and organisation and where, on the basis of an assessment of the risk related to internal security and illegal immigration, it is established that the consultation in the Visa Information System need not be systematic, such consultation may be carried out on a random basis for as long as these conditions are met." EU RETURNS DIRECTIVE: AI & ECRE: Press release (pdf) See also: FIDH:Proposal for a “returns” Directive: The FIDH calls for the suspension of the text’s adoption until it conforms to Member States international human rights obligations (pdf) and GUE group in the European Parliament: Press release (link, pdf) Statewatch Supplementary Analysis: The EU's Returns Directive by Professor Steve Peers, University of Essex who concludes: "The EP and the Council have to decide whether their endlessly-repeated support for the principles of fairness, human rights and human dignity is a genuine commitment, or simply empty rhetoric." "Against the outrageous Directive!", full-text of speech given by Yasha Maccanico (Statewatch) at the hearing with NGOs organised by the GUE group, European Parliament, Strasbourg on 12 December 2007 (pdf) plus Fortress Europe (link) and Migreurop (link) BULGARIA: EU MANDATORY DATA RETENTION DIRECTIVE: We have to abolish Regulation ¹ 40, which gives the Ministry of Interior the right to retain data for every Internet-user (2.5MB, pdf) and Bulgaria: Against Internet “Bugging” (link to Global Voices). For background see: Statewatch's Observatory on The surveillance of telecommunications in the EU EU Ombudsman launches EU-wide consultation on access to databases: Press release, Letter, Statement, and the Original Complaint (all pdf) "The European Ombudsman, P. Nikiforos Diamandouros, has launched a consultation process within the European Network of Ombudsmen on access to information contained in databases. This follows a complaint from a Danish journalist about the refusal of the European Commission to disclose data on beneficiaries of EU agricultural subsidies. The Commission justified its refusal on grounds of confidentiality. Furthermore, it argued that the EU's rules on access to documents apply to databases only if the data can be easily retrieved. The Ombudsman was not convinced by this approach. He therefore contacted his colleagues in the Member States to find out about "best practices" at the national level aiming to ensure maximum public access to databases. This consultation is particularly important given that this issue at stake forms part of the current debate on the reform of the EU's rules on access to documents." UK-TREATIES-UAE: Extradition Treaty: between the United Kingdom of Great Britain and Northern Ireland and the United Arab Emirates on Extradition (pdf) Treaty between the United Kingdom of Great Britain and Northern Ireland and the United Arab Emirates on Mutual Legal Assistance in Criminal Matters (pdf) EU-RETURNS DIRECTIVE: FIDH:Proposal for a “returns” Directive: The FIDH calls for the suspension of the text’s adoption until it conforms to Member States international human rights obligations (pdf) Italy: Beppe Grillo posts list of convicted MPs and senators: Former comedian turned political activist Beppe Grillo, who has engaged in a campaign to prohibit politicians who have received firm judicial sentences from taking up their seats in the Italian parliament and Senate, has posted a list of 17 politicians who will be present in the new legislative chambers. Interestingly, it includes Renato Farina, the journalist of right-wing daily newspaper Libero, who negotiated a six-month suspended sentence after pleading guilty to working for the secret services (journalists are forbidden from doing so), and was allegedly involved in the cover-up into the Abu Omar kidnapping and rendition to Egypt in 2003. Source: http://www.beppegrillo.it, May 2008.The list: www.beppegrillo.it/documenti/parlamento_pulito_2008.pdf UK Government loses appeal against de-proscription of PMOI - how long before the EU backs down? The Court of Appeal has refused to overturn a ruling that it must end the "perverse" listing of an Iranian opposition group as a banned terrorist group, ruling that there were "no valid grounds" to contend that the Proscribed Organisations Appeal Commission made legal errors when it ordered the People's Mojahedin Organisation of Iran (PMOI) to be removed from the 'blacklist' (AP, 7.5.08). In December 2006, the EU Court of Justice ruled that the PMOI should be removed for from the EU terrorist list, partly on the grounds that the reasons for its inclusion were "unclear". But the EU has steadfastly refused to remove them from the list, a position that now appears wholly untenable. See: See Statewatch Observatory on "Terrorist" lists: monitoring proscription, designation and asset-freezing EU-AUSTRIA: To introduce Schengen border controls on entry for European football championship: Full-text of EU doc no: 9068/08, pdf) See also: Expulsion from Belgium and Schengen bans for anti-war protesters - SIS used to curb dissent; Schengen framework used to curb free movement and Football fans taken off records USA: Congressional Research Service report: Data Mining and Homeland Security: An Overview EU-ECJ: The Court's judgment today annuls the "safe third country" and "safe country of origin" provisions of the procedures directive - and also states that the co-decision procedure now fully applies to asylum law. The case was brought by the European Parliament: Case C-133/06 - full-text of judgment (pdf). See for background: Statewatch's analysis and coverage: EU divided over list of “safe countries of origin” – Statewatch calls for the list to be scrapped (pdf) and EU divided over list of "safe countries of origin" - the list should be scrapped - secret documents reveal a shallow process without any sense of morality or humanity UK: Police seek to axe anti-arms trade movie (link to SchNews) and Watching You in Big Brother Britain (thanks to SchNews): Car of peace protesters "flagged" on Police National Computer led to them being stopped and questioned under the Terrorism Act. UK: The UK has the most CCTV cameras in the world: CCTV boom has failed to slash crime, say police (Guardian, link) EU: FOI IN THE EU: Revised and Updated: Statewatch analysis of the proposed changes to the Regulation on access to EU documents by Tony Bunyan with additional comments from Steve Peers, May 2008. Full background and documentation since 1993 is on the Statewatch Observatory: FOI in the EU EU: FOI IN THE EU: Should there be a Freedom of Information Act for the EU? (European Citizens Action Service,pdf) Brussels criticised on access to documents law (euobserver, link) The European Commission proposes to improve public access to documents of the EU institutions (Commission press release, pdf) Tony Bunyan, Statewatch editor, comments: "Mr Barroso says "the access to document rules are working well. These changes seek to improve the access to documents for European citizens". While Commissioner Wallstrom says "Access to documents is an essential tool for democracy and now we want to improve it". The rules on access are not working well and these changes will takes us several steps backwards. For example, the Commission does not agree with the definition of a "document" in the Regulation, so it wants to change it. The Commission's public register of documents is a joke so now it wants to change the rules. There would be a longer list of exceptions to refuse access, including mandatory exceptions where applications do not even have to be considered. And would leave in place the rule which allows the institutions to deny access to documents on measures about to be adopted in Brussels - a practice that would never be tolerated at national level. The Amsterdam Treaty was agreed 11 years ago (1997) and was meant to herald a new era of openness and transparency – we only got half of the loaf and have been waiting for the other half, now the Commission wants to takes away some of this.” See: Statewatch analysis of the proposals Full background and documentation since 1993 is on the Statewatch Observatory: FOI in the EU and see also: - Viewpoint by Tony Bunyan: More openness or just a drop in the ocean? The need for Freedom of Information in the EU - The right to know or the right to try and find out? The need for an EU freedom of information law, by Ben Hayes - "Unaccountable Europe" by Tony Bunyan ITALY-GENOA 2001: Rete del Sud Ribelle activists acquitted of "subversive association" charges EU: Report from Justice: Human rights and the future of the European Union (pdf) UK: MI5 accused of colluding in torture of terrorist suspects - British agents alleged to have questioned men at Pakistani interrogation centre after they had been brutally mistreated and 'Endemic, widespread and systematic' use of torture and Fourth Briton accuses MI5 of collusion in torture of detainees (Guardian, links) Belgian arms transfers to the Middle East - GRIP report (French, pdf) Traditionally, the Middle East is a privileged destination of world arms exports. This region is indeed very keen on new military equipment it can buy easily thanks to oil revenues. For decades, Belgium, almost exclusively through Walloon exports, managed to obtain a share of this market, particularly by building continuing trade relations with one of the states in the region, Saudi Arabia. Yet these Belgian transfers, like those of other states, raised many questions, especially concerning the unintended use that could be made of exported arms, such as internal repression or the risk of diversion by terrorist groups. Exclusive: Commission proposals to amend Regulation on access to EU documents: Statewatch analysis: Tony Bunyan, Statewatch editor, comments: “The scope of the Commission’s amendments and its consultation do not consider many of the fundamental questions posed by civil society and the European Parliament. Perhaps the most crucial is the public’s right to know what is being discussed before it is adopted in Brussels – a practice that would never be tolerated at national level. Moreover, two of the Commission amendments are highly retrogressive. The new definition of a document would mean that if an official does not register it then it is not a “document” – a recipe for abuse. And the obligation of institutions to give public access to the full text of documents would be limited to legislative measures – and not cover the hundreds of thousands of other documents produced and received. The Amsterdam Treaty was agreed 11 years ago (1997) and was meant to herald a new era of openness and transparency – we are still waiting for this to happen.” Documentation: - Commission proposals - Consolidated text - Commission Explanatory Memorandum - Memorandum to the Commission - Table comparing current text to proposed changes - Full background and documentation since 1993 is on the Statewatch Observatory: FOI in the EU EU: European Data Protection Supervisor: EDPS issues policy paper on his role in EU research and technological development (Opinion - full text, pdf) Press release (pdf) UK: Face scans for air passengers to begin in UK this summer - Officials say automatic screening more accurate than checks by humans (Guardian, link) Report that the UK Border Agency is to introduce facial scans at airports to compare with "the image.. on the computer chip in their biometric passports" by using facial recognition technology at automated unmanned gates. A machine would accept or reject the match. Finger-printing, iris and face scans, and DNA taken from people are biometrics giving the state a unique identifier for an individual. With varying degrees of accuracy - none is perfect - these biometrics can be used for verification ("one-to-one", the person from whom the biometric is taken matches that on the passport chip) or identification ("one-to-many", where the person's biometric is checked against the whole database and watch-lists). The "facial image" held on the chip of recently issued EU passports simply contains a digitised copy of the normal passport picture, this is not a biometric. To try and match this "facial image" with a "facial scan" (plotting 1,840 unique features on a person's face) is quite reliable - but will make errors - for "one-one" checks but not at all reliable for "one-to-many". As a report from the UK's National Audit Office (NAO) concluded: "current facial recognition technology is not reliable enough to enable the automated checking of applications against the full database of existing passport holders". It also found that the "chips" in ten-year passports only have a guaranteed lifetime of two years and "there are technical concerns that facial features can change a great deal over a decade... the software may fail to find matches where it should." Moreover, consultants for the NAO report concluded that facial recognition technology: "is not sufficiently reliable to enable fully automated searches even in relatively small databases, and performance is known to decline as database size increases." Tony Bunyan, Statewatch editor, comments: "The UK and other EU governments refer to the digitised passport photo as a biometric when it is not for ideological reasons - to get us used to the idea that they already have one of our "biometrics" so why should we not give them another - our fingerprints. The process however is very different. In most cases the passport picture is simply submitted by post or at an office whereas the compulsory taking of fingerprints requires the physical presence of the person at an "enrolment centre" where they have to prove "they are who they are"." UK: Breaking news 24 April 2008 - High Court quashes Treasury asset-freezing regime For full details, background and reactions: click here EU: BIOMETRIC VISAS & FINGERPRINTING CHILDREN: Latest version of: Draft Regulation of the European Parliament and of the Council amending the Common Consular Instructions on visas for diplomatic and consular posts in relation to the introduction of biometrics including provisions on the organisation of the reception and processing of visa applications (dated 22 April 2008, pdf). There are still substantive differences between the Council's position and that of the European Parliament - especially on the age for finger-printing children: Council, 6 years old and above, EP, 12 years old and above. EU: BORDER MANAGEMENT & DATA PROTECTION: Spring Conference of European Data Protection Authorities, Rome 17-18 April 2008: Declaration on EU border management (pdf): Current Commission proposals indicate: "a trend to full control and surveillance of persons entering or leaving the Schengen area, irrespective of their nationality." "the underlying concept of distrusting travellers by isolating selected "good faith" travellers from all other travellers, even considering the latter as potential law breakers. This will involve screening before and at the gate, controlling the passing of borders and the automatic processing of specific data of travellers. This concept does little to translate into reality "the symbolic effect of showing the EU as open to the world"2, as mentioned in the communication of the Commission and it is even doubtful whether it fits in with the values of the European Union." "Until now no evaluation took place on the effectiveness of the implementation of existing legal measures and no reliable evidence is presented to support the need for new systems nor has any evidence been brought as to the need to supplement the ongoing initiatives in the field." See also: Spring Conference of the European Data Protection Authorities, Cyprus 10-11 May 2007: Declaration on the principle of availability (pdf) UK: COUNTER-TERRORISM: The Government Response to the Report by Lord Carlile of Berriew Q.C.: Third Report of the Independent Reviewer Pursuant to Section 14(3) of the Prevention of Terrorism Act 2005 (pdf) Third Report of the Independent Reviewer pursuant to Section 14(3) of the Prevention of Terrorism Act 2005, Lord Carlile (pdf) UK: CONTROL ORDERS: The Government Reply to the 10th report from the Joint Committee on Human Rights: Counter-Terrorism Policy and Human Rights (Ninth Report): Annual Renewal of Control Orders Legislation 2008 (pdf) EU: Protests: Proposal to create EU-wide "troublemakers" database, full story Tony Bunyan, Statewatch editor, comments: "We can now see a pattern emerging across the EU where people who exercise their democratic right to attend cross border protests are confronted by aggressive para-military policing, surveillance, preventive detention and expulsion. This is a reflection of the EU's definition of "security" at international events which is now defined as covering both "counter-terrorism" and "public order". Back in 2003 the bilateral exchange of information on "suspected troublemakers" between EU states for international events was agreed. What is proposed now is not the one-off exchange of information related to a specific event but a permanent EU-wide database of suspected "troublemakers", this is utterly unacceptable in a democratic Europe." See also: Policing protests in Switzerland, Italy and Germany Brussels abandons plans to protect gays and lesbians (euobserver, link) Britain's financial Guantanamo: This Thursday [24 April 2008], Mr Justice Collins of the High Court will deliver his judgment the case of 'G', 'K', 'A', 'M', and 'Q' v. H.M. Treasury. In the words of Rabinder Singh QC, "the facts of the case are reminiscent of an Austro-Hungarian novel". At issue are two 'Orders in Council' adopted under the 1946 United Nations Act. This Act allows the government to introduce domestic law to implement UN agreements - in this case a series of Security Council Resolutions dealing with the financial sponsors of terrorism - without consulting parliament. See full story. EU: Justice and Home Affairs Council (JHA) 18 April 2008, Luxembourg: Press release (18 April, pdf), A Point agenda (adopted without discussion, pdf), B Point agenda (pdf), Background Note (pdf) For full background and documentation on current Justice and Home Affairs issues see: Statewatch European Monitoring and Documentation Centre (SEMDOC) USA-EU: THE US IS PLACING UNDER SURVEILLANCE E-MAILS, PHONE-CALLS and INTERNET USAGE and TRANSACTIONS OF EUROPEANS:: American Civil Liberties Union (ACLU) Letter to the President of the EU Article 29 Data Protection Working Party (pdf) The letter, from Barry Steinhardt, Director of ACLU's Technology and Liberty Program, says that US agencies, through agreements with EU service providers which allow data and content to "pass through" the USA, is conducting extrajudicial surveillance of Europeans. - "Internet transactions and email between Europeans is increasingly sent through servers in the U.S." - "In many ways this situation is similar to the SWIFT case: transactions between two individuals in Europe may well transit through U.S. telecommunications companies and as a result will be made accessible to the U.S. government." - "This activity involves no oversight or legal protections for non-U.S. persons. As a result, the communications of European citizens are completely vulnerable to abuse." - "We believe that this situation clearly violates European legal requirements for the fair and lawful processing of personal information." UK: "You don't have the right to silence" (indymedia, link) "Yes, that's what officer 0801 from West Midlands Police told me today at Birmingham Airport when I said "No comment" to his surprising question: "Have you been involved in organising any protests in this country?" And since I was held for one and a half hours to be asked such silly questions, I thought I would waste another hour and a half writing about it." and: Recruiting Spies at British Airports (indymedia, link) For background see: Special report from Statewatch, September 2003: Special Branch more than doubles in size: Analysis of the Special Branch’s role in conducting surveillance for MI5 and on public order by Tony Bunyan EU: Council of the European Union: Annual report on access to documents, 2007 (pdf). Worthy of note is the growth in the number of classified documents: "350 (original language) sensitive documents were produced in the period concerned, 26 classified as "SECRET UE" and 324 as "CONFIDENTIEL UE". Of these, 3 "SECRET UE" document and 61 "CONFIDENTIEL UE" documents are mentioned in the register, in accordance with Article 9(2) and Article 11(2) of Regulation No 1049/2001." Of the 350 classified documents produced during the year only 64 were listed on the Council's register of documents. In addition, applications were examined for access to 802 documents classified as "RESTREINT UE" - 35,3 % concerned European Security and Defence Policy, 28% Common Foreign and Security Policy CFSP and 25.5% Justice and Home Affairs. The top issue for which documents where applied to the Council for access to was Justice and Home Affairs: 20,1 % in 2004 to 22,5 % in 2005 and 24,5 % in 2006, reaching 26,8 % in 2007. EU: Draft Framework Decision on the enforcement of decisions rendered in absentia and amending Framework Decision 2002/584/JHA on the European arrest warrant and the surrender procedures between Member States (EU doc no: 8074/08, pdf) USA-FUSION CENTRES: EPIC obtains documents revealing Federal role in state fusion centre secrecy: "WASHINGTON, DC - The Electronic Privacy Information Center (EPIC) has obtained a Memorandum of Understanding between the FBI and the Virginia State Police that details federally imposed limitations on the Virginia open government law. The memorandum, a January 2008 agreement signed by the FBI and the Department regarding Virginia's fusion intelligence center, references federal exemptions that would limit the ability of Virginia citizens to obtain public records from a state agency." Full-text of fusion centre MOU (3.37 MB, pdf) EPIC, “Information Fusion Centers and Privacy” ECJ-TRANSPARENCY: Interesting new opinion on transparency issues re aviation security rules which were kept secret: Opinion of Advocate General Sharpston delivered on 10 April 2008, Case C-345/06 Gottfried Heinrich (Full-text, pdf) Aviation security Liberal's & Democrat's opposition to secret annexes vindicated by EU advocate general (ALDE, press release, pdf) EU: Opinion of the European Data Protection Supervisor (EDPS) on proposed changes to privacy in electronic communications directive (pdf) GREECE: Report by Norwegian Organization for Asylum Seekers (NOAS), the Norwegian Helsinki Committee (NHC) and Greek Helsinki Monitor (GHM): Report on the violation of asylum seekers’ Human Rights by Greece (Report, pdf) and Press release (pdf) "The situation for asylum seekers in Greece is alarming. Thousands of asylum seekers live under unworthy conditions, and without any forms of legal protection. The chance of receiving protection in Greece is close to zero. Transferring asylum seekers to the country is therefore irresponsible." UK: Appeal court blocks deportation of terror suspects (Guardian, link) See: Court of Appeal Othman judgment (Full-text, pdf) EU: Dick Marty, Chairman of the PACE Sub-Committee on Crime Problems and Fight against Terrorism cautions European Union against endangering cohesion and effectiveness of anti-terrorist action (pdf) Mr Marty questions the Commission's proposal on incorporating the Council of Europe's Covention on terrorism which would: "establish the criminal offences of public provocation to commit a terrorist offence, recruitment for terrorism and training for terrorism. However, it omits to include the convention's Article 12 safeguard clause in the operative text of the framework decision. Mentioning fundamental human rights only in the preamble or in a recital is not enough. The message, outside as well as inside Europe, must be clear: anti-terrorist measures must be conditional on respect for fundamental human rights." (emphasis in original) and see: “White man’s burden”: criminalising free speech by Ben Hayes (pdf) "While the recurring publication of the ‘Danish cartoons’ of the Prophet Mohammed continues to provoke anger in the Muslim world and a defence of ‘free speech’ in the West, a proposed EU law on “public provocation” to terrorism could criminalise widely held political views – but it has barely raised a murmur." EU: VISAS, PASSPORTS & FINGERPRINTING CHILDREN: The latest Council (EU governments) text on visas and biometrics comparing their current position with that of the original Commission proposal and that of the European Parliament: EU doc no: 6962/08, pdf) It should be noted that there are many differences between this draft and the views of the European Parliament. On the controversial issue of finger-printing children for EU passports and travel documents the Council position is that: "the majority view is 6 years with the possibility of going lower on the basis of national law" (EU doc no 75679/08, pdf) Thus any government would be able to adopt a lower age, even at birth. European NGOs ask Court to annual data retention Directive: Submission concerning the action brought Ireland v Council of the European Union Case C 301/06 (pdf) 43 civil liberties NGOs and professional associations based in 11 European countries today submitted a brief to the European Court of Justice, asking it to annul an EU directive ordering the blanket registration of telecommunications and location data of 494 million Europeans. USA: American Civil Liberties Union: What's wrong with fusion centres? (pdf) A new institution is emerging in American life: Fusion Centers. These state, local and regional institutions were originally created to improve the sharing of anti-terrorism intelligence among different state, local and federal law enforcement agencies. Though they developed independently and remain quite different from one another, for many the scope of their mission has quickly expanded - with the support and encouragement of the federal government - to cover “all crimes and all hazards.” The types of information they seek for analysis has also broadened over time to include not just criminal intelligence, but public and private sector data, and participation in these centers has grown to include not just law enforcement, but other government entities, the military and even select members of the private sector. EU-LISBON TREATY: Report from the House of Lords European Union Committee: The Treaty of Lisbon: an impact assessment - Vol 1 (5.4 MB, pdf) and Evidence Vol 2 (4.3 MB, pdf) Portugal: Head of observatory on prisons charged with "offending" prison guard service Antonio Pedro Dores, sociologist and professor at Lisbon university and director of the association ACED (Associação Contra a Exclusão pelo Desenvolvimento), which was established in 1999 and runs an observatory on prisons, faces charges of "offending a collective person, body or service" levelled at him by the SNCGP (Sindicato Nacional do Corpo da Guarda Prisional, national trade union of the body of prison guards). Spain/UK: Extradited suspect complains of treatment in Spain Moroccan national Farid Hilali extradited from the UK to Spain on 8 February 2008 to face charges of terrorist activity, has complained about his treatment, detention in solitary confinement and the confiscation of legal papers he needs to prepare a defence of his case. EU-ECJ: Court of First Instance strikes another blow to EU "terrorist list" - legality of "reformed" procedures remains in doubt. The EU Court of First Instance has overturned decisions by the Council of the EU to include the Kurdish organisations PKK and Kongra Gel on the EU "terrorist list" (04.04.2008). In Case T-253/04 bought on behalf of Kongra Gel and 10 other individuals, the EU court ruled that the organisation was not in a position "to understand, clearly and unequivocally, the reasoning" that led the member states' governments to include them. It reached the same conclusion in Case T-229/02, bought by Osman Ocalan on behalf of Kurdistan Workers Party (PKK). Ben Hayes of Statewatch comments: "There isn't a lawyer in Europe who believes that the EU 'reform' of its proscription regime amounts to the fair hearing that EU law demands. On the contrary, the regime remains a recipe for arbitrary, unaccountable and politically-motivated decision making. By ignoring the increasingly clear message from the EU Courts, the member states are doing themselves a great disservice. Instead of digging its heels in, the EU should introduce a meaningful appeals procedure for affected parties. To wait years for the EU court system or the Strasbourg Court to deliver a judgment that everyone can see coming would be an affront to the EU's stated commitment to human rights." For full story and background see Statewatch's Observatory: "Terrorist" lists: monitoring proscription, designation and asset freezing EU-DUBLIN AGREEMENT: European Council on Refugees and Exiles (ECRE) Letter to EU Presidency (pdf) The letter says that "the unacceptable conditions for asylum claimants in Greece, the obstacles to accessing a fair determination procedure and the risk of other serious human rights violations" as its reasons. "Greece is not a safe place for those in need of protection," Bjarte Vandvik, the head of the ECRE, said. UK: COUNTER-TERRORISM BILL: Northern Ireland Human Rights Commission: Press Release (pdf) Briefing (pdf) and Justice: Counter Terrorism Bill Briefing for House of Commons Second Reading (pdf) EU-RETURNS DIRECTIVE: Statewatch Supplementary Analysis: The EU's Returns Directive by Professor Steve Peers, University of Essex who concludes: "The EP and the Council have to decide whether their endlessly-repeated support for the principles of fairness, human rights and human dignity is a genuine commitment, or simply empty rhetoric." USA-CZECH REPUBLIC MOU: Visa Waiver Scheme: Full text of the US-Czech Memorandum of Understanding signed in February 2008 (pdf) The US Department of Homeland Security (DHS) has held bilateral talks in addition with: Estonia, Germany, Greece, and the UK. The MOU would introduce exchange of personal data on passengers gathered by Czech law enforcement and passed to the USA and the USA would check and inspect the systems in place to gather the data. The Council of the European Union is seeking to negotiate from a common position on US demands for the implementation of the visa waiver scheme - the USA has been negotiating bilaterally with individual member states. A statement issued on 5 March: US Visa Waiver Program Legislation (Press release, pdf) and EU doc no: 7337/2008, pdf) - unusually from the Mixed Committee at Permanent Representative level (ie: including Schengen members such as Norway, Iceland and Switzerland). This sets out negotiating positions in reaction to the MOU circulated by the USA. These include: - On PNR (passenger name record) the EU says that the EU-US PNR agreement "should suffice and no additional requirements should be added" - extraordinarily: "No commitment as to access for the US to EU/EC databases or information system". The Czech MOU envisages law enforcement personal data on passengers being passed over to the USA and the US checking the systems through which checks are made - data on lost and stolen passports should be, as agreed, via Interpol - international law sets out the obligations to take back expelled citizens and any agreement should be on the basis of reciprocity negotiated at EU level - the sharing of PNR data obtained from third countries should be consistent with the EU-US PNR agreement See: Full contents of Statewatch News online with commentary and news in brief plus archives or What's New Top stories 2004-06 EU: Statewatch launches Observatory on data protection in the EU - the protection of personal data in police and judicial matters - full-text documentation on all the secret discussions in the Council Tony Bunyan, Statewatch editor, comments: "This is going to be a momentous decision affecting existing national laws on data protection, and the exchange of data within the EU and around the globe. It is also going to the the foundation of the right of data protection in a host of planned and future EU measures, including the new Schengen Information System (SIS II). The Commission draft proposal is being substantially re-written by the Council's Multidisciplinary Group on Organised Crime including removing the rights of data subjects and obstacles to the passing of data to third countries outside the EU. Until the Council finishes its so-called "second reading" the final text will not been known - when they are intending to simply "nod" it through. Unless the European Parliament recalls this text for further consideration there will be no time at all for an informed debate in national parliaments or civil society" EU: Statewatch Report: Arming Big Brother: new research reveals the true costs of Europe's security-industrial complex (pdf, April 2006) The European Union is preparing to spend hundreds of million on new research into surveillance and control technologies, according to Arming Big Brother, a new report by the Transnational Institute (TNI) and Statewatch. Press release (English) Press release (Spanish, link) Copy of full report (English, pdf) Copy of full report (Spanish, pdf) Hard copies of Arming Big Brother can be obtained from: The Transnational Institute, please send an e-mail to: wilbert@tni.org with your request. EU: "Unaccountable Europe" by Tony Bunyan (Statewatch editor) in Special issue of Index on Censorship: "Big Brother Goes Global" (December 2005) Statewatch analysis: "The European Parliament and data retention: Chronicle of a 'sell-out' foretold?" (pdf) by Professor Steve Peers (December 2005) EU: The right to know or the right to try and find out? The need for an EU freedom of information law, by Ben Hayes (pdf, November 2005) Europe: Launch of the European Civil Liberties Network (link) - The ECLN was launched on 19 October 2005 as a long-term project to develop a platform for groups working on civil liberties issues across Europe. A collection of "Essays in defence of civil liberties and democracy" was published to mark the launch the ECLN EU: A Failure to Regulate: Data Protection in the Police Sector in Europe (pdf), by Ben Hayes (Statewatch) in "Ethnic Profiling by Police in Europe" (Open Society Justice Initiative, pdf). EU: Analysis from Statewatch: SIS II fait accompli? Construction of EU's Big Brother database underway (pdf, May 2005) Global surveillance: Global coalition launch report and international surveillance campaign: Statewatch, with partner organisations the American Civil Liberties Union (ACLU), Focus on the Global South, Friends Committee (US) and the International Civil Liberties Monitoring Group (Canada) today publishes an in-depth report: "The emergence of a global infrastructure for registration and surveillance" (20 April, 2005). EU: "Terrorising the rule of law: the policy and practice of proscription" - Report and observatory monitoring the largely secret development of the policy of "proscribing" groups and individuals connected with "terrorism" (launched June 2005) Statewatch report: Journalism, civil liberties and the war on terrorism (full-report/request printed copy) - Special report by the International Federation of Journalists and Statewatch including an analysis of current policy developments as well as a survey of 20 selected countries in Africa, Asia, Europe, Latin Amercia, the Middle East and the USA (published World press freedom day, 1 May 2005) Statewatch analysis: The exceptional and draconian become the norm - G8 and EU counter-terrorism plans (updated 26 March 2005 pdf) UK-Libya: Target of Blair deportation intervention gets substantial compensation (18.11.04) Original Statewatch Special Report: UK: Egyptian national “unlawfully detained” after intervention by Prime Minister (16.11.04) Statewatch "Scoreboard" on EU counter-terrorism plans (pdf) agreed in the wake of the Madrid bombings. Our analysis shows that 27 out of the 57 EU proposals have little or nothing to do with tackling terrorism - they deal with crime in general and surveillance: Analysis in Spanish (March 2004) The road to "1984" Part II: Everyone in the EU will have to have their fingerprints taken to get a passport (February 2004) The Statewatch website Since its launch this website has had 6,372,935 user sessions and 27,386,329 "hits" (April 2008) In the year 2004 there were 625,653 user sessions with 2,791,124 "hits" In the year 2005 there were 979,772 user sessions with 4,076,016 "hits" In the year 2006 there were 1,341,158 user sessions with 5,446,221 "hits" In the year 2007 there were 1,693,941 user sessions with 6,464,960 "hits" Join Statewatch regular e-mail list for new stories: Join Statewatch news e-mail list Statewatch is registered under the Data Protection Act. 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