News online - current lead stories                                                         For full contents see: Statewatch News online with news, analysis, documentation and archives or What's New: which lists all new items on the website. The latest 20 lead items are listed below. New: Statewatch Sitemap EU: Major report from Statewatch and the Transnational Institute: NeoConOpticon - The EU Security-Industrial Complex by Ben Hayes (pdf):170,487 copies downloaded. Executive Summary (pdf) and NeoConOpticon blog EU: Compendium of European Police, Customs and Ministerial Liaison Officers (partial access, EU doc. 10504/2/09, July 2009, pdf). The EU has produced an overview of where the member states are sending their liaison officers but has chosen to withhold the actual numbers from the public. Statewatch has obtained the full (uncensored) text of this document which shows that 580 liaison officers from police forces, customs and interior ministries of the EU member states, plus Norway and Switzerland, are currently busy around the world. At the top of the sending EU countries is France with 122 liaison officers, followed by Germany (88), Spain (61), Italy (51), and the UK (39). The most European liaison officers are stationed in Russia (25), Germany (22), Turkey (21), Spain (18), France (17) and the USA (16). See overview of distribution of EU liaison officers (pdf) and detailed spreadsheet (xls) produced by Statewatch. Denmark: Court clears climate summit activists (Politiken.dk, link) Danish prosecutors have suffered a serious defeat in the wake of the COP15 Climate Summit in Copenhagen last December after a court has cleared an Australian and an American activist of planning violent demonstrations during the summit. Statewatch Special: EU-US AGREEMENT ON THE EXCHANGE OF PERSONAL INFORMATION: There are currently six EU-US agreements covering justice and home affairs issues: 1. Europol (exchange of data); 2. Extradition; 3. Mutual assistance; 4. PNR (passenger name record); 5. SWIFT (all financial transactions, commercial and personal); 6. Container Security Initiative (CSI). Getting agreement on many of them has proved controversial and time-consuming (the European Parliament has a say) so now the EU and the USA want to conclude a long-term general agreement covering all future exchanges of personal data concerning any criminal offence however minor. The EU's negotiating mandate, drawn up by the European Commission and now to be agreed to by the Council of the European Union: a) Explanatory Memorandum and proposed Recommendation (COM 252-10): Proposal for a Council Recommendation to authorise the opening of negotiations for an agreement between the European Union and the United States of America on protection of personal data when transferred and processed for the purpose of preventing, investigating, detecting or prosecuting criminal offences, including terrorism, in the framework of police cooperation and judicial cooperation in criminal matters b) Mandate: Negotiating Directives (pdf) Background: see: Reports by the High Level Contact Group (HLCG) on information sharing and privacy and personal data protection (EU doc no: 15851/09, pdf) "The European Union would apply these principles for "law enforcement purposes", meaning use for the prevention, detection, investigation or prosecution of any criminal offense." while: "The United States would apply these principles for 'law enforcement purposes', meaning for the prevention, detection, suppression, investigation, or prosecution of any criminal offense or violation of law related to border enforcement, public security, and national security, as well as for non-criminal judicial or administrative proceedings related directly to such offenses or violations." (emphasis added) See also Council Presidency to Justice and Home Affairs Counsellors: EU-US High Level Contact Group on data protection and data sharing (HLCG) (EU doc no: 14574/09, pdf): This records that: 1) the US Privacy Act only applies to US citizens and further that extensive exceptions are allowed for law enforcement agencies; 2) in the EU "every individual has a fundamental right to effective judicial remedy" but "In the US no comparable general rule exists"; and 3) "It is clear that the EU cannot accept a principle that does not provide for an unconditional right to judicial redress. That, on the other hand, is unacceptable to the US" so the EU Council Presidency has proposed: "that any possible gap in the US redress framework which is unacceptable to the EU, cannot be fixed in the redress principle, but must, if necessary, be addressed in a possible future agreement." EU: Statewatch Briefing: ID Cards in the EU: Current state of play (pdf) Having laid down measures to introduce biometrics (eg: fingerprints) for visas, resident third country nationals and then EU passports the Council of the European Union (27 governments) is now embarking on "harmonising" national ID cards (which in the Schengen area are used as travel documents). This will cover the inclusion of biometrics and using national ID cards for access to e-government services (like social benefits, libraries and healthcare). This is the start of a process of "soft-law making" over which the European and national parliaments have no say. Sources: [1] EU doc no: 5299/1/10 and [2] EU doc no: 9949/10 The Statewatch survey shows: - 17 countries make it mandatory for their citizens to have an ID card, four do not. - 13 countries issue traditional ID cards, eight issue cards containing contact and/or RFID chips, two countries do not issue ID cards (Norway, UK) - Of the eight countries that issue electronic ID cards with the capacity to store biometric data, six have chosen to do so (Belgium, Italy, Lithuania, Portugal, Spain and Sweden) G8 SUMMIT: Muskoka, Canada, 26 June 2010: G-8 Leaders Statement on Countering Terrorism (pdf) EU: Council of the European Union: Report to Standing Committee on operational cooperation on internal security (COSI): The Joint Report by Europol, Eurojust and Frontex on the State of Internal Security in the EU (EU doc no: 9359/10, pdf). It contains the statement that an: "estimated 900,000 illegal migrants enter the EU each year." Tony Bunyan, Statewatch editor, comments: "A few years ago a Europol official was put on the spot by the media when asked about "illegal" migration and said that 500,000 "illegal" migrants entered the EU every year. This figure was quoted time and time again. Later this same official admitted that he had simply invented the figure as logically the number of migrants entering the EU undetected was unknown. Now we have the three leading EU agencies do the same thing, inventing a figure to get headlines and budgets. This is irresponsible and fuels racism in the EU." UK: Factsheet and FAQ on Expulsion of homeless EEA Nationals (Migrants' rights network, link). See: Factsheet - full-text (pdf): "Recently the UK Border Agency (UKBA) have launched a pilot scheme attempting to remove homeless EEA nationals, who do not wish to leave, on the basis that they are not exercising residence rights in the UK. The UKBA is aiming towards a combined strategy for dealing with homelessness, underpinned by the prospect of immigration enforcement for those who do not comply. However, the basis for expulsion on which the new scheme relies is yet to be tested in the courts. AIRE Centre, ILPA and MRN believe that this scheme of coercive expulsion is unlawful and needs to be challenged." EU: France invites handful of ministers to 'immigration' summit (euobserver, link). In the midst of a major row over France deporting Roma the following have been invited to attend, the Interior Ministers of Germany, Italy, Spain, Greece and the UK Coalition government. Also see: Stop this state persecution of Roma - France's deportation of Roma is nothing short of state-sponsored racism. When will the international community stand up for us? (Guardian, link) Italy to raise EU citizen expulsion policy at September meeting (euobserver, link): "Italy has said it intends to expel citizens from other EU states if they are not able to support themselves, in a move apparently inspired by France's current crackdown on Roma." And see: Italy to ask EU for permission to expel Roma (euractiv, link) EU-USA: AGREEMENT ON MUTUAL LEGAL ASSISTANCE: On 1 February 2010 the EU-USA Mutual Legal Assistance Agreement finally came into force. Article 4: Requests for financial information: Requests under Article 4 of the Mutual Legal Assistance Agreement with the USA (pdf). But Article 8 extends mutual legal assistance to almost any crime: "Mutual legal assistance to administrative authorities: Mutual legal assistance shall also be afforded to a national administrative authority, investigating conduct with a view to a criminal prosecution of the conduct, or referral of the conduct to criminal investigation or prosecution authorities, pursuant to its specific administrative or regulatory authority to undertake such investigation. Mutual legal assistance may also be afforded to other administrative authorities under such circumstances." See: Full-text of EU-US Agreements on Extradition and Mutual Legal Assistance (pdf). Background: EU: JHA Council authorises signing of EU-USA agreements on extradition and mutual legal assistance (plus documentation) Countering Terror or Counter-Productive? Comparing Irish and British Muslim Experiences of Counter-insurgency Law and Policy Report of a Symposium held in Cultúrlann McAdam Ó Fiaich, Falls Road, Belfast, 23-24 June 2009 (pdf) Professor Mark McGovern, Edge Hill University with Angela Tobin. Organised in co-operation with Committee on the Administration of Justice, Islamic Human Rights Commission, Relatives for Justice, Coiste na n-Iarchimi UK: Understanding surveillance statistics by Tony Bunyan: - Since 1998 the surveillance of communications has more than trebled - 525,130 "authorisations" were granted in 2009 to access communications data - In 2009 there were 9,042 "covert human information sources" (CHIS) excluding MI5, MI6 and GCHQ: - The Report of the Interception of Communications Commissioner: 2009 report (pdf) - 1998 changes in telephone-tapping warrant procedures disguises true figures - For the full statistics see: Telephone tapping/interception (and mail-opening figures) 1937-2009 ongoing - The Report of the Chief Surveillance Commissioner: 2009-2010 report (pdf) - Commentary: UK Chief Surveillance Commissioner 2003-2009 - The Intelligence Services Commissioner: 2009 report (pdf) EU: Council of the European Union: FRONTEX POWERS: Update: Outcomes (EU doc no: 11843/1/10, pdf). See also: Current Council position (pdf), Outcomes: Working Party on Frontiers/Mixed Committee (Details Member States positions,pdf) and Proposal for a Regulation: amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX) (pdf) EU: European Investigation Order (EIO): JUSTICE: Briefing on the European Investigation Order (pdf). See also: Fair Trials International: Submission on a European Investigation Order (pdf) and Statewatch Analysis: The proposed European Investigation Order: Assault on human rights and national sovereignty (pdf) by Steve Peers, Professor of Law, University of Essex. UK: After numerous complaints of UK agents being present or knowing of torture, inhuman or degrading treatment of terrorist suspects around the world the Government has published the following Guidelines: Consolidated Guidance to Intelligence Officers and Service Personnel on the Detention and Interviewing of Detainees Overseas, and on the Passing and Receipt of Intelligence Relating to Detainees July (pdf) and Note of Additional Information from the Secretary of State for Foreign and Commonwealth Affairs, the Home Secretary, and Defence Secretary: Consolidated Guidance to Intelligence Officers and Service Personnel on the Detention and Interviewing of Detainees Overseas, and on the Passing and Receipt of Intelligence Relating to Detainees (pdf) EU: EURODAC: Annual report to the European Parliament and the Council on the activities of the EURODAC Central Unit in 2009 (pdf) See also: 50% drop in EU irregular migrant border crossings after Italy-Libya pact (euobserver, link) BELGIUM-USA: Viewpoint: Possible Extradition of Nizar Trabelsi to the United States: Another Act of War? by Luk Vervaet, a teacher in prisons: "In the case of the demand made by the United States federal judge Alan Kaye for the extradition of Nizar Trabelsi issued on 16 November 2007, three years of legal interventions by his lawyers, Fernande Motte-Deraedt, Marc Neve and Chantal Morreau, have failed to convince the Belgian authorities to refuse the American's extradition request. The final decision is now in the hands of the justice minister in Belgium's temporary government, the Christian-democrat Stefan Declerck. While Declerck continues to negotiate with his American counterpart, it seems likely that he will rule that the issue of Trabelsi does not fall under the remit of 'current affairs'. While Trabelsi continues his anxious wait in a prison cell, is seems most likely that Declerck will pass his case on to the new justice minister in the new government.." EU: Council of the European Union: Data Protection subsumed into Working Party on "Information exchange": The Ad Hoc Group on Information Exchange (running the EU's Information Management Strategy for EU Internal Security) has been merged with the Working Party on Data Protection (which rarely met) and "with data protection being discussed as the need arises." Tony Bunyan, Statewatch editor, comments: "The track record of the Council shows that it has never taken data protection seriously. The Stockholm Programme states that personal privacy is fundamental but that this can be "interfered" with by "public authorities" (ie: state agencies). When "balancing" the demands of internal security and against the right to personal privacy there is little doubt which will win." EU: Council of the European Union: As from 1 July 2010, the “Police Cooperation Working Party” changed its name into “Law Enforcement Working Party”, which will combine the activities of the former “Police Cooperation Working Party” with those of the “Europol Working Party” and: - The Multidisciplinary working group on organised crime (MDG), created in 1994: "As from 1 July 2010 the MDG will be renamed “Working Party on General Matters, including Evaluation”. The working group will keep on dealing with matters related to organised crime, as far as they are not covered by COSI or another working party" with the acronym: GENVAL. EU: Council of the European Union: "State of play" at the Brussels summer break: 1) Dublin II: Regulation establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast) (73 pages, pdf) 2) High Level Working Group on Asylum and Migration (HLWG): Summary of discussions (pdf), includes state of negotiations on readmissoin and visa waiver agreements. 3) European Investigation Orders (EIOs): Follow-up document of the meeting on 12-13 July 2010 (14 pages, pdf). See also: Fair Trials International: Submission on a European Investigation Order (pdf). See also: Discussion paper on the European Investigation Order (pdf) and Initiative for a Directive of the European Parliament and of the Council regarding the European Investigation Order in criminal matters - Detailed Statement (42 pages, pdf). See: Initiative for a Directive of the European Parliament and of the Council regarding the European Investigation Order in criminal matters (pdf) See also: Statewatch Analysis: The proposed European Investigation Order: Assault on human rights and national sovereignty (pdf) by Steve Peers, Professor of Law, University of Essex. UK: Terrorism Act: Carlile report for 2009: Report on the operation in 2009 of the Terrorism Act 2000 and of Part 1 of the Terrorism Act 2006 by Lord Carlile (90 pages, pdf). See also: 2008 report (pdf) EU: COUNTER-TERRORISM: Communication: The EU Counter-Terrorism Policy: main achievements and future challenges (COM 386, pdf) and Commission Staff Working Paper: Taking stock of EU Counter-Terrorism Measures (SEC 911, pdf). See also: 2008 report: Radicalisation Processes Leading to Acts of Terrorism: A concise Report prepared by the European Commission's Expert Group on Violent Radicalisation (May 2008, pdf) - Full contents of Statewatch News online with news, analysis and documentation - In the News carries link to news coverage from across the EU - What's New covers all new items on the website Top reports 2004-2010 See: Tony Bunyan's column in the Guardian: View from the EU UK: Statewatch Analysis: Rolling back the authoritarian state? An analysis of the coalition government’s commitment to civil liberties (pdf) by Max Rowlands Statewatch analysis: Intensive surveillance of “violent radicalisation” extended to embrace suspected “radicals” from across the political spectrum: Targets include: “Extreme right/left, Islamist, nationalist, anti-globalisation etc” (pdf) by Tony Bunyan. EU: Statewatch Analysis: The proposed European Investigation Order: Assault on human rights and national sovereignty (pdf) by Steve Peers, Professor of Law, University of Essex: "the combined abolition of dual criminality and territoriality requirements represents both a fundamental threat to the rule of law in criminal law matters – which is required by Article 7 ECHR (legal certainty of criminal offences) and Article 8 ECHR in this field (invasions of privacy must be in accordance with the law) – and an attack on the national sovereignty of Member States, which would in effect lose their power to define what acts are in fact criminal if committed on the territory of their State." European Commission: Stockholm Programme: Statewatch Analysis: Action Plan on the Stockholm Programme: A bit more freedom and justice and a lot more security (pdf) by Tony Bunyan Statewatch Analysis: The right to protest: “Troublemakers” and “travelling violent offenders [undefined] to be recorded on database and targeted by Tony Bunyan: "Since the onset of the EU’s response to the “war on terrorism” the prime targets have been Muslim and migrant communities together with refugees and asylum-seekers. Now there is an emerging picture across the EU that demonstrations and the democratic right to protest are among the next to be targeted to enforce “internal security”. Statewatch Analysis: EU proposals to increase the financial transparency of charities and non-profit organisations by Ben Hayes: "The Financial Action Task Force (FATF) has strongly promoted the thesis that terrorist organisations use laundered money for their activities, and that charities are a potential conduit for terrorist organisations." SPECIAL STATEWATCH REPORT: The Shape of Things to Come - the EU Future Group (Version.1.3) by Tony Bunyan: 59,066 copies downloaded. The report calls for a “meaningful and wide-ranging debate” before it is “too late” for privacy and civil liberties. The proposals set out by the shadowy "Future Group" set up by the Council of the European Union include a range of highly controversial measures including new technologies of surveillance, enhanced cooperation with the United States and harnessing the "digital tsunami". In the words of the EU Council presidency: "Every object the individual uses, every transaction they make and almost everywhere they go will create a detailed digital record. This will generate a wealth of information for public security organisations, and create huge opportunities for more effective and productive public security efforts." This major new report The Shape of Things to come (60 pages) examines the proposals of the Future Group and their effect on civil liberties. It shows how European governments and EU policy-makers are pursuing unfettered powers to access and gather masses of personal data on the everyday life of everyone – on the grounds that we can all be safe and secure from perceived “threats”. The Statewatch report calls for a “meaningful and wide-ranging debate” before it is “too late” for privacy and civil liberties. See also ongoing: Statewatch Observatory: The Stockhom Programme Statewatch publication: Border wars and asylum crimes by Frances Webber (38 pages, pdf - 4.685 copies downloaded: "When the pamphlet ‘Crimes of Arrival’ was written, in 1995, the title was a metaphor for the way the British government, in common with other European governments, treated migrants and especially, asylum seekers. Now, a decade on, that title describes a literal truth.... There is a frightening continuity between the treatment of asylum claimants and that of terrorist suspects. In the name of the defence of our way of life and our enlightenment values from attack by terrorists or by poor migrants, that way of life is being destroyed by creeping authoritarianism, and those values – amongst which the most important is the universality of human rights – betrayed." See also: Crimes of arrival: immigrants and asylum-seekers in the new Europe (12 pages, 1995, pdf). To order hard-copy see: Statewatch Publications EU: The dream of total data collection by Heiner Busch. Status quo and future plans for EU information systems Terrorist lists" still above the law by Ben Hayes EU: Secret trilogues and the democratic deficit by Tony Bunyan EU: Returns Directive: "Against the Outrageous Directive" speech given by Yasha Maccanico in EP Cementing the European state by Tony Bunyan, New emphasis on internal security and operational cooperation at EU level EU-SIS Schengen Infornation System Article 99 report by Ben Hayes Policing protests in Switzerland, Italy and Germany The surveillance of travel in the EU where everyone is a suspect by Tony Bunyan EU: Statewatch Report: Arming Big Brother: new research reveals the true costs of Europe's security-industrial complex by Ben Hayes (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) 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 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). 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) 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 9,935,874, user sessions and 45,813,421 "hits" (June 2010) In the year 2009 there were 1,263,573 user sessions with 7,305,161 "hits" Join Statewatch regular e-mail list for new stories: Join Statewatch news e-mail list Statewatch is registered under the Data Protection Act. Information supplied will be not be passed to third parties The Statewatch searchable database now holds more than 25,000 records (news, features, analyses and documentation): Search database If you use this site regularly, you are encouraged to make a donation to Statewatch to support future research. 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