1. EU: FINGER-PRINTING CHILDREN
2. France: Suspension of Internet access envisaged to tackle Internet piracy
3. EU: Schengen police cooperation handbook
4. CAJ: The War on terrorism: Lessons from Northern Ireland
5. ECtHR vs. POLAND: Unprecedented inquiry about temporary arrests
6. EU: Brussels attacks new US security demands
7. EU: Integrated European Border Management Strategy
8. EU: JHA PACKAGE: Press Releases: 13 February 2008
9. EU: European Commission proposes "entry-exit" system
10. EU: FRONTEX: Report on the evaluation and future development
11. EU: German Institute for Human Rights: Border Management and Human Rights
12. Updated: EU-USA: Ministers confirm that US wants armed guards on flights
13. EU: UNDERCOVER OFFICERS: Overview of replies to questionnaire
14. EU-USA SWIFT AGREEMENT
15. EU-USA: Review of the Framework for Relations between EU and US
16. EU-USA-PNR: Dissertation
17. Norway suspends Dublin transfers to Greece
18. GREECE: CPT REPORT
19. EU: PRUM IMPLEMENTATION
20. UK:USE OF INTERCEPT EVIDENCE IN TERRORIST COURT CASES
21. MALTA: The Journalists‘ Committee
22. UK: Committee report: Counter-Terrorism Policy and Human Rights
23. EU-EUROPEAN SECURITY AND DEFENCE POLICY
24. EU: EUROPEAN ARREST WARRANTS
25. EU-SIS: SIS Database Statistics
26. RENDITIONS: Portugal: Over 700 prisoners flown to Guantánamo
27. EU-UK: Conclusions of the European Council and the Council of Ministers
28. EU: Note of the Standing Committee
29. Germany: Continued hostility towards foreigners and second generation immigrants
1. EU: FINGER-PRINTING CHILDREN FOR VISAS, EU PASSPORTS AND TRAVEL DOCUMENTS
The Council of the European Union (the 27 governments) and the European
Parliament are currently in co-decision negotiations over the content on
which includes the issue at what age should children be finger-printed
for the issuing of visas. The Council is proposing children of 6 years
of age and above while the European Parliament wants it to be 12 years
of age and above: EU doc no: 6067/1/08 REV 1 (the document contains a
useful chart comparing the positions of the Council, Commission and
European Parliament):
http://www.statewatch.org/news/2008/feb/eu-council-visas-6067-rev1-08.pdf
In a different, but complementary Council fora, the SCIFA/Mixed
Committee is discussing the same issue not just for visas but also for
all EU passports and travel documents (ie: resident third country
nationals, Schengen ID cards): EU doc no: 6138/08:
http://www.statewatch.org/news/2008/feb/eu-council-child-printing.pdf
In this high-level Working Party the Council Presidency notes that while
there is a "majority" of governments in favour of 6 years and above
three governments — Czech Republic, France and Portugal — think it would
be "possible" to take:
"fingerprints even for children below the age of 6 years"
While two governments — Germany and Austria — support the 12 years old
and above proposal from the parliament.
The Council Presidency is proposing that it should be decided whether
each government should be able to decide its own limits — some would be
12 years, some 6 years and some at birth?
"It needs also to be decided if member States should be allowed to
collect fingerprints of children under the age of 6 on the basis of the
national legislation."
Tony Bunyan, Statewatch editor, comments:
"It is to be hoped that the European Parliament will not budge on this
issue. EU governments have been discussing this issue as a technological
one, at what age is it possible to take reliable fingerprints from
children, when it is a moral and political question. This comes in
parallel with the Commission’s idea that peoples‘ visas, passports and
travel documents, including those of children, will be processed in an
enclosed box by machines. What kind of Europe are we heading for?"
2. France: Suspension of Internet access envisaged to tackle Internet
piracy http://www.statewatch.org/news/2008/feb/04france-internet.htm
3. EU: Schengen police cooperation handbook (119 pages):
http://www.statewatch.org/news/2008/feb/eu-schengen-police-handbook.pdf
4. Committee for the Administration of Justice (CAJ): The War on
terrorism: Lessons from Northern Ireland:
http://www.statewatch.org/news/2008/feb/caj-justnews.pdf
5. ECtHR vs. POLAND: Unprecedented inquiry about temporary arrests:
http://www.statewatch.org/news/2008/jan/05poland-echr.htm
6. EU: Brussels attacks new US security demands (euobserver, link):
http://euobserver.com/9/25657
"The text is unacceptable. It’s just way beyond anything that can be
done," Jonathan Faull, the head of the commission’s home affairs
department, said on Wednesday (13 February), referring to a US-proposed
memorandum of understanding distributed to EU capitals."
7. EU: Integrated European Border Management Strategy: "None of the
policy options contribute markedly to reducing terrorism or serious
crime" Perhaps the most revealing document in the EU’s Justice and Home
Affairs package on exit-entry and border management is: Commission Staff
Working Document: Accompanying document to the Communication New tools
for an integrated European Border Management Strategy: Impact
Assessment, Draft v (17/1/2008):
http://www.statewatch.org/news/2008/feb/eu-com-ia-border-man.pdf
– On the role of EU databases like the Schengen Information System (SIS)
and terrorism: As the "perpetrators" have mainly been EU citizens or
living in the EU with official permits:
"None of the policy options contribute markedly to reducing terrorism or
serious crime…In view of the latest terrorist acts in the area of the
EU, it can be noted that the perpetrators have mainly been EU citizens
or foreigners residing and living in the Member States with official
permits.
Usually there has been no information about these people or about their
terrorist connections in the registers, for example in the SIS or
national databases. The entry/exit system does not register entries or
exits of the EU citizens or their relatives. Therefore, the entry/exit
system will not be able to have an impact on this specific target group."
– USA entry-exit procedures: "A total of 1,500 people were rejected at
the border (but it is not clear how many of them could be classified as
serious criminals or terrorist).Information on how many terrorists were
rejected at the border is not available."
– a number of Case Studies are cited but these include those using
irises as the biometric identifier — which are not going to be used in
any EU-wide system and none of the examples involved large-scale numbers
of passengers being handled.
Finally, the proposed "Automated Border Control" processing is described
in detail — which is labour-saving as no people are involved:
"Automated Border Control processes normally consist of the following:
Fingerprint matching would be used in conjunction with an automated gate
and kiosk. The traveller enters the automated gate area, possibly by
presenting their passport in order to open a door that closes behind
them once they have entered (to ensure only one passenger uses the gate
at a time). The kiosk prompts the traveller to present the e-passport
for scanning (visual and electronic) and is prompted to present one or
two fingerprints for scanning. The fingerprint image is captured and the
system converts both the captured image and the image stored on the
e-passport into templates and attempts to match them, according to
predetermined thresholds. If a good match is achieved, a second gate
opens and the traveller is allowed to cross the border. If there is not
a good enough match, or any other problem occurs, the gate does not open
and the traveller is directed for processing by a border guard." (p65)
Tony Bunyan, Statewatch editor, comments:
"The idea that visitors and possibly EU citizens – including children
aged six and above — should enter an enclosed box and be told what to do
by machines and for computers to decide whether to let us out or not is
a quite appalling proposal.
We are told it will save money because no officials need to be involved
and that the EU should embrace all the benefits of modern technological
developments. If this is the price of "progress" it is a bridge too far"
8. EU: JHA PACKAGE: Press Releases: 13 February 2008:
– A comprehensive vision for an integrated European border management
system for the 21st Century:
http://www.statewatch.org/news/2008/feb/eu-com-prel-border-man.pdf
– Examining the creation of a European Border Surveillance System
(EUROSUR) http://www.statewatch.org/news/2008/feb/eu-com-prel-eurosur.pdf
– The FRONTEX Agency: evaluation and future development
http://www.statewatch.org/news/2008/feb/eu-frontex-prel.pdf
Early drafts and Inter service consultations:
– Commission Inter-service Consolation document on the future of
FRONTEX, 11 December 2007:
http://www.statewatch.org/news/2008/feb/eu-com-frontex-draft-dec-07.pdf
– Commission exit-entry system draft and Inter-Service Consultation
document, 12 December 2007:
http://www.statewatch.org/news/2008/feb/eu-com-entry-exit-draft-dec-07.pdf
– Commission Inter-Service Consultation on European Border Surveillance
System (EUROSUR), 11 December 2007:
http://www.statewatch.org/news/2008/feb/eu-com-inter-service-eurosur.pdf
See below.
9. EU: European Commission proposes "entry-exit" system (Communication):
http://www.statewatch.org/news/2008/feb/eu-com-exit-entry.pdf
The Commission is proposing that the entry and exit of all visa-holders
will be recorded automatically — these visa-holders have to give their
finger-prints and be vetted before getting a visa in their country of
origin. However, non-visa entrants (eg: from the EU’s "white list"
countries like the USA) will also have to be fingerprinted and cleared —
EU’s "white" and "black" visa lists:
http://www.statewatch.org/news/2003/sep/visalist.pdf to "Automated
Border Control systems" which could apply to EU citizens as well as
visitors:
Hidden inside the Communication is a reference
"The introduction of Automated Border Control systems can enable the
automated verification of travellers‘ identity without the intervention
of border guards. A machine reads the biometric data contained in the
travel documents or stored in a system or database and compares them
against the biometrics of the traveller, accelerating border checks by
creating automated separate lanes replacing the traditional control booths."
Experiments are taking place along the above lines where a person enters
a closed box, is automatically checked and cleared or not cleared – if a
person is not cleared a side door opens and they are taken away for
questioning.
The Communication proposes the issuing of "tokens" to EU citizens who do
not have biometric passports (ie: those who have not had their
fingerprints taken) subject to vetting as the full "roll-out" of EU
biometric passports will not be complete until 2016.
Also proposed is the adopted of "common vetting criteria" across the EU.
These developments need to be seen alongside the introduction of
biometric passports and travel documents across the EU requiring the
taking of everyone fingerprints, see:
– EU governments blackmail European Parliament into quick adoption of
its report on biometric passports:
http://www.statewatch.org/news/2004/nov/12biometric-passports-blackmail.htm
– EU: "biometric passports" We will not just have to be finger-printed
once but over and over again:
http://www.statewatch.org/news/2006/jul/04eu-bio-passports.htm
– and the Commission’s proposed introduction of an EU-PNR (Passenger
Name Record) covering everyone (citizens and visitors) leaving and
entering the EU: See Statewatch’s Observatory on EU-PNR:
http://www.statewatch.org/eu-pnrobservatory.htm
10. EU: FRONTEX: Report on the evaluation and future development of the
FRONTEX Agency:
http://www.statewatch.org/news/2008/feb/eu-com-frontex-evaluation-report.pdf
Commission Staff Working Document: Accompanying document: Report on the
evaluation and future development of the FRONTEX Agency: Impact
Assessment:
http://www.statewatch.org/news/2008/feb/eu-com-frontex-impact-assess.pdf
Commission Staff Working Paper: Annex to the Report from the Commission
on the evaluation and future development of the Frontex Agency:
Statistical data:
http://www.statewatch.org/news/2008/feb/eu-com-frontex-stats.pdf
11. EU: German Institute for Human Rights: Border Management and Human
Rights A study of EU Law and the Law of the Sea by Ruth Weinzierl and
Urszula Lisson (Final Study: 95 pages):
http://www.statewatch.org/news/2008/feb/eu-study-border-management.pdf
12. Updated: EU-USA: Ministers confirm that US wants armed guards on
transatlantic flights — American demands could put visa-free travel at
risk — East Europeans ignore Brussels united-front plea (Guardian,
link): http://www.guardian.co.uk/world/2008/feb/12/usa.terrorism/print
Bush orders clampdown on flights to US: EU officials furious as
Washington says it wants extra data on all air passengers (Guardian,
link)
http://www.guardian.co.uk/world/2008/feb/11/usa.theairlineindustry/print
and EU plans to require biometrics of all non-European visitors
(International Herald Tribune, link):
http://www.iht.com/bin/printfriendly.php?id=9910780
13. EU: UNDERCOVER OFFICERS: Overview of replies to questionnaire on
undercover officers
http://www.statewatch.org/news/2008/jan/eu-undercover-officers-quest-5001-08.pdf
14. EU-USA SWIFT AGREEMENT: 10741/2/07 REV 2:
http://www.statewatch.org/news/2008/jan/eu-usa-swift-rev2-10741-7.pdf
10741/07 ADD 1 REV 2:
http://www.statewatch.org/news/2008/jan/eu-usa-swift-rev2-10741-7-add1-letters.pdf
10741/1/07 REV 1 (French):
http://www.statewatch.org/news/2008/jan/eu-usa-swift-rev2-10741-rev2—07-fr.pdf
15. EU-USA: Review of the Framework for Relations between the European
Union and the United States: An Independent Study (Prepared for European
Commission, Directorate General External Relations, Unit C1 . Relations
with the United States and Canada):
http://www.statewatch.org/news/2007/dec/eu-us-relations-study.pdf
16. EU-USA-PNR: Dissertation: Freedom, Security, and Democracy in the
European Union: the intervention of the European Parliament in the
negotiation of the Passenger Name Record Agreement by Richard M Spooner:
http://www.statewatch.org/news/2008/jan/eu-usa-pnr-dissertation-2007.pdf
17. Norway suspends Dublin transfers to Greece: Norway suspends asylum
seekers referrals to Greece because of rights violations. Iraqi asylum
seeker alleges ill-treatment and deception (Greek Helsinki Monistor):
http://www.statewatch.org/news/2008/feb/greece-norway-dublin-violations.pdf
18. GREECE: CPT REPORT: The CoE’s Committee for the Prevention of
Torture (CPT) reviewed the treatment of persons detained by law
enforcement officials and examined the conditions of detention in police
and border guard stations, coast guard posts and in special facilities
for illegal migrants in order to evaluate progress made since the CPT’s
last visit to Greece, in 2005. The CPT also paid a targeted visit to
Korydallos Men’s Prison in order to examine the conditions of detention
in the segregation units and to assess developments in relation to the
prison?s health-care service: CPT Greece report:
http://www.statewatch.org/news/2008/feb/greece-cpt-coe-report.pdf
and Government’s response:
http://www.statewatch.org/news/2008/feb/greece-cpt-coe-report-gov-resp.pdf
19. EU: PRUM IMPLEMENTATION: Draft Council Decision on the
implementation (Detail on DNA and vehicle registration access and
exchange, 93 pages):
http://www.statewatch.org/news/2008/feb/eu-prum-implementing-draft.pdf
Council Decision on the implementation of Decision on the stepping up of
cross-border cooperation, particularly in combating terrorism and
cross-border crime:
http://www.statewatch.org/news/2008/feb/eu-prum-decision.pdf
Opinion of the European Data Protection Supervisor:
http://www.statewatch.org/news/2008/feb/eu-prum-edps-opinion.pdf
20. UK:USE OF INTERCEPT EVIDENCE IN TERRORIST COURT CASES: Privy Council
Review of intercept as evidence:
http://www.statewatch.org/news/2008/feb/uk-intercept-review.pdf
21. MALTA: The Journalists‘ Committee together with the Institute of
Maltese journalists this morning presented a letter of protest to the
Chairman of GO against the newly declared corporate policy to ban all
political coverage:
http://www.statewatch.org/news/2008/feb/malta-letter-go-jc-igm.pdf
In the letter (attached), the two representative organisations of
Maltese journalists condemn this policy, particularly when the country
is facing a general election and Maltese citizens need information more
than ever, before they go to vote. As announced on the di-ve.com website
itself: "As a result of new corporate policy, di-ve.com will not, for
the foreseeable future, cover political activities and statements as
part of its day-to-day operations."
22. UK: Parliamentary Joint Human Rights Committee report:
Counter-Terrorism Policy and Human Rights (Eighth Report):
Counter-Terrorism Bill
http://www.statewatch.org/news/2008/feb/uk-jhrc-terrorism-bill.pdf
The Committee rejects 42-day pre-charge detention period for terrorism
suspects and proposes alternative procedures and it highly critical of
the proposal for the state to appoint special coroners and for inquests
to be held without a jury. Chair of the Committee, Andrew Dismore MP,
said: that under these provisions inquests into deaths occurring in
circumstances like that of Jean Charles de Menezes, or British
servicemen killed by US forces in Iraq, could be held by a coroner
appointed by the Secretary of State sitting without a jury. Inquests
must be, and be seen to be, totally independent, and in public to secure
accountability, with involvement of the next of kin to protect their
legitimate interests. When someone dies in distressing, high profile
circumstances their family need to see and feel that justice is being
done, and where state authorities are involved there is a national
interest in accountability as well."
"We are seriously alarmed at the prospect
23. EU-EUROPEAN SECURITY AND DEFENCE POLICY (ESDP): Series of research
reports from the European Parliament:
– Parliamentary Oversight of civilian and military ESDP Missions: The
European and national levels
http://www.statewatch.org/news/2008/feb/ep-esdp-accountability.pdf
– The impact of the Lisbon Treaty on ESDP
http://www.statewatch.org/news/2008/feb/ep-esdp-lisbon.pdf
– The Lisbon Treaty and its implications for CFSP/ESDP
http://www.statewatch.org/news/2008/feb/ep-esdp-lisbon-study.pdf
24. EU: EUROPEAN ARREST WARRANTS: Replies to questionnaire on
quantitative information on the practical operation of the European
arrest warrant — Year 2006:
http://www.statewatch.org/news/2008/feb/eu-eaw-2006-stats.pdf
25. EU-SIS: SIS Database Statistics — 01/01/2008:
http://www.statewatch.org/news/2008/feb/eu-sis-stats.pdf
See: Statewatch Analysis: SIS II: fait accompli? Construction of EU’s
Big Brother database underway:
http://www.statewatch.org/news/2005/may/sisII-analysis-may05.pdf
Search Statewatch database for "SIS" (link):
http://database.statewatch.org/searchdisplay.asp?searchfield=1&noofresults=500&resultsperpage=100&display=1&searchtype=1&searchtext=SIS&submit1=Search
26. RENDITIONS: Portugal: Over 700 prisoners flown to Guantánamo through
Portuguese airspace
http://www.statewatch.org/news/2008/feb/02reprieve-rendition-portugal.htm
27. EU-UK: European Scrutiny Committee of the House of Commons report:
The Conclusions of the European Council and the Council of Ministers:
http://www.statewatch.org/news/2008/feb/eu-uk-esc-eu-councils.pdf
28. EU: Note of the Standing Committee of experts on international
immigration, refugees and criminal law on the proposal for a Council
Directive amending Directive 2003/109/EC to extend the scope to
beneficiaries of international protection:
http://www.statewatch.org/news/2008/feb/eu-standing-committee-int-prot-dir.pdf
29. Germany: Amendment Act marks continued hostility towards foreigners
and second generation immigrants:
http://www.statewatch.org/analyses/gart.pdf
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