– and EU discussing the creation of cross-border law enforcement
"Special Task Forces"
[statewatch.org] On 19 January 2005 the EU Gendarmerie Force (EGF)
involving para-military police forces from Italy, Spain, France,
Holland and Portugal will be launched in Vicenza (Veneto), Italy.
Vicenza is the seat of Camp Ederle – the third largest US base
in Italy.
The proposal was put forward at an informal meeting of Ministers
of Defence in Rome on 3-4 October 2003 by the then French Minister
of Defence, Michelle Alliot-Marie. The "Declaration of Intent"
between the five states was signed "in the margins"
(ie: outside of the formal proceedings) at another informal meeting
of EU Defence Ministers in Noordwijk, Netherlands on 17 September
2004. In a speech to this meeting Mr Solana, the EU’s High Representative
for Common Foreign and Security Policy, said he welcomed the
establishment of the European Gendarmerie Force "covering
activities such as security and public order missions".
The EGF involves the French Gendarmerie, the Italian Carabinieri,
the Portuguese Guardia Nacional Republicana, the Dutch Royal
Marechausee and the Spanish Civil Guard.
The idea of creating an para-military police force in the
EU capable of acting within and outside has been part of the
planning for its military role. It was the EU Council at Santa
Maria da Feira on 19-20 June 2000, when considering the creation
of the mechanisms for "non-military crises management",
which agreed that EU states would "cooperate voluntarily":
"to provide up to 5,000 police officers for international
missions across the range of conflict prevention and crisis management
operations. Member States have also undertaken to be able to
identify and deploy up to 1,000 police officers within 30 days."
See: Global
policing role for EU (Statewatch News Online: December
2000
However, a follow-up report (13831/01, 12 November 2001) showed
only five member states (France, Italy, Netherlands, Portugal
and Finland) were prepared to make commitments.
Perhaps more relevant was a meeting in Paris of officers from
paramilitary units in France (F), Italy (I), Spain (E) and Portugal
(P) on 25-26 January 2000. The F.I.E.P. meeting agreed on the
need for a "European security and investigation force"
(FESI). The model for FESI units would be the "Multinational
Special Units" (MSU) developed by NATO and implemented by
the Arma dei Carabinieri. The units would have a capability for:
"intelligence, general surveillance, judicial police and
maintaining order". In what are called "peace support
operations" the units could carry out "preventive and
repressive" actions" because:
"Paramilitary police forces offer, above all else,
the capability for the restoration of public order where the
absence of any state legitimacy reigns. They have the required
expertise and capability to engage in deteriorated situations
as a component of armed forces."
An article by a Spanish officer (Enrique Esquivel Lalinde,
Lieutenant Commander, May 2005, Link
to article ) gives more detail
on the intended role of the EGF as the "Declaration of Intent"
has not been published.
The key elements are that the EGF can operate inside and outside
the EU. Its HQ in Vicenza will have a staff of 30 with around
800 "troops" available within 30 days. The para-military
force will work under a High Level Inter-Ministry Committee (HLIMC)
drawn from Ministries of Foreign Affairs, Interior and Defence.
This will provide "political and military coordination"
– including the appointment of the Commander and agreeing Guidelines.
Under the heading of "Security and public order"
the roles of the EGF include: public surveillance, border control,
general intelligence, criminal investigation, and the "maintenance
of public order in the event of disturbances".
Schengen: EU discussing creation of cross-border "Special
Task Forces"
Another initiative, this time at the EU level, is being discussed
in the Police Cooperation Working Party. It is being proposed
that the "competent authorities" of one state can request
the "competent authorities" of another to send its
national "Special Task Force" to enter and act in support
of the "Special Task Force" of requesting member state
in "crisis situations". The European Commission is
to compile a list of the "competent authorities".
The "Special Task Forces" are defined as "any
law enforcement agency" (which can differ from state to
state). A "crisis situation" includes, but is not limited
to, "hostage-taking, hijacking and comparable incidents"
where there is:
"a serious direct threat to persons or institutions"
The UK Presidency Note sets out the liabilities for "collateral
damage" (in Annex B) based on the First Protocol of the
Geneva Convention (1977) though it notes that this Protocol does
not use the term "collateral damage".
Police cooperation
arrangements concerning assistance between police authorities
in crisis situations (doc no: 13937/1/05, pdf)
Tony Bunyan, Statewatch editor, comments:
"The creation of a European para-military force, the
EDF, adds to the growing list of bodies, agencies and forces
spawned by the EU over which there is scant accountability, scrutiny,
transparency or openness. Para-military police are by their very
name and nature trained to use force beyond that normally available
to police forces and require greater not less oversight.
Everyone can understand the need to provide resources across
borders for natural disasters and say, for hijacking where specialist
help may be needed. But what are the limits, whether inside or
outside the EU? Will the EDF is used for border control and the
Special Task Forces for public order (eg: Genoa 2001)?
Where are the mechanisms for accountability? Should there
not be provision for the European Commission to produce an annual
report on the reason, use and deployment of such groups? Should
not national and Euriopean Parliaments be expressly given the
task of scrutinising the use of such groups?
Source: http://www.statewatch.org/news/2006/jan/03eu-gendarmarie.htm
