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-----Original Message-----
From: Statewatch [mailto:[log in to unmask]]
Sent: 30 May 2006 12:54
To: [log in to unmask]
Subject: Statewatch News Online, 30 May 2006 (13/06)
Statewatch News Online, 30 May 2006 (13/06) Full contents see:
http://www.statewatch.org
1. EU-US PNR deal annulled by Court of Justice 2. EU: Network of
Independent Experts on Fundamental Rights: "Extraordinary rendition"
3. EU: Opinion of the European Data Protection
Supervisor: exchange of criminal records 4. EU: The Odysseus Academic
Network 5. EU: Justice and Home Affairs Council, 1-2 June 2006 6. EU: The
Future of Europol - Options paper 7. Turkey: New proposals to amend
anti-terrorism law 8. UK: Joint Committee on Human Rights on "extraordinary
rendition"
9. EU: Counter-Terrorism Coordinator:
Implementation of the Action Plan to Combat Terrorism 10. Northern Ireland
Human Rights Commission:
criticises government attack on human rights 11. EU: European Commissionners
divided on which states go on list of "safe countries of origin"
12. EU: Europol: Terrorist activity in the European Union 13. EU: European
Commission: Green Paper: The presumption of innocence 14. EU Data Protection
Authorities: proposed Framework Decision on the protection of personal data
15. UN: Committee against Torture: United States of America - Guantanamo Bay
report:
16. Crete: International Workshop: "State and civil society
1. EU-US PNR (passenger name record) Treaty annulled by Court of Justice in
case brought by the European Parliament - but is it a "pyrrhic" victory?
Full-text of Court judgment:
http://www.statewatch.org/news/2006/may/coj-judment-eu-us-pnr.pdf
Court of Justice press release (pdf):
http://www.statewatch.org/news/2006/may/coj-judment-eu-us-pnr.pdf
The treaty conclusion and Commission decision have clearly been annulled
because (following the opinion of the Advocate-General, see below) their
subject-matter fell outside the scope of the data protection directive, as
they concerned essentially the processing of data by law enforcement
authorities.The other pleas by the EP, in particular the privacy plea, are
therefore not considered at all (the Advocate-General had considered them
for the sake of argument, but rejected them). The EP has therefore won a
"pyrrhic" victory, as the agreement will now be replaced either by national
agreements, or by a third pillar agreement with the US. Either way the EP
has no power over approval of the treaty/treaties or even the power to bring
legal proceedings against them. The press may describe this as a victory for
the EP or for privacy but they will be mistaken.
Moreover, there is a risk that if an EU treaty or purely national treaties
are signed with the US that the standard of privacy protection could
actually be worse than in the original PNR deal.
The treaty is still valid for 3 months after being denounced, so access to
the airline reservation databases would only be illegal if there are no
replacement measures by that point.
a) Opinion of the Advocate-General of the European Court of Justice
(delivered on 22 November 2005):
http://www.statewatch.org/news/2006/feb/ecj-pnr-opinion.pdf
b) See Statewatch's Observatory on the exchange of data on passengers (PNR)
with USA http://www.statewatch.org/pnrobservatory.htm
2. EU: Opinion of the EU Network of Independent Experts on Fundamental
Rights on: The Human Rights Responsibilities of EU Member States in the
context of CIA activities in Europe ("Extraordinary rendition")" sent the
European Parliament's Inquiry, see: Observatory on "rendition:
http://www.statewatch.org/cia/cia.html
3. EU: Opinion of the European Data Protection Supervisor on the draft
Directive on the exchange of criminal records
http://www.statewatch.org/news/2006/may/edps-opinion-criminal-records.pdf
4. EU: The Odysseus Academic Network has been selected by the European
Commission to conduct in partnership with UNHCR the comparative study on the
implementation by the Member States of the directive on reception conditions
for asylum seekers. Practitioners who are interested can contribute to this
study by completing a practical questionnaire. The final conference will
take place in Brussels on Tuesday 26 September. Interested persons can send
an email
to: [log in to unmask] or consult our website
http://www.ulb.ac.be/assoc/odysseus/ to get more information. Call for
contributions:
http://www.statewatch.org/news/2006/may/imm-call-for-contribution.pdf
5. EU: Justice and Home Affairs Council, 1-2 June 2006:
Background Note:
http://www.statewatch.org/news/2006/may/jha-council-1-2-June-06-back.pdf
Draft agenda:
http://www.statewatch.org/news/2006/may/jha-council-1-2-June-06.pdf
6. EU: The Future of Europol - Options paper:
reflecting the outcome of the discussion on the future of Europol held
during the Austrian Presidency May 2006:
http://www.statewatch.org/news/2006/may/eu-fop-future-of-europol-06.pdf
plus Draft Council Conclusions - which are only comprehensible if you read
the first document:
http://www.statewatch.org/news/2006/may/eu-future-of-europol-concl-06.pdf
7. Turkey: New proposals to amend anti-terrorism law (antennae-hr, link):
http://www.antenna-tr.org/mevzuat_devam.asp?feox=2&lgg=en
and A note (link):
http://www.antenna-tr.org/guncel.asp?feox=166&lgg=en
8. UK: Parliament's Joint Committee on Human Rights has issued highly
critical comments on "extraordinary rendition" in its report on UN
Convention Against Torture (UNCAT): JCHR extraordinary rendition:.
http://www.statewatch.org/news/2006/may/uk-jchr-rendition.pdf
The report concludes that: "we do not accept the Government's view that...
it has adequately demonstrated that it has satisfied the obligation under
domestic and international human rights law to investigate credible
allegations of renditions of suspects through the UK to face torture abroad"
and that: "Where there are credible allegations arising from previous
records that a particular civil aircraft transiting UK airspace has been
involved in renditions, and where the aircraft is travelling to or from a
country known to practise torture or inhuman or degrading treatment, it
should be required to land. Where such an aircraft lands at a UK airport for
refuelling or similar purposes, it should be required to provide a full list
of all those on board, both staff and passengers. On landing, it should be
boarded and searched by the police, and the identity of all those on board
verified.
Wherever appropriate, a criminal investigation should be initiated."
See also: Tony Bunyan, Statewatch Director, speech to the European
Parliament hearing in Brussels on 23 January 2006:
http://www.statewatch.org/cia/documents/Statewatch-tony-bunyan-speech-inquir
y.pdf
9. EU: Counter-Terrorism Coordinator report on:
Implementation of the Action Plan to Combat Terrorism Useful summary on
implementation by member states:
http://www.statewatch.org/news/2006/may/eu-terr-measures-implementation-May-
2006.pdf
and Six month report on counter-terrorism:
http://www.statewatch.org/news/2006/may/eu-terr-measures-six-months-May-2006
.pdf
10. Northern Ireland Human Rights Commission:
Commission criticises government attack on human rights culture
http://www.statewatch.org/news/2006/may/nihr-human-rights-culture.pdf
11. EU: It is reported that European
Commissionners are divided over which states should be on the list of "safe
countries of origin" to which people can automatically be
returned: euobserver: http://euobserver.com/9/21687/?print=1
and eupolitix:
http://www.eupolitix.com/EN/News/200605/0427410f-8d2b-46f8-ac0b-0b3fa1877b42
.htm
The list under discussion covers seven African
countries: Benin, Botswana, Cape Verde, Ghana, Senegal, Mali and Mauritius -
the same seven countries discussed by the Council of the European Union in
2004. See for full background:
a) Statewatch Analysis: EU divided over list of "safe countries of origin"
- the list should be scrapped (pdf)
http://www.statewatch.org/news/2004/sep/safe-countries.pdf
b) Appendix to this report with full details of all the EU member state
responses (pdf):
http://www.statewatch.org/news/2004/sep/safe-countries-Appendix.pdf
c) Sources/documents, including member state responses:
http://www.statewatch.org/news/2004/sep/safe-countries-links.htm
d) The Council's amended proposal of September
2004 - which despite all the evidence declares all seven "safe" to send
people back to: EU doc no: 12118/04 (pdf)
http://www.statewatch.org/news/2006/may/eu-safe-countries-12118-rev1-04.pdf
e) The Council's decision to put off agreeing a list under the aslyum
procedures Directive was in place: 14383/04 (pdf)
http://www.statewatch.org/news/2004/nov/14383.pdf
Tony Bunyan, Statewatch editor, comments:
"To determine the fate of people fleeing from poverty and persecution on the
basis of such a shallow process by the Council was an insult to any sense of
humanity or moral responsibility, let alone legal obligations. In 2004 the
Commission opposed the inclusion of these countries - what has changed,
where is the evidence that they are now safe?"
12. EU: Europol: Terrorist activity in the European union: Situation and
trends report
(TE-SAT) - October 2004 - October 2005:
http://www.statewatch.org/news/2006/may/europol-terr-rep-2004-2005.pdf
13. EU: European Commission published Green Paper
on: The presumption of innocence:
http://www.statewatch.org/news/2006/apr/com-innocence-174-06.pdf
14. EU: Declaration by the Conference of European Data Protection
Authorities in Budapest:
http://www.statewatch.org/news/2006/may/eu-dp-budapest-declaration.pdf
Opinion of the Conference of European Data Protection Authorities on the
proposal for a Council Framework Decision on the protection of personal data
processed in the framework of police and judicial cooperation in criminal
matters:
http://www.statewatch.org/news/2006/may/eu-dp-opinion-24-01-06.pdf
15. UN: Conclusions and recommendations of the Committee against Torture:
United States of America - Guantanamo Bay report:
http://www.statewatch.org/news/2006/may/un-19-05-06-torture.pdf
16. Crete: International Workshop: "State and civil society - national,
European and global challenges", 2-3 June, 2006 "Xenia" Cultural Student
Centre, Rethymno, Crete, Greece. Agenda:
http://www.statewatch.org/news/2006/may/crete-workshop.pdf
BOOKMARK
News online - full contents:
http://www.statewatch.org/news
What's New on the Statewatch site:
http://www.statewatch.org/whatsnew.htm
Statewatch European Monitor:
http://www.statewatch.org/monitor/monitor.html
________________________________________________
Statewatch: Monitoring the state and civil liberties in Europe PO Box 1516,
London, N16 0EW. UK
tel: +44(0)20-8802-1882; fax: +44(0)20-8880-1727 <http://www.statewatch.org>
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