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From: Statewatch [mailto:[log in to unmask]]
Sent: 10 October 2006 10:00
To: [log in to unmask]
Subject: Statewatch News Online, 10 October 2006 (24/06)
Statewatch News Online, 10 October 2006 (24/06)
Home page: http://www.statewatch.org
1. EU-USA PNR agreement renegotiated to meet US demands - full-text
2. EU data protection in police and judicial cooperation matters
3. Spain/Morocco: Another migrant shot dead in Melilla
4. Portugal: Renditions continue: Algerian prisoner abducted and deported
5. Portugal: Evidence of illegal CIA rendition flights surfacing
6. EU/Africa: 1st anniversary of the shooting
of migrants in Ceuta and Melilla
7. EU: Council list of international fora "dealing with illegal
immigration"
8. Council of Europe: Report: European Judicial Systems
9. EU: Justice and Home Affairs Council, 5-6 October
10. EU-NATO: Classified information: NATO 2005 added
11. EU-USA: European Commission on US intransigence on visa reciprocity
12. UK: Inquiry into the quality of healthcare at
Yarl's Wood immigration removal centre
13. EU: Advocate General: on PKK - ECJ
14. EU-Court of Justice: paper from the Court on
possible special treatment of JHA cases
15. EU: Standing committee of experts: VIS Regulation
16. Statewatch's Observatory on EU Freedom of Information - Case Law
1. EU-USA PNR agreement renegotiated to meet US
demands - when the law changes in the USA so too
does access to data and how it is processed
http://www.statewatch.org/news/2006/oct/05eu-us-pnr-oct-06.htm
EU-USA PNR (passenger name record) agreement of 6 October 2006: Full-text
http://www.statewatch.org/news/2006/oct/eu-usa-pnr-agreement-6-10-06.pdf
Original agreement of 17 May 2004 (pdf)
http://www.statewatch.org/news/2004/may/PNR-AGR.pdf
US Undertakings attached to agreement, 2004 (pdf)
http://www.statewatch.org/news/2006/jun/eu-usa-pnr-undertakings-may-2004.pdf
2. EU: Analysis: Data protection in police and
judicial cooperation matters: Rights of suspects
and defendants under attack by law enforcement demands (pdf)
http://www.statewatch.org/news/2006/oct/eu-dp.pdf
backed by full-text documentation on Statewatch's
Observatory on data protection in the EU
http://www.statewatch.org/eu-dp.htm
3. Spain/Morocco: Another migrant shot dead in Melilla in July
http://www.statewatch.org/news/2006/oct/07melilla.htm
4. Portugal: Renditions continue: Algerian prisoner abducted and deported
http://www.statewatch.org/news/2006/oct/06portugal-rendition.htm
5. Portugal: Evidence of illegal CIA rendition flights surfacing
http://www.statewatch.org/news/2006/oct/04portugal-cia-gomes.htm
6. EU/Africa: 1st anniversary of the shooting of migrants in Ceuta and
Melilla:
http://www.statewatch.org/news/2006/oct/03ceuta-melilla.htm
Events, account and an excellent publication "The
Black Book of Ceuta and Melilla", by Migreurop
(108 pages, French, pdf). A number of initiatives
have been organised throughout Europe and in
several African countries (Benin, Mali,
Mauritania, Morocco, Tunisia) as part of the
transnational day of action against migration
controls on 7 October, which also marks the first
anniversary of the shooting of migrants at the
Spanish-Moroccan border fences of the enclaves of
Ceuta and Melilla in late September and early October 2005.
7. Updated: EU: Council list of international
fora "dealing with illegal immigration" (pdf)
http://www.statewatch.org/news/2006/oct/cirefi-int-fora-12695-rev1-06.pdf
8. Council of Europe: Report: European Judicial
Systems (2006 edition, 2004 data) (link to full report) Summary (link)
http://www.coe.int/t/dg1/legalcooperation/cepej/evaluation/2006/CEPEJ_2006_e
ng.pdf
Country replies (link)
http://www.coe.int/t/dg1/legalcooperation/cepej/evaluation/2006/Report2006re
sume_en.pdf
9. EU: Justice and Home Affairs Council, 5-6
October 2006 in Luxembourg: Press release for 5-6 October (pdf)
http://www.statewatch.org/news/2006/oct/jha-council-press-release-5-6-10-06.
pdf
- B-points agenda:
http://www.statewatch.org/news/2006/oct/jha-council-B-points-agenda.pdf
- A-points agenda:
http://www.statewatch.org/news/2006/oct/jha-council-A-points-agenda.pdf
- Background paper:
http://www.statewatch.org/news/2006/oct/jha-council-back-paper.pdf
- Council Conclusions on reinforcing the southern
external maritime border (pdf)
http://www.statewatch.org/news/2006/oct/jha-draft-concl-southern-borders.pdf
5 October 2006: JHA Council adopts Conclusions on SIS II and SIS:
http://www.statewatch.org/news/2006/oct/jha-council-sis-II.pdf
These confirm the long delay in implementing the
Schengen Information System (SIS II) with the new
hoped for date being June 2008 - such is the
delay that the Commission's mandate has had to be
extended "beyond 31 December 2006". The
"re-scheduling" is set out in EU doc no 12379/06 (pdf):
http://www.statewatch.org/news/2006/oct/sis-II-12379-06.pdf
The Conclusions gloss over what has been months
of very heated comment directed at the Commission
- this is reflected in EU do no 12835/06 (18 September 2006):
http://www.statewatch.org/news/2006/oct/sis-II-12835-06.pdf
The delay most affects the ten new member states
as "the lifting of controls at the internal land,
sea and air borders" for the Schengen area cannot
happen until they are taking part in the SIS.
10. Updated: 5 October 2006: EU-NATO: Classified information: NATO 2005
added:
a) Exchange of EU classified information (EUCI)
with third countries and organisations (8 September 2006)
http://www.statewatch.org/news/2006/sep/eu-classified-docs-third-countries.p
df
b) EU: Council Decision adopting the Council's
security regulations (28 February 2001)
http://www.statewatch.org/news/2001/mar/05775.pdf
c) NATO: Security within NATO (17 June 2002)
Thanks to Hungarian Civil Liberties Union
http://www.statewatch.org/news/2006/sep/nato-sec-classifications.pdf
d) NATO: NATO Security Committee: Directive on
the Security of Information Second revision of
2002 version (4 February 2005) Thanks to Hungarian Civil Liberties Union
http://www.statewatch.org/news/2006/oct/nato-2005-class-info.pdf
11. EU-USA: Report from the European Commission
damning on US intransigence on visa reciprocity.(full-text: COM 568,
3.10.06):
http://www.statewatch.org/news/2006/oct/eu-usa-visa-reciprocity-report-568.p
df
It shows that progress has been made with nine
countries but none at all with the USA - the USA
refuses to include Greece and nine new member
states: Czech Republic, Estonia, Cyprus, Latvia,
Lithuania, Hungary, Malta, Poland and Slovakia in
the "Visa Waiver Scheme". The report says there
are "no signs of tangible progress" and it
questions the data used by the US side to support
its position: no information is supplied on the
reasons for refusing visa from the 10 EU states
and no accurate figures on overstaying are
available. It concludes that the Commission
believes that steps should now be taken to
restore visa requirements on US "nationals
holding diplomatic and duty/official passports".
12. UK: Inquiry into the quality of healthcare at
Yarl's Wood immigration removal centre, 20 - 24
February 2006 by HM Chief Inspector of Prisons
The Chief Inspector of Prisons, Anne Owers,
published today the inquiry into how Sophie
Odogo, a Ugandan asylum seeker, was reduced to a
state of mental collapse at Yarl's Wood
Immigration Removal Centre and the healthcare provided there:
http://www.statewatch.org/news/2006/oct/yarl%27s-wood-healthcare-report.pdf
See also: Medical Justice Network: http://www.medicaljustice.org.uk/
13. EU: Advocate General calls for CFI ruling on PKK to be set aside:
http://www.statewatch.org/terrorlists/terrorlists.html
If the ECJ follows the opinion of its Advocate
General the PKK will at last be able to challenge
the substance of the EU decision to designate it
as "terrorist". Kadek and Kongra-Gel, who are
listed by the EU as aliases of the PKK will also
be able to challenge their inclusion.
14. EU-Court of Justice: interesting paper from
the Court on possible special treatment of JHA
cases: Treatment of questions referred for a
preliminary ruling concerning the area of freedom, security and justice:
http://www.statewatch.org/news/2006/oct/ecj-and-third-pillar-13272-06.pdf
15. EU: Standing committee of experts on
international immigration, refugee and criminal
law (Meijers Committee): Letter to Commissioner
Frattini: Comments on Proposal to amend EC Visa
Regulation (EC) No. 539/2001 (COM(2006) 84 final)
to amend the list of those requiring visas to enter the EU:
http://www.statewatch.org/news/2006/oct/meijers-cttee-VIS.pdf
"the European Commission should seriously
consider using its powers under Article 250(2) of
the EC Treaty to amend its proposal to make it
compatible with international human rights law"
16. Statewatch's Observatory on EU Freedom of Information - Case Law:
http://www.statewatch.org/caselawobs.htm
now has a list and summaries of "Pending cases"
in the Court of First Instance/European Court of
Justice. As at the end of September there were 25 cases pending.
Pending cases list: http://www.statewatch.org/caselawobs-pending.htm
BOOKMARK
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http://www.statewatch.org/monitor/monitor.html
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