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-----Original Message-----
From: Statewatch [mailto:[log in to unmask]]
Sent: 24 October 2006 18:51
To: [log in to unmask]
Subject: Statewatch News Online, 25 October 2006 (25/06)
Statewatch News Online, 25 October 2006 (25/06) Home page:
http://www.statewatch.org
1. EU: Update: Draft Framework Decision on data protection on
police and judicial matters
2. EU: High Level Meeting on Prum Treaty
3. Northern Ireland: DNA data held on 1,119 innocent children
4. EU: Police Football Handbook
5. EU: Visa Information System (VIS) - "EU VISIT system" - update
6. EU-USA PNR formal adoption of agreement
7. EU: Council of the European Union adopts new: Rules of Procedure
8. EU-Norway and Iceland now covered by European Arrest Warrant (EAW)
9. UK: Conference: "Reclaiming our rights"
10. Copenhagen: Conference: The Danish association 'Rebellion'
11. UK: The Case Against Vetting: How the child protection industry is
poisoning adult-child relations 12. EU: Statewatch briefing papers: Schengen
Information System (SIS) II 13. UK: Joint Committee on human rights: Human
trafficking - report 14. Italy: Renditions: Judge notifies defendants of the
state of play in investigations into Abu Omar 15. UK-Guantanamo: Court
judgment goes against British people held 16. UK-ALGERIA agreements 17. EU:
Report from Committee Delegation on the Visit to Tenerife and Fuerteventura
18. EU: ECRE (European Council on Refugees and Exiles) on the asylum
procedures directive
1. EU: Update: Draft Framework Decision on data protection on police and
judicial matters (DPFD) : 13918/06, dated 13 October 2006:
http://www.statewatch.org/news/2006/oct/eu-dp-issues-13918-06.pdf
Question on scope: Note to Article 36 Committee on the draft Framework
Decision should cover only exchanges between member states
(international) or domestic (national) processing as well. Six member states
"have expressed doubts" as the measure covering domestic processing -
Switzerland, Czech Republic, Denmark, Ireland, Sweden and UK. And:
- 13958/06, dated 16 October 2006: List provided by the General Secretariat
of the Council on data protection provisions in other third pillar
instruments:
http://www.statewatch.org/news/2006/oct/eu-dp-gen-sec-13958-06.pdf
It does not cover the Schengen agreement whose provisions are stricter than
the draft proposal. Most importantly, provisions in all other measures and
proposals which refer to the Council of Europe Convention 1981 and
Recommendation (87) 15 on the use of personal data in the police sector
would automatically be replaced by the new DPFD (see Recital 25) - which, on
the evidence of the current Council draft, will set far lower standards for
those member states who sought to implement CoE standards.
See Statewatch Analysis by Tony Bunyan: EU 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
Full-text documentation is available on Statewatch's Observatory on data
protection in the EU:
http://www.statewatch.org/eu-dp.htm
2. EU: High Level Meeting on Prum Treaty: "a high level conference will be
organized on 16 November 2006 in Vienna by Austrian and German authorities
on the possible relevance and integration of the provisions of the Prum
Treaty in the European Union framework" (from minutes of the Police Chiefs
Task Force). For background see:
G6-G8-Prum: Behind closed doors - policy-making in secret intergovernmental
and international fora:
http://www.statewatch.org/news/2006/sep/05eu-g6.htm
and "Behind Closed Doors: the meeting of the G6 Interior Ministers at
Heiligendamm": House of Lords EU Committee report.
http://www.statewatch.org/news/2006/jul/hol-behind-closed-doors.pdf
3. Northern Ireland: DNA data held on 1,119 innocent children:
http://www.statewatch.org/news/2006/oct/13ni-dna-children.htm
4. EU: Police Football Handbook (pdf):
http://www.statewatch.org/news/2006/oct/eu-police-handbook-football.pdf
Defines: "A person, known or not, who can be regarded as posing a possible
risk to public order or anti social behaviour, whether planned or
spontaneous, at or in connection with a football event"
Point 4.7 ask for information on fans' "Reactions to decisions of the
referee" and 6.8 asks for information on fans: "Political way of thinking"
5. EU: Visa Information System (VIS) - "EU VISIT system" takes shape
UPDATED: Draft Regulation on Visa Information System (VIS) and the exchange
of data between Member States on short-stay visas (doc no 13861/06, dated 12
October 2006) This document compares the Commission proposal to the current
"compromise" draft and sets out outstanding questions. VIS will be first
managed by France and Austria, then by an agency:
http://www.statewatch.org/news/2006/oct/eu-vis-draft-13861-06.pdf
- UPDATED: VIS third pillar, Council Decision: Proposals as at 19 October
2005 (EU doc no: 14196/06):
http://www.statewatch.org/news/2006/oct/eu-dp-sec-agencies-14196-06.pdf
See Statewatch's Observatory on EU asylum and immigration policy:
http://www.statewatch.org/asylum/obserasylum.htm
6. EU-USA PNR formal adoption of agreement: Press release:
http://www.statewatch.org/news/2006/oct/eu-usa-pnr-press-release.pdf
Report on debate in the European Parliament:
http://www.statewatch.org/news/2006/oct/eu-usa-pnr-debate.pdf
EU-USA PNR: the Council of the European Union has now produced the separate
texts on passenger name record (PNR) access by the USA:
a.. New Council Decision on EU-USA PNR deal - This replaces the previous
Decision which the EU court ruled was on the wrong legal basis.
http://www.statewatch.org/news/2006/oct/eu-usa-pnr-coun-new-decision.pdf
b. New Council Agreement on EU-USA PNR deal - This replaces the previous
Agreement which the EU court ruled was on the wrong legal basis
http://www.statewatch.org/news/2006/oct/eu-usa-pnr-coun-new-agreement.pdf
c. Text of letter from the US Department of Homeland Security on their
"interpretation" of "certain provisions" of the "Undertakings"
of 11 May 2004 - This letter from the USA re-interprets parts of the
"Undertakings" agreed in 2004 and which still form part of the Agreement:
http://www.statewatch.org/news/2006/oct/eu-usa-pnr-letter-13738.pdf
d. See: Statewatch critique: 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
e. Council reply to the US letter:
http://www.statewatch.org/news/2006/oct/eu-usa-pnr-letter-coun-reply.pdf
The Council's reply to the US Department of Homeland Security says that the
USA's "commitments" to implement the "Undertakings" allows the EU to declare
there is an "adequate level of data protection" - but is this statement
based on the 2004 "Undertakings" or their new "interpretation" by the USA?
f. US Undertakings attached to agreement, 2004
http://www.statewatch.org/news/2006/jun/eu-usa-pnr-undertakings-may-2004.pdf
For full background documentation and history, see Statewatch's Observatory
on the exchange of data on passengers (PNR) with the USA:
http://www.statewatch.org/pnrobservatory.htm
7. EU: Council of the European Union (25 governments) adopts new:
Rules of Procedure:
http://www.statewatch.org/news/2006/oct/eu-council-rules-of-procedure-2006.p
df
and Council Decision amending comitology" procedures: implementing powers
conferred on the Commission:
http://www.statewatch.org/news/2006/oct/comitology-procedure-updated.pdf
8. EU-Norway and Iceland now covered by European Arrest Warrant
(EAW): Council Decision:
http://www.statewatch.org/news/2006/oct/eaw-norway-iceland-decision.pdf
and Agreement:
http://www.statewatch.org/news/2006/oct/eaw-norway-iceland-agreement.pdf
9. UK: Conference: "Reclaiming our rights", Saturday 2nd December 2006,
10:00 - 17:00. The Graduate Centre (Libeskind Building), London Metropolitan
University http://www.statewatch.org/news/2006/oct/reclaiming-our-rights.pdf
10. Copenhagen: Conference: The Danish association 'Rebellion'
invites you to Copenhagen International Conference Anti-terrorism
legislation, political rights and international solidarity, Saturday
18 November 2006:
http://www.statewatch.org/news/2006/oct/international-conf-copenhagen.pdf
Denmark: Terror case against the association "Oproer" (Rebellion):
http://www.statewatch.org/news/2006/oct/08denmark-oproer-case.htm
11. UK: The Case Against Vetting: How the child protection industry is
poisoning adult-child relations (Manifesto Club report, pdf):
http://www.statewatch.org/news/2006/oct/THE%20CASE%20AGAINST%20VETTING.pdf
The Safeguarding Vulnerable Groups Bill will mean that one third of the
adult working population will be subject to ongoing criminal checks. Those
now routinely vetted include: 16-year-olds who teach younger kids to read;
hospital secretaries who rarely meet children; foster carers' friends;
school governors; parent volunteers in schools; cricket umpires; private
music tutors; university lecturers who teach 17-year-olds; students who help
out on university open days; plumbers who check the school radiators;
grandmothers who volunteer in schools; child psychologists who review
adoption applications; teenagers whose parents are childminding a younger
child. Running an after-school club is now subject to more stringent tests
than selling explosives, or practising law.
See also: Manifesto Club: Vetting Campaign (link):
http://www.manifestoclub.com/hubs/vetting
12. EU: Statewatch briefing papers: Schengen Information System (SIS) II -
legislation agreed:
http://www.statewatch.org/news/2006/oct/11eu-sis-II-sources.htm
Immigration Regulation: The Commission's ambitions to amend the existing SIS
rules in order to harmonize the grounds for listing, to remove expressly
family members of EU citizens from the SIS blacklist, to alter the rules
concerning access by authorities, to extend the management period for alerts
and to take over management of the system have all been rebuffed by the
Council. See: Statewatch briefing paper: SIS II Regulation:
http://www.statewatch.org/news/2006/oct/SISII-immig.pdf
Policing and Criminal Law Decision: The new Decision will differ from the
current Schengen rules as regards the inclusion of biometric data. The rules
on types of alerts will also be amended to include copies of European Arrest
Warrants and connected data, and a lower threshold to issue alerts relating
to surveillance. Access to SIS data would also be widened for Eurojust and
(if the Council's text is
accepted) security agencies. See: Statewatch briefing paper: SIS II
Decision:
http://www.statewatch.org/news/2006/oct/SISII-police.pdf
Adopted texts, European Parliament report and background
documentation: see SIS II: key texts:
http://www.statewatch.org/news/2006/oct/11eu-sis-II-sources.htm
See also: Schengen Convention: Rules governing the Schengen Information
System revised:
http://www.statewatch.org/news/2006/oct/sis-amendments-13071-06.pdf
13. UK: Joint Committee on human rights: Human trafficking - report
http://www.statewatch.org/news/2006/oct/jt-hr-cttee-trafficking-report.pdf
14. Italy: Renditions: Judge notifies defendants of the state of play in
investigations into Abu Omar rendition: High-level SISMI and CIA officials
involved http://www.statewatch.org/news/2006/oct/10italy-omar-case.htm
15. UK-Guantanamo: Court judgment goes against British people held in
Guantanamo Bay. See Save Omar website
http://www.bailii.org/ew/cases/EWCA/Civ/2006/1279.html
16. UK-ALGERIA agreements signed in July now published, including the one on
extradition of people who are in danger of facing torture and
ill-treatment:
a. Convention between the Government of the United Kingdom of Great Britain
and Northern Ireland and the Government of the People's Democratic Republic
of Algeria on Extradition:
http://www.statewatch.org/news/2006/oct/uk-algeria-extradition-cm-6928.pdf
b. The Convention between the Government of the United Kingdom of Great
Britain and Northern Ireland and the Government of the People's Democratic
Republic of Algeria on Mutual Legal Assistance in Criminal Matters London,
11 July 2006:
http://www.statewatch.org/news/2006/oct/uk-algeria-extradition-cm-6929.pdf
c. Convention between the United Kingdom of Great Britain and Northern
Ireland and the People's Democratic Republic of Algeria on Judicial
Co-operation in Civil and Commercial Matters:
http://www.statewatch.org/news/2006/oct/uk-algeria-extradition-cm-6927.pdf
d. Agreement on the Circulation of Persons and Readmission between the
Government of the United Kingdom of Great Britain and Northern Ireland and
the Government of the People's Democratic Republic of
Algeria:
http://www.statewatch.org/news/2006/oct/uk-algeria-readmission-cm-6926.pdf
See: Amnesty International - Algeria (link)
http://www.amnestyusa.org/countries/algeria/news.do
and Statewatch's Observatory on "Terrorists" lists:
http://www.statewatch.org/terrorlists/terrorlists.html
17. EU: Report from the LIBE Committee Delegation on the Visit to Tenerife
and Fuerteventura (ES) Rapporteur: Ms Jean Lambert (pdf)
http://www.statewatch.org/cia/reports/ep-cia-visit-canaries.pdf
18. EU: ECRE (European Council on Refugees and Exiles) on the asylum
procedures directive: ECRE Information Note on the Council Directive
2005/85/EC of 1 December 2005 on minimum standards on procedures in Member
States for granting and withdrawing refugee status:
http://www.statewatch.org/news/2006/oct/eu-ecre-note-asylum-procedures-direc
tive.pdf
Full-text of the Directive (pdf):
http://www.statewatch.org/news/2006/oct/eu-asylum-procedures-directive-2005.
pdf
Statewatch analysis: EU law on asylum procedures: An assault on human
rights? (November 2003)
http://www.statewatch.org/news/2003/nov/sp-asylum-nov.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
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