{UAH} Fwd: FW: News Online: 30 July 2015 (19/15)

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Subject: News Online: 30 July 2015 (19/15)

Statewatch News Online, 30 July 2015 (19/15)
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NEWS: http://www.statewatch.org/news/

1. EU: Analysis: EU-USA Justice and Home Affairs cooperation: an
honest and equal relationship?
2. EU: Briefing: Preparing the ground for "smart borders": EU action
on "overstayers"
3. EU: Smart borders: European Commission and MSs'at odds over
digitising passport stamps
4. EU: European Parliament Study: The General Principles of EU
Administrative Procedural Law
5. SPAIN: Analysis: ECtHR: Guilty of not investigating allegations of torture
6. EU: DP Regulation: Council: Presidency debriefing on the outcome
of the trilogue on 14 July
7. EU: DP Regulation: European Data Protection Supervisor: New
Chapter for Data Protection
8. EU PASSENGER NAME RECORD (PNR): Council: Preparation for internal
trilogues
9. UK: Shut down undercover police unit because it broke rules
10. LONDON: PUBLIC ORDER: Met Police: Guidance documents for Mass or
multiple arrests
11. Follow the Spycops Across Borders
12. ITALY: Sentences 41 years after an attack against a trade union
antifascist demonstration
13. UK: What is "The Wilson Doctrine" that says MPs not to be put
under surveillance by the state?
14. UK. Police Confirm Ongoing Criminal Probe of Snowden Leak Journalists
17. EU-USA: ECCHR and CCR: Appeal Spain's Decision to Discontinue
Guantánamo Investigation
18. UK: Independent Review into Deaths and Serious Incidents in
Custody must be effective
19. COE: Convention on cybercrime: Protocol on xenophobia and racism
20. UK: MINERS STRIKE 1984-1985: ORGREAVE: Now we need the truth
21. EU: Justice and Home Affairs Council, 20 July 2015, Brussels:
Final press release (pdf)
22. UK: City of London police put Occupy London on counter-terrorism
presentation
23. EU: "FREE MOVEMENT OF [LEA] DATA": Council developing its
negotiating position
24. EU-PNR (Passenger Name Record): European Parliament PNR
negotiating resolution
25. UK: Public order broadcasting: 'The Met' and the press (IRR)
26. FRANCE: Report on detention centres - Increased use of detention,
inc children and EU nationals
27. UK: New: PREVENT Duty Guidance:for further education institutions
in England and Wales
28. Joint statement on convictions for an attack on a Roma camp in Turin

EU-UK-GCHQ-USA-NSA SURVEILLANCE
http://www.statewatch.org/eu-usa-data-surveillance.htm

1. UK-USA-GCHQ-NSA: Surveillance and democracy: the EU and civil
liberties Tony Bunyan
2. SPIEGEL Interview with Julian Assange: 'We Are Drowning in Material'
3. EU: SURVEILLANCE: European Parliament: Resolution of 12 March 2014
mass surveillance

And see: News Digest: updated daily, dozens of news links every month:
http://www.statewatch.org/news/Newsinbrief.htm

NEWS

1. EU: Statewatch Analysis: EU-USA Justice and Home Affairs
cooperation: an honest and equal relationship? (pdf):

Tony Bunyan, Statewatch Director, comments:

"The USA role in justice and home affairs is like that of the 29th EU
state. Year after year since 2001 there have been regular meetings of
Ministers and Senior Officials in Brussels and Washington - it also
attended the six-monthly G6 meetings of EU Interior Ministers (and its
preparatory meetings)

The USA is a major, unseen, influence on EU justice and home affairs
policies and practices and uses the meetings to lobby for direct
access to EU and Member State databases.

These meetings take place on the oft-repeated assumption that the USA
and the EU "share common values of democracy, the rule of law and
respect for human rights and fundamental values". However, there are
many people, in Europe and the USA, who do indeed believe we share
these "common values", but not the policies and practices of our
governments."

2. EU: Statewatch Briefing: Preparing the ground for "smart borders":
EU action on "overstayers" (pdf) by Zakeera Suffee:

"Quiet preparations for the EU's ambitious "smart borders" proposals
are ongoing. This will require the fingerprinting of all non-EU
residents entering the Schengen area, and is made up proposals for an
Entry/Exit System intended to detect visa "overstayers"; a Registered
Traveller Programme for the vetting of selected individuals before
they arrive at EU borders; and proposals for relevant legal amendments
to the Schengen Borders Code....

The multiple efforts to ensure ever-greater capture, storage and
sharing of information suggest that people on the move are
increasingly seen as a threat that needs to be regulated and managed
through high-tech surveillance combined with "on-the-ground"
information-gathering and police operations. All of these initiatives
pose significant challenges to fundamental rights, in different ways.
The fact that they are, for the most part, discussed and prepared in
secret only adds to the concerns that they raise."

3. EU: Smart borders: European Commission and Member States at odds
over digitising passport stamps

The EU wants to replace ink-on-paper passport stamps with a digital
alternative as part of its plans for an Entry/Exit System supposed to
detect visa "overstayers". Member States are not convinced by the
idea.

A proposed new database known as the Entry/Exit System (EES) would
require the fingerprinting of all non-residents entering the Schengen
area, with the aim of making it easier to calculate and detect who has
"overstayed" their visa entitlement. A Registered Traveller Programme
(RTP), for the vetting of certain travellers before they reach EU
borders, would also be introduced, along with amendments to the
Schengen Borders Code.

However, the Commission's plan has raised concerns amongst the Member
States. Documents obtained by Statewatch show that a majority of
Member States consider passport stamps to be the most effective way of
detecting overstayers

4. EU: European Parliament Study: The General Principles of EU
Administrative Procedural Law (pdf):

"Upon request by the JURI Committee this in-depth analysis explains
what general principles of EU administrative procedural law are, and
how they can be formulated in the recitals of a Regulation on EU
administrative procedure."

5. SPAIN: Statewatch Analysis: ECtHR: Spain guilty of not
investigating allegations of torture in incommunicado detention by
Yasha Maccanico:

On 5 May 2015, the third section of the European Court of Human Rights
(ECtHR) in Strasbourg unanimously found Spain guilty of violating the
procedural aspects of article 3 of the European Convention on Human
Rights (ECHR). Arratibel Garciandia applied to the ECtHR on 6
September 2013, complaining about the failure by Spain's internal
jurisdiction to effectively investigate allegations that he was
subjected to ill-treatment following his arrest at 3 a.m. on 18
January 2011 in his home in Etxarri Aranatz (Navarre). He was placed
in incommunicado detention until 22 January and transferred to the
Guardia Civil's general directorate in Madrid, after his fingerprints
and a DNA sample were taken in the Pamplona audiencia provincial
(province court) in the Navarre region.

And see :Statewatch Analyses: Resources for researchers (from 1999 - ongoing)

6. EU: DATA PROTECTION REGULATION: Council of the European Union:
Latest state of play in secret trilogue meetings at summer break:
Chapter II, preparation of trilogue (LIMITE doc no 10790-15, pdf):
Developing the Council's position: "With a view to preparing the next
trilogue, the Presidency invites delegations to discuss Chapter II .
Principles (Articles 5-10).... While underlining that the General
Approach reached by Council on 15th June 2015 constitutes the basis of
the Presidency's negotiation mandate, and taking into account the
position of the European Parliament on Chapter II, the Presidency
invites delegations to share their views on the different questions
and suggestions listed below (points 7 and 8)." [emphasis added]

and Presidency debriefing on the outcome of the trilogue on 14 July
2015 (LIMITE doc no: 10680-15, pdf): 93 pages with multi-column
positions. Summary of discussions including: "discussed in a trilogue
on the General Data Protection Regulation the provisions related to
Chapter V on transfer of personal data to third countries or
international organisations and on the territorial scope of the
Regulation." (emphasis added)

7. EU: DATA PROTECTION REGULATION: European Data Protection Supervisor
(EDPS): Opening a new Chapter for Data Protection (Press release,
pdf):

"Today, as the European Data Protection Supervisor sent his
recommendations to the EU co-legislators negotiating the final text of
the General Data Protection Regulation (GDPR), he launched a mobile
app to compare the latest texts from the Commission, the Parliament
and the Council more easily on tablets and smartphones.

Giovanni Buttarelli, EDPS, said: "Privacy and data protection matter
more than ever to people. For the first time in a generation the EU
has an opportunity to modernise, harmonise and simplify the rules on
how personal information is handled. These rules must be relevant for
the next generation of technologies. As part of my remit to be
proactive and constructive, my recommendations aim to support the
co-legislators to get a better deal for the individual, to make
safeguards more effective in practice and enable them to benefit from
technological innovation."

And see: EDPS Opinion on the new Regulation (32 pages, pdf) and Annex
to Opinion 3/2015: Comparative table of GDPR texts with EDPS
recommendations (520 pages, pdf) Multi-column document.

8. EU PASSENGER NAME RECORD (PNR): Council of the European Union:
Preparation for internal trilogues (LIMITE doc no 11105-15: pdf):
Multi-column document, 507 pages.

For full background and documentation see Statewatch Observatory:
EU-PNR (Passenger Name Record: 2011: ongoing

9. UK: Scotland Yard shut down undercover police unit because it broke
rules - A secret review found that the Special Demonstration Squad
ignored ethical issues and gathered information that had no
crime-fighting value (Guardian, link):

"The SDS was run by the Met and collected what the review called
"high-grade intelligence" on protesters during "deep infiltration
operations". Established in 1968, the unit planted more than 100
undercover officers in more than 460 political groups, until it was
wound up in 2008. The undercover officers adopted intricate fake
personas and pretended to be campaigners for spells of usually five
years.

The SDS spies were deployed to gather information about protests
organised by campaigns including those of grieving families seeking
the truth about police misconduct, environmentalists and anti-racist
groups."

Background: Investigation into links between Special Demonstration
Squad and Home Office (pdf) and Mark Ellison QC and Allison Morgan's:
Review of possible miscarriages of justice: Impact of Undisclosed
Undercover Police Activity on the Safety of Convictions Report (57
pages, pdf) plus: Special Demonstration Squad: Tradecraft Manual
(pdf).

10. LONDON: PUBLIC ORDER: Metropolitan Police: Guidance documents for
Mass or multiple arrests (pdf): A fair bit of it is censored.
Contains: Briefing Note Prisoner Transport - Mass Arrest SOP [Standard
Operating Procedure] - Briefing Note Good Practice - Supervisors
guidance card S12 & S14 (sections 12 and 14 of the Public Order Act
1986)

11. Follow the Spycops Across Borders (COPs, link): "German MP Andrej
Hunko, who has taken great interest in Mark Kennedy's deployment in
Germany, has written to the Home Secretary insisting that the
forthcoming inquiry into undercover police includes UK officers'
actions abroad. It comes after May's announcement last week which,
whilst scant on detail, did specify that it will cover "operations
conducted by English and Welsh police forces in England and Wales".
It's known that officers from the political police units have been
going abroad for about twenty years. Conversely, their foreign
counterparts work over here." See also: Secrets and lies: undercover
police operations raise more questions than answers (Statewatch
database, link)

12. ITALY: Strage di piazza della Loggia, ergastolo per Maggi e
Tramonte 41 anni dopo [Life sentences for Maggi and Tramonte, 41 years
after the piazza della Loggia massacre]: 41 years after an attack
using explosives against a trade union antifascist demonstration in
Brescia in which eight people were killed and more than 100 people
were injured on 28 May 1974, Carlo Maria Maggi of the far-right Ordine
Nuovo group, and Maurizio Tramonte, a former intelligence service
source, were convicted and received life sentences.

13.UK: What is "The Wilson Doctrine" (House of Commons, pdf) that says
MPs must not be put under surveillance by the state?

and see: MPs can no longer remain exempt from surveillance, lawyers
concede - James Eadie QC tells investigatory powers tribunal the
Wilson doctrine is unworkable in era of bulk interception by
intelligence agencies (Guardian, link) and see: What is the Wilson
doctrine? The story behind MPs' protection from snooping - The
convention, outlined by former Labour PM Harold Wilson, says
intelligence agencies should not bug MPs, but that hasn't stopped such
behaviour occurring (link)

14. UK. Police Confirm Ongoing Criminal Probe of Snowden Leak
Journalists (The Intercept, link): "A secretive British police
investigation focusing on journalists working with Edward Snowden's
leaked documents remains ongoing two years after it was quietly
launched, The Intercept can reveal.

London's Metropolitan Police Service has admitted it is still carrying
out the probe, which is being led by its counterterrorism department,
after previously refusing to confirm or deny its existence on the
grounds that doing so could be "detrimental to national security." The
disclosure was made by police in a letter sent to this reporter
Tuesday,

The admission that the investigation remains ongoing triggered
criticism from the U.K.'s largest journalists' organization. Michelle
Stanistreet, general secretary of the National Union of Journalists,
called on the police to "stop attacking press freedom." "Journalists
who reported on the Snowden documents are not criminals, they are not
a threat to national security," Stanistreet said"

15. USA: Government Accountability Office (GAO): COMBATING TERRORISM:
State Should Evaluate Its Countering Violent Extremism Program and Set
Time Frames for Addressing Evaluation Recommendations (pdf):

"Without specific time frames, it will be difficult for the bureau to
ensure timely implementation of programmatic improvements. In
addition, despite identifying its CVE program as a priority and
acknowledging the benefit of evaluating it, the bureau has postponed
evaluating it each fiscal year since 2012."

17. EU-USA: ECCHR and CCR: Former Detainees and Human Rights Groups
Appeal Spain's Decision to Discontinue Guantánamo Investigation (pdf):

"The Berlin-based European Center for Constitutional and Human Rights
(ECCHR) and the Center for Constitutional Rights (CCR) in New York,
together with their cooperating lawyer in Madrid, Gonzalo Boye, have
lodged an appeal against the Spanish National Court's decision to halt
the long-running investigation into torture at the U.S. detention
center in Guantánamo."

18. UK: Independent Review into Deaths and Serious Incidents in
Custody must be effective and lead to real change (INQUEST, link):

"Responding to the announcement, Deborah Coles, Co-Director of
INQUEST, said: "For the review to be effective bereaved families,
their lawyers and INQUEST will need to play an integral role in the
review, and the Reviewer will need to take full account of their views
and experiences. It must also address why so many previous
recommendations from reviews, inquiries and inquests have not been
acted upon. It is too early to tell if this is more about a public
relations exercise than a real attempt to bring about effective
systemic change and the necessary accountability of police officers."

And see: Theresa May to launch independent review of deaths in police
custody - Home secretary will state desire to rebuild public
confidence in police in speech that comes after tensions between
ministers and force under Tory-led coalition (Guardian, link):
"Theresa May will announce plans on Thursday to launch an independent
review of deaths in police custody as she vows to stamp out the
"evasiveness and obstruction" suffered by families at the hands of the
authorities."

19. COE: Convention on cybercrime: Protocol on xenophobia and racism
(280 pages, pdf)

20. UK: MINERS STRIKE 1984-1985: ORGREAVE: We were fed lies about the
violence at Orgreave. Now we need the truth - This pivotal event in
the miners' strike led to a police cover-up. Only an inquiry can
correct history and repair broken trust (Guardian, link)

See: Despite finding evidence of assault, police withholding evidence
and committing perjury the IPPC (Independent Police Complaints
Commission) decides not to investiage any further: IPPC Decision (pdf)
and IPPC Review (pdf)

"the IPCC found "support for the allegation" that three senior police
officers in command at Orgreave had "made up an untrue account
exaggerating the degree of violence (in particular missile throwing)"
from miners to justify their use of force and the charges of riot. The
report said one of these most senior officers had his statement typed
and witnessed by another officer who led a team of detectives which,
the IPCC said, dictated those identical opening paragraphs of junior
officers' statements" (Guardian report)

And see: Orgreave: Truth and Justice Campaign (link)

21. EU: Justice and Home Affairs Council, 20 July 2015, Brussels:
Asylum, Agreements on relocation, resettlement and safe countries of
origin: Final press release (pdf)

- Background Note (pdf) The "non-legislative": Agenda (pdf) is solely
concerned with:

Resettling 20 000 displaced persons from outside the EU in clear need
of international protection
Relocating from Greece and Italy 40 000 persons in clear need of
international protection
Provisional measures in the area of international protection for the
benefit of Italy and Greece
Designation of certain third countries as safe countries of origin

22. UK: City of London police put Occupy London on counter-terrorism
presentation with al-Qaida - Anti-capitalist campaigners described as
'domestic extremism' and put on slide with pictures of 2005 London
bombing and the 1996 IRA bombing (Guardian, link) and see: NETPOL
(link)

23. EU: "FREE MOVEMENT OF [LEA] DATA": Council of the European Union
developing its negotiating position on the: Proposed Directive on the
exchange of personal data between law enforcement agencies (LEAs) in
the EU:

- Proposal for a Directive on the protection of individuals with
regard to the processing of personal data by competent authorities for
the purposes of prevention, investigation, detection or prosecution of
criminal offences or the execution of criminal penalties, and the free
movement of such data (LIMITE doc no: 10335-15, pdf) 149 pages with
629 Member State position/amendments: "All changes made to the
original Commission proposal are underlined text, or, where text has
been deleted, indicated by (…). Where existing text has been moved,
this text is indicated in italics. The most recent changes are marked
in bold underlining."

- Chapters I, II and V (LIMITE doc no: 10133-15, 63 pages, pdf)
Chapter 1: General, Chapter II: Principles and Chapter V: Transferring
of personal data to third countries or international organisations.
With 219 very detailed Member State positions/amendments including:

"DE, supported by FI, wanted it to be possible to transfer data to
private bodies/entities, for cybercrime this was important. NL, SE and
SI agreed with DE on the need for a solution on transfer to private
parties in third countries...."

- Discussion on questions suggested by the Presidency (LIMITE doc no:
10208-15, pdf)

See Statewatch Observatory: Observatory on data protection and law
enforcement agencies - the protection of personal data in police and
judicial matters (2005-2008) and new proposals 2011 ongoing with
full-text documentation on all the secret discussions in the Council -
Last updated 19 July 2015

24. EU-PNR (Passenger Name Record): European Parliament PNR
negotiating resolution (pdf) and see: MEPs back surveillance and
profiling of air passengers as Council discusses "global approach" to
PNR deals with non-EU states

25. UK: Public order broadcasting: 'The Met' and the press (IRR News
Service, link):

"Embedded journalism and police power

This programme shows how far the gains of the landmark 1999 Macpherson
report have been rolled back. The media now considers racism something
to be consigned to Britain's past; it has been 'dealt with'.[7] As
community anger continues – in case after case – the media, faced with
interpreting this dissent, proves incapable of scrutinising the
actions that cause it. Left with effect without cause, it has turned
to the same institutions that generate anger to fill the gap in the
narrative."

26. FRANCE: Report on detention centres for 2014 - Increased use of
detention, including of children and EU nationals

The fifth report on French detention centres, published jointly by the
associations ASSFAM, Forum Réfugiés - Cosi, France terre d'asile, La
Cimade and Ordre de Malta France, provides a wealth of official data,
statistics and critical analysis concerning detention centres and
places of detention for migrants on the French mainland and overseas
territories for 2014.... [and] a practice initially introduced to
target third-country nationals was later extended to Romanians and
Bulgarians, and is now being used to deal with citizens of several EU
member states..

27. UK: Universities will be allowed to host extremist speakers –
within limits: External speakers at campuses must share platform with
opponents under compromise on government's Prevent counter-extremism
strategy (Guardian, link) and see new: Prevent Duty Guidance:for
further education institutions in England and Wales (pdf)

28. Joint statement by European Roma Rights Centre, Idea Rom Onlus and
Associazione Studi Giuridici Immigrazione on convictions for an attack
on a Roma camp in Turin On 17 July 2015, the ERRC, Idea Rom Onlus and
ASGI issued a statement which welcomes the conviction of six people
for a violent attack in December 2011.

EU-UK-GCHQ-USA-NSA SURVEILLANCE
http://www.statewatch.org/eu-usa-data-surveillance.htm

1. UK-USA-GCHQ-NSA: Speech by Tony Bunyan Statewatch Director, Cardiff
University, 18 June 2015: Surveillance and democracy: the EU and civil
liberties (YouTube, link). Tony talks about surveillance with respect
to the European Union and the effect the EU has on our civil
liberties. He details that what has happen in terms of mass
surveillance is nothing new, but what is new is the political and
legal framework which allows it to happen. And gives an overview of
the relationships between each of the following: 1) Gatherers of data
(NSA, GCHQ), 2) Users of data (CIA, FBI), 3) Suppliers of data
(Corporations) and 4) Targets of surveillance (Suspected terrorists,
protests and dissenters, refugees and asylum seekers, migrant
communities, general public)

This talk was given as part of the plenary session entitled
State-Media-Citizen Relations in the Surveillance Society. It was part
of the 2015 Surveillance and Citizenship Conference held at Cardiff
University's School of Journalism, Media and Cultural Studies.

2. SPIEGEL Interview with Julian Assange: 'We Are Drowning in
Material' (Der Spiegel, link): "In an interview, Julian Assange, 44,
talks about the comeback of the WikiLeaks whistleblowing platform and
his desire to provide assistance to a German parliamentary committee
that is investigating mass NSA spying."

3. EU: SURVEILLANCE: European Parliament: Amendments 1-125 to Draft
motion (pdf) and Draft Motion for a Resolution: On the Follow up to
the European Parliament Resolution of 12 March 2014 on the electronic
mass surveillance of EU citizens: Claude Moraes (pdf)

See Statewatch Observatory (June 2013 - ongoing): EU-UK-GCHQ-USA-NSA:
Data surveillance

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