Statewatch News
25 February (Issue 02/22, also available as a PDF)
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Welcome to our latest email update, with features on:
- EU governments seek to put driving licence holders in a “perpetual line-up”
- Abolish the Italy-Libya Memorandum: add your support
Plus, all our other news, links and documentation – and don’t forget to check out our extensive roundup of news from across Europe from the last month.
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Police want driving licence data for biometric searches
The Council of the EU is discussing plans to add driving licence data to an EU-wide network of police facial recognition systems, which would make the data of anyone who holds a driving licence available for cross-border searches by the police – in effect making them part of a “perpetual line-up”.
The proposal has been added to the text of a new law known as ‘Prüm II’, which updates earlier rules on the cross-border searching of DNA, fingerprint and vehicle registration data, and adds a contemporary twist: the interconnection of police facial image databases, and now potentially driving licence data as well.
Read more here.
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Abolish the Italy-Libya Memorandum
Our friends at Associazione per gli Studi Giuridici sull'Immigrazione (ASGI) in Italy coordinated a call to the Italian government to "immediately revoke the Memorandum of Understanding" signed with Libya, due to its facilitation of "models of exploitation and enslavement within which violence that constitutes crimes against humanity is systematically perpetrated."
The statement launched with over 170 signatories, including Statewatch, and is now open for further signatures by both individuals and organisations. You can read the statement here and sign up to express support here (as an individual) or here (as an organisation).
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News and analysis
Building walls, restricting rights: Lithuania's response to the EU-Belarus border 'crisis'
EU-Africa: "Build bridges between people, not walls": civil society statement
EU: Interoperability: Letter confirms delays in implementation of “complex and challenging” plan
EU: Got a driving licence? You’re going in a police line-up
EU: New Council structures for "confidence in the Schengen Area"
EU: AI Act: Presidency compromise text on providers and users of high-risk AI systems
Belgium: Parliamentary scrutiny not over for Frontex
EU: Legislators must put the brakes on big data plans for Europol
Analysis
1 February
Building walls, restricting rights: Lithuania's response to the EU-Belarus border 'crisis'
After the ongoing politico-diplomatic clash between the EU and Belarus reached a peak in the summer of 2021, press attention turned towards the situation at the Polish-Belarussian border, where thousands of people arrived hoping to travel onwards to EU territory. However, the response from the Lithuanian authorities also merits examination: the country's efforts to prevent irregular arrivals have been widely supported by the EU, despite widespread allegations of fundamental rights violations.
News
22 February
EU-Africa: "Build bridges between people, not walls": civil society statement
A statement signed by networks and organisations representing hundreds of different groups, calling for a change in approach to EU-Africa relations and an end to the EU's "security approach to migration policies." The statement was published ahead of the European Union-African Union summit on 17 and 18 February.
22 February
EU: Interoperability: Letter confirms delays in implementation of “complex and challenging” plan
It is unsurprising that the creation of the EU’s ‘Big Brother’ system is facing obstacles and delays – the same happened with the Schengen Information System a decade ago. What is striking is that the all these new legal instruments will be implemented and interconnected simultaneously without leaving room to test their reliability and performance.
21 February
EU: Got a driving licence? You’re going in a police line-up
The Council of the EU is discussing plans to add driving licence data to an EU-wide network of police facial recognition systems, which would make the data of anyone who holds a driving licence available for cross-border searches by the police – in effect making them part of a “perpetual line-up”.
17 February
EU: New Council structures for "confidence in the Schengen Area"
Earlier this month, EU interior ministers agreed to establish a new 'Schengen Council' that will oversee controls at the external borders of, and migration within, the Schengen Area. A discussion paper recently circulated by the French Presidency of the Council, published here, indicates that a range of new structures are likely to be set up as part of this process, including the role of "Schengen Coordinator" and a "solidarity platform" to allow "the mobilisation of Member States’ resources at the external border... complementary to the action of Frontex".
17 February
EU: AI Act: Presidency compromise text on providers and users of high-risk AI systems
On 3 February, the French Presidency of the Council circulated a compromise text of Chapter 3 of the proposed Artificial Intelligence Act, covering with the obligations of users and providers of high-risk systems.
10 February
Belgium: Parliamentary scrutiny not over for Frontex
European Border and Coast Guard Agency to face hearing in the Federal Parliament in Brussels, with representatives of civil society organisations, on 22 February.
2 February
Appeal to the Italian Government, to UNHCR and IOM for the immediate withdrawal of the Italy-Libya Memorandum
An appeal signed by over 170 organisations and individuals, including Statewatch, calls on the Italian government to "immediately revoke the Memorandum of Understanding" signed with Libya, due to its facilitation of "models of exploitation and enslavement within which violence that constitutes crimes against humanity is systematically perpetrated." The appeal, organised by the Italian legal association ASGI, is open for further signatures.
1 February
EU: Legislators must put the brakes on big data plans for Europol
A letter signed by 23 human rights organisations, including Statewatch, has called on MEPs and EU governments to remove proposed new legal powers that would give EU policing agency Europol a licence to process huge quantities of personal data, including on vast numbers of innocent people. Under current plans, existing practices that have been found to be illegal by the EU's data protection authority would be legalised.
The Roundup
Material we have shared on our Twitter and Facebook accounts since the last update.
EurActiv, 24 February‘Unprovoked and unjustified:’ World reacts to attack on Ukraine
“World leaders on Thursday (24 February) swiftly condemned Russia’s military attack on Ukraine, with Western capitals vowing to escalate sanctions against Moscow while the head of the United Nations demanded the conflict end immediately.”
InfoMigrants, 23 FebruaryEuropean countries prepare for refugees from Ukraine
“Countries in Eastern Europe have been preparing for large numbers of people fleeing Ukraine should there be a Russian offensive. The European Commission has said there could be more than a million refugees if military tensions escalate.”
Committee to Protect Journalists, 23 FebruarySpanish court orders investigation of 4 journalists over testimony in police abuse case
“"After April 7 demonstration, at least 5 journalists alleged that police acted aggressively towards press & hit several reporters as officers tried to contain crowds"”
InfoMigrants, 22 FebruaryItaly's League party urges 'rules' for migrants in Sicily
“The far-right League party in Sicily has proposed to introduce behavioural 'rules' to urge migrants to respect public spaces and local inhabitants. The suggestion has sparked outcry and complaints of racism.”
Reuters, 22 FebruaryUsers should be allowed to sue U.S. tech giants under EU rules, civil groups say
“Individual users should be allowed to take U.S. tech giants to court for breaching landmark EU rules aimed at curbing their power, Privacy International, pan-European consumer group BEUC and a number of academics said on Tuesday.”
European Law Blog, 22 FebruaryThe GDPR enters the SLAPP scene: GDPR proceedings as emerging forms of strategic litigation against public participation
“Potential of the GDPR to turn into an alternative SLAPP basis, exploiting vague provisions regulating expression”
EU Observer, 21 February 2022EU anti-fraud watchdog has completed Frontex probe
“The Olaf investigation is expected to be discussed by Frontex management board later this week...The board is expected to determine the severity of sanctions, if any”
Matthias Monroy, 21 FebruaryPlans for “Prüm II”: EU member states also want to query driving licence facial images
“police forces have networked their files for fingerprints, DNA data and vehicle data across Europe. A new regulation is to extend this to faces.”
The Guardian, 20 FebruaryUK: Home Office immigration contractor failed to investigate racist staff messages
“The Home Office is investigating allegations of racist WhatsApp messages sent by immigration staff, as the contracting firm Mitie admitted that they received complaints two years ago but failed to “escalate them”.”
Aegean Boat Report, 19 FebruaryAn Important Step Forward In Our Fight Against Pushbacks!
“At the beginning of this week, we asked the European Court of Human Rights to intervene with an urgent measure under Rule 39 of the Rules of Court to prevent the pushback of four asylum-seekers from Greek territory (Aegean islands).”
InfoMigrants, 18 FebruaryDigital borders: EU increases use of technology to monitor migration
“The European Union and its border agency Frontex are using increasing amounts of technology to monitor migration at external and internal borders across Europe. Experts say that tracking technology is often being deployed to evade legal responsibilities.”
Migreurop, 18 FebruaryWhen the UNHCR in Tunisia throws refugees on the streets like rubbish
“For seven nights and eight days now, refugees and asylum seekers have been demonstrating in front of the offices of the United Nations High Commission for Refugees (UNHCR) in Zarzis and Medenine, in the south of Tunisia. As more and more of them are being expelled from the accommodation centers, they have started to denounce their abandonment by the UN agency, which is supposed to provide protection.”
Irish in Britain, 18 FebruaryWords matter: Jimmy Carr, public attitudes and a community maligned
“After the recent Jimmy Carr controversy, two new reports provide timely context on the scope of discrimination faced by Gypsy, Roma and Traveller (GRT) communities in Britain, writes Irish in Britain's Policy and Public Affairs Manager, Christian Zik Nsonwu.”
Free The Samos 2, 18 FebruaryGreece: There are exactly three months until the trial of N. and Hasan, the #Samos2
Free the #Samos2
The Guardian, 17 FebruaryFrench reporter infiltrates campaign of far-right presidential candidate Éric Zemmour
“A reporter who infiltrated Éric Zemmour’s presidential election team has claimed he witnessed a culture of casual racism and a covert online campaign involving a “shadow Facebook army” and repeated rewrites of the far-right polemicist’s Wikipedia page, the most viewed in France.”
OpenDemocracy, 17 FebruaryThe French presidential election is in a far-Right quagmire
“There are two themes that have taken centre stage in the run-up to the first round of the French presidential election. One is a naked nationalism and the fear of foreign invasion. The other is ‘the enemy within’, the label the far Right has imposed upon France’s Muslim community.”
EurActiv, 17 FebruaryCoFoE: Citizens ask for harmonised EU approach to migration
“Citizens contributing to the Conference on the Future of Europe (CoFoE), the EU’s democracy engagement project, have issued their recommendations on migration following the conference’s fourth panel in Maastricht.
The key recommendations were that member states’ legislation on migration should be harmonised at the EU level. The power of institutions should be increased, with more efficient procedures for border management, arrivals, and welcoming systems.”
UK Home Office, 17 FebruaryHome Secretary orders wide-ranging review of Border Force
“The Home Secretary, Priti Patel, has ordered a wide-ranging, independent review of Border Force to assess its structure, powers, funding and priorities to ensure it can keep pace with rapidly evolving threats and continue to protect the border, maintain security and prevent illegal migration.”
And: ‘Deeply concerning’: British government picks Alexander Downer to review UK’s border force
Irish Legal News, 17 FebruaryECtHR dismisses Troubles case despite identifying weaknesses in 2012 inquest
“The European Court of Human Rights (ECtHR) has dismissed a case brought against the UK by the sister of an IRA volunteer who was shot dead by British soldiers in 1990, despite identifying certain weaknesses in a 2012 inquest.”
The Guardian, 17 February‘It’s an atrocity against humankind’: Greek pushback blamed for double drowning
“Interviews with more than a dozen witnesses, analysis of classified documents, satellite imagery, social media accounts and online material, and discussions with officials in Turkey and Greece, have helped piece together what happened over five September days during which the two men died, likely victims of a pushback by the Greek authorities.”
Atlatszo, 16 FebruaryAfter the expiry of the two-year deadline, Hungary has still not started transposing the EU Whistleblower Protection Directive
“The transposition deadline expired in December last year, but Hungary has so far failed to reach even the stage of a published draft law or public consultation. From public data it can only be found that the Ministry of Justice is supposedly working on the task – a ministry with firsthand experiences on the difficulties of preventing corruption in the Völner case.”
The Guardian, 15 FebruaryBritish BLM group closes down after police infiltration attempt
“A Black Lives Matter group in south Wales has closed down after revelations that a covert police unit attempted to recruit one of its members to be an informant.”
Utrecht Law Review, 15 FebruaryCrying Wolf Too Many Times: The Impact of the Emergency Narrative on Transparency in FRONTEX Joint Operations
“Crisis-driven EU policy in recent years fits within a securitisation narrative, in which the claim of public security threat outweighs fundamental rights and their accountability safeguards. Under this policy development, Frontex, the EU Border and Coast Guard Agency, has experienced an impressive expansion in its powers and competences, without the equivalent enhancement of accountability safeguards. This article focuses in particular on the issue of transparency as a fundamental right and an element of social and political accountability. Specifically, it examines how lack of transparency in complex multi-actor structures, such as Frontex joint operations, can result in gaps in accountability and impact the enforcement of basic fundamental rights of EU citizens and migrants.”
The Independent, 14 FebruaryUK: Priti Patel’s ‘unworkable’ asylum reforms will cost taxpayer £2.7bn a year, report finds
“The government’s new asylum plans will cost the taxpayer more than two and a half billion pounds a year, almost double what is spent on the current system, according to a new analysis.”
The Brussels Times, 13 FebruaryPolish ombudsman: Humanitarian situation for migrants in detention centres worse than in prisons
“At a hearing on Monday (7 February) in the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE), the Polish deputy commissioner for human rights (ombudsman) Hanna Machinska described the situation of migrants in the border region with Belarus as a humanitarian disaster.”
Hermes Center, 11 FebruaryTechnologies for Border Surveillance and Control in Italy: Identification, Facial Recognition and European Union Funding
A new report by the Hermes Center.
Matthias Monroy, 11 FebruaryStatus agreement with Senegal: Frontex might operate in Africa for the first time
“The border agency in Warsaw could deploy drones, vessels and personnel. It would be the first mission in a country that does not directly border the EU. Mauretania might be next.”
OpenDemocracy, 11 February 2022UK: Families’ plea over ‘barbaric’ indefinite prison sentences for minor crimes
“Exclusive: Thousands left in English and Welsh prisons without release dates, despite controversial indefinite sentences long being scrapped”
EUobserver, 11 FebruaryFrench push for legal limbos on EU borders
“The EU French presidency is pressing for the creation of legal limbos near its borders where existing human rights standards may be harder to enforce, as part of an ongoing crackdown on irregular migration.”
Klikactiv and ProAsyl, 10 FebruaryNew developments on the Balkan refugee route: Illegal push backs from Romania to Serbia
New report analyses cases with testimonies describing push-backs of 3700 people on the move between July 2020 & November 202
Atlatszo, 10 FebruaryHungary: Covert intelligence methods used to support PM Orban’s smear campaign against NGOs
“Leading pro-government daily newspaper Magyar Nemzet’s online news site has published several video clips presenting them as exposés last week. The paper quotes the words of journalists, experts and political analysts working in the non-profit sector as if they were supporting Fidesz’s conspiracy theories. Among other things, they talk about Brussels’ double standards towards Hungary, the influence of foreign powers on NGOs, the influencing of journalists reporting on Hungary, and the mobilisation of international public opinion against Hungary. The interviewees were approached by persons who were subsequently found to claim fictitious identities”
JCWI, 10 FebruaryWhat is happening with the Borders Bill?
“MPs may choose to throw out changes made in the Lords, or debate them further. The House of Lords has very strong objections to numerous parts including offshore detention provisions”
UK Home Office, 9 February 2022Home Secretary meeting with ‘Five Countries’ counterparts
“Home Secretary Priti Patel yesterday evening discuss-ed a variety of issues in her portfolio relating to Afghanistan in a virtual meeting with counterparts from the ‘Five Countries’ alliance comprising the US, Canada, Australia and New Zealand.”
The Outlaw Ocean, 9 FebruaryIs the U.N.’s Maritime Organization Facilitating Crimes at Sea?
In 2020 @yashamac1 & Statewatch circulated a letter signed by 67 organisations +>200 individual experts urging IMO to revoke recognition of Libyan #SearchAndRescue zone. Outlaw Ocean Project asks: Is the UN Maritime Organization Facilitating Crimes at Sea?
EU Observer, 9 FebruaryFrance under EU pressure for surveillance sales to Egypt
“The European Commission has asked France whether it authorised the sale of cyber-surveillance tech to Egypt — a country where reports of repression have become commonplace”
BBC News, 9 FebruaryOrmeau Road attack: Police ‘collusive behaviour’ in murders
“Report finds 11 murdered citizens & their families were systemically failed by the British state in life & death...It is a damning report that is undiluted evidence of policy of collusion”
The Dissenter, 9 FebruaryUK Official Secrets Act Proposals Take Cues From US Espionage Act Cases
“The United Kingdom’s right-wing dominated government is on course to greatly expand its ability to prosecute and jail whistleblowers and journalists through amendments to the country's Official Secrets Acts.”
The Independent, 9 FebruaryConvictions quashed for asylum seekers wrongly jailed for steering dinghies across Channel
“same ‘error of law’ was seen in 12 cases quashed so far, as more asylum seekers fight convictions. More asylum seekers are believed to have been wrongly convicted”
InfoMigrants, 8 FebruaryItaly: Rights groups sound alarm over ‘Green Pass Paradox’ for undocumented migrants
“ASGI has sounded alarm over new rules requiring those accessing public offices to have a Green pass. This could compromise migrants' potential to seek asylum”
The Guardian, 8 FebruaryIn limbo: the refugees left on the Belarusian-Polish border – a photo essay
“Asylum seekers stranded in Bruzgi are clinging to the hope that Europe will rescue them, sooner or later.”
Balkan Insight, 8 FebruaryEU Faces Uphill Task, Regulating Big Tech’s ‘Wild West’
“While few can ignore the benefits of technology, its monetization & domination by a handful of large companies has led to an internet rampant with manipulation, abuse & pervasive tracking”
EU Observer, 8 FebruaryBrussels in push for more oversight over troubled EU border agency
“The suggestion amounts to an admission that accountability is falling short. But it may also be a way to deflect criticism of an agency that could soon take on heavier duties”
EU Observer, 8 FebruaryThe sixth AU-EU summit: partners in therapy?
“But while the EU seems rather optimistic, the African side reacts much more cautiously. The water between both sides of the Mediterranean is still deep”
Stop Wapenhandel, 7 FebruaryArms industry gets its much-wanted permanent dialogue with the European Commission
“Last year European Commissioner for Defence Industry and Space Thierry Breton set up the ‘Commission expert group on Policies & Programmes relevant to EU Space, Defence and Aeronautics Industry’, bringing together representatives of 59 large European arms companies, research industries and military industry organisations. With this the longstanding wish of the arms industry to start a permanent dialogue with the Commission has been granted, building on years of increasing influence on EU policies.”
AP News, 6 FebruaryMarchers in Athens protest reported Greek migrant pushbacks
“Hundreds marched through Athens on Sunday to protest Greece’s pushbacks at the border with Turkey. Marchers carried an inflatable dinghy and a banner saying “Stop pushbacks, stop border violence””
EuroMed Rights, 4 FebruaryGlobal Day to remember dead and missing migrants at borders
“Ahead of Global Day of Struggle against Deaths at Borders 6 February, CommemorAction Day denounced how many died, went missing or disappeared at borders trying to reach Europe”
The Independent, 3 February‘Once-in-a-generation’ amnesty for undocumented migrants begins in Ireland
People who have been living in Ireland illegally for at least four years, including those with an existing deportation order, will be allowed to apply
EU Observer, 3 FebruaryFrontex chief took €8,500 private flight to Brussels meeting
“expense poses new questions about operations at EU's most funded agency, which in the past billed EU taxpayer €94,000 for a dinner at the Belvedere restaurant, Warsaw”
HUDOC, European Court of Human Rights, 3 FebruarySystemic dysfunction in judicial appointments procedure in Poland
“Civil Chamber of the Supreme Court consisting of newly appointed judges is not an “independent and impartial tribunal established by law””
Heinrich Böll Stiftung, 1 FebruaryOn the radar – How civil society work is under threat in Greece
“Civil society players have been working hard for years to safeguard the fundamental rights of people seeking asylum in Europe. This has made them the target of an aggressive policy of deterrence, endangering both refugees and solidarity work itself.”
The Independent, 1 FebruaryFears Afghans in ‘desperate need’ will miss out as one-third of resettlement places filled by people already in UK
“A third of the places promised to rehome Afghans fleeing the Taliban in the UK have been given to people who were already in Britain – prompting fears that many still in Afghanistan will no longer be able to reach safety.”
European Ombudsman, 31 JanuaryDecision on the refusal by the European Border and Coast Guard Agency (Frontex) to give public access to documents concerning a search and rescue operation (case 1610/2021/MIG)
“The Ombudsman closed the inquiry finding no maladministration and commending Frontex for having agreed to her suggestion.”
The Independent, 31 JanuaryPriti Patel ‘misleading’ public by calling Channel crossings illegal after court rules asylum seekers not committing crime
“Home secretary and ministers have continued to call crossings ‘illegal’ in parliament despite ruling”
Euractiv, 31 JanuaryAmnesty slams five years of EU-Libya migrant deal
“An EU-Libya deal under which migrants desperate to reach Europe are turned back and held in “hellish” conditions must be ended, Amnesty International said on the pact’s fifth anniversary”
EU Observer, 28 JanuaryVon der Leyen slammed for not revealing Pfizer CEO texts
“European Ombudsman has criticised the European Commission for its handling of a request for access to text messages between president Ursula von der Leyen & Pfizer CEO Albert Bourla”
The Conversation, 28 JanuaryLack of data on citizenship-stripping goes against the Home Office’s duty of transparency
“A group of lawyers found that at least 464 people have had their citizenship removed by the government over the last 15 years.”
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