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zaterdag 9 april 2022

#WORLD #WORLDWIDE #UK #EU #STATEWATCH #News #Journal #Update - Issue 05/22: Easing police use of AI; Spain deports whistleblower; Europe's "two-speed hospitality"

 Statewatch News

7 April 2022 (Issue 05/22, also available as a PDF)

www.statewatch.org

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Welcome to our latest edition, featuring:

  • Plan to ease EU police use of “artificial intelligence” technologies

  • Spain deports whistleblower at risk of torture in breach of international obligations

  • Welcoming Ukranian refugees is vital, but highlights Europe’s “two-speed hospitality”

We also have features on an updated action plan on EU support to Tunisia for migration and border control, and a plan to ease cross-border police operations.

And, don’t forget to check out our extensive roundup of news from across Europe from the last fortnight.

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EU states seek to ease police use of AI

The French Presidency is aiming to loosen restrictions on police use of "artificial intelligence" technology, with a proposal circulated earlier this week to modify certain provisions in the Commission's proposal for an AI Act. The proposed changes would make it easier to deploy mass biometric surveillance technology in public, and significantly reduce the transparency obligations placed upon the authorities, amongst other things.

The news was first reported in EurActiv; we have published the official document containing the proposals here.

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Spain forsakes international obligations in appalling refoulement of Algerian whistleblower

Statewatch along with a number of other human rights organisations condemns the deportation from Spain to Algeria of Mohamed Benhalima, a human rights activist who faces a serious risk of torture and other ill-treatment, arbitrary detention and unfair trial in the North African state.

Behalima, a former army corporal, exposed corruption amongst high-ranking military officials in 2019 and subsequently fled to Spain, where he sought asylum. The Spanish authorities denied two asylum claims and have now deported him, claiming he took part in "activities contrary to public security or which may be harmful for Spanish relationships with foreign states".

Read the full statement here.

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Differential reception at European borders: on the racism of migration policies

The EU has, rightly, welcomed Ukrainian refugees with open arms, warm words and millions of euros in expenditure. But does this mean it has “decided to put an end to the war against migrants that it has conducted for more than 30 years? It does not seem likely,” says a statement published by Migreurop (of which Statewatch is a member) at the end of March.

“Although these recent initiatives must be welcomed - the fleeing Ukrainian population must absolutely be given hospitality - they reveal the hypocrisy of European policy and national policies that practice a two-speed hospitality by continuing to operate a selection between ‘good’ refugees and ‘bad’ migrants in order to exclude and deny rights to people from the global South.”

Read the full statement here.

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News

EU: AI Act: Plans to loosen controls on law enforcement use of artificial intelligence

EU: Tracking the Pact: Tunisia refuses cooperation with Frontex but will set up an "integrated border surveillance" system

Spain forsakes international obligations in appalling refoulement of Algerian whistleblower

EU: Police cooperation: officers to be allowed to cross borders without notifying the authorities?

 

News

The French Presidency is aiming to loosen restrictions on law enforcement use of "artificial intelligence" technology, with a proposal circulated earlier this week to modify certain provisions in the Commission's proposal. The proposed chnages would make it easier to deploy mass biometric surveillance technology in public, and significantly reduce the transparency obligations placed upon the authorities, amongst other things.

 

A revised version of the EU's plan for migration cooperation with Tunisia contains a number of updates to the previous versions. It is clear that the North African country, which is in the midst of a wave of protests and a democratic crisis, continues to refuse to cooperate with Frontex - but the provision of millions of euros for an "integrated border surveillance and coastal communication system" is still going ahead. More money is also being provided, with the aim of targeting "young Tunisians prone to migration”.

 

Statewatch along with a number of other human rights organisations condemns the deportation from Spain to Algeria of Mohamed Benhalima, a human rights activist who faces a serious risk of torture and other ill-treatment in the North African state.

 

A proposed Council Recommendation on operational police cooperation covers "cross-border actions" (such as "hot pursuit, surveillance, joint patrols") and "trans-national actions" (such as "the deployment of law enforcement officers in another Member State during touristic season or a mass-event"). It aims to ensure a uniform legal basis for cross-border law enforcement operations within the EU. The latest compromise text removes a requirement for member states to be notified when officers from another state are to cross into their territory as part of a joint operation.

The Roundup

Material we have shared on our Twitter and Facebook accounts in the last fortnight.

“General pays with his job after spies failed to predict Russia’s war — and that’s not their only blunder.”

 

“The refugees minister has slammed Boris Johnson’s plan to send asylum seekers to Rwanda for processing, insisting it will fail.

The prime minister hopes to strike a deal to pay millions of pounds to the east African country for “offshoring” applications, having been thwarted after approaches to other countries.”

 

“Four arrested after more than 1,000 officers swoop on homes of 50 suspects" - one of which is reported by Der Spiegel to be a non-commissioned officer in the German armed forces.

 

“The law enforcement aspect has been a sticking point throughout discussion...the French Presidency sent mixed signals about what it wanted to achieve"

 

“Britain’s flagship scheme for matching hosts with refugees is another of the government’s inflated promises – and equally empty”

 

“The EU Commission will launch a legal probe against Hungary which links EU funds to the respect of rule of law and could lead to financial penalties, commission president Ursula von der Leyen said on Tuesday (6 April) in the European Parliament.”

 

“While purporting to be a response to the Independent Human Rights Act Review (IHRAR), the government’s consultation far exceeds the independent review’s terms of reference, and many of its proposals lack a sound evidence base. The chair of the independent panel, Sir Peter Gross, has stated that the reforms are “not a response” to his report. IHRAR itself stemmed from a 2019 Conservative party manifesto commitment to simply ‘update’ the HRA – a far cry from the current ‘overhaul’.”

 

"deal aims at boosting the exchange of information between the two neighbouring countries and defining joint operations in the fight against serious crimes"

 

“Convicted murderer Graham Dwyer has won a significant victory at Europe’s top court in his challenge concerning the mobile phone metadata evidence used to convict him.

The European Court of Justice (CJEU) upheld Dwyer’s challenge to the legality of Ireland’s metadata regime as set out in some provisions of a 2011 law. Phone metadata played a key role in the securing Dwyer’s conviction in 2015 for the murder of childcare worker Elaine O’Hara in 2012.”

 

“Ukrainian authorities should immediately release migrants and asylum seekers detained due to their migration status and allow them to reach safety in Poland.”

 

-        "Peers find fault with many aspects of nationality and borders bill, in particular proposal to divide refugees into classes"

-        "ministers could be forced to make concessions if they are to ease the bill through the second chamber"

 

European Centre for Constitutional and Human Rights, 4 AprilItaly’s responsibility in deadly US drone strike in Libya

"The US airstrike near Ubari in Libya killed eleven innocent members of the Tuareg community and, according to our joint investigation, was carried out from Sigonella."

 

"The new camp’s location is concerning as it will be in a Natura Forest area and close to the island’s landfill."

 

Politico Europe, 4 AprilElections: Conservative victories in both Hungary and Serbia:

-        Orbán win sets stage for more EU battles on democracy and Russia

-        Serbia’s Aleksandar Vučić cruises to reelection

 

Coverage in French of the Swiss referendum on an increase in contribution to Frontex. On 15 May, the Swiss people will vote on the issue.

 

Frontex-INTERPOL Electronic Library Document System (FIELDS) will display original travel documents & main forgeries detected on types of document to "support immediate operational decision making"

 

“Two of the volunteers arrested near the Belarusian border had previously volunteered at the Ukrainian border without interference.”

 

"Anti-feminism is not merely a gateway to far-right thought – fused with racism, it is an integral part of far-right ideology."

 

“With silent SMS, cell site analysis and IMSI catchers, German authorities can pinpoint the location of a mobile device to within a few metres. Now there are numbers of deployments for 2021.

“Tunisians – who make up more than 70% of migrants deported from Italy – often lack access to legal representation and face inhumane living conditions at pre-deportation centers, according to a recent paper published by three advocacy groups.”

 

30 organisations express deep concern for the future of the children and refugees of the Eleonas shelter, in view of its imminent closure.

 

"Border and Coast guard’s discharge withheld due to failure to meet conditions set out in previous discharge and OLAF findings on misconduct"

 

“The Home Office has broken pledges to transform its culture and become more compassionate after the Windrush inquiry, according to a report that prompted warnings the scandal could be repeated.

Expressions of disappointment appear 13 times in the progress report published on Thursday by Wendy Williams, who was appointed to advise the Home Office on how to make changes.”

The report: Windrush Lessons Learned Review: progress update

 

“The atmosphere is tense: lies, fake news and toxic propaganda abound, and in the week before the election both sides are already accusing each other of electoral fraud. The reason for all this is that the stakes are especially high this time around. For the first time since winning a landslide 12 years ago, Orban’s Fidesz faces the real possibility of being dumped out of power. Yet analysts disagree how likely it is.”

 

Declassified, 31 MarchNorthern Ireland: HOW MI5 IS HELPING TO COVER UP SEXUAL ABUSE

“British governments have for decades sought to prevent a full inquiry into an horrifically abusive boys’ home in Belfast which helped promote their intelligence agenda.”

 

“Claim 540,000 refugees welcomed ‘misleading’ as most travelling on to other countries, say rights groups”

 

“Access Info has successfully defended the right of access to information in Malta, winning a court ruling from Malta’s Information and Data Protection Appeals Tribunal that all EU citizens have a right to submit information requests.”

 

“117 people have so far been charged by Kent and Essex police for blocking the M25 motorway, the port of Dover and other highways between September and November last year during Insulate Britain’s campaign of civil resistance. Currently, 146 charges of Causing a Public Nuisance, 137 charges of Wilful Obstruction of the Highway and 10 charges of Criminal Damage have been received, though it is likely these numbers will rise as we understand that further charges are still being issued. So far the 117 ordinary people from Insulate Britain have been summoned to at least 25 plea hearings at Crawley, Chelmsford and Stratford Magistrates Courts through April and May.”

 

“This FATF report analyses the money laundering and terrorist financing risks associated with migrant smuggling. While there has been an increase in migrant smuggling, many countries do not consider it a high-risk crime for money laundering and the associated financial flows are rarely investigated. “

 

“The Justice and Home Affairs Committee publishes its report Technology rules? The advent of new technologies in the justice system. The report explores the use of Artificial Intelligence (AI) and other advanced algorithmic tools in activities to discover, deter, rehabilitate, or punish people who breach the law in England and Wales. The report acknowledges the potential of these technologies but warns against the pace of their deployment and the absence of appropriate safeguards.”

 

Investigation outlines (in a useful video) how  European military policy has been  designed primarily to financially support the expansion of the European military industry.

 

“Germany wants a robust missile defense to deter Russia. Advocates point to Israel's success with Arrow 3 or Iron Dome systems. Critics say they would not work to deter a Russian attack.”

 

“The EU Settlement Scheme (EUSS), which gives EU citizens and their family members a new immigration status following the UK’s departure from the European Union, has had more than five million applicants since it opened fully in early 2019. Policy and public debate about the scheme have focused heavily on the June 2021 deadline and the substantial challenge of including everyone who needed to make an initial application by that date. But while the first EUSS deadline may have passed, the inclusion challenge is far from over. This is both because some people have not yet applied to the EUSS, which is still accepting late applications, but also because—crucially—more than two million people held only temporary, pre-settled status by the end of December 2021. These people need to apply to again if they want to become permanent residents with ‘settled status’ in the UK.”

 

“The Home Office runs more than 250 groups of software applications from a public-cloud environment provided by Amazon Web Services or Microsoft, a minister has revealed.”

 

“The dire situation of Ukrainian refugees must not detract attention from all those who risk death to flee their countries, Council of Europe special representative on migration and refugees Leyla Kayacik told ANSA in an interview. "The situation of those fleeing Ukraine is extremely serious, but this should not make us forget all the others who are fleeing their countries and who often die in the process," stressed Kayacik.”

 

“The interior ministry said Monday it welcomed announcements by several regional states that people who use the symbol will face legal action on the basis of a law that forbids the public approval of illegal acts.”

 

“British authorities must immediately explain the reason for their detention and questioning of journalist Martin Banks, and guarantee the protection of his journalistic sources, the Committee to Protect Journalists said Monday.

On February 26, U.K. border police at the Eurotunnel train terminal in Calais, France, detained Banks for about six hours as he tried to enter the U.K. with his family, confiscated his reporting equipment, and questioned him about his work, according to news reports first published last week and the journalist, who communicated with CPJ via email.”

 

“Eurojust supported the setting up of a joint investigation team (JIT) into alleged core international crimes committed in Ukraine. The responsible national authorities of Lithuania, Poland and Ukraine signed a JIT agreement on 25 March to enable the exchange of information and facilitate investigations into war crimes, crimes against humanity and other core crimes. Participation in the JIT may be extended to other EU Member States, third countries or other third parties in due course.”

 

European Centre for Press & Media Freedom, 28 MarchControlling the Message: Challenges for independent reporting in Greece

A report detailing the findings of an “online fact-finding mission to Greece.”

“The partner organisations conclude that challenges to the independence of the media and the safety of journalists are systemic in the country. While the problems are not unique, their intensity is highly problematic and sets it apart from most other EU Member States.

… news that is inconvenient or unflattering for the government, which includes reporting on serious human rights violations, does not get reported in many outlets. This creates a significant obstacle for the public’s access to information and, subsequently, their informed participation in the democratic process.”

 

“Two migrants drowned after their boat capsized and more than 200 others have been detained as they prepared to leave Morocco by sea, state news agency MAP reported Sunday (27 March).

The bodies of the two migrants washed up “after a boat capsized”, MAP reported, without giving further details.

Separately, Moroccan authorities arrested 236 migrants during operations on Friday and Saturday in the southern province of Tarfaya and the city of Laayoune — the main city in the disputed territory of Western Sahara.”

 

“Under the working arrangement, the agencies will exchange operational experience and may conduct joint capacity building and training related to Frontex’s use of aircraft in its surveillance activities. EASA will assist Frontex in the selection of best providers and equipment, as well as in monitoring the safety of the operations of Frontex aircraft, including unmanned aircraft.”

 

“Some facts upfront:

·       There is only a political announcement, not a text that can be analyzed. As far as noyb is informed, such a text does not exist yet and will take a couple of months to be drafted.

·       This is probably meant by an "agreement in principle": lawyers still have to find solutions to the problems raised by the Court of Justice (CJEU). So far no fully functioning solutions were delivered despite two years of discussions.

·       What noyb hears is that the US is not planning to change its surveillance laws, but only foreseen executive reassurances (using EU language like "proportionality"). It is unclear how this would remotely pass the test by the CJEU, as US surveillance was already held not to be "proportionate" by the CJEU. Previous agreements failed twice in this respect.”

 

“A newly-revealed Opinion of a European Commission review board about their own colleagues’ upcoming proposal for a ‘Legislation to effectively tackle child sexual abuse’ shows strong concerns with the legislative proposal. Leaked by French media outlet Contexte, and dated 15 February 2022, the Opinion confirms the fears EDRi and 39 other civil society groups recently raised about the proposal which could destroy the integrity of private online communications across the EU, and set a dangerous precedent for the world.”

“Czechia finally prohibited the use of netted cage beds in psychiatric hospitals from the beginning of this year, following a legislative amendment of the Czech Act on Healthcare Services. The ban comes after years-long efforts of Validity and its partners calling on the Government to end this practice. Various international bodies have repeatedly echoed our plea requiring a complete ban of netted cage-beds and calling their use torture and ill-treatment.”

 

Spain is due to restart deportations from the Canary Islands to Morocco, a year after Rabat put a halt to removals of people who had arrived on small boats, citing the pandemic.

Until the flights stopped, Spain was deporting around 80 people weekly.

 

International Commission of Jurists, June 2021Detention in the EU Pact proposals: Briefing paper

“This briefing focuses on the impact of the new proposals on immigration detention and deprivation of liberty, looking specifically into the proposed EU Screening Regulation and the border procedures that would be established by the amended Asylum Procedures Regulation proposal.”

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