Statewatch News
19 January (Issue 01/23, also available as a PDF)Like us on Facebook | Follow us on Twitter and Mastodon
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In this edition
Welcome to the first edition of Statewatch News for 2023, and a belated happy new year from all of us at Statewatch!
In this edition:
- Deportation Union: undermining democracy, costing millions
- EU to provide training on “covert techniques” to abusive police forces
- Events: the problem(s) with Europol, archive open day
We also have news on a new UK crackdown on people found to be transporting “clandestine entrants”, a report on policing at the French-Italian border, the “state of play” of the EU’s New Pact on Migration and Asylum, and leaked versions of forthcoming legislation on digital information exchange in terrorism cases and a new collaboration platform for law enforcement Joint Investigation Teams.
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Deportation Union: undermining democracy, costing millions
In April last year, the European Commission admitted that it preferred to sign deportation deals with third countries in secret, to keep them away from the eyes of the public and elected representatives.
Readmission agreements are formal agreements between states that govern the acceptance of deportees, and in the EU they require the consent of the European Parliament to pass into law. In recent years, the Commission and Council have shifted towards informal readmission “arrangements”, sidelining the need for democratic scrutiny.
In April, the Commission circulated a “non-paper” outlining a new “Strategic Approach” to readmission agreements and arrangements, which says readmission arrangements are preferred over agreements due to the “possibility to keep the arrangement confidential.”
The non-paper says that “the perception of returns and returnees in the public opinion and society, can all have an influence on the quality of cooperation" between the EU, its member states and third countries.
In short, people – in particular in destination states – are often extremely unhappy about the deportation of their fellow citizens from the EU, a factor which often prevents their governments from cooperating as fully as the EU would like. The EU’s solution? Cut deals in secret, without any of that troublesome democratic oversight or scrutiny.
Last week we also published a new series of visualisations showing the growing role of Frontex in deportations since the early days of the agency, in 2006. Amongst other things, these show that the agency spent almost €274 million on deportation operations between 2006 and 2021, and that Germany is by far the most enthusiastic user of Frontex’s deportation services.
The agency’s budget for removal operations is set to skyrocket in the coming years, as we outlined in our 2020 report, Deportation Union. The Commission initially proposed a budget of over €250 million annually from 2023 onwards, although the final figures remain to be seen.
Whatever the final amounts, the issue of Frontex’s role in forced and ‘voluntary’ removals is set to grow, and is deserving of the same kind of scrutiny that has gone to its role in the EU’s violent border control operations. You can contribute to that scrutiny – support our work with a donation.
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EU to provide training on “covert techniques” to abusive police forces
The European Police College, an EU agency based in Budapest, plans to train a host of states with miserable human rights records on the use of “covert techniques in forensics and mobile telecommunications” and “activities related to cyber-attacks.”
Countries that are due to receive the training on “covert techniques” include states that have not exactly received glowing write-ups recent Human Rights Watch World Report 2022.
They include Armenia, where “torture and ill-treatment in custody remains a problem and it is often perpetrated with impunity”; Azerbaijan, where maltreatment in custody is “rampant” and “the practice continued with impunity” throughout 2022; and Georgia, where the government is cracking down on protest rights and thousands of leaked documents on the Georgian clergy, allegedly obtained via “illegal surveillance and wiretapping” were recently-published.
The Azerbaijani authorities already seem to have significant experience in the use of “covert techniques” – it was revealed last year that they had used the notorious Pegasus surveillance software, which infects an individual’s mobile phone, to spy on more than 1,000 political activists and journalists.
The plans have emerged just weeks after the European Ombudsman condemned the European Commission for failing to assess the human rights risks of offering surveillance equipment and training to a range of countries in Africa for border control purposes.
The Police College will also offer “training activities related to cyber-attacks” to countries across the Middle East and North Africa, including Libya, Egypt and Algeria.
The document we obtained contains few details on what this will entail, but says the aim is “to build capacities for law enforcement, judicial authorities and other relevant bodies.”
When the executive director of Europol, the EU’s police cooperation agency, was questioned last year in the European Parliament about the human rights risks of cooperating with Libyan authorities, she essentially dodged the question. If that attitude is reflected in the Police College’s approach, then clearly some more substantive scrutiny is required.
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Events: the problem(s) with Europol, archive open day
Next week we will be at Privacy Camp 2023 in Brussels to host a workshop looking at Europol, civil liberties and human rights. Registrations for the event closed yesterday, but if you can’t join us, don’t forget to look at our report on Europol from last November.
We found that while the agency's tasks and powers have been hugely-expanded, in particular with regard to acquiring and processing data, independent data protection oversight of the agency has been substantially reduced.
In light of this, our workshop next week aims to explore ways of ensuring transparency, scrutiny and accountability for this increasingly-powerful agency. If that’s something that concerns you, feel free to get in touch with your thoughts and ideas on the issue – or indeed on any other aspect of our work.
If you’re able, you can also become a Friend of Statewatch to help us continue our work of monitoring, exposing and analysing the powers, plans and practices of the EU’s justice and home affairs agencies.
If you’re in London this Saturday (21 January), you can visit the Statewatch Library & Archive, as part of the MayDay Rooms Archive Open Day.
The Statewatch Library & Archive is a collection of material on civil liberties and state power: policing; racism and anti-racism; the security and intelligence agencies; immigration, asylum and borders; surveillance; and much more.
- Nearly 800 books and paperbacks – including classic historical sources
- Over 2,500 pamphlets (“grey literature”) on political and social struggles and movements
- EU documents: over 1,000 hard copy documents and reports from the pre-web era
- ABC Case Archive donated by Crispin Aubrey’s family – 70+ files
- Special Collection: currently has 45+ large, unique subject files
- Journals: complete and partial runs of 60+ publications
- 365+ political badges
Find out more and book your free place at the open day here.
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News
19 January
Every driver a border guard: 500% increase in fines for carrying “clandestine entrants” into the UK
As part of the controversial package of reforms in the Nationality and Borders Act 2022, the UK government plans to toughen up penalties in the Clandestine Entrant Civil Penalty Scheme, with one type of fine set to increase by up to 500%.
Press release published by Tous Migrants, 18 January 2023. A new report exposes and denounces abusive practices by border police in the Briançon area.
17 JanuaryEU to provide training on “covert techniques” to abusive police forces
The European Police College is to train a host of states with miserable human rights records on the use of “covert techniques in forensics and mobile telecommunications” and will provide “training activities related to cyber-attacks in order to build capacities for law enforcement, judicial authorities and other relevant bodies.”
11 JanuaryEU: Democracy as a problem for deportations
In a "non-paper" circulated last April, the European Commission admitted that informal readmission arrangements are preferred to formal readmission agreements for a number of reasons - including the "possibility to keep the arrangement confidential."
9 JanuaryEU: Tracking the Pact: Civil-military "synergies" for external migration control
In early December the Czech Presidency of the Council circulated a note on the "state of play" of the EU's various asylum and migration initiatives, intended to inform member state delegations in the Committee of Permanent Representatives (COREPER). It is essentially a brief summary of work under the outgoing Czech Presidency. According to the note, this included the exploration of possible civil-military "synergies" in externalised migration control, through a meeting of the Council's External Migration Working Party with representatives of EUCAP Sahel Niger and EUBAM Libya.
5 JanuaryEU: Digital information exchange in terrorism cases
The text for the Regulation on digital information exchange in terrorism cases, as provisionally agreed during secret trilogues in December, and an associated note.
05 JanuaryEU: Collaboration platform for Joint Investigation Teams
The text for the Regulation establishing a collaboration platform to support the functioning of Joint Investigation Teams, as provisionally-agreed during secret trilogues in December, and associated documents.
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New material
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- Asylum, immigration and borders
- Civil liberties
- Law
- Policing
- Prisons
- Privacy and data protection
- Racism and discrimination
- Secrecy and transparency
- Surveillance
Asylum, immigration and borders
Pro Asyl 19 JanuaryLandmark court ruling on 2013 shipwreck: Italian coast guard and navy responsible for deaths of 268 refugees
Court of Rome ruling on the shipwreck of 11 October 2013: Italian coast guard and navy are responsible for the death of 268 refugees due to failure to provide assistance. The court confirms once again: People in distress at sea must always be rescued from drowning!
The Guardian 19 JanuaryUK accused of abandoning 38 people adrift in Channel
French coastguards claim British rescue services said they would help people in dinghy but failed to do so.
Alarm Phone, 19 JanuaryAlarm Phone: Central Mediterranean Analysis, 1 July to 31 December 2022
In this analysis, Alarm Phone reflects on developments that have occurred over the last six months of 2022 in the central Mediterranean area
Lighthouse Reports, 18 January
From a Lighthouse Reports and partners investigation, new data and evidence on illegal returns from Italy to Greece.
"While tourists on ferries are sipping from their sundowners, people - including children - are chained & locked up below decks in dark places".
Al Jazeera, 17 JanuaryNGOs lament 'human cost' of Italy’s push to curb refugee arrivals
New legislation to curb undocumented migration to Italy slammed by search-and-rescue organisations working on the Mediterranean who say the move will increase deaths in the region.
Guardian, 13 JanuaryThe Guardian view on European migration policy: a cruel myopic shambles
After listing a series of rights abuses and unlawful practices that have become commonplace, this editorial laments that the Swedish presidency is unlikely to focus on "the case for proper legal routes for migration, and far greater economic assistance delivered beyond Europe’s borders".
DutchNews, 13 JanuaryThe Netherlands readies for new EU border check system
"All non-EU nationals arriving and leaving the Schengen area will be registered under a new border-check system that will be introduced in May." Third Country Nationals including those from which visa-free travel is allowed will need digital travel authorisations.
Migreurop, 12 January6 February 2023: Migration is a Right!
A Global Day of Struggle against the regime of death at our borders and to demand truth, justice and reparations for migration victims and their families.
Call to organize protests and awareness raising actions.
“In February 2020, activist and relatives came together in Oujda, Morocco, to organize the first major Commemor-Action. In this event, we chose the symbolic date of February 6th, date of the Tarajal massacre, to organize worldwide demonstrations against the militarization of borders, and in support of the freedom to migrate.
In September, 2022, we came together in Zarzis, Tunisia, for the second major Commemor-Action and reiterated our commitment to mark February 6th as a day to combine the voices of many organizations fighting every day to denounce deadly border regimes and to demand truth, justice, and reparations for migrants’ victims and for their families.
We call on all social and political, secular and religious organizations, groups and collectives of families of migration victims, and citizens of all countries of the world to organize protests and awareness raising actions on 6th February, 2023.”
Irish Examiner, 11 JanuaryIreland: Gardaí assess risk from planned 'anti-refugee' protests
“Gardaí are conducting risk assessments for what threatens to be an escalation in 'anti-refugee' agitation on Thursday with protests planned across Dublin.
Gardaí are tracking the activities of individuals and groups who might be seeking to exploit or direct local protests for their own ends.”
UK Home Office, 10 JanuaryBiological methods to assess unaccompanied asylum-seeking children’s age
“Report by the interim Age Estimation Science Advisory Committee (AESAC) on scientific methodologies for assessing the age of unaccompanied asylum-seeking children.”
Corporate Watch, 6 JanuaryUK: AIR PARTNER: THE HOME OFFICE’S LITTLE-KNOWN DEPORTATION FIXER
“Air Partner and Carlson Wagonlit are the grease spinning the wheels of the UK deportation machine, organising logistics for mass-deportation flights for years.
International travel megacorp Carlson Wagonlit Travel (CWT) holds a £5.7 million, seven-year contract with the Home Office for the “provision of travel services for immigration purposes”, as it has done for nearly two decades. However, a key part of its work – the chartering of aircraft and crew to carry out the deportations – has been subcontracted to a little-known aviation charter outfit called Air Partner.”
In 2020 we described a €10m contract with Frontex of which Air Partner was a part as "a sort of ‘deportation auction’." See: Deportation Union
Amnesty, 5 JanuaryGreece: ‘Farcical’ trial of rescue volunteers begins next week
“Ahead of the trial on 10 January of rescue workers Seán Binder and Sarah Mardini, Amnesty International is renewing its calls to the Greek authorities to drop all charges against them. Seán, a trained rescue diver, and Sarah, a Syrian refugee and activist whose story inspired the Netflix film The Swimmers, stand trial together with 22 others from the search and rescue NGO that they volunteered for. They are facing unfair, baseless charges simply for helping refugees and migrants at risk of drowning at sea.”
On 13 January, the prosecutor recommended that the charges be dropped.
borderline-europe, 9 JanuaryItaly: As Long As You Can Still Listen: The Criminalization of Migrant Boat Drivers in 2022
In 2022, @BorderlineEurop and @arciporcorosso counted the arrests of 264 people following migrant landings. This report tracks what happened over the year in Italy.
Sky News, 1 JanuaryRecord number of people cross Channel to UK in small boats in 2022 - as arrivals soar by 60% in a year
“The figures, based on provisional data released daily and weekly by the government, show a sharp rise in the number of arrivals last year, a continuation of a years-long trend that shows no signs of stopping.
At least 45,728 people are believed to have crossed the Channel to the UK in small boats in 2022, an increase of more than 17,000 on the 28,526 who arrived in 2021.
Figures released by the government on New Year's Day were very similar, with the final number being confirmed as 45,756.”
Frontex, 23 DecemberUK-EU: Frontex surveillance aircraft deployed in JO Opal Coast
“This week, Frontex has deployed the Frontex surveillance aircraft (FSA) to support France and Belgium in patrolling their coastline. The agency helps the national authorities detect unauthorised border crossings towards the United Kingdom, dismantle criminal activities such as migrants smuggling, prevent people from putting lives at risk as well as support in Search and Rescue activities.”
CJEU, 22 DecemberDanish law on family reunification unlawful
In December, the CJEU ruled that a Danish law making it possible for a spouse to join her husband in Denmark dependent on the husband's language skills is unlawful.
Civil liberties
EurActiv, 17 JanuaryUS obtains exclusion of NGOs from drafting AI treaty
CSOs excluded from drafting of a CoE Convention on Artificial Intelligence focusing on human rights, democracy and the rule of law after request from the USA for state positions not to be made public.
Liberty, 16 JanuaryUK: Proposed new police powers to arrest protesters that might cause disruption must be resisted
Liberty Director Martha Spurrier describes proposals as "a desperate attempt to shut down any route for ordinary people to make their voices heard."
EurActiv, 10 JanuaryEU: AI Act: MEPs want fundamental rights assessments, obligations for high-risk users
New compromise amendments circulated by the AI ACT co-rapporteurs on how to conduct fundamental rights impact assessments and obligations for high-risk system users.
The Guardian, 5 JanuaryUK: Labour conscription on the cards under new anti-strike legislation
Union members could be sacked if they do not meet proposed "minimum service levels" in certain public sector jobs
Law
London Review of Books, 19 JanuaryUK: At the Deportation Tribunal
Article on deportation cases by Luke de Noronha, with a focus on Jamaica.
"Deportation policies make much of the idea that law-abiding citizens are threatened by outsiders and interlopers. This doesn’t correspond to reality."
Guardian, 17 JanuaryUK: Donelan confirms stiffer online safety measures after backbench pressure
Footage showing people crossing the Channel in small boats in a positive light will be added to a list of illegal content that tech platforms must prevent from reaching users.
EU Law Live, 13 JanuaryFundamental rights risks and policy implications of externalizing EU data-driven frontiers: a few notes on a recent decision of the European Ombudsman
On the problem of outsourcing EU border surveillance duties to third countries in the light of the recent Ombudsman’s decision.
Security Architectures in the EU, 2 JanuarySea rescue: Italy is breaking international law
“The Italian government coalition under the right-wing extremist Prime Minister Giorgia Meloni has tightened the requirements for private sea rescuers. Their ships are to head for a port immediately after rescuing people, without providing assistance to further sea emergencies. This is stipulated in a decree of 28 December, which provides for fines of up to 50,000 euros.
(…)
Sea rescuers criticise the law as illegal. According to international law, captains are always obliged to rescue, the Berlin-based organisation Sea-Watch reminds in a statement. The new decree is therefore ‘an invitation to drown’. Many of the organisations in question operate their ships under the German flag, including Sea-Watch, Sea-Eye and SOS Humanity.”
Policing
Sky News, 19 JanuaryUK: Every police officer to be checked and urgent review into vetting after case of rapist PC David Carrick
David Carrick was identified as one of Britain's most prolific sex offenders after admitting to dozens of rapes and sexual offences over 18 years. The government has vowed to do "whatever it takes" to stamp out "misogyny and predatory behaviour" in the police.
Ideal, 12 JanuarySpain: El Gobierno reconoce por primera vez a las víctimas del 'Caso Almería'
Spain: Government recognises victims of the 1981 "Almeria Case", when three men, Luis Cobo Mier, Juan Mañas Morales and Luis Montero García, were mistaken for terrorists and arrested by the Guardia Civil. Their dead bodies were found on the next day.
The Independent, 3 JanuaryUK: ‘He needed help’: Family of Black man who died after restraint by police speak out
“The family of a vulnerable Black man who died after being arrested and restrained during a mental health crisis have spoken out about his death.
(…)
The father of two had fled the flat he was sharing with his partner, experiencing a psychotic episode and expressing “paranoid thoughts”, his family said. Osei himself called the police while care home staff also rang 999.
Up to seven officers from Devon and Cornwall Police arrived at about 2.30am and arrested Osei before paramedics were called at 2.49am. Osei died a short time afterwards.”
The Guardian, 16 JanuaryUK: Nearly 1,000 police officers operating in UK schools, figures show
Analysis shows police more likely to be in schools with higher numbers of pupils of colour and those eligible for free meals
Full report by the Runnymede Trust: Over-policed and under protected: the road to Safer Schools: “Safer Schools Officers (SSOs) fail to support a safer school environment, particularly for Black and ethnic minority children who are already over-policed and under-protected.
Freedom of Information requests made by the Runnymede Trust of 45 police forces show that there are 979 police officers operating in UK schools. This reveals that the full scope of police presence in schools is 43% greater than previous figures have suggested.
The placing of police in schools is far from new. The Statewatch Library & Archive has a substantial amount of material on the topic, largely from the 1980s.
Security Architectures in the EU, 20 DecemberGerman Constitutional Court hears case on automated data analysis by the police
“Is a company allowed to use technical tools on behalf of the police to create a profile of people and determine their supposed dangerousness? Is this a „data mining“ and is it also in line with fundamental rights to prevent dangers? On Tuesday, the Federal Constitutional Court in Karlsruhe heard a case on this issue. It was preceded by two constitutional complaints filed by the Society for Civil Liberties (Gesellschaft für Freiheitsrechte e.V., GFF) and other civil rights organisations against police laws in Hesse and Hamburg.”
Prisons
Irish Legal News, 5 JanuaryNorthern Ireland courts to hear challenge to use of solitary confinement
“Northern Ireland’s High Court has granted leave for a prisoner’s judicial review of restrictions likened to solitary confinement imposed on inmates returning from compassionate temporary release.”
Statewatch, 11 January
Today marks the 21st anniversary of the opening of the Guantánamo Bay prison camp.
35 people are still detained there.
The facility needs to be closed.
Two years ago, seven former detainees set out a plan on how to do so.
Privacy and data protection
Euractiv, 19 JanuaryGermany’s position on the data act
Berlin wants more clarity on how the new data law will interact with data protection rules, differentiating between B2B and B2C data sharing, rethinking the gatekeepers’ exclusion, and making egress fees subject to contractual arrangements.
Biometric Update, 17 JanuaryEU Data Protection Supervisor warns on migrant privacy rights
“The European Union’s data protection supervisor (EDPS), Wojciech Wiewiórowski, has recently revealed that European institutions and bodies often afford limited privacy and data protection to asylum seekers.”
EDRI, 17 JanuaryLooking back at 2022: Protecting and advancing digital rights in times of crisis
“In moments where we should be urgently tackling the climate crisis and working towards peace and justice worldwide, state funds and efforts seem to reinforce militarisation, fuel the climate crises and injustice. In response to increased surveillance and control practices coming from governments and private companies, EDRi members and partners have put forward a vision in which people live with dignity and vitality.
What have we collectively achieved in 2022?”
Wired, 5 JanuaryThe Slow Death of Surveillance Capitalism Has Begun
“Surveillance capitalism just got a kicking. In an ultimatum, the European Union has demanded that Meta reform its approach to personalized advertising—a seemingly unremarkable regulatory ruling that could have profound consequences for a company that has grown impressively rich by, as Mark Zuckerberg once put it, running ads.”
Irish Times, 5 JanuaryData Protection Commission tries to make victory of its U-turn on Facebook and Instagram
“They say that God loves a trier. If so, he has special love for Ireland’s Data Protection Commission (DPC).
In a 1,600-word press release on Wednesday, concluding investigations against Facebook and Instagram, the DPC implied it had won a battle.
The opposite is the case. Its ruling on Wednesday was another low point in data protection regulation for 450 million EU citizens.”
CNIL, 4 JanuaryFrance: Advertising ID: APPLE DISTRIBUTION INTERNATIONAL fined 8 million euros
“On 29 December 2022, the CNIL's restricted committee imposed an administrative fine of 8 million euros on the company APPLE DISTRIBUTION INTERNATIONAL because it did not collect the consent of iPhone's French users (iOS 14.6 version) before depositing and/or writing identifiers used for advertising purposes on their terminals.”
Open Rights Group, 4 JanuaryDATA SHARING AND MIGRANT WOMEN REPORTING ABUSE
“On 9 December 2022, The Wales Cross Party Group on Digital Rights and Democracy, of which Open Rights Group is the secretariat, held its second session, this time held on data sharing and migrant women reporting domestic abuse.”
Racism and discrimination
Eticas, 24 DecemberEXTERNAL AUDIT: Portrayal of Migrants on YouTube
“The video platform perpetuates a dehumanizing image of migrants, and its recommender system rewards xenophobic narratives, which feeds back into a context of a rising far right political discourse.”
Secrecy and transparency
EU Ombudsman, 19 JanuaryOmbudsman launches guide on access to EU documents
“The Ombudsman has launched a guide on access to EU documents to help raise awareness and understanding about the public’s rights in this area.
Drawn up by experts in the European Ombudsman office, the guide answers basic questions about who can make access requests and what kind of documents are covered by the EU law, through to more complex ones on how the rules have been interpreted by the courts and the Ombudsman.”
Surveillance
Access Now, 19 JanuaryIs the EU protecting people from Pegasus spyware?
“Spyware is an extremely invasive surveillance tool and a global threat to human rights and democracy. Since the initial Pegasus Project revelations, we’ve learned that governments and private actors in over 46 countries worldwide, including EU member states, have used invasive spyware to target and silence journalists, human rights defenders, political opponents, and dissidents.
Scandals involving European governments should have been a wake-up call for European institutions. Yet so far, they have taken very little action to prevent future abuses of power and to protect people from the harmful impact of such surveillance tools.”
Euractiv, 19 JanuaryGreek wiretapping scandal: EU rule of law under threat
“This week on the Beyond the Byline podcast, we take a deep dive into the latest developments on the Greek spyware scandal, and the response – or lack of – from the European Commission and the European Council.”
White House, 10 JanuaryDeclaration of North America (DNA)
US, Mexico and Canada agree to work together on travel surveillance:
“We also are taking a consistent approach to the collection, use, processing, retention, and protection of Passenger Name Record (PNR) data to strengthen our shared security perimeter and the safety of our citizens, including advocating for the global adoption of standards and recommended practices of the International Civil Aviation Organization on PNR data.”
EUobserver, 6 JanuaryExpansion of data-collection is eroding EU values and rights
“Wojciech Wiewiórowski is a 51-year old Polish national whose job as the EU's data protection supervisor (EDPS) is to ensure that European institutions and bodies respect peoples' right to privacy and data-protection. Yet those rights are regularly denied to thousands of people seeking asylum in the EU, he warns.”
EurActiv, 4 JanuaryPrivacy watchdog to scrutinise telecoms companies over ‘Greek Watergate’
“The Hellenic Authority for Communication Security and Privacy (ADAE) has decided to check the records of telecommunications providers for surveillance requests made by Greek secret services.
The decision came following a EURACTIV report which shook Greece’s political scene after it was found that another politician and journalist were under surveillance.”
EUobserver, 2 JanuarySpyware scandals in Europe are 'much worse than Watergate'
“Electronic spying on citizens isn't the preserve of autocratic states alone. Journalists and politicians are also being spied on by several European governments, including Spain, Greece, Hungary and Poland, according to Sophie in 't Veld MEP, rapporteur of the European Parliament's PEGA-committee.”
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