Read the 100th issue of ICJ’s monthly newsletter on proposed and actual changes in counter-terrorism laws, policies and practices and their impact on human rights at the national, regional and international levels.
On the occasion of this 100th edition, we wish to thank our readers for their continued interest in this publication.
Throughout its sixty-three years of working to advance the rule of law and human rights, the ICJ has frequently engaged on national security counter-terrorism laws, policies and practices, and their relationship to human rights and the administration of justice. Twelve years ago, in reaction to a lack of availability and ineffective flow of information, the organization decided to start publishing this E-Bulletin, with a view to enabling better access to comparative experiences. Today, as borne out also by the contents of this edition, the response to persistent cycles of terrorist acts and counter-terrorism policies, laws and actions around the world remains fuelled by approaches not grounded in human rights and the rule of law.
In this context, we hope this E-Bulletin will continue to assist you in keeping up-to-date on domestic and international developments, allowing you to strategically address these issues in your work and research.
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AFRICA & MIDDLE EAST
Bahrain: Human rights organizations decry nationality stripping and deportation of human rights defenders
Egypt: Privacy International report exposes functioning of secret intelligence unit
Egypt: Justice Minister announces plan to amend anti-terrorism law
Kenya: Main suspect in terrorist attack sentenced to death
Saudi Arabia: Journalist sentenced to imprisonment by anti-terrorism court for series of Tweets
UAE: Prosecutor drops terrorism charges against Libyan businessmen
UAE: 38 persons convicted for ‘terrorism’ offences in closed-doors trial
AMERICAS
USA: President Obama issues plan to close Guantánamo detention centre
USA: Accused 9/11 conspirator asks military judge to halt proceedings until Guantánamo guards stop tormenting him
USA: Government attempts to compel Apple’s cooperation in iPhone encryption cases
USA: Court hears arguments for release of Senate torture report
USA: Court rules NSA surveillance case partially moot
Brazil: Adoption overly broad counter-terrorism law
ASIA & PACIFIC
China: Steep rise in prosecutions on state security and terrorism charges
Indonesia: ICJ criticizes proposed amendments to Anti Terrorism Law
South Korea: Parliament passes anti-terrorism law
EUROPE & COMMONWEALTH OF INDEPENDENT STATES
UK: Parliament votes in favour of Investigatory Powers Bill
UK: Investigatory Powers Tribunal rules hacking by intelligence services legal
France: Constitutional Council declares some measures under the state of emergency unconstitutional, validates others
France: Legislators effectively block controversial constitutional amendment to strip French citizenship of persons convicted for terrorism offences
France: National Assembly approves measures in fight against organized crime and terrorism and their financing
Italy: Strasbourg court finds numerous human rights violations in Abu Omar rendition
Sweden: Parliament votes in new anti-terrorism law
Turkey: Crackdown on critical voices as country confronts wave of terrorist attacks
Turkey: Trial of Cumhuriyet journalists starts behind closed doors
UNITED NATIONS & REGIONAL ORGANIZATIONS
UN: Special Rapporteur reports on violent extremism
UN: Special Rapporteur publishes first report on right to privacy
UN: Human Rights Council adopts resolution on terrorism and human rights
EU-US: Details released of EU-US Privacy Shield
EU: Directive on combatting terrorism
EU: Extraordinary meeting in response to Brussels attacks
Council of Europe: Closure of Secretary General’s inquiry into illegal CIA renditions
E-BULLETIN no. 100
AFRICA & MIDDLE EAST
Bahrain: Human rights organizations decry nationality stripping and deportation of human rights defenders
At the end of February and throughout March, human rights organizations have decried deportations by Bahraini authorities of Bahraini citizens who were stripped of their citizenship without due process and based on vague charges of damaging State security, rendering them stateless. The organizations stressed that these practices breached their right to nationality and that the deportation were at odds with the right to family life. According to Amnesty International and Human Rights Watch, in 2015, 208 Bahrainis were stripped of their citizenship by decision of the Ministry of Interior or by court judgment, including human rights defenders, political activists, journalists, doctors and religious scholars.
NGO Statement
NGO Statement
NGO Statement
Egypt: Privacy International report exposes functioning of secret intelligence unit
On 23 February, UK-based charity Privacy International in its new report, ‘The President’s Men? Inside the Technical Research Department, the secret player in Egypt’s intelligence infrastructure’, exposed the functioning of a secret unit that most likely sits within Egypt’s General Intelligence Service. The report documents the capabilities this unit has obtained from Western companies, including Nokia Siemens Network and Hacking Team, who sold it sophisticated mass surveillance technologies that allow it to carry out interception of telecommunications networks. Privacy International affirmed, based on its research, that the “establishment and continued existence of a secretive intelligence unit such as the TRD is consistent with a wider pattern of political repression by unaccountable security services.”
NGO ReportEgypt: Justice Minister announces plan to amend anti-terrorism law
On 29 February, during a visit to Kuwait aimed at holding bilateral discussions regarding anti-terrorism cooperation between the two countries, Egypt’s Justice Minister Ahmed al-Zend proposed to amend the country’s anti-terrorism law in order to allow the prosecution as accomplices of parents or guardians of young persons who join a terrorist organization, according to press reports. Reportedly, the law is aimed at curbing recruitment of young persons in ‘terrorist’ organizations. Al-Zend said the proposed amendments to Egypt’s law would be followed by similar changes in Kuwait.
Press Article Press Article NGO Statement
Kenya: Main suspect in terrorist attack sentenced to death
On 10 March, the High Court of Kenya sentenced Thabit Yahya Jamaldin to the death penalty, having found him guilty of the murder of Mary Chepterim, the security guard who died in the 2012 gun and grenade attack on the Bella Vista club in Mombasa that killed her and left five others injured. Kenyan authorities, which reportedly enlisted the assistance of FBI agents during the investigation, have linked the incident to numerous attacks attributed to the Somali group al-Shabaab, considered to be a terrorist organization by Kenya, the USA and others, and listed on the United Nations Security Council 1844 Sanctions List.
Saudi Arabia: Journalist sentenced to imprisonment by anti-terrorism court for series of Tweets
On 24 March, the Specialized Criminal Court, a tribunal set up in 2008 to try terrorism cases that has been criticized for conducting unfair proceedings against peaceful dissidents and rights activists on politicized charges, sentenced journalist Alaa Brinji to five years imprisonment, a travel-ban of eight years and a fine, after having found him guilty of a series of charges, including “insulting the rules of the country” and “inciting public opinion” related to a series of tweets supporting women’s rights, human rights defenders and prisoners of conscience. Brinji was first detained on 13 May 2014 after criticizing the Anti-Terrorism Law.
UAE: Prosecutor drops terrorism charges against Libyan businessmen
On 21 March, Libyan-Americans Kamal and Mohamed al-Darrat, Libyan-Canadian Salim Alaradi and Libyan Issa al Manna were informed of the prosecutor’s decision to drop terrorism charges against them. The charges, which were filed in January after more than a year’s detention and amid allegations of torture, concerned the alleged funding, supporting and cooperating with alleged terrorist organizations by the businessmen. On 15 February, a group of UN human rights experts had called for their immediate and unconditional release, citing the arbitrary nature of their detention, credible information according to which the men were tortured and forced to sign confessions, and allegations of incommunicado imprisonment and prolonged periods of solitary confinement. Despite the decision to drop the terrorism charges, the individuals still face charges of providing supplies to groups in a foreign country and collecting donations without official permission, which carry a maximum penalty of fifteen years’ imprisonment.
UN Statement
Press Article
Press Article
38 persons convicted for ‘terrorism’ offences in closed-doors trial
On 27 March, the Federal Supreme Court’s state security chambers sentenced 38 people to prison, including 11 life sentences, after reportedly having found them guilty of the charges of “possessing firearms and ammunition with the intention of committing terrorist crimes against the country and its security”. According to the press, their trial was not open to the public or the independent press and two of the defendants sentenced to life imprisonment were convicted in absentia. Seven defendants were acquitted.
AMERICAS
USA: President Obama issues plan to close Guantánamo detention centre
On 23 February, President Obama released his Administration’s plan to close the detention centre at Guantánamo Bay. The blueprint, which offers few specifics, aims to bring to a detention centre on American soil 30 to 60 detainees deemed ‘too dangerous to release’, while transferring the remaining detainees to other countries. Media outlets have commented that the plan faces steep obstacles, as Congress has enacted a law banning the military from transferring detainees from Guantánamo to domestic soil, and lawmakers have shown little interest in lifting the restriction. While some in civil society have called the plan “a step forward”, the plan is criticized for proposing the continuation of a policy of indefinite detention without charge or trial – albeit on US soil – and maintaining the military commissions, which are criticised for not meeting international standards of independence and impartiality. As of now, 91 men are still held at the detention centre, 37 of whom have been recommended for release.
Government Plan NGO Statement NGO Statement Blog Post
USA: Accused 9/11 conspirator asks military judge to halt proceedings until Guantánamo guards stop tormenting him
On 26 February, attorneys for Ramzi bin al Shibh, a Yemeni citizen accused of providing money and information to the 9/11 hijackers, asked the military commission to halt proceedings until the detention centre’s guards stop abuses against him, which they say include noise and vibrations in the floors and wall that prevent him from sleeping or praying. On 24 February, Bin al-Shibh testified for several hours before the military commission about his conditions of detention at Guantánamo. He also testified that no one has come to investigate his cell or seriously look into his allegations, and furthermore claims that the guards are deliberately indifferent to a previous order to cease any such activity, issued by Judge Army Colonel James Pohl in 2013.
USA: Government attempts to compel Apple’s cooperation in iPhone encryption cases
In two recent cases, the US Federal Government has been seeking to use the All Writs Act to compel Apple’s cooperation with on-going criminal investigations. The most high-profile of these cases, in the Central District of California, concerns the iPhone used by Syed Farook, one of the alleged San Bernardino shooters. In the case, the Government is seeking to compel Apple to create software designed to weaken the security of its own devices, disabling or bypassing the phone’s opt-in auto-erase feature, allowing the FBI to submit passcodes to the phone electronically, and circumventing the passcode rate-limiter on the device that delays successive failed passcode attempts. On 28 March, the Department of Justice said it had found a way to unlock the phone without help from Apple, allowing the agency to withdraw its legal efforts to compel Apple’s assistance.
Blog Post Press Article
Press Article
USA: Court hears arguments for release of Senate torture report
On 17 March, the Court of Appeals for the DC Circuit heard arguments in a Freedom of Information Act (FOIA) suit that seeks the release of the Senate Intelligence Committee’s report on the rendition, detention and interrogation programme of the Central Intelligence Agency (CIA). The hearing focused on whether the report should be considered an executive branch document, subject to review under the FOIA, or a congressional record, not subject to such review. In support of the latter contention, the CIA cited a 2009 letter giving the Committee access to a CIA reading room and network server, which states that the documents generated would remain congressional records. The American Civil Liberties Union on the other hand argued the letter did not relate to the final report and that when then-Chair of the Committee, Senator Dianne Feinstein, distributed the report to the CIA in December 2014, she also transferred control.
USA: Court rules NSA surveillance case partially moot
On 22 March, the US Court of Appeals for the Ninth Circuit partially dismissed the suit of a nurse who challenged the National Security Agency (NSA) bulk collection of mobile phone metadata demanding that the authorities stop collecting her records and destroy the ones they already had. In its decision, the Court found that the replacement of the Patriot Act with the Freedom Act had effectively ended the impugned programme and so it could not order it to end. The purge claim was returned to the trial court in Idaho, which must now determine whether the claimant can force the Government to destroy her records in its possession.
Court Decision NGO Statement
Blog Post
Brazil: Adoption overly broad counter-terrorism law
On 16 March, President Dilma Roussef signed the Anti-Terrorism Law, which had been approved by Congress on 24 February. UN human rights experts and civil society had criticized the Bill, which they consider too broadly drafted. The new law defines as “terrorist” acts those that merely expose people or property to danger, a vague concept Human Rights Watch has warned could be misused to stifle peaceful protest. The law reportedly establishes the crime of advocating terrorism without explaining the notion “advocating”, the crime of carrying out “actions in preparation” of a terrorist act without defining what those actions may be, and the crime of promoting or joining terrorist organizations without defining what constitutes a “terrorist organization”.
Law (Portuguese)
Press Article (Portuguese)
UN Statement
NGO Statement
ASIA – PACIFIC
China: Steep rise in prosecutions on state security and terrorism charges
On 13 March, the Supreme People’s Court released its annual report to the national parliament, according to which prosecutions in China on state security and terrorism charges doubled in 2015. Convictions also increased, from 712 persons in 2014 to 1,419 in 2015. Human Rights Watch stressed that the rise in prosecution is due to the fact that the statistics include numerous cases of people prosecuted solely for their peaceful criticism of officials or Government policy, while the deeply politicized judicial system makes it “virtually impossible” to challenge such charges. The human rights organization stated that the authorities have now charged “at least a dozen human rights lawyers and activists swept up in a nationwide crackdown in July 2015 with ‘subversion of state power’ and ‘incitement of subverting state power’, charges treated as crimes endangering state security”.
Indonesia: ICJ criticizes proposed amendments to Anti Terrorism Law
On 17 March, the ICJ and other human rights groups called on the Indonesian House of Representatives to reject proposed amendments to the Anti Terrorism Law that would contravene international law. Among other things, the ICJ’s letter to the House of Representatives criticizes the lack of possibilities to challenge the lawfulness of detention; the proposal to strip Indonesian combatants abroad of their nationality, which may render them stateless; the provision on incitement to terrorism that would unduly limit political speech; and proposed amendments imposing the death penalty for particular offences.
ICJ StatementSouth Korea: Parliament passes anti-terrorism law
On 2 March, despite a filibuster of more than 193 hours by opposition members of parliament, South Korean lawmakers passed a controversial anti-terrorism law. Opposition politicians criticized the law for its vague definition of “terrorism” and for creating the potential for far-reaching and unwarranted intrusions into personal privacy.
Press Article
Press Article
Press Article
EUROPE & COMMONWEALTH OF INDEPENDENT STATES
UK: Parliament votes in favour of Investigatory Powers Bill
On 15 March, the House of Commons passed a revised draft of the Investigatory Powers Bill, which sets out the rules on Government surveillance powers. The Bill, amongst other things, will force the storage of Internet browsing records for 12 months and authorizes bulk collection of personal data. Over the upcoming months, Parliament will scrutinize the details of the measures in greater depth. The Government’s original proposals have already been amended after a draft Bill introduced last year received heavy criticism from three parliamentary committees, and opposition Labour MPs have announced they will be seeking further “substantial changes”, deemed necessary “to ensure the right balance ‘between collective security and individual privacy in the digital age’”. In his first report to the UN Human Rights Council, the Special Rapporteur on the right to privacy criticized the Bill, noting how bulk surveillance powers are disproportionate and violate the right to privacy.
Government Statement
Press Article
UN Special Rapporteur report
NGO Statement
UK: Investigatory Powers Tribunal rules hacking by intelligence services legal
On 12 February, the Investigatory Power Tribunal ruled that hacking – or, “computer network exploitation” and “equipment interference” – by the Government Communications Headquarters (GCHQ), a British intelligence and security organization responsible for providing signals intelligence and information assurance to the British Government and armed forces, is legal. The Tribunal condoned the GCHQ’s use of a broad legal basis, i.e., the power to interfere with property under the Intelligence Services Act 1994, and concluded that adequate safeguards exist to prevent abuses. It refused to rule whether the use of an even broader legal basis that authorizes any unlawful acts committed abroad complies with the European Convention on Human Rights. The Tribunal furthermore found that the GCHQ can use so-called thematic warrants, entailing the hacking of an entire class of property or persons. In a response to the judgment Privacy International, which had brought the case, said it will challenge the decision, criticizing the finding of lawfulness “based on a broad interpretation of a law dating back to 1994, when the internet and mobile phone technology were in their infancy”. Until the case, the GCHQ had neither confirmed nor denied whether it ever hacked a computer but over the course of the proceedings, it admitted to hacking within and outside the UK at what Privacy International dubbed “an alarmingly broad scale”.
France: Constitutional Council declares some measures under the state of emergency unconstitutional, validates others
On 19 February, in two decisions pursuant to motions filed by the Ligue des Droits de l’Homme, the Constitutional Council found that the provision allowing the authorities to copy any electronic data during the execution of an administrative search is unconstitutional. The Council found that such a measure is equivalent to a seizure that has not been authorized by a court and, as such, legal safeguards capable of ensuring a reasonable balance between the objective of safeguarding public order and the right to respect for private life were not guaranteed. The Council upheld the constitutionality of the rest of the provision on administrative searches and seizures. It also confirmed the constitutionality of the provision on policing of meetings and public places, considering it reconciles the right to collective expression of ideas opinions and the objective of safeguarding public order in a manner that is not manifestly unbalanced. The national consultative commission on human rights (France’s national human rights institution) in its advice on the continued state of emergency recalled that it must be an exception that must be limited in time and functions under strict controls. It stated that leaving the state of emergency is a “difficult but imperative” political decision.
Constitutional Council Decision (F)
Constitutional Council Decision (F)
CNCDH Opinion (F)
Press Article (F)
France: Legislators effectively block controversial constitutional amendment to strip French citizenship of persons convicted for terrorism offences
On 10 February and 17 March respectively, the National Assembly and Senate adopted different versions of a constitutional amendment that would deprive French citizenship or rights attached to it from dual nationals convicted of terrorism offences, effectively blocking the controversial legislation. For it to pass into law, both chambers must approve the same text. The Senate’s approval of a different text than the one voted by the National Assembly means that the legislative cycle has to be started over.
Press Article (F)
Press Article (F)
Press Article (F)
National Assembly approves measures in fight against organized crime and terrorism and their financing
On 8 March, the National Assembly approved a legislative package that, according to the Government, aims to strengthen the legal framework on the fight against terrorism outside of the state of emergency. The draft law, among other things, allows for more flexible use of weapons by law enforcement officials and new techniques for intercepting communications, enables closer scrutiny of suspected returned foreign fighters, and makes it easier to conduct searches by night. Rights groups have criticized the proposals in the draft law, saying they normalize what should be exceptional measures.
Adopted Text (F)
CNCDH Statement (F)
Press Article (F)
Italy: Strasbourg court finds numerous human rights violations in Abu Omar rendition
On 23 February, the European Court of Human Rights unanimously found that Italy violated the prohibition of torture and inhuman or degrading treatment or punishment, the right to liberty and security, the right to respect for private and family life, and the right to an effective remedy of Egyptian imam Osama Mustafa Hassan Nasr, also known as Abu Omar, and his wife Nabila Ghali in the context of Abu Omar’s rendition by US agents to Egypt, with the cooperation of Italian officials, where he was held in secret for several months. The ruling focuses on Italy’s role in the abduction and rendition, and the subsequent failure to conduct an effective domestic investigation or provide any redress. The Court observed that domestic courts had conducted a detailed investigation, but that the evidence had ultimately been disregarded following a Constitutional Court ruling that found it to be covered by State secrecy. In the Strasbourg Court’s view, the executive’s decision to apply State secrecy to information that was already widely known to the public had resulted in Italian intelligence officials’ avoiding conviction. The Italian Government furthermore never sought the extradition of convicted US agents. In the Court’s view, these actions had clearly been taken with a view to ensuring that those responsible did not have to answer for their actions. Furthermore, the Court found that the likelihood of a violation of Article 3 (the prohibition or torture and ill-treatment) of the European Convention for Human Rights (ECHR) had been particularly high and should have been considered inherent in Nasr’s transfer. Thus, by allowing and cooperating with the operation of the US Central Intelligence Agency, Italian authorities had exposed him to a serious and foreseeable risk of ill-treatment and detention conditions contrary to Article 3. The Court moreover deemed those findings to be applicable to the entire period of detention following his handover to US authorities, thus also finding a violation of Article 5 of the ECHR (right to liberty). Furthermore, in the Court’s opinion, Nasr’s disappearance caused Article 3-proscribed treatment of his wife Ghali and the disappearance amounted to an illegal interference with her private and family life, entailing a violation of Article 8. Regarding the above violations, the Court observed that the applicants had not been able to avail themselves of practical and effective remedies, thereby also finding a violation of Article 13.
Court Decision (F)Sweden: Parliament votes in new anti-terrorism law
On 10 February, the Swedish Parliament rejected a legislative proposal by the Sweden Democrats party to insert a provision stripping people convicted of terrorism of their nationality. Parliament did vote in favour of other amendments that toughen existing anti-terrorism legislation, including punishment for those who travel abroad to join a terrorist group, those who undergo training to carry out a terrorist act and those who finance a terrorist group.
Press ArticleTurkey: Crackdown on critical voices as country confronts wave of terrorist attacks
On 4 March, in the investigation into US-based cleric Fethullah Gülen, whom President Recep Tayyip Erdoğan and the Government accuse of terrorism and conspiracy to overthrow the Government, an Istanbul court appointed Government-controlled trustees to run the Feza Media Group, publisher of among others the critical Zaman newspaper. This forms part of a sustained Government crackdown on critical and opposition voices in Turkey, as the country confronts one of the biggest and bloodiest terrorist waves in its history. Furthermore, on 15 March, three academics were arrested on charges of terrorist propaganda for signing a petition condemning military actions in operations against the PKK. On 16 March, eight lawyers were detained as part of the crackdown on pro-Kurdish activists. On 23 March, Eren Keskin, co-editor-in-chief of pro-Kurdish daily Özgür Gündem was banned from travelling; the editor and newspaper are under investigation for spreading terrorist propaganda. Meanwhile, President Erdoğan has pressed Parliament to broaden the anti-terrorism law without delay, saying that “those who support directly or indirectly people who destroy innocent lives are not in the slightest different from terrorist”.
NGO Statement
NGO Statement
Press Article
Press Article
Press Article
Press Article
Trial of Cumhuriyet journalists starts behind closed doors
On 25 March, the trial of journalists Can Dündar and Erdem Gül started behind closed doors. They face multiple life sentences if convicted on charges of disclosing state secrets for the purpose of espionage, attempting to overthrow the Government, and knowingly aiding a terrorist group, in relation to a report published in Cumhuriyet alleging that Turkey’s intelligence service sought to send weapons to Syrian opposition groups. On 26 February, Dündar and Gül had been released after 92 days in pre-trial detention, following a ruling from the Constitutional Court that their arrest violated their rights to liberty, security and the constitutional protection of freedom of the press.
NGO Statement
NGO Statement
NGO Statement
UNITED NATIONS & REGIONAL ORGANIZATIONS
UN: Special Rapporteur reports on violent extremism
On 10 March, during the Interactive Dialogue with the Human Rights Council, Special Rapporteur on the promotion and protection of human rights while countering terrorism, Ben Emmerson, drew attention to two areas of concern in his latest report, namely that there is no agreed definition of violent extremism, and that addressing the conditions conducive to the spread of violent extremism should be an essential goal of the global strategy against violent extremism. During the presentation of his latest report on 15 March, Emmerson said that the peaceful expression of views that are considered “extreme” should never be criminalized unless they are associated with violence. He noted that “some States have misused these poorly defined concepts [of violent extremism] to suppress political opposition or ideological dissent from mainstream values”.
UN Press Statement
UN Press Statement
UN: Special Rapporteur publishes first report on right to privacy
On 8 March, UN Special Rapporteur on the right to privacy, Joseph Cannataci, published his first report to the UN Human Rights Council, which set out the working methods, some initial observations and a ten-point action plan for the new mandate. During the Interactive Dialogue with the Human Rights Council, Cannataci said that digital technology had resulted in a huge impact on privacy, and that States had the duty to protect citizens against illegitimate and disproportionate infringements from authorities and corporations. The potential for the development of international law relevant to privacy should be explored in all forms, he said.
UN Special Rapporteur Report
UN Press Statement
UN: Human Rights Council adopts resolution on terrorism and human rights
The UN Human Rights Council, at its 31st regular session, adopted a resolution on terrorism and human rights by a vote of 28 in favour, 14 against and five abstentions. The resolution condemns terrorist acts and urges States, while countering terrorism, to respect and protect all human rights. It furthermore urges States to adopt rehabilitation and reintegration strategies for returning foreign terrorist fighters, in line with the good practices set out in the Hague – Marrakech Memorandum of the Global Counterterrorism Forum.
UN Press StatementEU-US: Details released of EU-US Privacy Shield
On 29 February, the European Commission released the texts that will constitute the EU-US Privacy Shield as well as a draft “adequacy decision” which, once adopted, will establish that the safeguards provided when data is transferred under the new EU-US Privacy Shield are equivalent to data protection standards in the EU. While EU officials have touted new safeguards that “enable Europe and America to restore trust in transatlantic dataflows”, others criticize the agreement, which they say offers little more than cosmetic changes to the defunct Safe Harbour decision. On 6 October 2015, the Court of Justice of the European Union had invalidated that decision, which had created a binding presumption that the right to privacy and to an effective remedy were equally protected in the USA and the EU and allowed the indiscriminate exchange of all forms of data without control over the effective respect for EU citizens’ rights under EU law. The Court had ruled that national privacy authorities retained the power to assess whether rights are infringed in any individual case. A committee composed of representatives of the Member States will now be consulted on the new EU-US Privacy Shield and the EU Data Protection Authorities will give their opinion before a final decision by the Commission.
European Commission Statement Press Article
EU: Directive on combatting terrorism
On 11 March, the Council of the European Union reached agreement among Member States on a proposal for a Directive on combatting terrorism. The Netherlands presidency will now start negotiations with the European Parliament when the latter has adopted its position on the draft legislation. The proposed Directive, among other things, criminalizes travelling for terrorist purposes, the funding, organization and facilitation of such travels, and receiving training for terrorist purposes. The ICJ and other NGOs have raised concerns regarding, among other things, the wide definition of terrorism and the inclusion of broadly defined offences.
Council of the EU Statement
ICJ Briefing Paper
NGO Statement
EU: Extraordinary meeting in response to Brussels attacks
On 24 March, in the wake of the terrorist attacks in Brussels of 22 March that killed at least 32, EU Member States’ justice ministers agreed to set up a team of national counter-terrorism experts to strengthen Europol, drawing on Europol’s law enforcement capabilities to monitor the threat from foreign fighters, the flow of terrorist financing and illegal firearm and online propaganda. EU ministers of home affairs called for better coordination of anti-terrorism efforts and fuller use of existing legal instruments. They also called on the European Parliament to vote for the Passenger Name Record (PNR) Directive. The European Parliament, at the beginning of its March plenary session, had rejected a proposal by ECR and EPP groups to place the report on the use of PNR data on the agenda for a vote. The draft Directive proposes to collect, store and analyse PNR data for law enforcement purposes, enabling proactive checks on large sets of data concerning all passengers.
Council of the EU Statement
Press Article
Press Article
Blog Post
Council of Europe: Closure of Secretary General’s inquiry into illegal CIA renditions
In a letter to President of the Parliamentary Assembly of the Council of Europe Pedro Agramunt, the Secretary General of the Council of Europe, Thorbjørn Jagland, transmitted the latest information provided by Member States to his investigation under article 52 of the European Convention on Human Rights into “the question of secret detention and transport of detainees suspected of terrorist act, notably by or at the instigation of foreign agencies”, prior to its closure earlier in February. Austria, Denmark, Germany, Lithuania, Poland, Romania and the United Kingdom provided additional information to the inquiry. Agramunt said he was “proud of the role that the Council of Europe has played in helping to expose how some European nations colluded in torture” and expressed the “sincere hope… that torture will never again take place on European soil with the complicity of State authorities”. Cases raising the issue remain pending before the European Court of Human Rights.
PACE Statement (F)
Secretary General Letter
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