Non c'e' da stare allegri.
La creazione di un database europeo utile a blindare chi "crea problemi" e l'approccio dedicato al contenimento attivo delle grandi mobilitazioni democratiche, sono un futuro possibile e vicino
Piovono proposte allucinanti sulla schedatura e l'arresto preventivo dei cittadini sul solo presupposto del livello di paranoia dell'autorità competente territorialmente e federalmente
Ci sono un sacco di policemen europei che sognano gli strumenti simili a disposizione dei colleghi yankee e questo non è sicuramente bene
c'è anche chi si è dato da fare e ha scritto il manuale su come "affrontare" qualsiasi tipo di manifestazioe, lettura sicuramente edificante, da togliere il sonno
*giro da RE per chi non la vede
*
*EU
Protests: Proposal to create EU-wide "troublemakers" database
- to /"prevent individuals or groups who are considered to pose a
potential threat to the maintenance of public law and order and/or
security from travelling to the location of the event"
- /and to put in place: "/The necessary arrangements for a quick and
efficient implementation of the potential expulsion measures"/*
*/- /EU Security Handbook: /"The scope of the manual is now such that it
applies to the security (both from a public order point of view as well
as counter-terrorism) of all major international events, be it
political, sporting, social, cultural or other."/
------------------------------------------------------------------------
*At the Article 36 Committee meeting (high-level EU interior ministry
officials) on 22-23 October 2007 a proposal from the German government
was on the agenda concerning the options for "/sharing information on
violent troublemakers at large events" (/*EU doc no: 15079/07
<
http://www.statewatch.org/news/2007/nov/eu-art-36-public-order.pdf>*/)./
It was agreed that the Council's (the governments) working party on the
SIS/SIRENE (Schengen Information System) should examine the possibility
of "/using the SIS for this exchange of information"./
On 4 December 2007 under the heading: /"Troublemakers"/ at the
SIS/SIRENE Working Party:
/"The Presidency explained that at its meeting on 22 and 23 October
2007, CATS had instructed the SIS/SIRENE group to examine the
possibility of using SIS for the exchange of information on
troublemakers.
COM argued that although the alerts pursuant to Article 99 were not
designed to this end, this kind of alerts could prove helpful in
locating troublemakers./
/However, some delegations argued that this type of alerts neither
met the legal (Art. 99 regards extremely serious criminal offences
or serious threats) nor the operational needs (there was no
possibility of arresting persons) referred to by CATS.
Since this question had already been discussed some years previously
in this forum, the Council Secretariat was asked to retrieve any
documents issued between 2000 and 2003 on this subject." /(EU doc
no: 16585/07)
Article 99 (for the SIS) concerns the surveillance of people suspected
of extremely serious criminal offences. See: *Schengen Information
System Article 99 report
<
http://www.statewatch.org/news/2008/feb/08SISart99.htm>*
On 14 March 2008 the Council Presidency circulated a paper to the
SIS/SIRENE Working Party on the Subject of:
/"Troublemakers" /(*EU doc 7544/08
<http://www.statewatch.org/news/2008/apr/eu-troublemakers-7544-08.pdf>*)
The paper refers to the Conclusions of the special Justice and Home
Affairs Council on 13 July 2001 (*EU doc no: 10916/01
<
http://www.statewatch.org/news/2008/apr/eu-troublemakers-10916-01.pdf>*)
following the Gothenburg protests on 14-16 June 2001) and to Conclusions
on the development of SIS II (EU doc no: *EU doc 9808/03
<
http://www.statewatch.org/news/2008/apr/eu-troublemakers-sis-ii-9808-03.pdf>*)
where "a certain interest exists" in a new category in the SIS on
"violent troublemakers". These Conclusions also referred to the need for
a "feasibility study" (which has not been done) and for Council working
parties to discuss the issue and bring foward proposals "when they find
sufficient support". The only indirectly related development was the
Council Resolution on security at European Council meetings and other
comparable events on 3 November 2003, See: *EU doc no: 13815/03
<
http://www.statewatch.org/news/2008/apr/eu-troublemakers-council-resolution-13915-03.pdf>*
In effect four and a half years past before "troublemakers" were put
back on the agenda again by the German government in October 2007 in the
wake of the Heiligendamm G8 Summit (see below).
The Council Presidency paper says that the SIS/SIRENE Working Party
discussed the issue on 29 January 2008 (though no "Outcomes"/Minutes of
this meeting have yet been produced) and:
/"several delegations reflected the idea that the persons enviaged
could be inserted under Article 99. Other delegations raised doubts
about the usefulness of Article 99 alerts for violent troublemakers
since arrest cannot be carried out under this Article."/
The Presidency paper says that data would concern:
/"persons to be barred from certain events, such as European summits
or similar venues, international sports or cultural events or other
mass gatherings because they are a threat to public order and public
security at such events."/
But:
/"This proposal begs questions as the right of free movement, other
civil liberties and data protection, as these persons should
therefore not be permanently visible or included in the SIS,
requiring a very careful management of such alerts."/
On 18 March 2008 at the SIS/SIRENE Working Party, under the heading:
*Troublemakers* the above document was discussed and:
/"After some discussion, it was concluded that before undertaking
any feasibility study as referred to in the Annex to the Council
Conclusions on SIS II (7178/4/03 REV 4 SIRIS 28 CATS 16 ASIM 16
COMIX 141, point II.2, page 6) on the possible creation of a new
type of SIS-alert, attention should be given to the definition of
“troublemakers” and the exact goals. To that end, the Presidency of
the SIS/SIRENE WP would establish contacts with the Presidency of
the WP on Police Cooperation."/
*German government Note*
------------------------------------------------------------------------
So on 7 April 2008 the German delegation - who raised the issue -
circulated a Note on: "Improving exchange of information on violent
offenders active internationally" (*EU doc no: 8204/08
<
http://www.statewatch.org/news/2008/apr/eu-troublemakers-8204-08.pdf>*).
This might have been expected to clarify exactly who is a "troublemaker"
at "mass events"/International gatherings in the EU - instead the German
delegation Note widens the scope to cover:
/"violent offenders active internationally"/
which apparently covers /"violent offenders"/ (does this mean
convicted?) or /"violent troublemakers"/.
The Note states that in Germany it is permissible to enter an alert to
"prevent violent confrontations and other criminal offences" at major
international political or sporting events and to:
/"avert dangers arising from gatherings of individuals prone to
violence"/
Given the German police reaction to the Heilgendamm G8 Summit 6-8 June
2007 (See Statewatch report: *Heiligendamm G8 Summit: a chronology of
protest and represssion
<
http://www.statewatch.org/news/2007/nov/g8.pdf>*) it would appear that
any protest can be defined as "/gatherings of individuals prone to
violence"./
"Alerts" are entered on people on
/"whom certain facts give reason to believe that they will in future
commit significant criminal offences using violence or the threat of
violence. A "significant criminal offence" is one which falls into a
category higher than that of petty crime, noticeably disturbs the
public peace and is likely to have a considerable effect on the
public's sense of security."/
To define /"significant criminal offence"/ to include one that
/"disturbs the public peace"/ is absurdly wide - this would include
non-violent protesters sitting down in the street. And any large-scale
gathering to protest could be interpreted by police as having "/a
considerable effect on the public's sense of security"./
Apparently/ "concrete grounds" /for a /"negative prognosis"/ are:
/"the individual concerned has been suspected, accused or convicted
of a significant criminal offence."/
"Suspected" by whom?
"Accused" by whom?
Moreover alerts can be entered against a person from whom /"weapons or
other dangerous objects have been seized or confiscated"/ - again this
depends on how it is interpreted as banner poles are seized by police on
the grounds that they could be used a weapons.
The German delegation Note then goes on to maasively extend the scope of
the proposal.
We are given examples of "significant criminal offences" which include:
/"(a) Offences involving use of force against - life and limb
(b) coercion
(c) aiding and abetting the escape of a prisoner
(d) material damage to property
(e) serious trespass
(f) breach of the public peace
(g) formation of or participation in an armed group
(h) formation of or support for a criminal or terrorist organisation
(i) robbery
(j) arson
(k) causing an explosion
(l) breach of the laws on weapons
(m) incitement to hatred (insofar as the nature of the act clearly
shows that the perpetrator is liable to be violent)"/
Are "armed groups" and "terrorist organisations" to be defined as
"troublemakers"?
What do /"coercion"/, "/aiding and abetting the escape of a prisoner",
"robbery", "arson" and "causing an explosion"/ have to do with protests
at major international meetings in the EU?
This is a dangerous conflation of questionable offences (depending on
the context) which might arise at protests such as "/breach of the
public peace"/ or "/serious trespass" /with clearly criminal and
terrorist acts endangering life and limb.
*Back to 2001-2003
------------------------------------------------------------------------
*The idea of putting "troublemakers" on a database was discussed and
rejected back in 2001. It is often forgotten in the wake of 11 September
2001 that the EU was in a "crisis" earlier in the summer of 2001
following the mass protests in Gothenburg at the EU Summit on 14-16 June
- See for full background Statewatch's *Observatory on protests in the
EU <
http://www.statewatch.org/observatory3.htm>* A special meeting of
the Justice and Home Affairs Council was called on 13 July 2001 from
which emanated *Conclusions adopted by the Council and the
representatives of the Governments of the Member States on 13 July 2001
on security at meetings of the European Council and other comparable
events
<
http://www.statewatch.org/news/2008/apr/eu-troublemakers-10916-01.pdf>*
(pdf). Amongst it conclusions were the:
/"use of police or intelligence officers able to identify persons or
groups likely to pose a threat to public order and security,
provided by the Member States from which such persons or groups come"/
No sooner was the ink dry and there were mass protests at the EU Summit
in Genoa (19-22 July 2001) during which Carlo Guillani was killed. See:
*Genoa 19-21 July 2001: An Italian view of "public order policing"
Italian style <
http://www.statewatch.org/news/2002/jul/08genoa.htm>*:
482 people injured; 280 arrests; 2,093 people turned back at the
borders; Carlo Giuliani shot dead by police. See also: *EU plans to
extend the Schengen Information System (SIS)
<
http://www.statewatch.org/news/2001/nov/19sis2.htm>* and *The Enemy
Within II <
http://www.statewatch.org/news/2001/nov/enemyII.pdf>* (pdf).
During the discussions on the specially called Justice and Home Affairs
Council (JHA) after protests in the EU Summit in Gothenburg, Sweden on
14-16 June 2001 when hundreds were arrested and excessive police
reaction widely reported: Statewatch's *Observatory on protests in the
EU <
http://www.statewatch.org/observatory3.htm>* See Gothenburg: Public
order policing in Europe - policy backlash expected:* **EU public order
<
http://www.statewatch.org/news/2001/jun/publicorder.htm>*) it emerged
that seven EU governments - Germany, Sweden, Portugal, Italy, Belgium,
Luxembourg and the United Kingdom - wanted to go even further and create
an explicit EU-wide database of “troublemakers ” and to introduce travel
bans on suspected “troublemakers ” across the EU. See Statewatch
analysis *The Enemy Within
<
http://www.statewatch.org/news/2001/aug/protest.pdf>* (pdf)
Later in the autumn of 2001 the German government put forward a
*Proposal to create EU para-military police units to counter protests:
**Report <
http://www.statewatch.org/news/2001/oct/01paramilitary.htm>*
*Policing of demonstrations 2003-2008
------------------------------------------------------------------------
*Since 2001 there have been many protest and demonstrations at which
there has been a discernable shift in the aggressiveness of polcing
tactics which is a reflection of both the growth in para-military
policing and the conflation in EU ideology of security to deal with
terrorism and public order policing.
In 2007 the Council of the European Union (representing the 27
governments) agreed that the two, separete handbooks on public order at
EU events and that on counter-terrorism should be combined:
/"The scope of the manual is now such that it applies to the
security (both from a public order point of view as well as
counter-terrorism) of all major international events, be it
political, sporting, social, cultural or other."/
As regards public order and cross-border demonstrations, the agencies
should:
/"prevent individuals or groups who are considered to pose a
potential threat to the maintenance of public law and order and/or
security from travelling to the location of the event"/
and for those who have entered make:
/"The necessary arrangements for a quick and efficient
implementation of the potential expulsion measures"/
Source: *Security handbook for the use of police authorities and other
agencies at international events
<
http://www.statewatch.org/news/2008/apr/eu-troublemakers-handbook-2007.pdf>*
*Here are some examples from the last five years of the policing of
protests:*
2003: Greece:* **The "Soloniki 8" and Simon Chapman
<
http://www.statewatch.org/news/2003/jul/28greece.htm>*
2003: Spain:* Legal action against policing of demonstrations
<
http://www.statewatch.org/news/2003/may/13spaindemos.htm>*
2003: *Expulsion from Belgium and Schengen bans for anti-war protestors
- SIS used to curb dissent; Schengen framework used to curb free
movement <
http://www.statewatch.org/news/2003/feb/15green.htm>*
2004: UK: *Fairford coach: Protestors "virtually prisoners" rules Court
of Appeal <
http://www.statewatch.org/news/2004/dec/05fairford-appeal.htm>*
2005: UK-G8: Gleneagles: *Statement on the Policing of the G8 Protests
<
http://www.indymedia.org.uk/en/2005/07/318170.html>* (indymedia, link)
2006: *Spain: 59 held after demonstration against detention centres
<
http://www.statewatch.org/news/2006/jun/06-detention-protest.htm>*
2006: *Swiss Police face jail for Nearly Killing Two Activists in Evian
2003 <
http://www.statewatch.org/news/2006/feb/05evian-trial.htm>*
2007: After the Heilgendamm G8 Summit in June 2007 the G6 group of EU
states (France, Germany, Italy, Poland, Spain and the UK meeting in
Poland issued a: *Joint Declaration by the Ministers of Interior of G6
States Sopot, 18 October 2007
<
http://www.statewatch.org/news/2007/oct/g6-poland-oct-07.pdf>*
including a direct reference to the mass protests at the G8 Heiligendamm
Summit earlier this year. G6 refers to the /"acts of violence"/ at
/"mass events"/ which affected the /"security of participants"/ and want
to /"continue the discussion"/ on /"providing security and public
order"/. See Statewatch report: *Heiligendamm G8 Summit: a chronology of
protest and represssion
<
http://www.statewatch.org/news/2007/nov/g8.pdf>*
2008: *Policing protests in Switzerland, Italy and Germany
<
http://www.statewatch.org/news/2008/apr/02policing-protests.htm>* (from
*Statewatch* bulletin) 1. Switzerland: Policing of the anti-WEF
demonstration in Davos; 2. Italy: Demonstrators convicted for G8
clashes; 3. Switzerland: 200 arrests at peaceful street party; 4.
Germany: 60 per cent of G8 investigations dropped.
2008: ROMANIA-NATO: *Police actions against anti-NATO protests in
Bucharest* On 2 April 2008, hundreds of police raided the convergence
centre of the anti-NATO gathering in Bucharest and arrested an estimated
46 people. All the arrests were made inside the convergence centre, no
demonstration was taking place at the time. Many police reportedly wore
ski masks and were hostile to journalists trying to access the scene.
Police arrested and detained people arbitrarily. Once detained, the
police appear to construct "offences", such as interpreting the carrying
of a pocket-knife as arms possessions. The detained are interrogated,
photographed and fingerprinted in police stations, and held for up to 24
hours. At the Romanian border several groups of activists have been
denied entry into the country.
Sources:
Indymedia report in English:
*
http://www.indybay.org/newsitems/2008/04/02/18490151.php*
Indymedia report in German: *
http://de.indymedia.org/2008/04/212209.shtml*
English summary: *
http://gipfelsoli.org/Home/Bukarest_2008/4906.html*
Indymedia Romania
Tony Bunyan, Statewatch editor, comments:
/"We can now see a pattern emerging across the EU where people who
exercise their democratic right to attend cross border protests are
confronted by aggressive para-military policing, surveillance,
preventive detention and expulsion./
/This is a reflection of the EU's definition of "security" at
international events which is now defined as covering both
"counter-terrorism" and "public order"./
/Back in 2003 the *bilateral* exchange of information on "suspected
troublemakers" between EU states for international events was
agreed. What is proposed now is not the one-off exchange of
information related to a specific event but *a permanent EU-wide
database of suspected "troublemakers"*, this is utterly unacceptable
in a democratic Europe."/
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