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Home arrow newsitems arrow PanEuropean Assembly asks CoE Secretary General to check States on Mass Spying + Intrusive practices

PanEuropean Assembly asks CoE Secretary General to check States on Mass Spying + Intrusive practices

Written by ACM
Tuesday, 21 April 2015
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*Strasbourg/CoE/Angelo Marcopolo/- It's with a crystal-clear and Strong Majority of 114 Votes Against, only 22 For, and 9 Abstentions, that CoE's 47 Member States' strong PanEuropean Parliamentary Assembbly Rejected an Amendment seeking to "Delete" an official  Call "Urging CoE's Secretary General to use his Powers .. to Request" how "States ...implement" the European Convention of Human Rights' provisions seriously Threatened by Internet Mass Surveillance, revealed mainly in the American NSA scandal, thanks to  World Famous Whistle-Blower Edward Snowden, as No 1 in a long Series of Measures to "Protect the Privacy of Europeans" from Fast-Growing Risks of "Total Spying",  but also from "Threats" even "against National Security", that can be "posed" here "by Rogue States, Terrorists, CyberTerrorists, and ordinary Criminals", as CoE's Rapporteur, Dutch mainstream ChristianDemocrat/EPP MEP Peter Omtzigt denounced in his Text and during a Public Debate held at CoE's Headquarters in Strasbourg earlier Today.    

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   => Such a CoE Secretary General move had, in the Past, triggered a Giant "Tsunami" of Media and Political reactions Worldwide on another "Hot" Human Rights issue linked to TransAtlantic relations : that of the so-called "Secret CIA "redition" Flights" and "Secret Prisons", following Swiss Senator Dick Marty's equivalent Investigative Report mandated by CoE's Assembly, which had led to a series of Revelations and Changes.

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Today's move Multiplies considerably the Political Force of an EU Parliament's similar cal last year, because CoE's Assembly obviously is the Natural interlocutor for CoE's Secretary General, that it even Elects, as its Rapporteur, Peter Omtzigt, observed, in reply to a British MEP's claim that Jagland hadn't yet responded to a 2014 EU Parliament's Resolution for that same purpose.


+ It's even quasi-Unanimously, with 138 Votes for, against only 9, and 8 Abstentions, that CoE's PanEuropean Assembly adopted also a Recommendation to CoE's Highest Political body, its Commitee of Ministers, calling it to Strengthen Cooperation with ... the EU ... in Negotiating Trade and Data Protection issues with the USA and other 3rd Countries" in order "to Bring .. in bear the Principles" of "the ECHR... in the (General) Interest of all CoE's Member States", while the TransAtlantic Trade and Investment Teaty (TTIP) talks have notoriously reached a Crucial juncture. The adopted Texts, indeed, explicitly "invite the ... EU to ... Promote the Privacy of all Europeans, in their relations with the .. USA, in particular in Negotating or Implementing the TTIP, the Safe Harbour..., and the Passenger Name Records (PNR) agreement", (etc).

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But the PanEuropean Body's Resolution cannot be suspected to play GeoPolitical games, since it was Voted with a crystal-clear Majority even without any vote from the numerous Russian MEPs who were all Absent, as a consequence of the Ukranian conflict, so that, normaly, an identical Resolution could easily be even much More Stronger whenever all CoE Assembly's Members would be anew Present and United.

 

If Whistleblower Snowden (an American Citizen, earlier employed for NSA-related work) was obliged to live these years somewhere around Moscow, after having crossed through Hong-Kong, it was, in fact, against his wish, and due to Mr. Obama Government's insistance to Chasse down that Whistleblower in order to Prosecute him for Treason and other too heavily punished accusations, CoE's Rapporteur also reacted to attempts by ... to claim that he would have become a puppet paid by Moscow, in  addition, inter alia, also to the well known Fact that USA services reportedly tried even to intercept the... Bolivian President's personall Airplane, because of rumours that Snowden might have been travelling with him in order to get in Latin America an Asylum that several EU Countries, already urged by various Calls, Popular Petitions, etc. to Help the Whistblower, haven't yet given a positive reply, reportedly after facing Heavy USA Pressure.


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+ Moreover, COE Assembly's Resolution also  "urges" the PanEuropean Organisation and "all Member States" to "ensure thet National Laws allow the Collection of Data .. only with the Consent of the Person concerned, or following a Court Order, granted on the basis of a Reasonable Suspicion of the Target being involved in Criminal activity", while "Unlawful Data Collection and Treatment should be Penalized". "The Creation of "Back Doors", or any Other Techniques to Weaken or Circumvent Security .. Exploit.. existing Weaknesses" to Digital Tools "should be Strictly Prohibited", contrary, inter alia, f.ex. also to a controversial Draft Law on Intelligence just voted in France, despite Clear Opposition by many Human Rights Organisations.


++ A Fortiori, since if  such "mass surveillance tools" "fell  ... into the hands of Authoritarian Regimes", the "Consequences" "would be Catastrophic", CoE Assembly warns. Indeed, particularly "in times of Crisis, it is not impossible for executive power to fall into the hands of Extremist Politicians, even in established democracies". Already, "High-Technology Surveillance tools are ...in use in a number of Authoritarian Regimes" in order "to Track down Opponents and to Suppress Freedom of information and Expression", the Resolution warned, pointing also to the Fact that "in several Countries, a massive “Surveillance-Industrial Complex” has evolved, fostered by the culture of Secrecy surrounding surveillance operations, their highly Technical character", etc. "These powerful structures risk Escaping Democratic Control and accountability, and they threaten the Free and Open character of our societies", according to the PanEuropean Organisation for Human Rights, Democracy and Rule of Law.


Recent Scandals, including, f.ex., the reportedly Systematic Surveillance Targetting of .. Christian NGOs and Activists in Obama's USA, or former French President Sarkozy and even his Lawyer's Mobile Phones Tapping (much of which surfaced in politically opposed Media !), as well as US Administration's surveillance over Human Rights Organisations, as denounced WhistleBlower SNouden, etc, have, in addition, revealed tangible Threats even against peaceful Citizens in Today's Societies... In general, COE "is Deeply Concerned about ... Mass Surveillance and Large-scale Intrusion practices, hitherto Unknown to the general Public, and even to most Political Decision-Makers", which started to be Revealed since June 2013 thanks to American WhistleBlower Edward Snowder, (currently living under Political Asylum in Russia, after fleeing to Hong Kong), Omtzigt's text, adopted Today by Strasbourg's PanEuropean Assembly, obserbes from thr outset.

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Recent Deadly Attacks by Extremist Islamist Terrorists in France, Belgium, Denmark, etc., as well as at Neighbouring Tunisia, etc, should Not provoke False Impressions, warned CoE's Rapporteur, Dutch MEP Peter Omtzigt, from the outset of Today's Debate :  - In fact,  "Total Surveilance" or Spying is really Possible now. But No Total Security yet !", he resumed in substance. Because "Mass Surveillance is Ineffective" against Criminals and/or Terrorists, (while, on the Contrary, "Targetted Surveilance" can be helpful), and there is, moreover, a "Danger" by Terrorists or Other Criminals, if such High-Tech "Spying Tools Fall in the Wrong Hands", he Warned, pointing also to the latest "Cyber-Attacks by ISIL's  Terrorists" against f.ex. French Media TV5, etc...


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Even if "Law in most States provides some protection for the privacy of their own citizens", it usualy does "Not for Foreigners", and "Snowden files have shown that USA's National Security Agency (NSA) and their foreign partners, in particular among the "5 Eyes” partners (Australia, Canada, New Zealand, the UK and USA) Circumvent national restrictions by Exchanging Data on each other’s Citizens", COE's Resolution denounced.


While "Recognising the need for effective, Targeted Surveillance of suspected TYerrorists and other organised Criminal Groups", and that it "can be an effective tool for law enforcement and crime prevention", as well as "the need for Transatlantic Co-operation, in the Fight against Terrorism and other forms of organised Crime".


But, at the same time, CoE notes that, "Mass Surveillance does Not appear to have contributed to the Prevention of Terrorist Attacks, ...Instead, resources ... are Diverted to mass Surveillance, Leaving potentially Dangerous persons free to act", while also  International "Trust has been severely Damaged by the Mass Surveillance practices Revealed" since 2013, (including, f.ex. USA spying over German Chancelor Merkel's Mobile Phone, etc. !), instead of being "Based on mutual trust founded on international agreements, respect for human rights and the rule of law", as it should.


This was Aggravated recently by "the Reluctance of the competent US authorities and their EU counterparts to contribute to the Clarification of the facts, including their Refusal to attend Hearings organised by (CoE's) Assembly and the European Parliament, as well as the Harsh Treatment of Whistle-blower Edward Snowden", "Omtzigt's text adopted by CoE denounced in addition, (after explaining orally, during CoE's Debate, that relevan USA authorities Refused even to present their main positions simply on Paper) : A British MEPs-led attempt to "Delete" the denonciation of these Facts, was Strongly Rejected by a Large Majority in the PanEuropean Assembly, with 113 Votes Against, only 23 For, and 6 Abstentions)...


Moreover, CoE's "Assembly unequivocally Condemns the Extensive use of Secret Laws and Regulations, applied by Secret Courts, using Secret Interpretations of the .. Rules", added an Amendment overwhelmingly adopted by a Large Majority of 115 Votes for, only 1 Against, and 8 Abstentions.


=>  "In order to Rebuild Trust",  "among  Transatlantic Partners"  (EU - USA), COE's Member Statesn, and "between Citizens and ..Governments, a Legal Framework must be put in place, at the national and international level, which ensures the protection of Human Rights, especially ...the right to Privacy", with "Effective Tools for Enforcement" thanks to "Enhanced Judicial and Parliamentary Scrutiny (Monitoring)", as well as "credible Protection (of) Whistle-blowers", CoE's Resolution concludes.

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(Suggestive Publicity in front of CoE, Day of Mass Surveillance Debate... A NSA move ?...) 

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In this regard, the PanEuropean Parliamentary Assembly "Welcomes", f.ex., "USA Congress'" "initiatives" to "Review .. Legislation, in order to minimise abuses, as well as the German Bundestag’s decision to set up a committee of Inquiry", and "Encourages" also "other Parliaments to embark on similar Inquiries", in order to "Seek the Truth, without regard to party-political considerations" : "Parliaments should play a Major Role in monitoring, scrutinising and Controlling national Security Services and Armed forces, in order to ensure respect for Human rights, the rule of Law and Democratic Accountability, as well as International Law", Today's Resolution stresses, based also on earlier adopted CoE's decisions of principle.


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Mainstream Brittish MEP of the Governing Conservative Party, and a vice-President of CoE's Assembly, Robert Walter,  was Chairing the crucial Voting time, but kept a correct, neutral and balanced stance, apparently without being influenced by the pro-Security stance of most other British MEPs, probably remembering the Fact, that, together with several other Conservative Brittish MEP, he had dared, in the Past, oppose controversial former "Socialist" Prime Minister Blair ("New Labour")'s Draft Bill on keeping mere Suspects to Prison, (even incommunicado !) for too long periods of time and without enough Guarantees, among many other Liberticide Bills of that period, by supporting a very Critical CoE's Resolution then.


Moreover, another Key British Conservative MEP, James Clappison, President of CoE Assembly's Committee on Legal Affairs and Human Rights, also Voted personaly in favour of several Citizen-Friendly moves, against risks of abusive Mass Surveillance, (including, f.ex., on the above-mentioned  Call for CoE's S.G. to take Action : Comp. Supra, etc).


They both eventually realized Today that such debates and votes on core issues of Human Rights and Democratic Freedoms emerge, by a coincidence, close to the 800th Anniversary (15 June 2015) of the World Famous, Historic Brittish Legal text known as "Magna Carta", an early precursor to the "Bill of Rights" of 1689-1789 in the UK, USA, France, etc., and the First to be written 8 Centuries ago (1215)...


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 (Embattled Ukranian President Poroshenko and National Security Council Chair Turchinov, in Military outfits, scrutinize carefuly a Drone, apparently praised by an Army Technician)

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However, the particular Context and the overall look of this, April 2015 CoE Assembly Session, explicitly Focusing, mainly on Mass Spying, "Drones" and Killings, Ukraine's Deadly and Destructive Conflict, which risks to Dangerously Divide the European Continent, as well as Massive illegal Migration and Asylum Seekers from several Neighbouring Countries, particularly at the South-East of Europe, surrounded by a recent outburst of unusualy Deadly Conflicts, Extremist Islamist Terrorist threatss, even against Civilian People, etc, inevitably Reminds

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much more ... Orwell's infamous "1984" Book (with both "Big Brother" watching, and Flows of Refugees fleeing Manipulated Conflicts, etc)

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https://www.youtube.com/user/muse

 muse___drones_2015_400

http://youtu.be/aTcJWhmdzpg

, or, by an astonishing, but Timely Coincidence, World famous "MUSE" Rock Group's latest 2015 Album titled ..."Drones", and full of Weapons and Military Boots massively emerging at the background, as another Warning...

 

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https://www.youtube.com/watch?v=UqLRqzTp6Rk

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(../..)


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Sarkozy and Merkel want deals with Obama on European Security at Strasbourg's NATO 2009 Summit

oscenato
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In parallel but concording moves, EU Chair, French President Nicolas Sarkozy and German Chancellor Angie Merkel both invited this week US-President elect, Barack Obama, to discuss important deals breaking new ground on European Security during the NATO's 60 Years Anniversary Summit of Heads of State in Strasbourg, where Obama is expected to make his 1st visit to Europe as a President on April 2009.

Merkel focused mainly on smoother NATO - EU Defence and Security policy cooperation, while Sarkozy spoke about PanEuropean Security, associating both Russia and the USA, proposing to freeze missile and shields' deployement until an agreement is reached.

But both tackled some hard nuts to crack : Turkey's VETO against the participation of EU Member Cyprus to EU-NATO cooperation, and Russia's anouncement on deployment of missiles up to Kaliningrad, at EU's belly, in reply to USA's wish to set up missile shields in EU States such as Poland or Czech Republic, etc.


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- "Certainly...one of the points that we'll dicuss with the New US President", Barak OBAMA, "who will come f'or the 1st time in Europe as president, at the NATO Summit", co-hosted by France and Germany in Strasbourg, ""concerns, above all, the European Security and Defence Policy" (ESDP), and "the relations between NATO and its partners", with whom it should "work together", anounced earlier this week Merkel.

We must find "a reasonable and adequate concept to articulate NATO and European Security and Defense policy", because of a "series of practical issues, sometimes difficult to understand", but that "we must discuss".

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- "An example" of that is "the issue of Cyprus and Turkey", said Merkel, where Ankara raises problems "from Kosovo up to Afghanistan", as also CoE's chair, Swedish Foreign Minister Carl Bildt recently observed in Strasbourg replying to EuroFora's questions.

- "We must do something to smoothen this problem for good, and not only on a case-by-case basis, laboriously negotiated each time". Here, we must find "a reasonable and adequate concept to articulate NATO and European Security and Defense policy", Merkel stressed.

- "With good will from all sides, it could and should be posible. Germany wants also to help on that". Otherwise, "the coming generations will not understand why it took Decades to do so". But, if we "don't even achieve that for Decades, this would be an Historic Failure !", the German Chancellor warned

- "I think that our American partners are increasingly realizing that", Merkel said, pleading for "a stronger European Security and Defence policy, with which, I believe, the Atlantic Security Partnership can also strengthen and solidify".

Meanwhile, USA is also due to take in 2009 a special status inside EU-led EUROCORPS, the European Army HeadQuarters, based in Strasbourg.

Merkel said that after meeting in Berlin with NATO's Secretary General, Jaap de Hoop Scheffer, earlier this week, precisely in order to "prepare NATO's Summit", scheduled for the beginning of April 2009 in Strasbourg.

Scheffe, knows well Strasbourg, since he chaired the CoE, as Holland's Foreign Minister, when he brokered a controversial deal precisely on Turkey and Cyprus about the implementation of ECHR judgements on Greek Cypriot displaced persons' houses and properties in 2003. He returned later at least once, for a WEO meeting at the CoE, where he precisely had highlighted such EU - NATO issues.

EU Commission's 2008 Report on Turkey has just observed that, on European Defense - Security policy, "Turkey continues to object to EU-NATO Cooperation which would involve all EU Member States". "This created Problems for EU-NATO co-operation in the context of Civilian ESDP missions, in particular in Kosovo and Afghanistan".
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 French EU Chair, President Sarkozy and Merkel are visiting Washington on Friday and Saturday for a Global G-20 Summit with current US President George Bush, on the sidelines of which are expected preparatory contacts with US President-elect Obama's entourage, even if himself might stay in Chicago until he takes over on January 21.

Before going to Washington, Sarkozy concluded today an UE - Russia Summit with Dmitry Medvedev, where they "spoke in length on PanEuropean Security" :

- As EU President, I proposed that we meet on mid-2009 in a framework such as OSCE's in order to set the foundations of a Future Pan-European Security, which would associate Russia and USA, and that, meanwhile, nobody speaks about deploying missiles or shields, which complicate the situation".

- NATO's Summit in Strasbourg-Kehl, on April 2009 is a perfect occasion to discuss with our American friends and to prepare a possible OSCE Summit for these issues f.ex. for June or July", Sarkozy concluded.

- We must all abstain from Unilateral measures" dangerous for Europe's security. "Russia only reacted to decisions taken by some other countries. But if they are ready to cooperate, we are ready to discuss. EU could be an intermediary", added Russian President Dmitry Medvedev, before going himself too at the Washington G-20 Economic Summit.

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