

Track EUPeople (after Exposing them to Virus Import): CoE+NGOs+Snowden warn v.Orwell Risk=>EU Frame?

*Strasbourg/Angelo Marcopolo/(Partly UpDated)- EU Citizens may soon face a Risky Paradox : After having been practicaly Abandoned, withOut Any Protection, vis a vis Massive Infections imported from NW Italy's initial Deadly Virus' Hotspot, since several EU Governments did Not Monitor at all the endangered Borders, (Contrary to what China succesfully did vis a vis its Wuhan Region, similar to Lombardy, which was Tightly Quarantined: See http://www.eurofora.net/newsflashes/news/delaytoprotecteupeoplefromvirus.html, etc), Now they are threatened to be ...themselves Monitored in their EveryDay Private Lives, Spied even on their Individual Movements and Contacts, Health condition, etc., under Pretext to limit a Further Spread of the Virus !
- Already, CoE Assembly's new President, Rik Daems from Belgium (Liberal), Warned, on this occasion, against a Risk to "Open the Door to an <<Orwellian>> Future of Constant Personal Surveillance, Following our Every Move, for UnKnown and UnAccountable Purposes", as he said in a Press Release just send to "Eurofora" by PACE's Press Service in Strasbourg, (See also Infra).
- Indeed, as independent Web Freedom Watchdog "Electronic Frontier Foundation" NGO cautioned, currently, "Governments around the World are demanding Extraordinary new Surveillnce Powers", allegedly "to fight the Virus", Urging also a Close Scrutiny on New Links between some Governments and certain Private Companies that popped up out of the Pandemic, (f.ex. Telephone Companies, Internet access Providers, SpyWare Manufactors, Social Medias Networks, etc).
+ In Addition, World Famous WhistleBlower Edward Snowden, who risked his Job and Freedom in order to Denounce a Global Massive Surveillance mecanism by Secret Services, (Comp. Snowden's Replies to "Eurofora" Questions earlier at: http://www.eurofora.net/newsflashes/news/snowdenfriendshelpwhistleblowers.html, http://www.eurofora.net/newsflashes/news/snowdenlaughonlongmuellerspyingtrump.html, etc) has just Warned that, even "Five years later the coronavirus is gone, this data's still available to them — they start looking for new things... They already know what you're Looking at on the Internet, they already know where your Phone is Moving, now they know what your Heart rate is" (f.ex. by Spying a "Fitness Tracker", etc). "What happens when they start to interMix these, and apply artificial intelligence to them ?"
- Yesterday, CoE's Rapporteur on WhistleBlowers, and vice-President of the French National Assembly, Sylvain Wasserman, from Strasbourg's area, (Comp. Earlier Replies by Wasserman to "Eurofora"s questions, f.ex., at: http://www.eurofora.net/newsflashes/news/whistleblowersineuandcoe.html, +http://www.eurofora.net/newsflashes/news/snowdenfriendshelpwhistleblowers.html, http://www.eurofora.net/newsflashes/news/coerapporteurforassangeprotection.html, etc), stressed that, as a matter of Principle, Nowadays "It is Vital we improve the Protection of Whistle-blowers both during and after the CoronaVirus Crisis". Because, "Times of Crisis show that we need them to Safeguard our fundamental Rights such as Freedom of Expression and Information, but we also need them to enable us to prepare for and manage such situations more effectively". Thus, inter alia, “Whistle-blowers can also Help to Prevent or Correct State Failures during the current Crisis. They are therefore an Essential cog in the wheel of our Democracies, and their Protection is a Measure of how Democratic we are".
=> In Consequence, Wasserman "fully Support(ed) the Initiative taken by NGOs to ...Improve the Protection of Whistle-Blowers ot only during the Crisis, but Also once it is behind us", including "Transarency International", the "European Federation of Journalists" and the "Media Development Center", "Government Accountability Project", the Universities of Griffith (Australia), Maastricht, Middlesex, Ryerson and Greenwich, "International Bar Association", "European Centre for Press and Media Freedom", "EuroCadres", "European Public Service Union", "European Organisation of Military Associations and Trade Unions", "Council of European Professional and Managerial Staff", "WhistleBlowing International Network", etc., who recently launched a "Coalition to make WhistleBlowing Safe, during COVID-19 and Beyond".
- "The signatories ... call(ed) on all public authorities and institutions to Protect those who Report or expose the Harms, Abuses and serious Wrongdoing that arise during this period of Crisis caused by the COVID19 Pandemic", and "encourage(d) all Citizens and Workers to participate in ensuring our Governments, Corporate institutions and markets remain Accountable, and in Defending the Human Rights and freedoms", as "the Need for regular and Reliable Information", as well as "the importance of Accountability" are Now "Brought into Stark Relief", since "Speak about Threats to Public Health and Safety, Corruption and other Abuses", added to "their Disclosures", "are Vital to Preventing Major Disasters and reducing the Impacts of the crisis ..., especially on the most Vulnerable members of society and our Democratic systems", particularly "when Decisions are taken in Emergency conditions, often Away from Democratic Scrutiny", since "the use of Extraordinary Powers by governments, withOut proper public Oversight and Transparency creates a tangible Risk of overreach and potential Misuse".
- Indeed, "we have Already seen examples of Wrongdoing and Mismanagement in our public Institutions, commercial Markets and Business as a result of COVID-19. Emerging areas of Concern include Health System Capacity and delivery" (f.ex. Masks, ICT, Ventilators, etc), "public Procurement, violations of health and safety and labor law, inequitable and ill-prepared global Supply chains, ... and significant Violations of personal Privacy rights at scale, through the Digital Tracking of individuals", the NGOs Denounced.
Already, f.ex., New York State Governor Andrew Cuomo notoriously called the CoronaVirus' Crisis as "Worse than 9/11" Massive Barbaric Killings of Thousands of innocent Civilian People, and everybody knows that this was soon Followed, in the recent Past, by various US Government's Exceptional Measures, including, particularly, on Mass and Individual Spying, (that many Criticized as Excessive), etc...
=> F.ex., in South Korea several massive attempts to Track Individuals, in relation to the Virus, through the GeoLocalisation of their Mobile Phones were reportedly made, including SMS Alerts for Contacts with Infected People, while in Taiwan Police is autiomaticaly alerted if Quarantined patients move Outside of their Homes, and from China come also Reports about Individual Mobile Codes being Tracked when Entering several Private Residences, Public Areas, Super Markets, Collective Gardens, etc, added to Singapore's SmartPhone App Tracking People who may have been Exposed.
- In Iran, the Government reportedly pushed Citizens to download an App available at Google's Play Store which registered their device, collEcting Contact and Location details, (but, when this was Denounced by a Researcher, Google removed that app, and the Iranian Government blamed the Officials responsible for that, ensuring the People that No Private Lines were crossed)...
- At the West, already in Poland citizens under Quarantine have to download a government App that mandates they respond to periodic requests for "Selfies". The UK Government is reportedly talking with Private Companies about Phone and Contacts Tracking, without being clear if this might concern Individuals who are Quarantined or Everybody, using Private Data or only Anonymized and Aggregated Data, Secretly or Openly. USA's Kansas Governor reportedly uses Phone Data of Infected People and GeoLocalisation, although it seems that those Data might, eventually, be Anonymised and Aggregated. Germany and some Other EU Countries are, in parallel, reportedly planning to use also Mobile Phone Data, but Only Anonymized and Aggregated for Maps. However, in Israel, a new Law has just allowed the Government to impose Mobile Phone Tracking of Infected People, and Alert those Contacting them, as well as to Enforce Quarantine Orders. But on Canada much Worse Concerns were expressed when controverial "Socialist" Prime Minister Justin Trudeau reportedly "did Not Exlude" that the Government might use telecom Data to Track all Canadians' compliance with Pandemic Measures in the foreseable future, (Expanding that issue, soon After French-speaking Quebec's Premier, Francois Legault, had recently spoken about Tracking past Movements of Infected People, by using their Phones). In France, President Macron is due to announce new Measures on Monday, and many consider that he may include also Mobile Phone's Data related to Massive Confinement, (as, Already, its Government reportedly Tested a relevant App, and the JHA Ministry has just Started to Invite People to Inform its Website about their planned individual Movements, by filling a special Form with their Mobile Phone Numbers and Personal Data, while promising that these won't be stored !)...
+ EU Commissioner in charge of the Common Market, Thierry Breton, from France, (UpDated), has just reportedly spoken about such possible Mobile Phone Tracking linked to the Virus throughout the EU, but vowed that it should be Not Linked to any "Sanctions", be "Voluntary", and used "Only by Health Authorities", under "Conditions" due to be determined asap. In Parallel, EU Parliament's Civil Liberties Committee's President, Juan Fernandez Lopez Aguilar, (a "Socialist" MEP from Spain), stressed that, at any case, "even in these Difficult Times, EU's basic Rules on Personal Data Protection and "E-Privacy" should remain in force and be respected".
=> It's in this Fast-Moving and Slipery-slope Context, that PanEuropean CoE Assembly's new President, Rik Daems, (a "Liberal" from Belgium : Comp. Supra), noted that, since "Until enough people have been Vaccinated against this CoronaVirus", (i.e. more than a Year Later, according to Technocrats, while Simple and Fast-Track eventual Treatments, as HCQ, are still Blocked f.ex. in France and elsehere), "we must Limit its Spread. ONE" (Not the Only) "Way is to Track-and-trace Infected people and those whom they Meet".
- "But this has Huge Privacy Implications and will Need very Careful Regulation to ensure respect for Human rights and the rule of Law". Because, "in defeating one evil, we must Not open the door to an Orwellian future", he Warned.
=> "Fortunately, we have common (Pan-)European standards (for all the 47 CoE's Member States, including Russia) on this,” he optimistically observed. In particular :
- (1) “The European Convention on Human Rights requires Surveillance measures to have a Legal basis and be Necessary and Proportionate to their Goal", placed under ECHR's Judicial Monitoring.
+ (2) Moreover, "Automated data collection, Processing and Storage should satisfy the standards of the recently modernised Convention 108+" on Personal Data Protection.
++ (3) "States must Ensure that these requirements are Met BEFORE Track-and-trace Measures are Introduced, and" (probably most Important) "must establish Public TRUST in them, FROM THE OUTSET”, he urged.
+++ (4) Last, but not least, “Exceptional Crises justify Exceptional Measures, But they must be LIMITED to the OBJECTIVE, in SCOPE and TIME and comply with Fundamental Rights" of the People, Instead of a "Constant Personal Surveillance, Following our Every Move, for UnKnown and UnAccountable Purposes", President Daems stressed today.
=> It's in these circumstances that, inter alia, French mainstream Center-Right Opposition "Republican" Party (ChristianDemocrats/EPP) Top Official Bruno Retailleau has just send a Letter to President Macron Warning him that such a Political Decision, as an eventual imposal of Massive "Tracking", (even on any Citizens' access to his/her Workplace, a Doctor, Grocery Store, a short Promenade solo, or to Help an Elderly person, etc), would be "Formidably Risky" and complicated !
- In particular, for Retailleau, it would also become Useless, if France was UnAble to ensure a Massive prior Testing (of that Virus' Infections), as well as a Generalized use of protective Masks", (a Big Controversy here, as French Officials have, until recently, Claimed that normal Masks would Not be Appropriate for Citizens, But Reserved Only to relevant Public Authorities' Agents : Medical staff, Police, etc)...
+=> "I am Asking him (President Macron) to provide Guarantees on Security and (Personal) Liberty", and to carefully measure all Immplications, Retailleau stressed, shortly Before the forthcoming Official Announcements.
Naturally, it Remains to be seen Whether the relevant National and European Legal and Political bodies, as well as International Human Rights Organisations, and, (mainly) the Majority of the People, could be Convinced, or Not.
Particularly when Crucial Local (2020) and Regional (2021) Elections are Soon followed, in a straight line, even by Decisive Presidential and Legislative Elections (2022) in France, (well Before the Culmination of EU-wide Elections on 2024)...
(../..)
("Draft-News")
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People in Europe and the World expect from CoE to make a succes of its "Monitoring" for Human Rights and Democracy, despite difficulties, said Finland's President Tarja Halonen to "EuroFora" at a crucial moment for the mecanism built 15 years ago by the paneuropean organization which celebrates its 60th Anniversary in 2009.
Halonen, known as "Mother" of CoE's "Monitoring" mecanism, a long-time MEP and former Foreign Minister before becoming Finland's President, holds a long experience in the mattter, after also serving twice as CoE and EU Chairwoman in the past. That's why she is well placed to judge how CoE's "monitoring" should deal today with some crucial issues of importance both to CoE and to the EU.
The move came just a Month before a crucial, last visit to Turkey, scheduled for June, by the President of CoE''s "Monitoring" Committee, Ukranian MEP Serge Holovaty, to finalize his Report on Ankara, the CoE Member State with the longest Monitoring procedure. From its results depends its overall credibility.
This is a Test-case, because, in fact, it's in order to avoid Sanctions threatened against Turkey by a CoE's Assembly's April 1995 Resolution for grave Human Rights violations, Democracy gaps, the continuing Military Occupation in Cyprus, the unresolved Kurdish problem, Aegean differend with Greece, etc., that MEPs decided to create, for the 1st time on April 1996, a "Monitoring" proces, allegedly destinated to check, without excluding Countries who did not fulfill all CoE's standards.
In the Past, the obliged withdrawal of Greece's Military regime and of its "Civil" cover-up out of the CoE had helped bring back Democracy in 1974. But, on the contrary, since April 1996, the idea was to "monitor" Human Rights' respect while keeping most concerned Countries inside the CoE. After Turkey's oldest example, this was extended also to several former "Eastern" European Countries, even if CoE's Assembly has imposed to some of them (fex. Ukraine, Russia, etc., after Belarus, Serbia, etc) various "Sanctions", that Ankara always avoided. Curiously more succesful even than .. USA itself, (a CoE "Observer" since 1995), which has been at least threatened with sanctions some years ago..
EU-effects of CoE's Monitoring process became obvious between 2001-2008, since the "closure" of this procedure, when CoE felt that a Country had met most of its Human Rights, Democracy and Rule of Law obligations, (i.e. the "Copenhagen Criteria" for the EU), helped trigger Negotiations with the EU for "Accession" or other closer relations : This occured already before the 2004 and 2007 EU Enlargements to former "Eastern" European Countries, as well as for the commencement of "accession" negotiations with Croatia, and of "open-ended" negotiations with Turkey in 2005.
But a stricking new development are Holovaty's recent findings that on core Human Rights issues as Torture and Freedom of Expression, Turkey, even "5 Years after" CoE closed its "Monitoring", back in 2004, inciting EU to start accession Negotiations in 2005, still presents grave problems.
His findings are of crucial importance after a 2008 CoE Resolution called, "if need be", to "seriously consider the possibility of Re-Opening the Monitoring procedure for Turkey" : A move which might affect Ankara's controversial EU bid, since EU Accession Negotiations are based on the Hypothesis that the Candidate fullfils the "Copenhagen Criteria" (See above)..
-------------------------
Holovaty expressed his will to check "Matters still Outstanding" and those that he "didn't have an opportunity to discuss" at an earlier visit this year, "in order to discuss the more complex issues in greater depth", at his forthcoming New Visit to Ankara, before the December 2009 EU Summit. This is all based on the 2004 CoE Resolution which stresses that, CoE "will continue.. post-monitoring Dialogue with the Turkish authorities,...in addition to a 12-points list,..and on any Other Matter that might arise in connection with Turkey’s Obligations as a CoE member state".
CoE's Resolution also asks from Turkey "to secure the proper Implementation of Judgements, particularly in the Cyprus v. Turkey InterState case", of 2001, which concerns also the plight of many Hundreds of MISSING People. It adds Turkey's obligations to "execute" ECHR's Judgements in the Loizidou case,..and in particular adopt General Measures to avoid repetition or continuation of Violations found by the Court" to the detriment of Refugees.
Nevertheless, Holovaty said to "EuroFora" that "MISSING" persons,"might be included" and cannot be excluded, but he has yet to examine the situation "to find out which issues will be raised" to the Turkish Government.
Therefore, "EuroFora" asked Halonen, as the Historic "Mother" of CoE's Monitoring mecanism, if she thought that, "whenever there are grave Human Rights Violations, as fex. "MISSING" persons, attested even by ECHR's judgements, they should be always checked by a Monitoring process. Or could they be forgotten ?"
- "We (CoE) must be, at the same time, Fair, Realistic, but not in the mind that "now we have Forgotten", etc., replied to "EuroFora"'s question Halonen, speaking as a matter of general principle.
- "When we think of those People that are suffering from the lack of Democracy, of Human Rights, and of the Rule of Law", "we should find a base on how to deal with the (Monitoring) system more rapidly"', she stressed.
- "Sometimes it's very difficult to combine Transparency and Effectivenes together, particularly in this specific case", she went on to say. But, "I have not found a (CoE Member) Country who could be insensitive in this sens", Halonen answered concerning grave Human Rights violations attested by the ECHR.
- "I have no ready-made answer. I have the expectations that you, in the CoE, will, step by step, find the different types of the monitoring systems."
Also "because this is a part of the UN's Post-Conflict system, (fex. when it comes to Cyprus' MISSING persons), and it's a more Global system". So that, "If we make a succes in Europe, the others will follow", throughout the World. "But they expect that we (Europe) are this opportunity, this Opportunity to make a Succes", Halonen concluded.
In addition, she advised to extend CoE's Monitoring to all its 47 Member States, "because, as long as we hear that, all these monitoring systems are "OK for the neighbor, but not for me", "it's very difficult" to understand. Something which could make easier to Compare...
Finnish MEP Jaako Laakso, former CoE Rapporteur on the Occupied Territories of Cyprus and one of the 5 Signatories of the Historic CoE's call to create the "MONITORING" mecanism since 1996, was more specific : - "We (CoE Assembly) have to find a way for the issue of Cyprus' MISSING People to be better followed", he stressed, anouncing his intention to "speak to Mr. Holovaty" about that. "There might be also other ways", added Laakso.
- The 2008 "Year had been a very Bad one for Turkey with regard to Human Rights in general, and Freedom of Expression in particular", denounced, meanwhile, Holovaty's preliminary Post-Monitoringh Draft Report by Holovaty, published by the CoE on April 2009.
"Amnesty International believes that freedom of expression is not guaranteed given the various articles of the Criminal Code that restrict it. .. "For example, 1,300 Websites are said to have been closed down by the (Turkish) authorities in 2008" ! While "the new Turkish Criminal Code was used to bring a total of 1,072 proceedings between June 2005 and April 2008, and led to the conviction of 192 people", for expressing views. "Representatives of the Özgür Gündem newspaper, which specialises in Kurdish affairs, ..complained about Numerous Attacks on their Freedom of Expression ...as was everyone who advocated a settlement to the question by means other than the intervention of the army" "According to their figures, 19 Newspapers had been suspended 43 times between 4 August 2006 and 4 November 2008" !...
Moreover, on 2008, CoE's "Ministers adopted its 4rth Resolution on the execution of the judgments of the ECHR, ...and outstanding issues regarding 175 Judgements and decisions relating to Turkey delivered between 1996 and 2008... concerning Deaths resulting from the excessive use of force by members of the Security forces, the failure to protect the right to life, the DIisappearance and/or death of individuals, Ill-Treatment and the Destruction of property". CoE's " Ministers urged the Turkish authorities ...to ensure that members of Security forces of all ranks can be prosecuted without administrative
authorisation" for "serious crimes". Holovaty reminded.
"Nonetheless", Holovaty heard anew of "Several cases of Violence committed last year (2008) by the (Turkish) security forces". Amnesty International speaks of Many Cases of ill-treatment and Torture in the prisons and by the police". "Including, fex."'the death of Engin Ceber, a young man of 29 who died on October 2008 as a result of the TORTURE allegedly inflicted on him by police officers, prison staff and members of the gendarmerie. He was part of a group of people arrested on September 2008 during a demonstration and Press Conference in Istanbul'. Proceedings against suspects are "on-going" in this case.
- " I therefore noted an Obvious Contradiction between the Government’s stated “zero tolerance” policy.... of Torture and other forms of ill-treatment, and the different testimonies given", denounced CoE's Rapporteur. Turkish "authorities must make considerable efforts to guarantee that proper investigations are carried out into allegations of abuses by members of the security forces and that perpetrators are effectively punished" "In this respect, I have requested detailed Statistics on the number of Investigations, acquittals and convictions in cases involving allegations of abuse in order to show the positive impact of the measures taken to date", Holovaty said, repeating a permanently unsatisfied CoE's demand to Turkey since a Decade...
- "The Political Crisis that shook the country in the spring of 2008 highlighted the Weaknesses of the (Turkish) Constitution", which comes from the Military regime of 1982, "and the Urgent Need of Reforms", stressed from the outset CoE's Rapporteur in 2009. In particular, "the ...Democratic functioning of state institutions, including the independence of the judicial system, are crucial", he observes.
But, "the Electoral system and the ways in which it is circumvented do not appear to give those elected complete Legitimacy, and tend to pervert the course of direct universal suffrage", denounces Holovaty, observing that, even 5 Years later, Turkey did not yet change the 10% nationwide Threshold for a party to take any seat, which is "far higher" than the "3%" maximum in Europe and already condemned as contrary to European Standards by the CoE.
+ Moreover, EU Parliament's 2009 Report on Turkey, drafted by Dutch MEP Ria Oomen-Ruijten and adopted in Strasbourg on March, expresses "Concern over the Failure of the (Turkish) Judiciary to prosecute cases of Torture and Ill-treatment, the Number of which is Growing". EU also "is concerned about continuing Hostility and Violence against Minorities" in Turkey. It also "calls on the Turkish Government to launch, as a matter of Priority, a Political Initiatve favouring a lasting Settlement of the Kurdish issue, (while "condemning violence.. and terrorist groups"). EU "regrets that No progress has been made on establishing full, systematic Civilian suprevisory functions over the (Turkish) Military".
The final results of Holovaty's 2nd and last visit to Turkley will be known later this year, and, at any case, before EU's December 2009 Summit.