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

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

Έχει γραφτεί από ACM
Thursday, 09 April 2020
orwell_1984_eurofora_patchwork_400


*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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ECHR's President to "EuroFora" on Journalists Gongadze and Adali murders : Principles must apply to all States, without discrimination.


+ ECHR's Statistics on Freedom of Expression (See below).


 European Court of Human Rights' President, Jean-Paul Costa, questioned by "EuroFora" on Journalists' murders, as in Gongadze and Adali's cases etc., strongly stressed all CoE Member States' obligation to make efficient Investigations to find and punish those responsible, and underlined that ECHR's case-law's principles must apply to all without any discrimination.

His call was clearly supported by various Top MEPs who denounced a risk of "Double Standards" if some Journalists' murders are investigated, while others don't.

To avoid such risks, CoE's Parliamentary Assembly adopted a Resolution, on the occasion of Ukranian Journalist Gongadze's murder, "stressing", as a matter of general Principle, "the importance it attaches to the safety of Journalists and political activists, especially those linked to opposition groups, in ALL member states of the CoE". All "crimes against journalists and political activists must be investigated ... as a matter of priority, without political interference".

Costa was replying to "EuroFora"s question on the fact that, after CoE's Committee of Ministers, also CoE's Assembly had just adopted a Resolution on Gongadze murder case, based on an ECHR's judgement of 2005, asking a full Investigation from Ukraine, who has found and condemned  in 10 years of jail 2 executants, but not yet the instigators.

While nothing similar was yet done for dissident Turkish Cypriot Kutlu Adali's murder, with 5 bullets shot at his head out of his Family's home in the territories of Cyprus occupied by Ankara's army, despite another ECHR's judgement of the same year 2005, and despite Turkey's claim that nobody was found among those responsible for the murder, and that there was nothing more to do..

In order to be credible and efficient, CoE's mechanisms shouldn't find a way to at least ask for full investigations of all Journalists' murders anywhere they might be committed, without exceptions ?

adali_gongadze


- "On the larger question that you raised, I'd like to say, since we are in a period of stock-taking on ECHR's 50 Years, that the Court's case-law developed certain concepts ....such as the Positive obligations of States, part of which are also the procedural obligations", started to reply ECHR's President.

 - "Whenever Journalists, Lawyers, Defenders of Human Rights, or even simple Citizens are murdered, the States are held responsible, not only if its their own security forces' agents who committed these murders, but also if they didn't make sufficiently substantial and efficient Investigations", he stressed.

- "I want to strongly underline that we (ECHR) have found in many cases numerous violations of Articles 2 and 3 against States, ....(about) murders or torture, ...because they didn't make enough Investigations in order to try to find and punish those responsible".

- "We (ECHR) do that vis-a-vis all 47 (CoE) Member States, without any discrimination".

"Naturally, the circumstances in each particular case may be differend, and we can't ommit to apply the rules of proof, or the rules of criminal procedure".

"But we try, by all means, to apply these principles of our case-law, to all States", he concluded.

imag0335_400


      Costa's call was strongly supported by several Top CoE MEPs, from various Political areas


- "To investigate the murder of one Journalist, and not of another, looks like Double Standards", denounced the President of EuroLeft Group in CoE's Assembly, Dutch MEP Tiny Cox.  

- "What is the reason ? Politics or specificity of a case ? Of course, if Cyprus and Turkey are involved, it's always a Political case"..

- "Murders of Journalists should always be fully investigated, because killing Journalists is not only killing persons, but also killing Free Press".  "We (CoE's Assembly) should do our outmost to help People who are working on Free Press and they are under threat or murdered".

Because for Free Politics, Free Press is a pre-requisitive : Parliamentarians  cannot  function without a Free Press. Not investigating, is not protecting ourselves".

So we should investigate all Journalists' murders : We are talking about Gongadze, about the Cypriot man (Adali), about the Journalist murdered in Moscow one week ago, etc", Cox concluded

- "CoE can' look at these cases differently. CoE can't wear Blinckers  !".
- "If the one is investigated, so has to be also the other. Why there wasn't full investigation ? Why's that ?", wondered British  Socialist MEP, Alan Meale.

- "A good idea" would be to "make a Motion for Resolution", and "join all Journalists' murders. Adali and Gongadze etc", said to "EuroFora" EU Parliament Political affairs Committee's President, Goran Lindbland, ChristianDemocrat MEP from Sweden.


(See also earlier News at "EuroFora" on similar issues).
-------------------------------

ECHR's Statistics on Freedom of Expression :


    Almost Half of condemnations by ECHR for violations of Freedom of Expression in 2008, concern Turkey : 20 out of a total of 48 for all CoE's Member States.

    Russia, Poland, France and Moldova were condemned only 3 times. Romania, Greece, Portugal, 2 times, and the other CoE Member States only 1 time, or none.
--------------------
    During the last Decade : 1998 - 2008, Turkey was condemned for violating Freedom of Expression in ..169 cases, while Austria only in 24.

    France and Moldova in 14 and 13, respectively, closely followed by Russia and Poland with 11 and 10, respectively. The rest of CoE Member States had less than ten condemnations.    
    

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