Briefing on the Watson Report (ELDR-UK)
on a recommandation to the Council on :
security at meetings of the European Council
and other comparable events (A5-396/2001)

by Jean-Luc Robert

GENERAL FRAMWORK
The European institutions have the right to ascertain whether fundamental rights and other principles laid down in Art. 6.1 of TEU have been respected. It must be recalled that Art. 7 of TEU has recently been strengthened by the Treaty of Nice, which instructs the European institutions to monitor the protection of fundamental rights even in the case of a risk of violation.
In carrying out this surveillance, institutions must be guided by the Charter of Fundamental Rights. EU Institutions have to avoid the risk of breaking the mutual confidence between institutions and citizens.

LIBE REPORT
The report tabled by Mr Watson and adopted by the Libe committee tends to answer these two questions :
1) how to improve political dialogue while protecting fundamental rights of European citizens to demonstrate peacefully and even to protest ;
2) how to prevent or punish criminal behaviour by demonstrators and ensure that reactions by law- and order-services are not disproportionate.

The main recommendations included in the report are the followings :
1) Citizens must enjoy the right of data protection in accordance with Art. 8 of the European Charter for fundamental rights ;
2) Blocking of borders or denying the right to cross borders to individuals or groups of people who seek to participate peacefully in legitimate demonstrations should be avoided ;
3) A common definition of « dangerous person » and dangerous behaviour should be adopted ;
4) Prohibition of new kind of « black list » or new specialised database between Member States other than the SIS and effectiveness of the right to rectify information by the individuals concerned ;
5) reinforcement of citizens’ rights to safety as outlined in Art. 29 of TEU, by combating in an effective way at European level violent groups (black blok) or criminal organisations which pursue urban violence in EU territory ;
6) a disproportionate use of force must be avoided ;
7) any discrimination between national and EU citizens must be avoided in case of arrest or trial.

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Strasbourg, Tuesday 11 December, 15.00 - 17.30


15.00 Welcome and introduction (if necessary, first 30 minutes without interpretation)
Caroline Lucas MEP (chairperson)

15.10 Short Documentary Film (20 minutes)

15.30 Presentation of Petition and Update on the Situation in Italy
- Marc Covell, UK Journalist
- Representative from Austrian Caravan (name to be confirmed)
- Eurig Wyn MEP - Petitions Committee
- Massimo Pastore (or Dario Rossi), lawyers representing Genoa Social Forum
- Christian Arnsberger, lawyer, germany

16.20 Implications of the events in Genoa with regard to Article 6 and 7 of EU Treaty, the Charter of Fundamental Rights and the Laeken Summit
Speakers:
- Franci Wurtz, MEP, Chairman of GUE/NGL, Foreign Affairs
- Watson, MEP - Chairman of Civil Liberties, His Report
- Jean Lambert, MEP - Civil Liberty Aspects
- Monica Frassoni, MEP - Constitutional Aspects
- Johannes Voggenhuber, MEP - Constitutional Aspects

17.10 Open Discussion

17.30 Close

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Greens/EFA Press Conference on the same day

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Copy of my speech and statement that will be read out at the conference.

MY STATEMENT. EUROPEAN PARLIAMENT, STRASBOURG.

11 DECEMBER 2001

MARCUS COVELL, IMC-UK JOURNALIST.

I have a small confession to make. This is my very first speech. Normally, people have a chance to practise this craft at weddings and parties and not at European parliamentary discussions. So you will have to forgive me! I would like to thank Lucy, Caroline, Massimo, indymedia and everyone else who has shown an interest or offered support to the victims of the Diaz raid.

I come in front of you as an ordinary man, one of many millions who have not had the chance to see the EU in action and one of many millions who struggle to understand the relative importance of the EU and how it shapes us as citizens.

That night in Genoa, again, I was an ordinary man who went out for a cigarette and was confronted and run over by 250 Para-military police. It can be proved that I never went on any of the Genoa demonstrations and because I am a non-violent man, I did not resist 'arrest'. I beaten three times in the space of fifteen minutes to the point that I realized I was bleeding and dying. All around me were the screams of other people being beaten into vicious submission. I actually consider my self lucky not to be mentally and physically tortured at the Balzereto detention centre if I had been charged. Italian and foreign MP condemned and stated that the Diaz raid and the detention centre could be described in terms of Chile in the 1970's. It was a night that changed my life and all of the other victims.

However, I stand before you as a person that has the enormous task of explaining and representing the views of an anti-globalisation movement that has stretched around the world. I was initially optimistic that my human rights would be defended and exercised but September 11th happened and I find myself in a situation having to comment on the Laeken summit.

It is a strange time that I come in front of you to discuss Human Rights. I thought that it would be an easy subject to discuss and lead. I find myself drawn to speak briefly about a movement that I have followed as a journalist and as a believer. I think that fighting for our justice is not only a very difficult thing to achieve now but also that the whole world has forgotten Genoa and what happened there.

Although not well educated in the inns and outs of the European parliament, I have learnt and studied the Laeken summit and it is understood that Europol, fortress Europe, European search and detain warrants and the EU anti-terrorism bill is on the agenda and for certain parts, to be ratified.

I also understand that you will be facing protesters on the streets again but agendas have changed on both sides. In June, it was the arrival of the American president that sparked violent demonstrations in Gothenburg. Genoa was against the eight most powerful men that balanced world power and economics and Laeken is about a world gone mad on itself.

What, I am sure due consideration and the sacrifice of human rights and liberties enjoyed by millions, will be given little thought by most governments. From the outside, the protest movement, now swelled by millions of the hearts and minds of the European anti-war movement, probably will be ignored. If anything, as a personal friend of many people that have risked all and exercised their rights, their protest against all forms of violence must be their most powerful statement of intent I can read to you.

I have learnt that laws are not worth the paper they are written on, esp. if they are ignored and perpetrated by police forces. I feel that I have very little to hang onto when accusing Italian police officers of inflicting human rights abuses on myself and 92 other people that were beaten and tortured during the Diaz raid.

You may ask, why is what happened, important? At the time, the raid brought international condemnation and the Italian government was seriously embarrassed. A great amount of Italians see the raid as the case in deciding the struggle between the left and right of Italian politics. Indeed, all EU governments are struggling to deal with the wider issue of the new protest movement. The Diaz raid happened at the height of the summer of anti-globalisation protests. It has slipped into the history of this movement but is still demanding justice. Laeken proves that these protests are still occurring and that the issues of globalisation are just as burning. Post S-11, it must be understood that the ranks of hearts and minds have been swelled and are being educated. Globalisation has become the talk of breakfast politics in many families in the west and will be discussed well into the future.


What I fear is that the European union wants to follow the same approach that the Italians adopted with increased surveillance powers, arrest, search and detention. This is an obvious move to make, considering the current climate of S11 and the fact that this movement could be considered a threat to European governments. Since the world is now moving into the post S-11 situation, everyone is struggling to point the finger, establish security and understand the new 21st century. The current opinion of the anti-globalist movement is that it fears the new powers of its governments. I can only educate that it wishes to be peaceful by its repeated statements of peace. Everyone understands that the war is directed linked to a de-facto description of globalisation. Forgetting all of the causes of this war, I wish to concentrate on the meaning of its long-term outcome. The west has finally realised that you cannot leave vast traits of the globe and complete countries laid waste by poverty. If globalisation has caused poverty and is the solution, it must fix it. If it has passed by, it must go there, regardless of cost or profit. globalisation should not be about vast profit for the corporations and when it defies the people, is of vast cost to governments when it fails. Your electors, the people, are protesting and will not vote. I experienced the visible cost to democracy during mayday and the general election in the UK. I say, the EU must pay attention to what this movement is stating. Its message is not a security threat but the biggest challenge to western democracy that all of the elected politicians of the EU must begin to deal with.

As an indymedia journalist, I have a special interest and a sharp, intense understanding of this new global protest movement. If people doubt that the events of Genoa are important, I am here to register the statement that if you fail to understand what we all say on this podium, all of you will risking further protest. And someone else like me will talk to you next year and remind you of what I said this year.

Today I stand before you, realizing that I carry a message that has not been carried before. I feel in conflict with myself when I come in front of you. Today represents a convergence of paths for me. Knowing very clearly the views of the movement on the internet and on the street, I plead with the European Union to understand that these protests are not a threat to security but an invite to understand the 18-35 generation and represent its views as included in with everyone else's. I really believe that how you deal with this young political global protest movement, that is mainly critical only of how globalisation is implemented, will be a defining description of the European Parliament and its MP's

You should question yourselves deeply when you see the youth of your country, demonstrating their views, whilst a Para-military police force pursues them in any direction. You must begin to listen and be more representative and inclusive of their views. If you are critical of the globalisation process, then they may engage.

The wider effect is felt with all those who are innocent bystanders, like me and the millions on TV, watching. I find the only way to begin to reduce the level of hostility, is for politicians to be seen opposing, to be critical and to be seen discussing the issues at the very least.

What the movement and I mean the millions of hearts and minds on the internet and on the street fear the most is not the fact that the EU has to fight terrorism. What, I feel queasy is that there has been no impact study of what we are about to give away on the basic principles of human rights. It seems to me that unfortunately bin laden did win the war before he was defeated because he has made us think about sacrificing human rights to defend ourselves and 'a way of life'. Although I may disagree with a life I feel enslaved by and immersed in.

I ask that today, do not strip me of my inalienable democratic and human rights. Governments must fight against terrorism and fight for human rights, not sacrifice them in the process.

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Finally, the petition itself:

Petition to the European Parliament

Subject:

Violations by the Italian authorities responsible for the maintainance of public order during the G 7 (or "G 8") summit in Genova, 20-22 July 2001, of Article 2 (1, indent 3), Article 6 (paragraphs 1 and (2) and Article 29 (1) of the Treaty on the Eurpean Union and Articles 1, 2, 3, 4, 5, 10, 11 and 12 of the Charter of Fundamental Rights of the European Union.

Background to and grounds for the petition:

A journalist to my profession I was covering the G 8 meeting in Genova, Italy 20-22 July, with a specific focus on the activities organised by civil society organisations around the summit. Considering that the practice of arranging G 7 (or now "G 8") summits, while informal and, thus, outside normal institutional frameworks for democratic decision making, has been widely recognised as having resulted in political output of major significance, I considered it essential to follow and relay also voices of dissent. In exercising my profession I in no way participated in any acts of disturbing public order or acts of violence against persons or property.

On the night of 21st July I was brutally attacked in front of the Amando Diaz School, Cesare Battisti, by the forces of law, which I would have expected were on duty in order to protect my safety as a European citizen, not in order to assault citizens. I suffered the following injuries from the attack(s): eight broken ribs, a shedded lung and i lost three pints of blood. It took three days to stop the internal bleeding. The following medical treatment has been needed: I spent twelve days in San Martino Hospital plus visits to UK doctors for another operation( to remove bone splinters) and for trauma conselling.

Aware of the fact that the Treaty on the European Union, in Article 35 (5) excludes from the jurisdiction of the Court of Justice "the validity and proportionality of operations carried out by the police and other law enforcement services of a member State", I nevertheless consider that my rights under the Treaties and the Charter have been violated in such a way, that it cannot but be a question which falls within the activities of the Union, rather than being subject to national competence alone. Articles 6 and 7 of the Treaty on the European Union clearly state that democracy and the rule of law are required by any state which wishes to be part of the Union, and that respect for fundamental and human rights is not at the discretion of the Member States.

I therefore ask the European Parliament to take up this matter to consideration, and thereby to consider the following questions as relevant:

A)whether what i have been subjected to constitutes a violation of fundamental rights protected by the treaty on the european charter of Fundamental Rights.

B)Whether the actions of the italian authorities before, during and after the G8 summit in Genoa Constitutes a serious and persistent breach of principles mentioned in article 6(1) of the EU treaty in the meaning of Article 7(1) of the treaty.

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more stuff will follow from strasbourg

Marcus Covell (SKY) IMC-UK