FREE Newsletter: 1, 2, 3 May 2013

FUNDAMENTAL RIGHTS

– FREEDOM FROM TORTURE AND DEGRADING TREATMENT

Anti-torture committee reports on Spain
Human Rights Europe: “A new report on Spain by anti-torture monitors expresses concern over prison overcrowding and the practice of restraining detainees.
Today’s report from the Council of Europe’s Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), follows a visit to the country in May-June 2011.
It also calls on the Spanish authorities to put in place more safeguards to ensure that “all investigations into allegations of ill-treatment by the police are prompt and thorough.”
The report states: “In respect of the continued practice of resorting to mechanical restraint of prisoners (i.e. fixating a prisoner to a bed face down often for many hours), the report calls upon the authorities to review the application of the measure, to put into practice the panoply of safeguards advocated by the CPT, and to ensure that fixation is never used for punitive purposes…”

Court decision prompts fresh EU calls to free Tymoshenko
Euractiv: “The European Union has urged Ukrainian authorities to “reconsider thoroughly” the imprisonment of Yulia Tymoshenko following a European Court of Human Rights ruling that the arrest of the former prime minister was illegal and politically motivated.
The court ruled on Tuesday (30 April) that Tymoshenko’s pre-trial detention in 2011 was arbitrary, that the lawfulness of her detention had not been properly reviewed, and that she had no possibility to seek compensation for her deprivation of liberty.
At the same time, the Strasbourg-based court dismissed the complaints by Tymoshenko that she was subjected to inhumane and degrading treatment during her transfer to a hospital on 20 April 2012.
Western officials have repeatedly blamed Ukrainian authorities for the poor conditions and the treatment of the opposition icon, who is serving a seven-year sentence for abuse of office.
EU foreign affairs chief Catherine Ashton and Štefan Füle, the commissioner for Enlargement and European Neighbourhood Policy, reiterated the Union’s concerns in the Tymoshenko case.
“We call on the Ukrainian authorities to reconsider thoroughly the situation of Ms Tymoshenko, the leader of one of the strongest opposition parties in the country, who remains detained after a trial that did not respect fair, transparent and independent legal proceedings,” Ashton and Füle said in a statement released after the court ruling…”

Also on the same topic:

EU Countries divided over Tymoshenko case : http://www.euractiv.com/europes-east/tymoshenko-case-divides-eu-news-519436

DATA PROTECTION

Heart of the matter: who owns your health data?
Eurobserver: “The titanium metal box implanted inside Hugo Campos’ chest keeps him alive.
The size of a wristwatch, the €20,000 gadget houses a generator, circuitry and a battery with thin wires attached directly to the Californian’s heart.
“It took me about a year to get used to the idea of having the implant and understanding how things work,” he told EUobserver.
The device – or implantable cardioverter defibrillator (ICD), made by US-based firm Medtronic – is designed to treat dangerous accelerations in his heart rate.

It also collects a lot of data.
An accelerometer inside the device can tell when he sleeps, eats or walks around, when he is quiet or speaking, or if fluids are building up inside his chest cavity.
All of the information is transmitted to the manufacturer via a cloud. It does not go to the doctor, the hospital or the patient.
If something goes wrong, his cardiologist will receive an alert from the manufacturer.
If it is serious, the doctor will inform Campos.
There are many others like him in the US and in the EU. A senior director at Medtronic said her company alone remotely monitors some 750,000 ICD patients worldwide…”

EUROPEAN AREA OF FREEDOM, SECURITY AND JUSTICE

– JUDICIAL COOPERATION IN CIVIL MATTERS

L’inopposabilité d’une clause attributive de juridiction à l’égard du sous-acquéreur dans les chaînes de contrats intra-européens
Gdr-Elsj: “Par Mathieu Combet, EDIEC. “Une fois n’est pas coutume, la Cour de justice de l’Union européenne vient d’énoncer une règle matérielle autonome en admettant l’inopposabilité d’une clause attributive de juridiction convenue dans un contrat au tiers sous-acquéreur dans le cadre d’une chaîne de contrats intra-européens sauf s’il a donné son consentement effectif à l’égard de ladite clause. En adoptant une telle solution, la Cour de justice semble remettre en cause la transmission des clauses contractuelles en qualifiant l’action directe du tiers sous-acquéreur contre le fabriquant de délictuelle.

CJUE, 7 février 2013, Refcomp, aff. C-543/10, non encore publié au recueil ; JCP (G) n°18, 29 avril 2013, 516, note P. Guez ; Europe 2013, comm 194, obs. L. Idot ; RLDA mars 2013, 4510, note M. Combet ; LPA 10 avr. 2013, p. 6 note V. Legrand…”

JUDICIAL COOPERATION IN CRIMINAL MATTERS

– FRAUD AND CORRUPTION

Olaf leak: no clear evidence against Dalli
Euobserver: “EU anti-fraud office Olaf had no hard evidence that former health commissioner John Dalli tried to solicit a bribe from a tobacco firm.
The information comes from its confidential report into the Dalli case, part of which was leaked on Sunday (28 April) by the MaltaToday news agency.
In his cover letter to the paper, dated 17 October, Olaf chief Giovanni Kessler said: “There is no conclusive evidence of the direct participation of commissioner John Dalli either as instigator or as mastermind of the operation of requesting money in exchange for the promised political services.”
Dalli lost his post last year over allegations he used a middleman to ask tobacco firm Swedish Match for millions of euros to fiddle EU legislation.
Sale of Swedish Match’s mouth tobacco, snus, is banned in every member state except Sweden.
Dalli’s task was – his accusers claim – to lift the ban in exchange for money.
The deal was allegedly brokered by Silvio Zammit (a Maltese local politician and restaurant owner with close ties to Dalli) and Gayle Kimberley (a Malta-based consultant hired by Swedish Match) at a meeting in February 2012.
Dalli says he had nothing to do with Zammit’s scheme.
While the Olaf report admits there is no incriminating evidence, it still makes Dalli look bad.
It says he attempted to muddle evidence and was most likely aware of Zammit’s plan.
Dalli met Zammit in February just three days before Zammit allegedly asked Kimberley for the money on Dalli’s behalf.
Dalli initially denied his Zammit meeting took place, but changed his story later on.
Olaf also says Dalli met directly with tobacco lobbyists who “have a personal interest in a matter within his portfolio” in breach of the EU commissioners’ code of conduct…”

Also on the same topic:

Dalli report leaked : http://www.europeanvoice.com/article/2013/april/dalli-report-leaked/77104.aspx

OLAF’s Dalligate report slammed as ‘biased’, ‘amateurish’ : http://www.euractiv.com/health/olaf-report-dalligate-slammed-am-news-519427

Advertisements
This entry was posted in Data Protection, European Area of Freedom, Security and Justice, Fraud and Corruption, Fundamental rights – Charter, Judicial cooperation in civil matters, Judicial cooperation in criminal matters and tagged , , , , , , , , . Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s