USA: law suit against government bodies over "No Fly List"

The American Civil Liberties Union (ACLU) filed a first-of-its-kind lawsuit on behalf of 10 US citizens and lawful residents who are prohibited from flying to or from the United States or over US airspace because they are on the government's "No Fly List" against the US Department of Justice, the FBI, and the Terrorist Screening Center in US District Court for the District of Oregon. None of the individuals in the lawsuit have been told why they are on the list or given a chance to clear their names.

The ACLU's complaint is available online at: www.aclu.org/national-security/latif-et-al-v-holder-et-al-complaint

More information about the ACLU's lawsuit is available online at: www.aclu.org/national-security/aclu-challenges-government-no-fly-list-0

Source: aclu.org

UK lawmakers: privacy fears over body scanners overblown

The privacy fears raised by the deployment of full body scanners at airports are overblown, a committee of British lawmakers said Wednesday, adding that the technology was no more of a threat to passengers' rights than pat-downs or bag searches.

The government promised to install body scanners across Britain's airports after a botched attempt to bring down a Detroit-bound jet on Dec. 25 — allegedly by a terrorist who hid explosives in his underwear.But privacy groups bristled at the prospect of scans that can peer under clothes to reveal hidden items, likening them to a "virtual strip search."

The report welcomed the introduction of the scanners and recommended that other security measures be adopted quickly, including new equipment to sniff out trace levels of explosives.

Source: Los Angeles Times; find article here>>.

USA: extra checkpoint screening of airline passengers from 14 countries

Due to a new directive of the Transportation Security Administration airline passengers flying to the U.S. from 14 countries with terrorism problems will face extra checkpoint screening at overseas airports. The countries include Afghanistan, Algeria, Iraq, Lebanon, Libya, Nigeria, Pakistan, Saudia Arabia, Somalia and Yemen as well as Cuba, Iran, Sudan and Syria.

The new directive will be in place indefinitely and replaces an emergency order the TSA imposed after a Nigerian passenger tried to blow up a Northwest Airlines flight near Detroit on Dec. 25.

Source: USA Today; find article here>> and TSA statement here>>.

USA: Scotland boycott threat following al-Megrahi release

Protesters in the USA angered by the release of the Libyan Basset Ali al-Megrahi, the only man convicted of the 1988 bombing of Pan Am flight 103 over Lockerbie launched a "Boycott Scotland" campaign in the internet. The website BoycottScotland.com is an anonymous Internet protest calling upon Americans to avoid Scotland and Scottish products in protest at al-Megrahi’s release.

The anonymous Internet protest is receiving wide publicity in the US media, including the New York Times, Bloomberg, CNN and Forbes magazine. ETOA, the European Tour Operators Association, has announced to closely monitor the campaign and advises against any tourism boycott of Scotland.

Source: ETOA Briefing of Aug. 26, 2009; find full text here>>.

USA: no testimony of FBI agents regarding 9/11 probes

In an order relating to three wrongful death cases and 19 property-damage cases following the 9/11 attacks, U.S. District Judge Alvin Hellerstein in Manhattan denied a motion by the airlines to question six current and former FBI agents. The airline defendants had hoped to show at trial that the government's failure to apprehend the terrorists and stop the attacks was so considerable that it mitigates and excuses any alleged faults of the airlines.

The judge wrote that the government's failures to detect and abort the terrorists' plots would not affect the aviation defendants' potential liability. The judge also denied a motion to admit the 9/11 Commission report as a whole as evidence in the case, instead only admitting the chronology provided in the report.

Source: Dow Jones Newswires; find article here>>.

UK: database to track international travel of all Britons?

Due to a report by The Sunday Times, British government is building a secret database to track and hold the international travel records of all Britons. The intelligence centre will store names, addresses, telephone numbers, seat reservations, travel itineraries and credit card details for all passenger movements in and out of the UK each year. The computerised pattern of every individual’s travel history will be stored for up to 10 years.
The database is seen as an essential instrument in the fight against crime, illegal immigration and terrorism.

Source: The Sunday Times; find article here>>.

Austrian Supreme Court: Republic liable for unjustified dismissal of airline employee

Plaintiff, an Egypt born Austrian citizen, was employed at an airline's catering division. His field of work included the preparation of snacks for the airline's passengers which he did for more than two years without any complaint when suddenly the Austrian Federal Minsitry for Transport, Innovation and Technology called the airport operating company and requested them to deprive plaintiff of his airport identity card: due to information by the national counter-terrorist department he would have to be regarded a servere security risk. As he was not allowed to enter the catering area any more without the identity card, the arline released him.

He sued the Austrian Republic for damages and succeeded in all three instances as the Ministry failed to produce any evidence of his alledged rsikiness. They only referred to an obligation of secrecy in this regard and didn't grant plaintiff access to their records. Austrian Supreme Court (OGH) upheld the lower instances' decision that the Republic was under obligation of proof which they failed to fulfill. The Republic was therefore held liable for all damages resulting from the unjustified dismissal.

The Supreme Court decision (1 Ob 225/07f of 30.09.2008) is available for download in German here>>.

The case is an example the sometimes absurd excrescences of the "war against terror" after 9/11.

Airport Laptop Searches and Anti-Counterfeiting

This is an interesting item out of the G8 meetings held this week. The G8 is looking at plans to give airports the power to scan portable media players for copyrighted material when you fly under its upcoming Anti-counterfeiting Trade Agreement. This would give custom officials the power to scan MP3 players, laptops and even mobile phones for illegally-obtained copyrighted material when passengers pass through borders. The Anti-Counterfeiting Trade Agreement Measures form part of an international agreement aimed at stamping out piracy. What next? Talk about George Orwell's 1984

Originally published in Association of Retail Travel Agents ARTA E-News For July 11, 2008

European Union: Court of First Instance partly annuls Commission's decision on aid paid to Olympiaki Aeroporia Ypiresies

Following the terrorist attacks of 11 September 2001, the Commission adopted a Communication on their repercussions on the air transport industry. In that communication, the Commission considered that, having regard to the exceptional nature of the events of 11 September, the State aid provisions could authorise, under certain conditions, compensation for costs caused by the closure of American airspace for four days (from 11 to 14 September 2001) and for the extra cost of insurance.
In 2002, the Greek authorities sent the Commission the detailed calculations of the compensation in favour of Olympiaki Aeroporia Ypiresies. It related to revenue lost in respect of the carriage of passengers and goods, the costs of destruction of sensitive goods, the additional costs of security checks, the costs of recalling an Athens to New York flight on 11 September 2001 and of cancelling the return flight, the costs of the landing and stay at Halifax (from 11 to 15 September 2001) of a flight the original destination of which was Toronto, the costs of extra repatriation flights (‘ferry flights’) on 18, 20 and 26 September 2001 and, finally, the costs connected with the additional hours worked by staff and the costs of additional security. The amount of EUR 4 827 586.21 was paid to Olympiaki in July 2002.
In 2006, at the conclusion of a formal investigation procedure, the Commission decided that the State aid was compatible with the common market as regards the compensation paid for the period from 11 to 14 September 2000 up to a maximum amount of EUR 1 962 680. On the other hand, the Commission considered that the cancellation of the flights of 15 and 16 September 2001 and the ‘ferry flights’ were but indirect repercussions of the terrorist attacks. It also ordered the recovery of any amount of aid paid in excess of EUR 1 962 680.
On the other hand, the Commission considered that the cancellation of the flights of 15 and 16 September 2001 and the ‘ferry flights’ were but indirect repercussions of the terrorist attacks. It also ordered the recovery of any amount of aid paid in excess of EUR 1 962 680.
Olympiaki applied to the Court of First Instance for the annulment of the Commission’s decision in so far as it fixed the maximum amount of compensation compatible with the common market at EUR 1 962 680. It challenged the determination that no loss which arose after 14 September 2001 had a causal connection with the terrorist attacks of 11 September.
The Court of First Instance notes that the existence of a direct connection between the exceptional occurrence and the damage caused does not presuppose that they occurred at the same time.
The Court of First Instance annuls the Commission’s decision in so far as it concerns the compensation for the cancellation, on 15 September 2001, of the flight to Toronto, on the ground that the evidence on which the Community institution relied in order to substantiate the lack of a causal connection did not justify its determination. Further, the Court of First Instance annuls for failure to state reasons, the Commission’s decision in so far as it concerns the losses suffered by Olympiaki, first, on its network apart from the North Atlantic and Israel (about EUR 1 212 000) and, second, lost revenue amounting to about EUR 500 000 in respect of the carriage of goods and other costs incurred.

Source: European Court of First Instance press release>>.

UNTWO: Renewing Capacity for Tourism Development

UNWTO is actively supporting African destinations which have the capacity to renew their tourism development after having recently suffered from internal crisis or terrorist attacks. These efforts coincide with the overall support provided by the United Nations to foster social and economic stability in the region.

UNWTO Secretary-General Francesco Frangialli is currently visiting African countries (Côte d'Ivoire and Mauritania) to demonstrate the Organizations’ commitment to help re-launch their tourism development potential.

Source: UNTWO press release>>.

USA: detained Iraqi Americans sue airline

Six Iraqi Americans returning to Detroit after training U.S. military personnel contend they were racially profiled when they were pulled off an American Airlines flight in August and accused of being a security risk.
In a lawsuit filed Wednesday against the airline, the men say airline employees halted a flight about to leave San Diego for Chicago and detained them after the flight crew thought they were security threats because they spoke Arabic and because of their appearance.
The Iraqi natives were interrogated in front of other passengers and then detained for more than an hour with the help of the San Diego police, according to the suit. Afterward, they were released and flew later that week.

Source: freep.com by Detroit Free Press; read full article here.

Security, Terrorism and Tourists

Since the beginning of March 2003 US immigration authorities are checking all tourists for radioactive material as there is increasing concern of new terrorist activities.

(Originally posted by Michael Wukoschitz)

Lockerbie: Compensation

UK families have treated, with some scepticism, claims by US lawyers that they have negotiated a new settlement for families of the victims of the Lockerbie bombing. The settlements are said to amount to £6.4m (€10.08m or $10.12m) per family. However, there have been previous claims of settlement but these have failed to materialize.

(Originally posted by John Downes)

Lockerbie: Appeal

Abdelbaset Megrahi has lodged an appeal to the European Court of Human Rights alleging breaches of his human rights in his trial by the Scottish High Court of Justiciary and in his imprisonment in Glasgow.

(Originally posted by John Downes)

September 11th - Flying School receives notice of Approval of Hijackers' Visas

The Huffman international Flying School, where two of the September 11th hyjackers trained, have just received letters from the INS (US Immigration Dept.) that their visa applications have been approved. The INS said that the original approval had been granted on 17 July and that the school had been notified in the summer. These letters were merely a "backup notification". They blamed a backlog of paperwork at their processing centre in Kentucky for the delay. The papers relate to Mohammed Atta and Marwan Al-Shehhi. Atta is believed to have been the ring-leader of the group. He, along with three others, seized American Airlines Flight 11 from Boston-Los Angeles and flew it into the North Tower of the World Trade Center. Al-Shehhi is believed to have piloted United Airlines Flight 75, also from Boston-Los Angeles, into the South Tower 17 minutes later.

(Originally posted by John Downes)

Lockerbie Conviction Upheld

Abdelbaset ali Mohmed al-Megrahi, the Libyan man found guilty of the Lockerbie bombing, has lost his appeal against conviction. The High Court of Justiciary jailed him for life in January 2001 for the bombing of Pan Am Flight 103 over Lockerbie in December 1988. 270 people were killed, including all those on board and others in the small Scottish border town.

(Originally posted by John Downes)

Lockerbie trial Judges Named

The three judges that will hear the Lockerbie Trial, according to Scots Law, in the Netherlands have been named as Lords Sutherland, Coulsfield and MacLean. Lord Abernethy will also participate and will act as a substitute if necessary. There will be a preliminary hearing of the case at the High Court of Justiciary in Edinburgh before Lord Sutherland on 22 November 1999. Nb. There is a Lockerbie Trial wedsite provided by the University of Glasgow Law School at: http://www.law.gla.ac.ik/Lockerbie/index.htm

(Originally posted by John Downes)

Train Bomb

13 people were killed and nearly 50 injured after a bomb exploded on the Pooja Express which had left Jammu, Kashmir's winter capital, bound for Delhi. the train was carrying Hindu pilgrims who had been visiting the Vaishno Devi Temple near Jammu. Indian police officials were also on board.

(Originally posted John Downes)

Lockerbie: Update

The trial of the two men accused of the Lockerbie bombing is now scheduled to take place on 4 February 2000. Permission has been given to extend the 110 day rule whereby the accused must be brought before a Scottish court within 110 days of being charged. The extension was agreed because of the complexities of the case. The case will take place at Camp Zeist in the Netherlands which, for the purpose, will become Scottish territory and the case will be tried according to Scots law. The accused attempted to have the Sunday Times held in contempt of court, arguing that an article in the paper would jeopardise a fair hearing of their case. However, this was rejected by the High Court in Edinburgh on the grounds that, since the case would be before three judges rather than a jury, the accused would suffer no prejudice.

(Originally posted by John Downes)

Lockerbie: Update

n 13 January 1999, the UK Foreign Secretary, Robin Cook, visited Camp Zeist in the Netherlands which is to be used for the trial of the two Libyans accused of the Lockerbie bombing. The former US airbase currently used by the Dutch, will technically become part of Scotland for the purposes of the trial, which will be held according to Scots Criminal Law. Negotiations are continuing with the Libyan authorities who have expressed reservations about the men serving their prison sentences, if convicted, in a Scottish jail. One of the concerns is that they might be subject to UK and US intelligence' interrogations whilst in the prison. However, Mr Cook said that standards in Scottish prisons were as good as any in the world and Libyan and international bodies would be able to monitor the men's conditions. As soon as the men arrive in the Netherlands, the sanctions against Libya would be lifted. On 13 January, JANA, the Libyan news agency reported a "major headway" in the negotiations.