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struggle4progress

(118,295 posts)
Sun Aug 19, 2012, 01:31 AM Aug 2012

Julian Assange case: stay patient and do the right thing (Guardian editorial)

Refugee protection does not apply to the WikiLeaks founder and it is wrong of him to claim it
Editorial
guardian.co.uk
Thursday 16 August 2012 17.31 EDT

As defined by the United Nations convention on refugees, a refugee is a person who "owing to well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country". A little later on, the text of the convention specifically states that refugee status "shall not apply to any person with respect to whom there are serious reasons for considering that … he has committed a serious non-political crime outside the country of refuge".

Whatever views one may have about Julian Assange as a WikiLeaks activist, it is clear that in legal and moral terms he cannot properly be described as a refugee. To be a refugee is to be in need of very specific protection, desperately won and deservedly cherished. Refugee protection does not apply to Mr Assange and it is wrong of him to claim it. As Charlie Chaplin said when a Nazi newspaper reporter once asked him in Berlin if he were Jewish, he does not have that honour. But the inappropriate nature of the claim goes further. Since Mr Assange is wanted by the courts in Sweden for the specific and proper purpose of answering two allegations of sexual assault, which is in anyone's language a serious non-political crime, it is also clear that he is specifically disbarred from being treated as a refugee.

None of this fundamental aspect of Mr Assange's status was discussed in any serious way on Thursday by the Ecuadorian foreign minister, Ricardo Patiño, in his long statement on the case in Quito. Mr Patiño made plenty of other points before confirming Ecuador's decision to grant asylum to Mr Assange. Most of these were based on the claim that the United States wants to get its hands on Mr Assange because of WikiLeaks, that it may torture him, that his deportation to Sweden by the UK would bring this closer, and that Ecuador has a right to protect him.

No one should be naïve about the US, but this is a fallacious chain of reasoning. The US has not said whether it wants to detain Mr Assange, though it has had plenty of time to do so. If it wanted his extradition, the US might logically be more likely to make use of Britain's excessively generous extradition treaty with the US – which has not happened – rather than wait until he was in Sweden, when both Sweden and the UK would have to sign off on any extradition application. And neither Sweden nor the UK would in any case deport someone who might face torture or the death penalty. Ecuador's own human rights record is also far from exemplary, as Human Rights Watch has made clear ...

http://www.guardian.co.uk/commentisfree/2012/aug/16/julian-assange-wikileaks-refugee-protection
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Julian Assange case: stay patient and do the right thing (Guardian editorial) (Original Post) struggle4progress Aug 2012 OP
What is the obsession here? Kalidurga Aug 2012 #1
You might wish to improve your comprehension skills intaglio Aug 2012 #2
The quote includes "serious reasons for considering that" muriel_volestrangler Aug 2012 #3
Any case tama Aug 2012 #4
"The Swedish government cannot undertake to never render him to the USA." OnyxCollie Aug 2012 #6
That's an assertion they cannot make muriel_volestrangler Aug 2012 #8
Ask Bradley Manning. OnyxCollie Aug 2012 #9
I think the "blinded by hero-worship" can be more accurately aimed at Assange admirers here muriel_volestrangler Aug 2012 #10
Keep babbling. OnyxCollie Aug 2012 #11
The magistrate for "Judicial Authority in Sweden -v- Julian Paul Assange" determined: struggle4progress Aug 2012 #5
Assange Derangement Syndrome. OnyxCollie Aug 2012 #7

Kalidurga

(14,177 posts)
1. What is the obsession here?
Sun Aug 19, 2012, 02:24 AM
Aug 2012

Why the rush to judgement and such a williness to assume guilt. I will say there is a possibility he is guilty. But, his crime I don't think warrants an international incident if it is as described.

intaglio

(8,170 posts)
2. You might wish to improve your comprehension skills
Sun Aug 19, 2012, 03:20 AM
Aug 2012
"... owing to well founded fear of being persecuted for reasons of ... political opinion ..."
Mr Assange does fear such persecution for his political opinions. He fears his opinion that open government is preferable to secrecy has places him at risk of persecution by the USA and that Sweden is likely to assist the USA in that persecution.

"shall not apply to any person with respect to whom there are serious reasons for considering that … he has committed a serious non-political crime outside the country of refuge".
Mr Assange has not committed a "serious non-political crime". The European Arrest Warrant has been issued to force Mr Assange to return, unnecessarily, to Sweden for questioning regarding a sexual offense. This is not a serious crime although the sexual offense might be so considered - except he was not to be rendered to Sweden for the sexual offense.

Mr Assange rightly fears a political and diplomatic motive behind intransigence of the Swedish prosecutor. Consider the following:
1) Mr Assange has offered to let himself be questioned outside Sweden - a procedure that is honoured by precedent. This has been refused.

2) Mr Assange has repeatedly offered to return to Sweden on condition that the Swedish government undertakes not to render him to the USA. The Swedish government has refused to give such an undertaking.

Now take your posturing and selective quotations of opinion pieces and put them where the sun does not shine. You are a valuable member of the DU community - but you are rendering yourself a laughing stock by your continued vendetta against Mr Assange.

muriel_volestrangler

(101,322 posts)
3. The quote includes "serious reasons for considering that"
Sun Aug 19, 2012, 08:08 AM
Aug 2012

It seems to me that, by ignoring that bit, it is you who is indulging in selective quotation by just stating 'Mr Assange has not committed a "serious non-political crime"', and 'this is not a serious crime'. They do, however, have the serious reasons for considering that he did. Ecuador says that, without their concern that the USA will try to extradite him from Sweden, they would want him to return to Sweden for the questioning. This rather shoots down the idea that there is a problem with the arrest warrant. Ecuador has decided to put his fear of US extradition above the normal extradition process, and The Guardian is pointing out that this decision goes against the UN convention.

The Swedish government cannot undertake to never render him to the USA. That would (a) be political interference in the judicial process (b) be a promise to ignore any future evidence given to Sweden.

Your point about questioning outside Sweden does have some merit. I believe that the case Sweden puts forward is along the lines of that if, at the interview, he refuses to answer some questions, they would have the right, in Sweden, to put him in custody as not co-operating, and to proceed with charges, while they wouldn't be able to do that outside the country.

 

tama

(9,137 posts)
4. Any case
Sun Aug 19, 2012, 08:36 AM
Aug 2012

The chance of Assange getting a fair trial in Sweden is long past. That went away when the original prosecutor - very unlawfully - confirmed suspects name to media. And now as the case is very public, all the Swedish opinions hostile to Assange that the OP keeps spreading just confirm that fair trial would be impossible. Secrecy in rape cases is there for a reason, to protect both victims and the suspect.

 

OnyxCollie

(9,958 posts)
6. "The Swedish government cannot undertake to never render him to the USA."
Sun Aug 19, 2012, 12:01 PM
Aug 2012

CONVENTION AGAINST TORTURE and Other Cruel, Inhuman or Degrading Treatment or Punishment
http://www.hrweb.org/legal/cat.html

Article 3

No State Party shall expel, return ("refouler&quot or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.
For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights.

If Assange is extradited to the US, he'll be subjected to torture.

muriel_volestrangler

(101,322 posts)
8. That's an assertion they cannot make
Sun Aug 19, 2012, 12:22 PM
Aug 2012

In fact, it's almost certainly wrong. When has Obama had someone tortured?

 

OnyxCollie

(9,958 posts)
9. Ask Bradley Manning.
Sun Aug 19, 2012, 12:40 PM
Aug 2012
Daniel Ellsberg: I Congratulate Ecuador for Standing Up to British Empire to Protect Julian Assange
http://www.democracynow.org/2012/8/17/daniel_ellsberg_i_congratulate_ecuador_for#transcript

AMY GOODMAN: Julian Assange’s statement after the Ecuadorean government granted him political asylum, he said, "I’m grateful to the Ecuadorean people, President Rafael Correa and his government. It was not Britain or my home country, Australia, that stood up to protect me from persecution, but a courageous, independent Latin American nation. While today is a historic victory, our struggles have just begun. The unprecedented U.S. investigation against WikiLeaks must be stopped."

And Assange went on to say, "While today much of the focus will be on the decision of the Ecuadorean government, it is just as important that we remember Bradley Manning has been detained without trial for over 800 days. The task of protecting WikiLeaks, its staff, its supporters and its alleged sources continue." That from Julian Assange’s statement yesterday. Final comment, Dan Ellsberg?

DANIEL ELLSBERG: Absolutely. There’s no reason to believe that he would get what in past years, including my time when I was prosecuted, would pass for a fair trial or for fair treatment in this country. I’m sorry to say that there’s been something like a coup some 10 years ago, an executive coup against our Constitution and against the separation of government. It’s outrageous that Bradley Manning’s trial has again been postponed by the action of the government 'til next spring. He will have spent—he's already spent more than 800 days in confinement, 10 months of it and more in conditions that Amnesty International called torture. The idea that President Obama ended torture is simply not true. He didn’t end it even in this country, in terms of isolated commitment, incommunicado, basically, and conditions of nudity, in some cases, intended to humiliate him—all intended to press him to cop a plea and reduce his sentence from the life sentence they’re asking to a much lower sentence, if he will only implicate Julian Assange in ways that would allow them to bring a trial without great embarrassment.


Why does Daniel Ellsberg hate America?

The Obama administration stopped investigations of torture, both here and abroad (which is itself a violation of the Geneva Convention.)

I read about it in WikiLeaks.

Obama called on the former general chairman of the RNC to stop Spain's investigation of US torture crimes.

WikiLeaks: How U.S. tried to stop Spain's torture probe
http://www.mcclatchydc.com/2010/12/25/105786/wikileaks-how-us-tried-to-stop.html

MIAMI — It was three months into Barack Obama's presidency, and the administration -- under pressure to do something about alleged abuses in Bush-era interrogation policies -- turned to a Florida senator to deliver a sensitive message to Spain:

Don't indict former President George W. Bush's legal brain trust for alleged torture in the treatment of war on terror detainees, warned Mel Martinez on one of his frequent trips to Madrid. Doing so would chill U.S.-Spanish relations.



US embassy cables: Don't pursue Guantánamo criminal case, says Spanish attorney general
http://www.guardian.co.uk/world/us-embassy-cables-documents/202776?INTCMP=SRCH

6. (C) As reported in SEPTEL, Senator Mel Martinez, accompanied by the Charge d'Affaires, met Acting FM Angel Lossada during a visit to the Spanish MFA on April 15. Martinez and the Charge underscored that the prosecutions would not be understood or accepted in the U.S. and would have an enormous impact on the bilateral relationship. The Senator also asked if the GOS had thoroughly considered the source of the material on which the allegations were based to ensure the charges were not based on misinformation or factually wrong statements. Lossada responded that the GOS recognized all of the complications presented by universal jurisdiction, but that the independence of the judiciary and the process must be respected. The GOS would use all appropriate legal tools in the matter. While it did not have much margin to operate, the GOS would advise Conde Pumpido that the official administration position was that the GOS was "not in accord with the National Court." Lossada reiterated to Martinez that the executive branch of government could not close any judicial investigation and urged that this case not affect the overall relationship, adding that our interests were much broader, and that the universal jurisdiction case should not be viewed as a reflection of the GOS position.



Judd Gregg, Obama's Republican nominee for Commerce secretary, didn't like the investigations either.

US embassy cables: Don't pursue Guantánamo criminal case, says Spanish attorney general
http://www.guardian.co.uk/world/us-embassy-cables-documents/202776?INTCMP=SRCH

4. (C) As reported in REF A, Senator Judd Gregg, accompanied by the Charge d'Affaires, raised the issue with Luis Felipe Fernandez de la Pena, Director General Policy Director for North America and Europe during a visit to the Spanish MFA on April 13. Senator Gregg expressed his concern about the case. Fernandez de la Pena lamented this development, adding that judicial independence notwithstanding, the MFA disagreed with efforts to apply universal jurisdiction in such cases.



Why the aversion? To protect Bushco, of course!

US embassy cables: Spanish prosecutor weighs Guantánamo criminal case against US officials
http://www.guardian.co.uk/world/us-embassy-cables-documents/200177

The fact that this complaint targets former Administration legal officials may reflect a "stepping-stone" strategy designed to pave the way for complaints against even more senior officials.



Eric Holder got the message.

Holder Says He Will Not Permit the Criminalization of Policy Differences
http://abcnews.go.com/Politics/story?id=7410267&page=1

As lawmakers call for hearings and debate brews over forming commissions to examine the Bush administration's policies on harsh interrogation techniques, Attorney General Eric Holder confirmed to a House panel that intelligence officials who relied on legal advice from the Bush-era Justice Department would not be prosecuted.

"Those intelligence community officials who acted reasonably and in good faith and in reliance on Department of Justice opinions are not going to be prosecuted,"
he told members of a House Appropriations Subcommittee, reaffirming the White House sentiment. "It would not be fair, in my view, to bring such prosecutions."



CIA Exhales: 99 Out of 101 Torture Cases Dropped
http://www.wired.com/dangerroom/2011/06/cia-exhales-99-out-of-101-torture-cases-dropped/

This is how one of the darkest chapters in U.S. counterterrorism ends: with practically every instance of suspected CIA torture dodging criminal scrutiny. It’s one of the greatest gifts the Justice Department could have given the CIA as David Petraeus takes over the agency.

Over two years after Attorney General Eric Holder instructed a special prosecutor, John Durham, to “preliminar(ily) review” whether CIA interrogators unlawfully tortured detainees in their custody, Holder announced on Thursday afternoon that he’ll pursue criminal investigations in precisely two out of 101 cases of suspected detainee abuse. Some of them turned out not to have involved CIA officials after all. Both of the cases that move on to a criminal phase involved the “death in custody” of detainees, Holder said.

But just because there’s a further criminal inquiry doesn’t necessarily mean there will be any charges brought against CIA officials involved in those deaths. If Holder’s decision on Thursday doesn’t actually end the Justice Department’s review of torture in CIA facilities, it brings it awfully close, as outgoing CIA Director Leon Panetta noted.

“On this, my last day as Director, I welcome the news that the broader inquiries are behind us,” Panetta wrote to the CIA staff on Thursday. “We are now finally about to close this chapter of our Agency’s history.”


Obama's pledge to stop torture exempted military special ops. (Gotta have some wiggle room.)

Too bad you're blinded by hero-worship.

muriel_volestrangler

(101,322 posts)
10. I think the "blinded by hero-worship" can be more accurately aimed at Assange admirers here
Sun Aug 19, 2012, 01:07 PM
Aug 2012

No, Amnesty did not call the treatment of Manning 'torture'. It was also in military detention, which would not be where Assange would be held.

 

OnyxCollie

(9,958 posts)
11. Keep babbling.
Sun Aug 19, 2012, 01:22 PM
Aug 2012

Daniel Ellsberg: I Congratulate Ecuador for Standing Up to British Empire to Protect Julian Assange
http://www.democracynow.org/2012/8/17/daniel_ellsberg_i_congratulate_ecuador_for#transcript

So I think that—in fact, I join his lawyers, Michael Ratner and others, in saying that he has every reason to be wary that the real intent here is to whisk him away to America, where it really hasn’t been made as clear what might be waiting for him as I think one can conjecture. The new National Defense Authorization Act—and I’m a plaintiff in a suit to call that act unconstitutional, in terms of its effect on me and on others, a suit that has been successful so far at the district court level and has led to that act being called unconstitutional. But on its face, that act could be used against Julian Assange or Bradley Manning, if he weren’t already in military custody. Julian Assange, although a civilian, and not an American civilian at that, would seem to me, a layman, to be clearly subject to the National Defense Authorization Act, the NDAA, putting in military detention for suspicion of giving aid to an enemy, which he’s certainly been accused of by high American officials. I don’t see why he couldn’t be put in indefinite contention, without even the charges that I faced 40 years ago for doing the exact same things that he did.

...

Keep parsing.

From Amnesty International:
http://www.amnesty.org/en/library/asset/AMR51/006/2011/en/df463159-5ba2-416a-8b98-d52df0dc817a/amr510062011en.pdf

The conditions under which PFC Manning is held appear to breach the USA’s obligations under international standards and treaties, including Article 10 of the International Covenant on Civil and Political Rights (ICCPR) which the USA ratified in 1992 and which states that “all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person”. The UN Human Rights Committee, the ICCPR monitoring body, has noted in its General Comment on Article 10 that persons deprived of their liberty may not be “subjected to any hardship or constraint other than that resulting from the deprivation of liberty; respect for the dignity of such persons must be guaranteed under the same conditions as for that of free persons ...”.

The harsh conditions imposed on PFC Manning also undermine the principle of the presumption of innocence, which should be taken into account in the treatment of any person under arrest or awaiting trial. We are concerned that the effects of isolation and prolonged cellular confinement – which evidence suggests can cause psychological impairment, including depression, anxiety and loss of concentration – may, further, undermine his ability to assist in his defence and thus his right to a fair trial.

...

struggle4progress

(118,295 posts)
5. The magistrate for "Judicial Authority in Sweden -v- Julian Paul Assange" determined:
Sun Aug 19, 2012, 10:30 AM
Aug 2012
... 1. There is an unequivocal statement that the purpose of the warrant is for prosecution.
2. I am satisfied, looking at the warrant as a whole, that the requested person is an “accused” within section 2(3)(a) of the Extradition Act and is wanted for prosecution under Section 2(3)(b) of the Act.
3. The court must construe the words in the Act in a cosmopolitan sense and not just in terms of the stages of English criminal procedure.
4. As this warrant uses the phrases that are used in the English language version (and indeed the Swedish language version) of the EAW annexed to the Framework Decision, there is no (or very little) scope for argument on the purpose of the warrant ...
9. As a matter of fact, looking at all the circumstances in the round, this person passes the threshold of being an “accused” person and is wanted for prosecution ...


Attempting to describe Assange's current stage in the Swedish process, in terms of English criminal procedure, is not entirely straightforward. Assange is not wanted in Sweden for what would simply be called "questioning" in English criminal procedure. But for the purposes of the UK courts, the purpose of the warrant is for prosecution and Assange qualifies as an “accused” person and is wanted for prosecution
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