Pablo Picasso Rest (Marie-Thérèse Walter) 1932
With the news that Julian Assange is “wasting away” in Belmarsh prison hospital, and with UN rapporteur Professor Nils Melzer’s report detailing how this happens, I’m once again drawn towards the lawlessness that all “authorities” involved in his case have been displaying, and with impunity. They all apparently think they are literally above the law. Their own laws.
But they can’t be, nowhere, not above their respective national laws nor the international ones their countries have signed up to. They can’t, because that would instantly make any and all laws meaningless. So you tell me where we find ourselves today.
There’s this paragraph in an article by Jonathan Cook entitled Abuses Show Assange Case Was Never About Law, which lists “17 glaring anomalies in Assange’s legal troubles”, that sums it all up pretty perfectly:
Australia not only refused Assange, a citizen, any help during his long ordeal, but prime minister Julia Gillard even threatened to strip Assange of his citizenship, until it was pointed out that it would be illegal for Australia to do so.
See, Cook is already skipping a step there. Gillard didn’t take Assange’s citizenship away, because that is against Australian law, but it’s just as much against Australian law for a government to let one of its citizens rot in some kind of hell. Still, they did let him rot, but as an Australian citizen. At that point, what difference does anything make anymore?
This is a pattern that runs through the entire Assange “file”, and it does so to pretty astonishing levels. Where you’re forced to think that the countries involved effectively have no laws, and no courts, because if they did, the actions by their governments would surely be whistled back by parliaments or judges or someone, anyone. They’re all essentially lawless.
There are 5 principal countries involved in the case (that doesn’t absolve any other country from its own responsibility for speaking out when international laws are broken). In alphabetical order, they are Australia, Ecuador, Sweden, the UK and the US. We can go through them in that order.
Australia: The above already mostly sums up where Australia comes up short, i.e. fails miserably to such an extent that both its legal and its political system should long have sounded a five alarm -but didn’t-. A government cannot abandon its own citizens abroad, just because it doesn’t agree with what that citizen has done or said.
It can’t do that even if that citizen is a Hannibal Lecter or an Adolf Hitler, and Julian Assange is very far removed from either. Nor has anyone ever even claimed that Assange broke even one Australian law, let alone proven it. What it comes down to then is that it’s the government that has broken its own laws, not Assange. That, too, is a pattern, it holds for all 5 countries I mentioned above.
It’s not Assange who breaks laws and should be persecuted for that, it’s the politicians who form the governments of these countries. Plus of course the parliamentarians tasked with controlling them. And the legal systems as well as the press tasked with controlling the entire system.
UN rapporteur Nils Melzer says in his report: “Australia is a glaring absence in this case. They’re just not around, as if Assange was not an Australian citizen. That is not the correct way of dealing with that.”
Ecuador: This country’s former president, Rafael Correa, followed international law on asylum in the exact way it was framed and intentioned, by granting Julian Assange asylum in the summer of 2012. But his successor and former friend Lenin Moreno broke that law in the most flagrant ways imaginable.
Ecuador is a signatory country to both the United Nations Human Rights Council and the Inter-American Court of Human Rights. Moreno’s actions, which have led to UK police dragging Assange out of the Ecuador embassy in London, which international law says is Ecuadorian territory in which the UK has no jurisdiction, violate an entire litany of laws, rules and regulations phrased by both these international bodies, as well as Ecuador’s own laws (if only because they ARE a signatory member of both).
Asylum laws, necessarily international, have zero meaning if and when a country seeks to (re-)interpret them whenever the wind changes direction and/or a new government is installed. Asylum laws are there to last. You can’t throw out a person your country has previously granted asylum just because someone offers you a bag of money. That is the exact reason why there are such laws.
And every single country that is a signatory to these laws MUST protest what Moreno did to Assange, lest the laws covering asylum become invalid overnight. Well, that’s what they have become in April. For every single country, and for every single human being. That’s how far-reaching the events are.
Does phrasing it like that perhaps make it -a little bit- clearer how big an issue this is, that if it doesn’t apply to Assange, it by default doesn’t apply to anyone anymore? That his case wipes out many decades of jurisprudence, established after, and because of, two world wars and many other atrocities? That Assange’s treatment throws us back in time at least a full century?
Everyone NOT protesting what has been done to Assange had better think again. If you are a law student, lawyer, a judge in a democratic country, you have an obligation here, as much as all politicians have. It makes no difference what you think about Assange or what he’s done.
Sweden: The Swedes have sex crime laws that apparently are different from anyone else’s, more strict etc. Maybe they think they know better than everyone else?! In Assange’s story, this means they have closed the file on him on 2010, 2013 and 2017, but re-opened it again and again, for reasons that are not immediately clear -to me-.
This appears to indicate that once you’re suspected, let alone accused, of for instance rape, you may never be able to clear your name anymore. And don’t let’s forget that Assange was never charged with anything, not one single thing, all the way back to 2010.
From what we know, the two women mentioned in the case never wanted to file a complaint against him. But the police did. And then that complaint was thrown out. And revived. He was specifically allowed to leave the country after staying on for over a month, and then shortly after he did leave for London a Swedish prosecutor filed an Interpol Red Notice against him, something hitherto exclusively reserved for terrorists and war criminals.
Prosecutor Marianne Ny refused to interview Assange in London for years, though other such interviews – by Swedish prosecutors in Britain- took place 44 times during Assange’s stay in the Ecuador embassy. The UK even told Sweden not to close the case. And there’s still so much more that happened in Sweden. There is a term for a country that behaves like this: a rogue state.
The UK: Former UK ambassador and Assange adviser Craig Murray probably summarizes it best today when he says the UK has become a rogue state. This is true as well for Australia, Ecuador, Sweden and the US. It is the inevitable consequence of flouting the law.
Professor Melzer is the United Nations Special Rapporteur on Torture. Professor Melzer is Swiss. He is an extremely distinguished lawyer and Professor of International Law at the University of Glasgow in addition to Professor of International Humanitarian Law at the Geneva Academy. He served 12 years as a Red Cross Delegate. There is no doubting either Professor Melzer’s expertise or his independence in this matter. When Professor Melzer says that “UK courts have not shown the objectivity and impartiality required by law”, people should sit up and listen.
I have detailed judge Michael Snow calling Assange a “narcissistic personality” in a brief hearing in which Assange had said virtually nothing but “not guilty”, on the basis of prejudice Snow brought with him into the courtroom. Snow convicted him summarily of bail jumping and sentenced him to a virtually unprecedented 50 weeks.
I have detailed Judge Arbuthnot, wife of a former Tory Defence Minister who co-owns a company with a former Head of MI6, mocking Assange and saying he can get all the exercise his health required on a Juliet balcony, as she dismissed a motion to have the bail charges dropped. I have detailed Judge Phillips of the Supreme Court choosing to rely on the French text and discount the English text of a treaty in arguing extradition was in order.
The bias of the British courts has been palpable and stinking.[..] when the United Nations Working Group on Arbitrary and Illegal detention ruled that Julian was being held against his will in the Ecuadorean Embassy and should be permitted to leave to Ecuador, in repudiating the UN Working Group – whom the UK had supported in every single one of hundreds of previous cases – then Foreign Secretary Philip Hammond stood up in the Commons and denounced the UN Working Group as being “lay people not lawyers”, when in fact every single one of the panel is an extremely distinguished international lawyer.
Hammond’s lie to parliament did not surprise me; but I was genuinely astonished that the entire corporate and state media went along with this most blatant of lies and did not call it out. The BBC, Times, Financial Times, Guardian all reported Hammond’s comment that the UN panel were “not lawyers”. None of them would agree to publish a correction of this basic and easily verifiable fact.
Britain no longer makes a pretence of obeying the rule of international law. It simply refuses to acknowledge the concerns of the UN in the Assange case, happily dependent on the bubble of prejudice the political and media elite have manufactured. This is part of a general pattern of direspecting the UN. Theresa May as Home Secretary refused to let the UN Special Rapporteur on Violence Against Women inside Yarls Wood immigration detention centre to inspect conditions there. The Tory government reacted to the recent shocking UN report on poverty in the UK – none of the basic facts of which are challenged – by seeking to have the UN Rapporteur removed.
When you add this together with the UK’s refusal to accept the 13-1 Opinion of the International Court of Justice that the Chagos Islands belong to Mauritius, and the UK’s refusal to accept the ruling of the agreed International Chambers of Commerce Court of Arbitration that Britain must pay its debt to Iran, you get what is a very clear picture that the UK has gone full rogue state and has simply abandoned its support for the system of international law which was in very large part a UK creation.
UK Foreign Secretary Jeremy Hunt yesterday thought attack is the best defense and called out Professor Melzer for his criticism of the UK. Melzer responded by implying Hunt doesn’t know his own laws.
I was thinking when I saw the “conversation” that Hunt is basically implying Assange tortured himself. And that doesn’t just demonstrate poor knowledge of the law, that is full-blast BS. Because no matter what led to Assange seeking refuge in the Ecuador embassy, according to international law he always, under any and all circumstances, has (among other things) the right to proper medical care. The UK has refused him that.
It doesn’t even have anything to do with him being free to leave or not. Which he evidently was not. Moreover, other than skipping bail Assange didn’t do anything illegal, and under asylum laws, he had a right to skip bail. Once again, it’s not Assange who has broken laws, it’s everyone else involved in this tragic saga. And even if Assange had broken a law, he still would have had the right to proper medical care.
The US: Where to even start? The American hunt for Assange is a decade old and has recently escalated when they could get heir hands on the new Ecuador president. Then they invoked the much ridiculed 1917 Espionage Act to accuse a foreign national of spying. And whatever Assange has done, spying it is not.
But they obviously think they can get Eastern District of Virginia Judge Leonie Brinkema (aka the hanging judge) to pretend that it is, or at least that some of what he’s done falls under a law that almost everyone agrees should have been abolished long ago.
What Nils Melzer also mentioned in his report on Assange is that certain parts of the Espionage Act allow for the death penalty. Not those that he has been charged under so far, but they could attempt to stick them on. Which would make it illegal for the UK to extradite Julian Assange. But who still thinks these people give one flying hoot about the law?
For them, laws are things they use to further their means, nothing else. Other than that, they care nothing for the laws that govern their countries, even though they are the very same laws that allowed them to assume their power.
They think they’re going to get away with the murder of Julian Assange. Unhindered by any law. That means there no longer is a functioning -international- legal system. There are only rogue states left.
