Tuesday, February 9, 2016

UN Ruling on Assange Exposes UK Lawlessness

"Freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed" - Martin Luther King, Jr.

For any student of modern propaganda techniques, the ruling announced last week in favor of WikiLeaks founder and editor-in-chief Julian Assange by the United Nations Working Group on Arbitrary Detention (UNWGAD) has provided fertile ground for research. Indeed, the level of media frenzy sparked by the ruling can be regarded as a barometer of the power and extent of establishment forces ranged against him and his organization.

UNWGAD found that the predicament of Assange amounts to 'arbitrary detention', a legal term that is clearly defined, deriving from Article 9 of the Universal Declaration of Human Rights, a document that both the United Kingdom and Sweden are signatories to. Article 9 states that 'no one shall be subjected to arbitrary arrest, detention or exile'. Arbitrary arrest or detention 'are the arrest or detention of an individual in a case in which there is no likelihood or evidence that they committed a crime against legal statute, or in which there has been no proper due process of law'. 'Due process' is defined as 'the legal requirement that the state must respect all legal rights that are owed to a person'.

Dr. Roslyn Fuller, a lecturer in International Law based in Ireland, has this to say about the ruling:

The Working Group stated they considered Assange’s case to fall under Category III, which covers cases where a trial does not comply with international human rights norms. The Working Group found that Sweden and the UK have pursued Assange in a disproportionate manner, given that the Swedish prosecutors could have questioned Assange at any point and he had declared himself willing to cooperate.

The two claims against Assange that were ‘dropped’ by the prosecutor last year were dropped because they were about to become time-barred. The prosecutor chose to allow this rather than to question Assange. One would think that if the prosecution had the interests of the alleged victims at heart, they may have chosen to pursue questioning in the UK – a common enough activity – rather than let the investigation lapse.

So while Assange may be holding out, so is Sweden, and nations have obligations to move the wheels of justice along as swiftly as practicable. The Working Group’s assessment is basically, “how hard can it be to conduct a preliminary investigation?” with the implication that if the prosecutor were serious, they would have gotten this wrapped up by now.

Furthermore, the Working Group found that “the grant itself and the fear of persecution on the part of Mr Assange based on the possibility of extradition, should have been given fuller consideration in the determination and the exercise of criminal administration, instead of being subjected to a sweeping judgment as defining either merely hypothetical or irrelevant”.

In other words, British and Swedish authorities should have considered that Assange’s fear of persecution might be founded and questioned him in the embassy, something it was perfectly possible to do with minimal effort in the interests of pushing their case forward. Questioning Assange at the embassy would not have jeopardized their case, whereas coming out of the embassy could have jeopardized Assange’s life. Thus, it would be disproportional to force him to do so when there was nothing to be gained by it. Assange’s interest in being protected from extradition to the United States outweighed the Swedish prosecution’s interest that he only be questioned in Sweden. Dismissing these concerns out-of-hand was arbitrary.


Even before UNWGAD's announcement, serious pressure will have been felt by members of the group not to rule for Assange, according to the former chair, Norwegian lawyer Mads Andenas, as he explains in this short radio interview. Although reluctant to provide specifics, he makes it clear that any ruling against 'big' nations like the UK or the US face considerable institutional resistance.

The media reported the ruling before its announcement, allowing the headlines to get the digs in early. This BBC article stated: 'Julian Assange is being "arbitrarily held", UN panel to say'. In casual speech, 'arbitrarily' is often used in a roughly synonymous manner to 'randomly', implying that the UK is randomly detaining Assange. Cue an avalanche of outrage and indignation on social media and elsewhere from casual news readers deeply offended at the suggestion that the UK is somehow behaving like a dictatorship and randomly applying justice, given that Assange is of course free to leave the embassy at any time and further given that through relentless media disinformation and misinformation for years, the average news consumer now believes that Assange must 'face justice'.

A Downing Street spokesman was on hand to supply fuel for the fire: "We have been consistently clear that Mr Assange has never been arbitrarily detained by the UK but is, in fact, voluntarily avoiding lawful arrest by choosing to remain in the Ecuadorean embassy."

This statement also employs the non-legal use of the term 'arbitrary'. Readers, the vast majority of whom have little or no knowledge of or concern about the details of the Assange case, are therefore given validation of an already misleading statement by an authority figure: classic psychological manipulation.

UK Foreign Secretary Philip Hammond rejected the UN group ruling, condemning it as 'ridiculous'. Mr. Hammond, who has no legal expertise or background, further made the false claim that the group is made up of 'lay people, not lawyers' and that the ruling is 'flawed in law'. [Note: Former Guardian journalist Jonathon Cook expands on this point expertly here]

The corporate media was also on hand to deride and condemn the ruling. The Guardian's Marina Hyde, who has form smearing Julian Assange, wrote a rambling, vindictive, error-strewn article that has to be read to be believed. She then engaged in a smug, arrogant and self-congratulatory round of 'banter' [here and here] with like-minded journalist mates on Twitter, displaying a staggering level of contempt for a man described by the United Nations as deprived of liberty (add sunlight to that) for years as well as an embarrassing lack of awareness of her own gatekeeper role. It raises serious questions about editorial integrity at the Guardian, a newspaper of record, that a journalist with such obvious dislike for the subject of her article (with precedent) was permitted to write an analysis of a major story like this, particularly in light of the fact that Hyde usually covers showbiz and, by her own admission, has no detailed familiarity with the Assange case.

Social media lit up as soon everyone became an expert on international law and the qualifications and credentials of the members of UNWGAD. Comments below the line of articles all over the world slammed Assange with the usual tired and long discredited arguments.

The first wave of attack generally concerns the allegations of rape. It takes only a short period of research to find out the facts. [Note: anyone who believes they know what they are talking about with regard to the Assange case should read this FAQ here]

From the FAQ [emphasis (bold) mine]:

[] new information has emerged that both women explicitly deny having been raped by Mr. Assange. In a statement to the UK Supreme Court, the prosecutor acknowledged that the complainants wished only to ask the police for advice about HIV tests, having discovered they’d had both had sex with Mr. Assange. (There has never been an allegation Mr. Assange has HIV.) Neither of the women wished to lodge a formal complaint.

The woman of whom Mr. Assange is accused of the offence of "lesser rape" (a technical term in Swedish law) sent an SMS to a friend saying that she "did not want to accuse JA [of] anything" and "it was the police who made up the charges". The other woman tweeted in 2013 that she had never been raped. Both women’s testimonies say that they consented to the sex. A senior prosecutor already dismissed the ’rape’ accusation, saying that there were no grounds for accusing Mr. Assange on this basis. But a third prosecutor, lobbied by a politician who was running for attorney general, took over the investigation and resurrected the accusations against Mr. Assange. Due to the great number of incorrect reports [], it is best to rely on primary source documents in this matter, which are on the internet and the UK Supreme Court "Agreed Statements of Facts" agreed to by the UK, the Swedish authoritiesm and Mr. Assange’s legal team. (See here and here.)


The women themselves in their own words explicitly say they were not raped. The women themselves in their own words said they had no wish to lodge a complaint. Yet to the experts in the corporate media and on social media or below the line, Assange is apparently a 'cowardly rapist' who is 'holed up' in an embassy 'evading justice'. They occasionally even remember to write 'alleged' before 'rapist'.

The next line of attack concerns Assange's alleged evasion of justice. Yet Assange left Sweden on 27th September 2010 without impediment from prosecutor Marianne Ny, who had been assigned to the case from September 1st. It is worth noting that if this case was so serious that it became an international incident leading to the (very unusual) issuance of an Interpol Red Notice, and if the well-being of the alleged rape victims was such a priority for the prosecutor, the fact that Ny did nothing to question Assange before he left as a matter of urgency is highly suspicious.

It is also notable that Assange's Swedish lawyer, Bjorn Hurtig, made some very disturbing claims with regard to the two women involved:

Julian Assange's Swedish lawyer was shown scores of text messages sent by the two women who accuse him of rape and sexual assault, in which they speak of "revenge" and extracting money from him, an extradition hearing was told.

Björn Hurtig, who represents the WikiLeaks founder in Sweden, told Belmarsh magistrates court that he had been shown "about 100" messages sent between the women and their friends while supervised by a Swedish police officer, but had not been permitted to make notes or share the contents with his client.

"I consider this to be contrary to the rules of a fair trial," he said. A number of the messages "go against what the claimants have said", he told the court.

...

One message referred to one of the women being "half asleep" while having sex with Assange, Hurtig said, as opposed to fully asleep. "That to my mind is the same as saying 'half awake'." One of the women alleges that Assange had sex with her while she was sleeping.


Before destroying a man's reputation an objective, honorable or honest person would first look into the details and circumstances surrounding the case. Such considerations obviously do not apply to Assange.

One final line of attack is the idea that Assange is 'voluntarily' hiding in the embassy. It is insulting to the intelligence and legal abilities of the UNWGAD lawyers to think that they are incapable of correctly interpreting this unusual situation in legal terms. Anyone believing that they are in danger of political persecution, as Assange does, has the legal right under international law to seek protection on humanitarian grounds. From the FAQ:

International law says that a sovereign country has decided to recognise Mr. Assange as needing protection from political persecution on humanitarian grounds. Mr. Assange has a right to meaningfully exercise that protection through passage to Ecuador. Ecuador invoked a number of applicable conventions, including the 1951 UN Convention on Refugees. The United Kingdom and Sweden are also parties to the 1951 Convention and are obligated to recognise the asylum decision of Ecuador. While both states have been careful to avoid saying that they do not recognise the asylum, their actions can only be interpreted as a wilful violation of Mr. Assange’s right to ’seek, receive and enjoy’ his asylum. In international law, the obligation to protect persons from persecution under the 1951 Refugee Convention prevails over extradition agreements between states.

The United Kingdom says it has a treaty obligation to extradite Mr. Assange to Sweden even though he has not been charged with an offense. There is a conflict between the United Kingdom’s obligations to the 1951 UN refugee convention and its obligations under the European Arrest Warrant system. It is established law that these conflicts are to be resolved in favour of the higher obligation which is to the 1951 convention.

Rather than follow[] international law, the United Kingdom has chosen to interpret the conflict in favor of its geopolitical alliances. The United Kingdom has a history of breaking international law in this manner, for example, in its invasion of Iraq, its cooperation with US rendition operations, and its facilitation of global mass spying via its intelligence service GCHQ. Sweden is also a party to these last two violations.


Assange has reason to be concerned. A secret, long-running US investigation has been mounted against him, according to US Justice Department spokesman Dean Boyd. "The grand jury is a serious business," said Michael Ratner, a human rights lawyer advising Assange. "They're all over this," he added. [Sources here]

Reason for concern indeed given the US approach to whistleblowers like Chelsea Manning, who was tortured while awaiting trial, as well as the US's clear contempt for international laws and conventions, highlighted dramatically when it forced down the plane carrying Bolivian President Evo Morales in the mistaken belief that Edward Snowden was aboard. That case also highlighted the powerful influence the US wields over European nations: France, Italy and Spain all denied airspace to Morales forcing the plane to land in Austria.

The UN ruling puts the UK and Sweden in a very sticky position as they recklessly try to play it both ways. In the past both nations have welcomed rulings by the same group when they benefited their geopolitical priorities, as this Crikey article explains:

What happens when the UN panel that you previously thought was excellent produces a verdict that you don’t like?

That was the problem facing UK Foreign Secretary Philip Hammond (little-known outside the Tory Party and best known for having been a Goth in his younger days, not that there’s anything wrong with that) when the UN Working Group on Arbitrary Detention found in favour of Julian Assange’s complaint that he had been arbitrarily detained by the UK and Sweden.

...

But Hammond’s problem is the Cameron government had a very different view of the WGAD when it ruled that the Burmese regime’s ongoing detention of Aung San Suu Kyi was a breach of international human rights law. “As in its previous five ‘opinions’, the Working Group has found that the continuous deprivation of Daw Aung San Suu Kyi’s liberty is arbitrary, and has requested the government of Myanmar to implement its previous recommendations and to remedy the situation,” Hammond’s predecessor William Hague said in calling for her release. Indeed, it’s been only a few months since the British government was happy to quote the WGAD in its guidance on handling particular types of protection and human rights claims about China.

China is a constant target of the WGAD. Unlike other UN bodies that might be criticised for obsessing about Western governments while ignoring the human rights abuses of dictatorships, WGAD focuses almost entirely on non-Western countries. In the years while Assange has been detained, the Working Group has ruled against China 14 times — with most rulings dealing with multiple detainees — and against Iran nine times, as well as ruling against Cuba and North Korea (again, often covering multiple cases) four times each. Syria, Saudi Arabia, Russia and the Palestinian Authority have also been among its targets. It’s in such company the UK and Sweden now find themselves.

The United States was also happy to cite the WGAD in the case of Alan Gross, who spent several years in a Cuban jail after travelling to the country to provide Cuba’s Jewish community with internet access. US politicians and the State Department were happy to cite WGAD’s finding that Gross was arbitrarily detained. The US Justice Department also cites WGAD decisions in its criticisms of the human rights records of other countries. And the WGAD ruled last August that Iran was holding US journalist Jason Rezaian arbitrarily as well; the State Department also invokes the WGAD’s decision about other imprisoned journalists.

In short, the WGAD is usually a reliable source for Western countries eager to criticise the human rights records of countries like China, Iran and Cuba. But the moment it looks askance at Western practices, it’s “ludicrous” and dismissed.


This episode teaches some lessons. Essential among them is the fact that analysis in the corporate media is now crippled beyond repair, its credibility a smoking wreck. If one desired an analysis of an aspect of astronomy or cosmology, would one read the opinions of a writer who still advocates the Ptolemaic Model of the solar system? The same applies to an analysis of the complicated legal case of Assange by obviously biased and prejudiced non-experts who are given a platform to speak to millions nonetheless. This further applies to much of foreign policy and other areas that require 'nuance' in the corporate media because advertisers are so touchy about what reaches the general public. The only meaningful analyses now come from independent journalists and writers who are free from corporate or government/lobby-group influence.

We also learn that corporate journalists not only act as gatekeepers in their day job, but even in their free time, gleefully towing the establishment line and seemingly oblivious to the deadly consequences of their obfuscations as they help to bring liberal, anti-war opinion over to the 'humanitarian interventionist' camp of the imperialist 'right to protect' doctrine.

Disturbingly we can also acquire a sense of the enormous power wielded behind the scenes by those who want Assange. If the UK and Sweden are willing to reject the findings of a United Nations panel of legal experts, a panel they never had complaints with in the past when they were condemning China etc., then we know that the stakes are as high as they get. The recklessness of this rejection is staggering, as explained by the Center for Constitutional Rights [Emphasis (bold) mine]:

In our briefs to the WGAD, we argued that someone is effectively detained when they are forced to choose between confinement and running the risk of persecution. That is the precise dilemma faced by Mr. Assange, who would lose the protection of his asylum if he stepped out of the embassy. The risk of extradition is the 'fourth wall' for the now repudiated claim that he is free to leave the embassy. As a result, it has been years since Mr. Assange has had access to proper medical care, sunlight, or the ability to see his family.

The WGAD's decision in Mr. Assange's case sets an important precedent for refugees. In our submissions we analogized the situation faced by Mr. Assange to that of asylum-seekers in detention facilities. States may claim that asylum-seekers held in subhuman conditions are not 'detained' because they are technically free to leave for their home country, but this is a non-choice, since the home country would persecute the asylum seeker.


In choosing to reject the UN ruling, not only are Sweden and the UK failing to live up to their treaty obligations because they do not suit their agendas - a working definition of an action of what Western nations traditionally call 'rogue nations' - but they are also putting their own citizens at risk by setting a dangerous precedent that will allow any evil dictator anywhere to also reject the findings of the UN in the future.

It is profoundly telling - a shocking demonstration of the power of media propaganda - that millions of people automatically side with governments who have lied time and time again on every issue imaginable, that have committed some of the most terrible crimes in history, against one man who has risked his freedom and life to expose some of those crimes. The idea that he might have been set up or has been persecuted is summarily dismissed despite the obvious motive for Western governments to do such a thing and despite the enormous amount of documented evidence demonstrating that this is precisely the case.

The Assange situation has long been a farce but now a ruling of the United Nations has been permitted to become a political football. This way utter lawlessness lies. The UK must immediately release and compensate Julian Assange as the UN ruling dictates. Failure to do this will only serve to confirm its status as a rogue nation and US lapdog.

Written by Simon Wood

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