August 20, 2012

Legal myths about the Assange extradition

A brief critical and source-based guide to some common misconceptions.
By David Allen Green Published 20 August 2012 13:49

Whenever the Julian Assange extradition comes up in the news, many of his supporters make various confident assertions about legal aspects of the case.

Some Assange supporters will maintain these contentions regardless of the law and the evidence – they are like “zombie facts” which stagger on even when shot down; but for anyone genuinely interested in getting at the truth, this quick post sets out five common misconceptions and some links to the relevant commentary and material ...

Assange has been afforded more opportunities to challenge the warrant for his arrest than almost any other defendant in English legal history. This is hardly "persecution" or a "witch-hunt".

The English side of the process is now almost over: there is a valid European Arrest Warrant which has to be enforced as a matter of international law ...

http://www.newstatesman.com/blogs/david-allen-green/2012/08/legal-myths-about-assange-extradition

August 20, 2012

If you think their testimony supports your view you believe them; otherwise you call them liars

In #93 (the post to which I was responding), you say
The women both said there was no rape.
http://www.democraticunderground.com/?com=view_post&forum=1002&pid=1150393

But then I confront you with a news story to the contrary in my reply #237
"The other woman wanted to report rape. I gave my testimony to support her story"
http://www.democraticunderground.com/?com=view_post&forum=1002&pid=1166377

And your reaction is to accuse the woman of lying in your response #238
Yes, she lied about her friend. Thanks.
http://www.democraticunderground.com/?com=view_post&forum=1002&pid=1166434

This illustrates quite clearly why we don't try ordinary criminal complaints in the press or on message boards: otherwise, the popular folk would always go scot-free and the unpopular folk would always swing from lamp-posts. I don't know the man or the women, and I don't know whether or not the press reports are accurate. It's an ordinary criminal complaint in Sweden; the Swedish warrant prevailed in open court; and the shifty-eyed forked-tongue double-standards of some Assange supporters will not help resolve the case fairly

August 20, 2012

From your link: "The other woman wanted to report rape. I gave my testimony to support her story"

– Den andra kvinnan ville anmäla för våldtäkt. Jag gav min berättelse som vittnesmål till hennes berättelse och för att stötta henne.
http://www.aftonbladet.se/nyheter/article7652935.ab

August 19, 2012

Wikileaks Greatest Hits: Climategate

This week, as millions of adoring fans around the world celebrate the enduring achievements of Julian Assange, who is currently enjoying the warm hospitality of Ecuador's diplomatic staff in London, it is perhaps appropriate to remember the wonderful things that Wikileaks has brought all of us, wherever we may live

And so, today, we bring you yet another capsule from the story of Wikileaks: Climategate

Some weeks before the 2009 UN Climate Change Conference ("Copenhagen Summit&quot , servers containing documents and emails of the Climatic Research Unit at the University of East Anglia were hacked. Prominent global warming skeptics promptly learned about the material, and a large-scale concerted attack on the integrity of climate science began immediately. The political uproar eclipsed the Copenhagen Summit, which collapsed in chaos and ended without any definite results

And who published the Climate-gate emails? You know! Let's all give Wikileaks another round of applause!

WikiLeaks Tightens Ties To Anonymous In Leak Of Stratfor Emails
Andy Greenberg, Forbes Staff
http://www.forbes.com/sites/andygreenberg/2012/02/27/wikileaks-tightens-ties-to-anonymous-in-leak-of-stratfor-emails/

Assange @ 1:10 ff: "We released over ten years of emails from the CRU and those climate scientists"

August 18, 2012

Australia's secret Assange files

PHILIP DORLING
19 Aug, 2012 02:30 AM

... In a recent freedom of information decision, the Department of Foreign Affairs and Trade confirmed to Fairfax Media the existence of at least two intelligence reports concerning WikiLeaks and Mr Assange from Australia's embassy to the US in February and March this year.

The secret Washington embassy cables, one running to 10 pages, have been withheld from release because they are "intelligence agency documents" ...

Australia's intelligence agencies are represented in Washington and liaise closely with their American counterparts. Other freedom of information decisions have revealed Australian intelligence interest in WikiLeaks and Mr Assange. In December 2010, the Prime Minister, Julia Gillard, received a "top secret" ASIO briefing on WikiLeaks that was accompanied by media talking points concerning ''WikiLeaks release of ASIO-derived information.''

The deputy secretary at Foreign Affairs and Trade, Gillian Bird, consulted with the Australian Secret Intelligence Service when preparing a briefing about WikiLeaks for the former foreign minister Kevin Rudd in December 2010. The entire brief has been withheld on national security grounds. Other diplomatic cables relating to WikiLeaks and Mr Assange sent from the Washington embassy in late 2010 and 2011 have also been withheld.

http://www.portlincolntimes.com.au/news/national/national/general/australias-secret-assange-files/2651610.aspx?storypage=0

August 18, 2012

Assange refused offer of assistance from Australia

Updated 18 August 2012, 14:46 AEST

The Australian Government has confirmed it has had contact with Julian Assange while he has been holed up in the Ecuadorian embassy in London.

Foreign Minister Bob Carr's office says consular officials have spoken with the WikiLeak's founder on eight occasions.

The last conversation was less than two days ago, just before Ecuador granted him asylum.

A spokesman for Senator Carr says Mr Assange was offered consular assistance, but he thanked them and declined the offer ...

http://www.radioaustralia.net.au/international/2012-08-18/assange-refused-offer-of-assistance-from-australia/1001616

August 18, 2012

TEXTO COMPLETO: Declaración del gobierno de Ecuador dando asilo a Assange

... Los abogados de Julian Assange solicitaron a la justicia sueca que tome las declaraciones de Julian Assange en el local de la Embajada de Ecuador en Londres. El Ecuador trasladó oficialmente a las autoridades suecas su voluntad de facilitar esta entrevista con la intención de no interferir ni obstaculizar el proceso jurídico que se sigue en Suecia. Esta medida es perfecta y legalmente posible. Suecia no lo aceptó.

Por otro lado, el Ecuador auscultó la posibilidad de que el Gobierno sueco estableciera garantías para que no se extraditara en secuencia a Assange a los Estados Unidos. De nuevo, el Gobierno sueco rechazó cualquier compromiso en este sentido.

Finalmente, el Ecuador dirigió una comunicación al Gobierno de Estados Unidos para conocer oficialmente su posición sobre el caso Assange ...

La respuesta de los Estados Unidos ha consistido en que no puede ofrecer información al respecto del caso Assange, alegando que es un asunto bilateral entre Ecuador y Reino Unido ...

http://www.lr21.com.uy/mundo/1054252-texto-completo-declaracion-del-gobierno-de-ecuador-dando-asilo-a-assange

August 18, 2012

Foreign Secretary .. on Ecuadorian Government’s decision to offer political asylum to Julian Assange

Foreign Secretary statement on Ecuadorian Government’s decision to offer political asylum to Julian Assange
16 August 2012

... Under our law, with Mr Assange having exhausted all options of appeal, the British authorities are under a binding obligation to extradite him to Sweden. We must carry out that obligation and of course we fully intend to do so. The Ecuadorian Government's decision this afternoon does not change that in any way. Nor does it change the current circumstances in any way. We remain committed to a diplomatic solution that allows us to carry out our obligations as a nation under the Extradition Act.

It is important to understand that this is not about Mr Assange’s activities at Wikileaks or the attitude of the United States of America. He is wanted in Sweden to answer allegations of serious sexual offences.

His case has been heard in our Courts. Following the court decision of 30 May this year, he exhausted all legal options available to him in the UK to prevent his extradition to Sweden. He then entered the Ecuadorian Embassy in London on 19 June. And since then we have worked patiently with the Ecuadorian authorities, both in London and Quito, in private discussions to seek a mutually acceptable resolution to this situation. We have held seven formal discussions as well as many other conversations ...

It is a matter of regret that instead of continuing these discussions they have instead decided to make today’s announcement. It does not change the fundamentals of the case. We will not allow Mr Assange safe passage out of the UK, nor is there any legal basis for us to do so. The UK does not accept the principle of diplomatic asylum. It is far from a universally accepted concept: the United Kingdom is not a party to any legal instruments which require us to recognise the grant of diplomatic asylum by a foreign embassy in this country. Moreover, it is well established that, even for those countries which do recognise diplomatic asylum, it should not be used for the purposes of escaping the regular processes of the courts. And in this case that is clearly what is happening ...

http://www.fco.gov.uk/en/news/latest-news/?view=News&id=800710782

August 18, 2012

Ooo, great link! You won't mind it I quote from it, I'm sure:

30-year-old woman: I was subjected to abuse



30-åriga kvinnan: Jag utsattes för övergrepp

http://www.aftonbladet.se/nyheter/article7652935.ab

August 17, 2012

Assange’s Special Asylum: Why Ecuador Isn’t Nice to Anyone Else

The government of Rafael Correa extends its hospitality to the WikiLeaks founder but is accused of harassing unfriendly journalists and may extradite a whistle-blower from Belarus to face grave charges in the country described as "Europe's last dictatorship"
By Stephan Küffner / Quito | August 16, 2012

Like WikiLeaks founder Julian Assange, Alexander Barankov has worked to expose government misconduct via the Internet. Both men have received refuge on Ecuadorian territory. But while the South American country made world headlines granting Assange diplomatic asylum on Thursday morning, Barankov faces imminent extradition from Ecuador to its new ally Belarus, described by most observers as “Europe’s last dictatorship” ...

The plight of Barankov poses a real test of Ecuador’s commitment to human rights. A former Belarusian army captain, Barankov arrived in Quito in 2008 thanks to the Ecuadorian government’s very liberal immigration laws. He then set up a blog denouncing corruption and other crimes allegedly committed under authoritarian ruler Alexander Lukashenko. Ecuador initially granted him refugee status, but after a state visit by Lukashenko to Quito on June 29, he was arrested and is being held in the capital’s infamous, 19th century prison while the top court hears the case on Belarus’ fresh extradition request. If sent there, according to his partner, Maribel Andrade, he will face charges of treason and could be put to death.

http://world.time.com/2012/08/16/assanges-special-asylum-why-ecuador-isnt-nice-to-anyone-else/