Then, we are also, with the United States, unfortunately, dealing with a country that in the last 20 years has not shown to be consistent in enforcing the prohibition of torture with its own officials. We can speak to the Senate committee report that has not led to a single prosecution, contrary to their obligations under the Convention Against Torture. Obviously, the "Collateral Murder" video has not led to any prosecutions, either. The only person that is being prosecuted here seems to be the one that actually exposed all of these crimes. And so, in this type of context, it is almost not conceivable that a person like Mr. Assange could ever be acquitted and ever get a fair court trial.
AMY GOODMAN: And any kind of guarantee that he would not receive the death penalty?
NILS MELZER: Well, I would expect the United States to respect its own assurances. But, you know, the death penalty is one concern. But, on the other hand, if someone gets sentenced to basically life without parole or 170 or 180 years in prison, which would be equivalent to that, for having conducted investigative journalism, then that really would amount, in itself, to a cruel and unusual punishment. I would say that would be in violation of international law, but also of the Eighth Amendment of the U.S. Constitution.
AMY GOODMAN: And finally, what are you calling for, Nils Melzer?
NILS MELZER: Well, I think, first of all, the four countries that I appealed to, that I've written formal letters to, should recognize that the way they handled this affair violated the Convention Against Torture, that they have to stop in their tracks, they have to really investigate the circumstances that led to this situation, and then also, obviously, take measures for remedy.
If Mr. Assange really has committed a criminal offense, obviously he will have to respond for that. But then he has to be given the chance to develop a defense, have sufficient contact with his lawyers and receive the guarantees that his human rights are really protected. He cannot be tried in an environment that is severely prejudiced and shows only bias against him.
My personal recommendation would simply be to release him, because he has already suffered enough. But, as a lawyer, I can acknowledge that there may be a formal requirement to conduct certain proceedings. But it is extremely important that his human rights are now being respected, that there is an independent observation of how these trials are being conducted, and especially that his medical state of health be stabilized and he's given sufficient time to recover, to regain strength, to be able to face whatever he has to face.
AMY GOODMAN: And again, those four countries, United States, Britain, Ecuador and Sweden, the U.N. Special Rapporteur on Torture Nils Melzer has accused them of "collective persecution." Nils Melzer, I want to thank you very much for being with us, U.N. special rapporteur or torture, human rights chair of the Geneva Academy of International Humanitarian Law and Human Rights, professor of international law at University of Glasgow and author of several books on international law.
For our interviews with Julian Assange, go to democracynow.org.
When we come back, we look at the incredible history of the underground feminist abortion service Jane, which operated in the years before Roe v. Wade made abortion legal across the country. We'll speak with two of the former members of the Jane Collective. Stay with us.
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