The injustice meted out to Assange is one of the reasons Parliament reformed the Extradition Act in 2014. "His case has been won lock, stock and barrel," Gareth Peirce told me, "these changes in the law mean that the UK now recognizes as correct everything that was argued in his case. Yet he does not benefit." In other words, he would have won his case in the British courts and would not have been forced to take refuge.
Ecuador's decision to protect Assange in 2012 was immensely brave. Even though the granting of asylum is a humanitarian act, and the power to do so is enjoyed by all states under international law, both Sweden and the United Kingdom refused to recognize the legitimacy of Ecuador's decision.
Ecuador's embassy in London was placed under police siege and its government abused. When William Hague's Foreign Office threatened to violate the Vienna Convention on Diplomatic Relations, warning that it would remove the diplomatic inviolability of the embassy and send the police in to get Assange, outrage across the world forced the government to back down.
During one night, police appeared at the windows of the embassy in an obvious attempt to intimidate Assange and his protectors.
Since then, Assange has been confined to a small room without sunlight. He has been ill from time to time and refused safe passage to the diagnostic facilities of hospital. Yet, his resilience and dark humor remain quite remarkable in the circumstances. When asked how he put up with the confinement, he replied, "Sure beats a supermax."
It is not over, but it is unraveling. The United Nations Working Group on Arbitrary Detention -- the tribunal that adjudicates and decides whether governments comply with their human rights obligations -- last year ruled that Assange had been detained unlawfully by Britain and Sweden. This is international law at its apex.
Both Britain and Sweden participated in the 16-month long UN investigation and submitted evidence and defended their position before the tribunal. In previous cases ruled upon by the Working Group -- Aung Sang Suu Kyi in Burma -- imprisoned opposition leader Anwar Ibrahim in Malaysia, detained Washington Post journalist Jason Rezaian in Iran -- both Britain and Sweden gave full support to the tribunal. The difference now is that Assange's persecution endures in the heart of London.
The Metropolitan Police say they still intend to arrest Assange for bail infringement should he leave the embassy. What then? A few months in prison while the US delivers its extradition request to the British courts?
If the British Government allows this to happen it will, in the eyes of the world, be shamed comprehensively and historically as an accessory to the crime of a war waged by rampant power against justice and freedom, and all of us.
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