Thursday, 16 August 2012

Julian Assange has nowhere to go

Julian Assange


Britain has confirmed that WikiLeaks founder Julian Assange will not be granted safe passage from the UK despite being granted “Diplomatic Asylum” in the Ecuadorean Embassy in Knightsbridge, London. The WikiLeaks boss was granted asylum by Ecuador as a diplomatic storm grew over his extradition to Sweden, where he faces sex abuse charges. But UK Foreign Secretary William Hague this afternoon stepped in in the dispute, warning that diplomatic immunity should not be used to harbour alleged criminals. Mr Hague said it was a "matter of regret" that the Ecuadorian government decided to grant the WikiLeaks founder political asylum but warned that it "does not change the fundamentals" of the case.

Speaking at the Foreign and Commonwealth Office, he also warned that the case could go on for some "considerable" time. Mr Hague said: "We will not allow Mr Assange safe passage out of the United Kingdom, nor is there any legal basis for us to do so."



I still repeat my view that Julian Assange lost all credibility the day he entered the Ecuadorean Embassy to claim asylum. The Swedish Prosecutor wishes to question him in relation to possible sexual offences against two female left wing activists – it has not made up its mind as to whether criminal offences were committed. There is nothing political about this but stems from Assange’s betrayal of trust and personal actions. Nobody would suggest that Sweden hasn’t got a competent, independent, humane legal system which protects the rights of the accused far more so than the UK. Nobody would suggest that Sweden would do the US’s bidding more easily than the UK.

The key 1961 convention underpinning all diplomatic immunity stresses that missions must respect local laws and, in no circumstances, interfere in the host nation's internal affairs. Julian Assange jumped bail on criminal charges not related to his political activities and incidentally betrayed the trust of those who stood bail for him to the tune of £250k. There are no charges against him in his home country of Australia and the argument that he could be extradited to the US and face the death penalty is spurious. The European Convention on Human Rights to which Sweden is both a signatory and an important advocate specifically forbids extradition on capital charges.

I don't think, despite the posturing, there is any possibility of Britain entering the Ecuadorean Embassy. Assange has not claimed asylum in Ecuador but "Diplomatic Asylum" in their Embassy which is a different concept . Cardinal József Mindszenty spent 15 years in the US Embassy in Budapest having claimed Political Asylum; Assange does not have the basis of such a claim for he was on bail on clear criminal charges, nothing to do with WikiLeaks - he is evading answering to sexual abuse charges. It is an insult to Sweden and its justice system to say this is an "obvious ploy” to extradite him to the USA. Like much of Assange's reasoning this is wishful thinking.



All parties to the 1961 Vienna Convention on Consular Rights have accepted the jurisdiction of the International Court of Justice in The Hague in relation to disputes under the Convention and the Court has, for instance, ruled against the US in the Le Grand case. Assange has literally nowhere to go (Like the two surviving members of the Derg who have been in the Italian Embassy in Addis Ababa since 1991) and should stop pretending his personal affairs and the cause of WikiLeaks are the same - they are not.

This is about Assange’s personal behaviour and accountability. He should voluntarily go on the next plane back to Sweden.

Demonstration by Assange supporters outside the Ecuadorean Embassy in London

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