Antinuclear

We write to you as legal practitioners and legal academics to express our collective concerns about the violations of Mr. Julian Assange’s fundamental human, civil and political rights and the precedent his persecution is setting. We call on you to act in accordance with national and international law, human rights and the rule of law by bringing an end to the ongoing extradition proceedings and granting Mr. Assange his long overdue freedom – freedom from torture, arbitrary detention and deprivation of liberty, and political persecution.

A) ILLEGALITY OF POTENTIAL EXTRADITION TO THE UNITED STATES

Extradition of Mr. Assange from the UK to the U.S. would be illegal on the following grounds:

1. Risk of being subjected to an unfair trial in the U.S.   Extradition would be unlawful owing to failure to ensure the protection of Mr. Assange’s fundamental trial rights in the U.S. Mr. Assange faces show trial at the infamous “Espionage court” of the Eastern District of Virginia, before which no national security defendant has ever succeeded. Here, he faces secret proceedings before a jury picked from a population in which most of the individuals eligible for jury selection work for, or are connected to, the CIA, NSA, DoD or DoS.[i]Furthermore, Mr. Assange’s legal privilege, a right enshrined in Art. 8 European Convention on Human Rights (ECHR) and long recognised under English common law, was grossly violated through constant and criminal video and audio surveillance at the Ecuadorian embassy carried out by the Spanish security firm, UC Global. This surveillance was, according to witness testimony, ordered by the CIA and has triggered an investigation into the owner of UC Global, David Morales, by Spain’s High Court, the Audiencia Nacional.[ii] The surveillance resulted in all of Mr. Assange’s meetings and conversations being recorded, including those with his lawyers. ……………

The UN Model Treaty on Extradition prohibits extradition if the person has not received, or would not receive, the minimum guarantees in criminal proceedings, as enshrined in Art. 14 of the International Covenant on Civil and Political Rights (ICCPR).[v]

2. The political nature of the offence prohibits extradition.

The U.S. superseding indictment issued against Mr. Assange on the 24 June 2020 charges him with 18 counts all related solely to the 2010 publications of U.S. government documents. The publications, comprising information about the wars in Iraq and Afghanistan, U.S. diplomatic cables and Guantanamo Bay, revealed evidence of war crimes, corruption and governmental malfeasance.[vi]Charges 1-17 are brought under the Espionage Act 1917, which, in name alone, reveals the political and antiquated nature of the charges…………. several U.S. government officials have at various times ascribed motives “hostile” to the U.S. to Mr. Assange, an Australian citizen.[viii].

The UK-U.S. Extradition Treaty, which provides the very basis of the extradition request, specifically prohibits extradition for political offences in Art. 4(1). ………..

Furthermore, there is broad international consensus that political offences should not be the basis of extradition.[ix] ………….

3. Risk of torture or other cruel, inhuman or degrading treatment or punishment in the U.S.

The United Nations Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“the UN Rapporteur on Torture”), Professor Nils Melzer, has expressed with certainty that, if extradited to the U.S., Mr. Assange will be exposed to torture or other cruel, inhuman or degrading treatment or punishment. Similar concerns have also been raised by the UN Working Group on Arbitrary Detention, and Amnesty International has recently restated its concerns in relation to the unacceptable risk of mistreatment.[x] The detention conditions, and the draconian punishment of 175 years, in a maximum security prison, which Mr. Assange faces under the U.S. indictment, would constitute torture or other cruel, inhuman or degrading treatment or punishment, according to the current UN Rapporteur on Torture and according to the consistently expressed opinion of his predecessor, as well as of NGOs and legal authorities.[xi]……………..

Under the principle of non-refoulement, it is not permissible to extradite a person to a country in which there are substantial grounds forbelieving that they would be subjected to torture. This principle is enshrined in the 1951 UN Convention Relating to the Status of Refugees, specifically Art. 33(1) from which no derogations are permitted. Also relevant are Art. 3(1) UN Declaration on Territorial Asylum 1967, Art. 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), and Art. 2 of the Resolution on Asylum to Persons in Danger of Persecution,…………

B) VIOLATIONS OF THE FREEDOM OF THE PRESS AND THE RIGHT TO KNOW

Counts 1-17 of the indictment under the Espionage Act violate the right to freedom of expression, the right to freedom of the press and the right to know………………

C) VIOLATIONS OF THE RIGHT TO BE FREE FROM TORTURE, THE RIGHT TO HEALTH, AND THE RIGHT TO LIFE

The UN Rapporteur on Torture has reported, and continues to report, on the treatment of Mr. Assange as part of his United Nations mandate. On 9 and 10 May 2019, Prof. Melzer and two medical experts specialised in examining potential victims of torture and other ill-treatment visited Mr. Assange in Her Majesty’s Prison Belmarsh (“HMP Belmarsh”). The group’s visit and assessment revealed that Mr. Assange showed “all symptoms typical for prolonged exposure to psychological torture, including extreme stress, chronic anxiety and intense psychological trauma.”[xxiv] The UN Rapporteur on Torture concluded “Mr. Assange has been deliberately exposed, for a period of several years, to persistent and progressively severe forms of cruel, inhuman or degrading treatment or punishment, the cumulative effects of which can only be described as psychological torture”……………….

We call on the UK government to take immediate action to cease the torture being inflicted upon Mr. Assange, to end his arbitrary and unlawful detention, and to permit his access to independent medical diagnosis and treatment in an appropriate hospital setting. That doctors, their previous concerns having been ignored, should have to call on governments to ‘End torture and medical neglect of Julian Assange’ in The Lancet is extremely worrying.[xxxvii]

D) VIOLATIONS OF THE RIGHT TO A FAIR TRIAL

We condemn the denial of Mr. Assange’s right to a fair trial before the UK courts. This right has been denied as follows.

1. Judicial Conflicts of Interest

Senior District Judge (Magistrates’ Courts) Emma Arbuthnot, who as Chief Magistrate oversees Mr. Assange’s extradition proceedings, has been shown to have financial links to institutions and individuals whose wrongdoings have been exposed by WikiLeaks, the organisation which Mr. Assange founded.[xxxviii] This seemingly clear conflict of interest was, however, not disclosed by the District Judge. District Judge Arbuthnot did not recuse herself and was permitted to make rulings to Mr. Assange’s detriment, despite the perceived lack of judicial impartiality and independence.

District Judge (Magistrates’ Courts) Michael Snow has further exhibited bias and unprofessionalism by participating in the defamation of Mr. Assange’s character, labelling the multi-award-winning public interest publisher and Nobel Peace Prize Nominee a “narcissist who cannot get beyond his own selfish interests” in response, ironically, to Mr. Assange’s legal team raising what were patently legitimate concerns regarding bias in the proceedings.[xxxix]

2. Inequality of Arms

Mr. Assange has been denied time and facilities to prepare his defence in violation of the principle of equality of arms which is inherent to the presumption of innocence and the rule of law……………

3. Denial of the defendant’s ability to properly follow proceedings and direct his legal team

Mr. Assange and his lawyers have repeatedly informed the Court of his inability to properly follow proceedings, to consult with his lawyers confidentially and to properly instruct them in the presentation of his defence due to his being prevented from sitting with them and being confined to a bulletproof glass box. The arrangement has forced Mr. Assange to resort to waving to get the attention of the judge or the people sitting in the public gallery, in order to alert his lawyers who are seated in the courtroom with their backs to him………….

4. Refusal to address mistreatment of the defendant

Mr. Assange’s lawyers informed the Court that during a single day, on 22 February, prison authorities handcuffed him 11 times, placed him in 5 different cells, strip-searched him twice, and confiscated his privileged legal documents. Overseeing the proceedings, District Judge Vanessa Baraitser explicitly refused to intervene with prison authorities claiming that she has no jurisdiction over his prison conditions……………

We remind the UK government that the right to a fair trial is a cornerstone of democracy and the rule of law. It is a basic human right enshrined in Art. 10 UDHR, Art. 14 ICCPR, Art. 6 ECHR and Art. 6 HRA. These provisions, along with long-standing common law principles, demand a fair and public hearing before an independent and impartial tribunal, the presumption of innocence until proven guilty, the right to be informed promptly and in detail of the nature and cause of the charges, the right to be provided with adequate time and facilities for the preparation of one’s defence, and the right to have the ability to communicate with one’s counsel.

For all these reasons we respectfully request that the UK government bring an end to the U.S. extradition proceedings against Mr. Assange and ensure his immediate release from custody.

Yours sincerely,

Lawyers for Assange …………

(15 collective  signatories  –   international legal organisations)

Individual signatories 1555     https://consortiumnews.com/2020/08/16/assange-extradition-international-lawyers-make-urgent-appeal-to-british-government/?fbclid=IwAR0oFpG84PRDIyQ-OOgQmPj3iye_UsgOIro8-VYn2_Z6HQdkrB8ERQvV4KY