Explainer: what charges does Julian Assange face, and what’s likely to happen next?


Holly Cullen, University of Western Australia

Julian Assange, the Australian cofounder of Wikileaks, was arrested on April 11 by British police at the Ecuadorian embassy in London, where he had been claiming political asylum for almost seven years.

He has faced a range of criminal charges and extradition orders, and several crucial aspects of his situation remain to be resolved.

What are the British charges against Assange, and what sentence could be imposed?

Assange moved into the Ecuadorian embassy in London in June 2012 after losing the final appeal against his transfer to Sweden on a European Arrest Warrant (EAW). He was then charged with failing to surrender to the court.

While in the embassy, Assange could not be arrested because of the international legal protection of diplomatic premises, which meant police could not enter without Ecuador’s consent. On April 11, British police were invited into the embassy and made the arrest. On the same day, Assange was found guilty, and awaits sentencing. The charge of failing to surrender to the court carries a jail term of up to 12 months.

What are the US charges against Assange?

Also on April 11, the United States government unsealed an indictment made in March 2018, charging Assange with a conspiracy to help whistleblower Chelsea Manning crack a password which enabled her to pass on classified documents that were then published by WikiLeaks. The US has requested that the UK extradite Assange to face these charges before a US court.

What were the Swedish charges, and could they be revived?

In 2010, a Swedish prosecutor issued the EAW requesting Assange’s transfer to Sweden to face sexual assault allegations, which he denies. In 2016, Assange was questioned by Swedish authorities by video link while he remained in the Ecuadorian embassy. In 2017, they closed their investigation.

After Assange was arrested and removed from the embassy, the lawyer for one of the complainants indicated she would ask the prosecutor to reopen the case, as the statute of limitations on the alleged offence does not expire until 2020. As of April 12, Sweden’s Prosecution Authority is formally reviewing the case and could renew its request for extradition.

What are Britain’s legal obligations to extradite to Sweden or the US?

The UK, as a member of the European Union (for now!), is obliged to execute an EAW. The law on EAWs is similar to extradition treaties. However, the law also says it is up to the UK to decide whether to act first on the EAW from Sweden or the US extradition request.

Bilateral extradition treaties are usually based on identical reciprocal obligations. But the current UK-US extradition treaty, agreed in 2003, has been criticised for allowing the UK to extradite a person to the US solely on the basis of an allegation and an arrest warrant, without any evidence being produced, despite the fact that “probable cause” is required for extradition the other way.

The relative ease of extradition from the UK to the US has long been one of the concerns of Assange’s legal team. The treaty does not include a list of extraditable offences but allows for extradition for any non-political offence for which both states have criminalised the behaviour, which carries a sentence of at least one year in prison.

Espionage and treason are considered core “political offences”, which is why the US request is limited to the charge of computer fraud. Conspiracy to commit an extraditable offence is covered in the US-UK treaty, as it is in the EAW (and in the US-Australia extradition treaty).

Assange may legally challenge his extradition either to the US or to Sweden (as he previously did). Such challenges could take months or even years, particularly if Assange applies to the European Court of Human Rights arguing that an extradition request involved a human rights violation.

Given Assange’s previous conduct, and the likelihood that he will be sentenced to prison for failure to surrender to court, he will probably remain in a UK prison until all legal avenues are exhausted.

What are Australia’s obligations to Assange?

As an Australian citizen, Assange is entitled to consular protection by the Australian government, which means staff from the Australian High Commission in London will provide support for him in the legal process. The extent of that support is not set in stone, however, and both Foreign Minister Marise Payne and Prime Minister Scott Morrison have declined to provide detail on the basis that the matter is before the courts.

One possibility is that Assange will serve his sentence for failing to surrender to the court, after which the UK will deport him to Australia. At that point, it is possible the US could request extradition from Australia, and the US-Australian extradition treaty would apply. The US charges would most likely be covered although not specifically mentioned in the treaty.

As with the UK-US treaty, political offences are excluded, and an extradited person can only be tried for the offence in the extradition request or a related offence, and in any event not for an offence not covered by the treaty. In addition, the treaty specifies that neither Australia nor the US is obliged to extradite its own nationals, but may do so. The fact that Australia has the option to refuse extradition purely on the ground of Assange’s nationality could lead to intense pressure on the government to do just that.The Conversation

Holly Cullen, Adjunct professor, University of Western Australia

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Julian Assange Latest (Most Recent at Top)


Iran: Latest Persecution News


The link below is to an article reporting on the latest persecution news from Iran.

For more visit:
http://global.christianpost.com/news/iranian-christians-fleeing-severe-persecution-being-denied-asylum-in-sweden-92667/

Sweden: Latest Persecution News


The link below is to an article that reports on the possible deportation of two professing Iranian Christians in Sweden back to Iran.

For more visit:
http://www.christiantelegraph.com/issue18966.html

EU Visit to Orissa, India Triggers Barrage of Accusations


Hindu nationalists protest delegation as Christians cite injustices.

NEW DELHI, February 8 (CDN) — A delegation from the European Union concluded a “fruitful” trip to India’s violence-torn Orissa state on Friday (Feb. 5) amid a swirl of protests by Hindu nationalist groups and cries of injustice by Christians.

The delegation was able to hold “open and frank” discussions with Kandhamal officials on the visit, said Gabriele Annis of the Embassy of Italy.

“We had a very good meeting with the Kandhamal district administration,” Annis told reporters. “It is fruitful. We had open and frank discussion. It helped us in understanding the situation and understanding happenings over the past 15 months.”

The delegation was led by Christophe Manet, head of Political Affairs of the European Commission delegation to India and consisted of members from Spain, Hungary, Poland, Ireland, Italy, Netherlands, the United Kingdom, Finland and Sweden. A delegation from five European countries had visited Orissa earlier in November 2009, but the government of Orissa denied them permission to visit Kandhamal district, where Christians say they continue to be threatened and destitute.

Archbishop Raphael Cheenath said on Saturday (Feb. 6) that despite the claims of the state and district administrations, life for the Christian victims of violence in August-September 2008 remains far from normal: thousands still live in makeshift shanties along roadsides and in forests, he said, and local officials and police harass them daily.

“The block officers have been playing with the facts, indulging in corrupt practices and cosmetic exercises whenever political and other dignitaries come to visit or inspect,” the archbishop said in a statement. “Innocent people are coerced into giving a false picture. The chief minister must investigate the role and functioning of the entire district administration . . . It is strange that officers in whose presence the violence took place and thousands of houses were burnt are still in office and are declaring that there is peace in the district.”

Following attacks in the area after Hindu extremists stirred up mobs by falsely accusing Christians of killing Hindu leader Swami Laxmanananda Saraswati on Aug. 23, 2008, more than 10,000 families were displaced from their homes by the violence. Since then, Cheenath said, an estimated 1,200 families have left the area. Between 200 and 300 families reside in private displacement camps in the district, and more than 4,400 families still live in tents, makeshift shelters or the remnants of their damaged houses, he said.

The number of attack victims who have received financial assistance from the government, churches or Non-Governmental Organizations (NGOs) is unknown, but is estimated at 1,100 families, Cheenath added.

He criticized Prime Minister Manmohan Singh and the Chief Minister of Orissa Naveen Patnaik saying, “Both of them had promised to provide adequate compensation for the damages caused during the 2008 communal violence. But the victims have not been adequately compensated.”

Cheenath said the state government had decided not to compensate any riot-affected religious institutions even though India’s Supreme Court had directed the government to compensate them for all damages.

“This is a national calamity and demands a special package for the affected people, which should include land, income generation, education and healthcare,” the archbishop said.

Extremist Makeover

Prior to the visit, Christian leaders expressed their shock at Kandhamal district authorities attempting a cosmetic makeover by evacuating nearly 100 Christians from G. Udayagiri.

In letters to the EU delegation, the state government and national human rights and minorities commissions, Dr. John Dayal of the All India Christian Council narrated the plight of the 91 members of 21 families from 11 villages who were living under plastic sheets along a road in the marketplace area of G. Udayagiri.

Dayal said the group included 11 married women, three widows, an elderly man with a fractured hip and thigh, and two infants born in the camp. They had faced almost daily threats, he said, as they had not been allowed to return to their villages unless they renounced their faith and became Hindus.

Soon after the decision to allow the EU delegation, the water supply to the makeshift site was cut off and police and civil officers drove away the residents, who had only plastic sheets to protect them from the cold, he said. The refugees said officers later gave them permission to come back at night but to keep the area clear.

“The families are in G. Udayagiri, they have moved in front of the road, and they are in a very bad state,” the Rev. Samant Nayak of G. Udayagiri told Compass. “They are literally on the road.”

He said that approximately 55 families were living in G. Udayagiri, where they had been given land, and a Christian NGO was helping to construct houses for them.

The Press Trust of India reported that Orissa officials were nervous about last week’s delegation visiting Kandhamal but finally gave permission under pressure from the central government. State officials finally allowed the visit with the pre-condition that the delegation would be allowed only to interact with people and not engage in fact-finding, according to a senior official in Orissa’s home department.

The Kandhamal district collector, Krishna Kumar, told Compass that all went well and “no untoward incidents took place,” but sources reported at least one minor disturbance in Bodimunda village. On Wednesday (Feb. 3), one house was reportedly damaged there in a scuffle that also resulted in two arrests by the local police.

During their Kandhamal visit, the EU delegation was reportedly forced to cancel a meeting with judges of Fast Track courts established in Phulbani, in Kandhamal district, to prosecute hundreds of those accused in the 2008 violence, due to protests from the local lawyers’ association.

Kumar, however, pointed out that the lawyers’ protest was secondary to the lack of clearance from the High court for the meeting with the judges. “The same was not informed to us prior to the visit,” he added.

Justice Denied

The anti-Christian violence in August-September 2008 killed over 100 people and burned 4,640 houses, 252 churches and 13 educational institutions. Archbishop Cheenath said justice is critical to long term peace.

“The two Fast Track courts, and the court premises, have seen a travesty of justice,” he said in the Feb. 6 statement. “Witnesses are being coerced, threatened, cajoled and sought to be bribed by murderers and arsonists facing trial. The court premises are full of top activists of fundamentalist organizations. The witnesses are also threatened in their homes with elimination, and even their distant relatives are being coerced specially in the murder and arson cases against Member of Legislative Assembly [MLA] Manoj Pradhan.”

Though some witnesses have testified on Pradhan’s alleged involvement in crimes in depositions, he has been acquitted in case after case, the archbishop added.

“We are demanding a special investigation team to investigate every case of murder and arson,” he said. “Similarly, there is also need for transferring the cases against politically powerful persons such as Pradhan to outside Kandhamal, preferably to Cuttack or Bhubaneswar.”

Cheenath said victims have filed 3,232 complaints at Kandhamal police stations, but officers registered only 832 cases. As many as 341 cases were in the G. Udayagiri area alone, 98 in Tikabali and 90 in Raikia, he said.

“Even out of this small number [in G. Udayagiri], only 123 cases were transferred to the two Fast Track courts,” he said. “So far, 71 cases have been tried in the two courts, and 63 cases have been disposed of. Of these, conviction occurred only in 25 cases, and even that is partial as most of the accused have not been arrested or brought to trial.”

Only 89 persons have been convicted so far in Orissa state, while 251 have been acquitted, supposedly for lack of witnesses against them, he said.

“Among them is Manoj Pradhan,” Cheenath said. “It is strange that in the case of 10 deaths by murder, nine cases have been closed without anybody being convicted, while there has been partial conviction in the case of one death. Who will bring justice in the case of the nine murder cases?”

The archbishop demanded that independent lawyers be allowed to assist overworked special public prosecutors.

Hindu Nationalist Protests

Protesting the delegation visit was the Vishwa Hindu Parishad (VHP) and other Hindu nationalist organizations. VHP State General Secretary Gouri Prasad Brahma had lamented on Jan. 31 that the visit would trigger tension and demanded their immediate withdrawal.

“There is no business of the outsiders in the internal matter of the state,” he said.

The delegation also faced the ire of the Hindu extremist Bajrang Dal on the day of its arrival in Bhubaneswar, capital of Orissa, on Tuesday (Feb. 2). Hundreds of its cadres met the delegation at the airport shouting loudly, “EU team, go back.”

Five Bajrang Dal members were detained for creating trouble, Deputy Commissioner of Police H.K. Lal told media on Wednesday (Feb. 3).

After the delegation had left, the Orissa Bharatiya Janata Party (BJP) heavily criticized the central and the state governments, with BJP state President, Jual Oram telling a press conference that the state had allowed the visit to “divide people on communal lines.” He said that the delegation had not met any Hindu leader during their visit to Kandhamal, which “exposed their communal agenda.”

Oram accused the delegation of violating protocol in trying to meet the judges of fast-track courts in Kandhamal, saying this “amounted to interference into internal affairs of a sovereign independent member state under the U.N.”

At the same press conference, BJP MLA Karendra Majhi said that allowing the visit was an attempt by the chief minister to win back the confidence of minority Christians. He alleged that the delegation had held secret meetings in a Catholic church at Phulbani with church leaders and select NGOs to facilitate conversions to Christianity.

“I have every reason to believe that the promised assistance of 15 million euros to Kandhamal by the EU delegation will be utilized for conversion activities,” Majhi said.

Report from Compass Direct News 

India Finally Allows EU to Visit Orissa – But No Fact-Finding


After months of asking, delegation wins clearance to enter Kandhamal district.

NEW DELHI, January 29 (CDN) — Weary of international scrutiny of troubled Kandhamal district in Orissa state, officials yesterday finally allowed delegates from the European Union (EU) to visit affected areas – as long as they do no fact-finding.

A team of 13 diplomats from the EU was to begin its four-day tour of Kandhamal district yesterday, but the federal government had refused to give the required clearance to visit the area, which was wracked by anti-Christian violence in 2008. A facilitator of the delegation said that authorities then reversed themselves and yesterday gave approval to the team.

The team plans to visit Kandhamal early next month to assess the state government’s efforts in rehabilitating victims and prosecuting attackers in the district, where a spate of anti-Christian violence in August-September 2008 killed over 100 people and burned 4,640 houses, 252 churches and 13 educational institutions.

When the federal government recommended that Orissa state officials allow the delegation to visit the area, the state government agreed under the condition that the diplomats undertake no fact-finding, according to the Press Trust of India (PTI) news agency. The government stipulated to the EU team, led by the deputy chief of mission of the Spanish embassy, Ramon Moreno, that they are only to interact with local residents. The delegation consented.

Delegates from the EU had also sought a visit to Kandhamal in November 2009, but the government denied permission. The diplomats from Denmark, Sweden, Norway, Iceland and Finland were able to make it only to the Orissa state capital, Bhubaneswar, at that time.

Ironically, three days before the government initially denied permission to the EU team, the head of the Hindu nationalist Rashtriya Swayamsevak Sangh (RSS), Mohan Bhagwat, visited Orissa and addressed a huge rally of its cadres in Bhubaneswar, reported PTI on Tuesday (Jan. 26).

While Bhagwat was not reported to have made an inflammatory speech, many Christians frowned on his visit. It is believed that his organization was behind the violence in Kandhamal, which began after a leader of the Vishwa Hindu Parishad (World Hindu Council or VHP), Swami Laxmanananda Saraswati, was killed by Maoists (extreme Marxists) on Aug. 23, 2008. Hindu extremist groups wrongly blamed it on local Christians in order to stir up anti-Christian violence.

On Nov. 11, Orissa Chief Minister Naveen Patnaik told the state assembly House that 85 people from the RSS, 321 members of the VHP and 118 workers of the Bajrang Dal, youth wing of the VHP, were rounded up by the police for the attacks in Kandhamal.

EU’s Indictments

It is believed that New Delhi was hesitant to allow EU’s teams into Kandhamal because it has indicted India on several occasions for human rights violations. Soon after violence broke out in Kandhamal, the European Commission, EU’s executive wing, called it a “massacre of minorities.”

Indian Prime Minister Dr. Manmohan Singh, who was attending the ninth India-EU summit in France at the time of the violence, called the anti-Christian attacks a “national shame.” French President Nicolas Sarkozy, head of the European Council, and Jose Manuel Barroso, president of the European Commission, took up the issue “strongly with Singh,” reported The Times of India on Sept. 30, 2008.

On Aug. 17, 2009, the EU asked its citizens not to visit Kandhamal in an advisory stating that religious tensions were not yet over. “We therefore advise against travel within the state and in rural areas, particularly in the districts of Kandhamal and Bargarh,” it stated.

The EU’s advisory came at a time when the state government was targeting the visit of 200,000 foreign tourists to Orissa, noted PTI.

Kandhamal Superintendent of Police Praveen Kumar suggested that the advisory was not based on truth.

“There is no violence in Kandhamal since October 2008,” he told PTI. “The people celebrated Christmas and New Year’s Day as peace returned to the tribal dominated district.”

Before denying permission to the EU, the Indian government had restricted members of a U.S. panel from coming to the country. In June 2009, the government refused to issue visas for members of the U.S. Commission on International Religious Freedom (USCIRF) to visit Orissa. The panel then put India on its “Watch List” for the country’s violations of religious freedom.

Tensions Remain

Local human rights activist Ajay Singh said that while the state government had made some efforts to rehabilitate the victims, a lot more needed to be done.

An estimated 300 families are still living in private relief camps in Kandhamal, and at least 1,200 families have left Kandhamal following the violence, he said. These families have not gone back to their villages, fearing that if they returned without converting to Hinduism they would be attacked, he added.

Singh also said that authorities have asked more than 100 survivors of communal violence living in an abandoned market complex known as NAC, in G. Udayagiri area of Kandhamal, to move out. He said it is possible they were asked to leave because of the intended visit of the EU team.

Of the more than 50,000 people displaced by the violence, around 1,100 have received some compensation either from the government or from Christian and other organizations, he added.

Additionally, the state administration has to do much more in bringing the attackers to justice, said a representative of the Christian Legal Association. Of the total 831 police cases registered, charges have been filed in around 300 cases; 133 of these have been dropped due to “lack of evidence,” said the source.

Report from Compass Direct News 

Church of Sweden Ordains First Openly Lesbian Bishop


By Thaddeus M. Baklinski

STOCKHOLM, November 11, 2009 (LifeSiteNews.com) – Sweden’s Lutheran church announced it had ordained its first openly homosexual bishop on Sunday, less than a month after it gave its ministers the right to "marry" same-sex couples in church.

The Church of Sweden, which was the state church until 2000, had backed the parliament’s adoption of the same-sex "marriage" law, which took effect on May 1. Its synod approved homosexual church "weddings" on October 22.

Eva Brunne, 55, was consecrated as the Bishop of Stockholm in a ceremony at Uppsala cathedral, just north of the Swedish capital, the Church of Sweden said in a statement.

Brunne is in a civil union partnership with another woman, Gunilla Lindén, who is a Church of Sweden pastor. Together they are the guardians of a three-year-old child.

"It is very positive that our church is setting an example here and is choosing me as bishop based on my qualifications, when they also know that they can meet resistance elsewhere," Brunne told the Associated Press.

Anglican bishops from England and Northern Ireland in fact refused to attend the ordination.

Five bishops from various levels within the Anglican Church, including Archbishop of Canterbury Rowan Williams, decided not to attend the November 8th ceremony, the Dagen newspaper reports.

"The Anglican Church has a moratorium right now concerning the ordination of bishops who live together with someone of the same sex," Alan Harper, a bishop from Armagh in Northern Ireland, told the newspaper.

Swedish Archbishop Anders Wejryd, who conducted the ordination of Brunne, disputed the claim that the Church of England was boycotting the ceremony.

"That’s not true at all," he told the Kyrkans Tidning newspaper. "We send invitations to those with the highest rank. That’s why the Archbishop of Canterbury received an invitation, but no one expected him to say yes."

According to Wejryd, the international invitees who declined to take part in the ordination included "many who generally never come."

Other invitees who declined to attend, according to Swedish news service The Local, were bishops from the Lutheran churches of Iceland, Estonia, Latvia and Lithuania, as well as the World Lutheran Federation.

This Report from LifeSiteNews.com

www.LifeSiteNews.com