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.

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Criminal charges against banking ‘cartels’ show Australia is getting tough on competition law


Barbora Jedlickova, The University of Queensland

A two-year probe by Australia’s consumer watchdog has resulted in criminal charges against ANZ, Citigroup and Deutsche Bank, as well as six of their senior executives, over alleged “cartel-like” behaviour.

The case, brought by the Commonwealth Director of Public Prosecutions (CDPP) after an investigation by the Australian Competition and Consumer Commission (ACCC), is the second prosecution of its kind to be brought in Australia since competition laws were tightened almost a decade ago.




Read more:
Cartel case shows not all corporate misbehaviour goes unpunished


The banks and six investment bankers are charged with cartel conduct related to the sale of A$2.5 billion worth of unsold ANZ shares to investors in August 2015. The ACCC alleges that senior executives from the three banks colluded in the way they dealt with these shares.

The exact details of the alleged criminal conduct will only become clear at a Sydney court hearing on July 3, 2018.

What is cartel behaviour?

Cartels are forms of anti-competitive conduct where cartel participants decide to stop competing and start colluding. Australian civil law has banned cartels for decades. But the practice only became a criminal offence in 2010. Only its serious forms are subject to criminal law; civil law still governs the rest.

Cartels can take different forms. In the most common instance, participants collude by setting their prices. Other forms include: output restrictions; dividing markets among cartel participants on mutually agreed terms; and bid-rigging, in which a commercial contract is decided in advance but other operators put in sham bids to give the appearance of competition.

There is one primary reason why businesses or executives would stop competing and start colluding: profit. In short, cartel participants cheat to get more money, creating higher prices and lower output in the process. This disadvantages consumers, the economy and society at large.

But proving criminal collusion in a court is harder than it might seem.

Beyond reasonable doubt

Although we need to wait for the case to unfold to find out more, what we can tell at this stage is that the ACCC and the CDPP perceive the alleged conduct as serious enough for it to constitute a criminal case. Criminal cases are harder to prove than civil cases. Cartel collusion must be proved beyond reasonable doubt, and the evidence has to show that the individuals involved knew (or believed) that they were colluding.

What these charges also show is that the ACCC and the CDPP are prepared to go after the most powerful corporations and their executives for alleged cartel-like conduct. This is an enormously important step for deterrence, because criminal charges are naturally more attention-grabbing than civil lawsuits.

Charging high-ranking bank executives will potentially make the deterrent more effective still, because high-ranking executives set the cultural tone for their organisations.

Research has shown that significant prison time – or the threat of it – for individuals is a more effective deterrent than civil penalties; especially if the penalties are not high enough, as was argued in the recent OECD report on corporate penalties for cartels in Australia. The report showed that the penalties applied in Australia were low in comparison with competition law regimes in the European Union and the United States.

Just the beginning?

This is the second Australian criminal case of cartel conduct – the first involved a Japanese company shipping cars to Australia. We can reasonably expect more of these kinds of charges in the future, given that the laws are only eight years old and investigations of this type typically take years to reach fruition. (The alleged cartel conduct in the latest case took place in August 2015, almost three years ago.)

There are differences in investigation procedures between criminal and civil cases, to ensure that collected pieces of evidence are admissible in a criminal proceeding. It is ultimately the CDPP’s (and not the ACCC’s) decision whether or not to prosecute.




Read more:
Cartels caught ripping off Australian consumers should be hit with bigger fines


The final step is for criminal proceedings to be prosecuted. The first cartel criminal case, which concerned the shipping industry, can be perceived as successful, with two global shipping companies pleading guilty.

It is still early days for Australia in terms of tracking down and punishing examples of cartel behaviour via criminal prosecutions. But the latest developments suggest that Australia is prepared to follow the example of the world leader in successful cartel-related criminal prosecutions: the United States.

The US criminal regime is one of the oldest in the world, having existed since 1890. The US boom of cartel-related criminal cases began in the late 1990s with the lysine cartel and the vitamin cartel and with the first foreign national being sentenced to imprisonment in July 1999. One of the first criminal cartel investigations inspired the production of the 2009 movie The Informant!.

The ConversationThe numbers further illustrate the success of the US criminal prosecutions. For instance, 27 corporations and 82 individuals were charged in the fiscal year 2011. Australia has a long way to go before it can match those numbers.

Barbora Jedlickova, Lecturer, School of Law, The University of Queensland

This article was originally published on The Conversation. Read the original article.

The first charges over Russian involvement in the US election have been laid – are there more to come?



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Special Counsel Robert Mueller (centre) has laid the first charges from his investigation into Russian interference in the 2016 US presidential election.
Reuters/Aaron Bernstein

Sandeep Gopalan, Deakin University

Special Counsel Robert Mueller has issued an indictment outlining charges against the Internet Research Agency LLC (and two related entities which had “various Russian government contracts”) and 13 Russian individuals. The defendants are charged with:

knowingly and intentionally conspiring with each other (and with persons known and unknown to the Grand Jury) to defraud the United States by impairing, obstructing, and defeating the lawful functions of the government through fraud and deceit for the purpose of interfering with the US political and electoral processes, including the presidential election of 2016.

The defendants, posing as activists, allegedly created “false personas” and fake accounts to operate social media accounts and pages on divisive social issues. The indictment does not specifically state that the individual defendants were connected to the Russian government, although at least one of them is known to be close to Putin. Specific to the 2016 election, the defendants’ goal was “supporting” the campaigns of Donald Trump and Bernie Sanders, and “disparaging” Hillary Clinton.

Their activities were not merely online. They gathered intelligence, staged rallies posing as Americans (in New York, Pennsylvania, Florida) and “communicated with unwitting individuals associated with the Trump campaign.”

Some of their efforts were effective. For instance, the fake Twitter account “Tennessee GOP”, which falsely claimed to be operated by the Republican Party in that state, attracted 100,000 followers.




Read more:
Explainer: what is a special counsel and what will he investigate in the Trump administration?


The indictment lists political advertisements taken out by the defendants. These included such messages as “Donald wants to defeat terrorism … Hillary wants to sponsor it”, “Ohio Wants Hillary 4 Prison”, and “Hillary is a Satan, and her crimes and lies had proved just how evil she is.”

Their tactics were insidious. They targeted vulnerable groups such as African-Americans and Muslims to sow hate and reduce Clinton’s turnout.

The indictment provides rich detail about the Russian agency: it was incorporated in 2013, based in St Petersburg, employed hundreds of people for its online work, and had a budget of millions. It described its work as “information warfare” against the US and wanted to “spread distrust towards the candidates and the political system in general” during the 2016 election. Again, no direct link to the Russian government or Putin is mentioned in relation to these actions.

It is alleged the company and the named individuals conspired to violate the Foreign Agent Registration Act, which stipulates certain informational requirements for agents of foreign principals who attempt to influence US public opinion, policy and legislation. They also violated the Federal Election Campaign Act, which prohibits foreigners from making contributions etc relating to electioneering communications. The indictment also alleges identity theft, bank and wire fraud, and violations of visa laws.

Crucially, the indictment does not state that the Trump campaign colluded with the Russians. It clearly notes that any contact with the campaign was “unwitting”.

Deputy Attorney-General Rod Rosenstein also clarified there was no allegation of collusion in the indictment and he stated that the Russians did not affect the outcome of the 2016 election. Following the indictment, President Trump has tweeted that his campaign “did nothing wrong – no collusion!”

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The president has also tweeted:

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This marks an important step for Trump. He is now apparently dismissing Russian influence after repeatedly refusing to condemn them, seeking to downplay their involvement in the election, and labelling it a hoax.

He has since pointed out that the indictment shows Russian involvement began in 2014 – before he entered the campaign. Moreover, the evidence shows that the Russians did not support only Trump. They also supported Bernie Sanders (who has blamed the Obama Administration for not doing more to tackle it), although this fact has not been adequately covered in the media. Further, the goal of the Russians was to sow distrust in the political system and undermine the electoral process – not specifically to help Trump.




Read more:
US approach to security is deeply troubling – and it’s not just about Trump


Does the indictment mean that the president and members of his campaign are in the clear? The answer is difficult to determine at this stage. The indictment leaves open the question as to whether other US individuals might have aided the defendants.

Subsequent actions by Mueller might bring forward additional charges against Trump or his team. Further, the indictment does nothing in relation to the potential obstruction-of-justice case against Trump, although the evidence on this is likely to be weak.

The ConversationFinally, from a purely political standpoint, it is hard to see from the evidence outlined that the Russian involvement was decisive. To be sure, they propped up fringe groups and spread discord, which local groups were fully capable of doing and did throughout the election. In addition, the sums of money documented in the indictment are small change in the context of the gargantuan amounts both campaigns spent during the 2016 campaign.

Sandeep Gopalan, Professor of Law, Deakin University

This article was originally published on The Conversation. Read the original article.

Australian Politics: 14 July 2013


With the return of Kevin Rudd as Prime Minister in Australia, things have been moving along fairly quickly in Australian politics. Time of course is running out as an election looms, so time is necessarily of the essence. One of the areas that the ALP has moved to address is the carbon tax, with Kevin Rudd’s government moving toward an emissions trading scheme. This has brought the typical and expected responses from the opposition, as well as charges of hypocrisy from the Greens. For more visit the following links:

http://www.smh.com.au/federal-politics/political-news/kevin-rudd-confirms-government-to-scrap-fixed-carbon-price-20130714-2pxqi.html

The link below is to an article that pretty much sums up the situation currently in Australian politics I think – well worth a read.

For more visit:
http://www.guardian.co.uk/world/2013/jul/12/tony-abbott-fall-stunt-men

Also causing continuing angst in Australia is the issue of asylum seekers and boat people. There has been even more terrible news from the seas surrounding Christmas Island, with yet another asylum seeker tragedy involving a boat from Indonesia.

Around the edges of the mainstream parties are those of Bob Katter and Clive Palmer. There are stories of an alleged financial offer from Clive Palmer’s ‘Palmer United Party’ to join with ‘Katter’s Australian Party’ for $20 million dollars and form the combined ‘Katter United Australian Party.’ For more visit the links below:

http://www.news.com.au/breaking-news/national/palmer-denies-deal-with-katters-party/story-e6frfku9-1226679175607
http://www.abc.net.au/news/2013-07-14/katter2c-palmer-at-odds-over-claims-mining-magnate-offered-fin/4819098

And finally, for just a bit of a chuckle – not much of one – just a small chuckle, have a read of the following article linked to at:

http://www.perthnow.com.au/news/turnbull-still-not-laughing-at-tonys-internet-humour/story-fnii5s3z-1226679169349

Iran: Latest Persecution News


The link below is to an article reporting on an Iranian pastor who has been held in prison for several years and further charges he may yet face.

For more visit:
http://www.christiantelegraph.com/issue16782.html

Latest Persecution News – 12 June 2012


Victims of Explosion in Israel Lament Plea Agreement

The following article reports on the latest news of persecution in Israel, where an extremist Jew is facing charges following the bombing of a pastor’s home.

http://www.compassdirect.org/english/country/israel/article_1571127.html

 

The articles linked to above are by Compass Direct News and  relate to persecution of Christians around the world. Please keep in mind that the definition of ‘Christian’ used by Compass Direct News is inclusive of some that would not be included in a definition of Christian that I would use or would be used by other Reformed Christians. The articles do however present an indication of persecution being faced by Christians around the world.

Latest Persecution News – 11 May 2012


Egyptian Judge Frees Attackers Who Knifed Christian

The following article reports on the latest news of persecution in Egypt, where Salafi Muslims who attacked a man, cutting of his ear in an attempt to force him to convert, have had all charges dismissed.

http://www.compassdirect.org/english/country/egypt/article_1532636.html

 

The articles linked to above are by Compass Direct News and  relate to persecution of Christians around the world. Please keep in mind that the definition of ‘Christian’ used by Compass Direct News is inclusive of some that would not be included in a definition of Christian that I would use or would be used by other Reformed Christians. The articles do however present an indication of persecution being faced by Christians around the world.

Pakistan: Bible Facing Ban


Islamists in Pakistan are pushing for the Bible to be banned because they say it denigrates Islamic prophets.

Read the article at:
http://www.christianpost.com/news/now-bible-faces-blasphemy-charges-in-pakistan-50789/

 

Persecution News: What was Missed While on My Break – Part 1


The following are articles from Compass Direct News from the period I was on my break: