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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Article: Sea Shepherd Boss Flees Germany


Paul Watson, founder of Sea Shepherd has skipped bail in Germany and fled, fearing extradition to Japan. He was being held for offences allegedly committed in Costa Rica. I wonder if there was an Ecuadorian Embassy nearby? Just a thought. 

For more on the story, visit the link below:
http://www.smh.com.au/environment/whale-watch/sea-shepherd-founder-fears-extradition-to-japan-flees-germany-20120726-22ubu.html

Wikileaks Founder Julian Assange Seeks Asylum in Ecuador


  1. Wikileaks founder Julian Assange is seeking political asylum in Ecuador, claiming that the US is seeking to have him sent there for trial with the death penalty to be sought and that the Australian government has abandoned him. However, the Australian government has said that it has no evidence or information that the US is seeking to have him sent there and that assistance given to Assange has been on a comparative level with that given to others.

ECUADOR: DEATH THREATS, DAMAGES HIT CHURCHES


Backlash erupts against Christian opponents of proposed constitution.

QUITO, Ecuador, August 12 (Compass Direct News) – Catholic authorities report death threats and several acts of vandalism of church property in response to church opposition to several articles in Ecuador’s proposed new constitution.

In the port city of Guayaquil, a group of people were reported to have entered a chapel, grabbed the eucharistic host, tore it apart, spat on it and stepped on it.

That vandalism was reportedly the third that has occurred in recent weeks as frustrated supporters of ruling socialist party Alianza PAIS lash out at the Catholic Church for criticizing their newly-proposed constitution. Similar desecrations were reported in recent weeks at the Church of the Holy Trinity in Nobol and the Church of the Holy Supper in Guayaquil.

Archbishop Antonio Arregui Yarza of Guayaquil has received numerous death threats, as has pro-life leader Amparo Medina, who recently received a dead rat inside of a shoebox with a note attached that read “death to pro-lifers.” In addition, the president of the Never Impunity Movement (Movimiento Impunidad Jamás) has called for the archbishop’s arrest and “preventative imprisonment” because of the church’s opposition to the constitution.

María Morán Bajaña, the movement’s president, said that the church’s campaign was a step back in time and was an improper role for church leadership.

The Ecuadorian Bishops’ Conference said that the church would not officially campaign against the document but would alert the Ecuadorian people to several provisions that it called “non-negotiable.”

In particular, church officials have said that they disagreed with provisions that could allow for abortions and homosexual unions as well as the concentration of power in the president’s hands.

The national assembly that debated the new document’s 444 articles had wrestled with those topics for weeks, weighing possible outcomes if the church decided to openly oppose it and call for a “no” vote in the referendum. Pro-life groups had demonstrated in front of the assembly hall as the issue was debated.

The church chose, however, not to officially campaign against the constitution but to raise its concern about some of the articles, as well as call for education in churches about the controversial issues. Nearly 90 percent of Ecuadorians consider themselves Roman Catholic.

In “themes such as abortion, the family, education and religious liberty, the bishops of Ecuador decided to discuss those points in the light of pronouncements by Pope Benedict XVI,” said Archbishop Arregui, president of the Ecuadorian Bishops’ Conference.

Arregui criticized the draft document, saying the language on abortion is ambiguous. He said that the new constitution did not clearly define life as beginning at conception nor denote family as consisting of a man and a woman, but rather allowed for non-traditional family types.

“A union between homosexuals is not a family,” Arregui argued.

 

Religious Freedom

Protestant leaders have also lined up in opposition to some of the document’s provisions.

Pastors Francisco Loor and Nelson Zavala have charged that at least 200 of the constitution’s articles are “immoral.” They also challenged President Rafael Correa’s description of church opposition as antiquated.

Government officials, including Correa, have sharply criticized church leaders for their position and accused unnamed priests of disseminating erroneous information in sermons about the documents.

“This is a constitution that defends life,” Correa said. “The text is clear. The rest is simply ignorance or bad faith to keep on playing the games of those groups who want power.”

Augusto Barrera, coordinator between the Executive and the Constituent Assembly, said, “It is not true that the constitution favors abortion. It undoubtedly and clearly protects life and establishes protection and care from the very beginning, that is, conception.”

He also accused the church of being linked to opposition organizations that opposed Correa and his friendship with leftist Venezuelan president Hugo Chavez.

Correa also has questioned the church’s position concerning religious liberty in the document.

“The new constitution recognizes a person’s right to practice, keep, change or profess his religion in public or in private and to share it with others,” he said.

Arregui said the church is concerned about freedom of religion and the right of the church to operate freely.

“We will not enter into a discussion with the president nor limit our right of free expression, including the expression of our religious beliefs,” he said. “We will work to influence the Christian conscience about these issues. Each citizen is free to make his own conclusions about how they ought to vote.”

 

Indigenous Deity

In addition, the mention of an indigenous deity, Paccha Mama, in the proposed constitution has contributed to the rift between Ecuador’s president and Roman Catholic and Protestant leaders.

“We are worried that this invocation of an Incan deity, the Paccha Mama [Mother Earth], a divine being, among the indigenous groups is a worship of Paccha Mama,” said Pastor Loor, who leads an Assemblies of God church in the port city of Guayaquil.

“To include it in the constitution is to return to a time hundreds of years ago when fire and air were worshipped.”

In addition, Pastor Loor charged that the inclusion of Paccha Mama contradicted the new document’s reported secular nature.

The new constitution, which was approved by an elected assembly in late July and will be voted on in a national referendum on September 28, notes in its preface, “We, the sovereign people of Ecuador, celebrate nature, the Paccha Mama, that we are a part of and that is a vital part of our existence.” The document’s chapter on the rights of nature says, “The existence of nature, or Paccha Mama, where we reproduce life, has the right to be respected.”

Carlos Pilaminga, one of the representatives to the constitutional assembly of the indigenous political party Pachakutik, charged that Protestants and Roman Catholics do not understand the “indigenous vision of the cosmos.” Paccha Mama, he said, is not a deity but “is an eternal space where we live and of which we are a part. Pachakamak is our creator, what the Catholics call God and the evangelicals [Protestants] call Jehovah.”

“Our evangelical brothers do not comprehend our religiosity and spirituality,” Pilaminga added.

The constitution has been controversial in Ecuador and internationally because it is seen as consolidating the president’s power over various branches of government, including the banking system and the courts. The document also allows Correa to run for additional terms.

Recent polls have indicated that the constitution is growing in favor but still has not gained enough support to be approved. Ratification would need 50 percent-plus-one vote of those participating in the referendum.

Report from Compass Direct News