The Aus govt is closing its eyes to the massive body of evidence that the US has been guilty of war crimes, torture, rendition and violations of the rule of law, and our PM says he should be sent there to “face the music”. Very different story if the nation is Iran.
The political motivation of this prosecution violates 81a) of the UK US Extradition Treaty and the unfair trial & harsh detention in the US due to his political beliefs violates 81b)
The alarming breaches of the rule of law in the US ordered surveillance of #Assange and his lawyers in the Ecuadorian Embassy, and the theft of his legally privileged materials, should constitute grounds for dismissal of the entire case
This administration telegraphed in denunciations its intention to prosecute. After the comments made by Pompeo & Trump, there can be no “presumption of good faith on the part of the requesting state” as the Prosecution demand.
All the relevant evidence was known in 2011. Career prosecutors condemned the superseding indictment that criminalises journalism. Clearly #Assange ‘s actions challenge governmental authority - an individual who exposes abuse and war crimes by a state, & is being prosecuted.. for
... for this very act, is entitled to the protection of section 81(a) and also to the protection of Article 4 of the Extradition Treaty
Prof P Rogers put it well: #Assange has a “libertarian view of the need for individuals and public groups to produce a much greater degree of transparency and accountability”. J wanted to shift regime behaviour by disrupting authoritarian conspiracies so as to reformbadgovernance
Get this. The Prosecution claim the clear and obvious violations of legal professional privilege during the surveillance in the embassy are a non issue because no advantage this obviously confers to them will be used. Believe that or not, they broke the law in obtaining info.
The judge is bound to take into account the very real risk of discrimination on grounds of nationality and political opinion -
Section 81(b) of the Treaty, as the US position is #Assange is not entitled to First Amendment protections because he is a foreigner.
So while the US ensures its own citizens cannot be brought before the ICC, it denies the universal right to freedom of speech & the right to receive and impart information, to a foreigner they are prosecuting under an arcane domestic law. Quite exceptional..
Once convicted, he will be held under SAMs conditions because he is & will continue to be considered a national security risk according to a former prison Warden, adding another layer to the obvious political nature of this entire case, and why 81b) applies as clearly as 81a)
His extradition should also be barred by the unreasonable passage of time (Treaty S82) for which the Prosec have provided no reason, the deterioration in his health because of the timeframe, & his new links in the country from which he is sought, not to mention int. asylum law
To be continued :)
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