No-one was celebrating when it became apparent that the dense hour of argument and counter argument in the vaulted courtroom number 4 in London had resulted in a further stay of extradition for WikiLeaks editor-in-chief Julian Assange.The arguments turned on obscure but important skirmishes over the controversial use of European Arrest Warrants (EAWs) to transfer people from one country to another.
To get the technicalities out of the way, leave has been given for Mr Assange’s legal team to apply to the Supreme Court to have an argument heard that a politically appointed prosecutor in Sweden doesn’t qualify as a ‘Judicial Authority’ under mutual assistance agreements between Sweden and the UK.
The court would normally take up to six weeks – well into February 2012 – to decide if it wants to hear the argument, but someone behind the scenes appears to be in a serious hurry and it’s likely a decision will be made on December 19th, one day after the deadline for Mr Assange’s legal team to present their arguments. Depending on the outcome, Mr Assange may well shortly thereafter find himself in Gothenberg prison awaiting questioning and possible prosecution.
In the mean time, he will continue to live in legal limbo at Ellingham Hall in Norfolk with an electronic ankle manacle and a curfew for company. Not quite a cause for celebration, but it was nonetheless a valuable opportunity to take part in the post-hearing debrief where the tight knit team of lawyers, campaigners, hackers and troublemakers downloaded a year of suspense and misadventure for the benefit of travellers from afar.
Assange in person is focused and measured, warm and remarkably good humoured for someone who has deliberately aroused murderous fury amongst some of the most powerful people on the planet. The antidote to pervasive hostile surveillance appears to be cheerful self-surveillance – every conversation is recorded and documented to within an inch of its life – in addition to the occasional all-out transparency assault on the watchers themselves, for which the WikiLeaks founder now has a well deserved reputation.
Stockholm in winter is about as far from summer in Fremantle as you can get. It is a long way to chase another Australian citizen from courtrooms in London to Sweden, but it is worth it to gain a better understanding of what his conditions and entitlements will be if the extradition goes ahead. I trust that proceedings in Sweden will be conducted with fairness and rigour – if there are charges, let them be finally laid and the evidence heard.
The reason for my visit is that I have no such trust in how the rule of law will be applied in the United States in the current political climate, and I hold grave fears for Mr Assange’s safety if he is transferred there. In an election year in which senior Republican figures have pre-emptively declared him a terrorist, we need to look no further than the medieval treatment of Private Bradley Manning to understand the risks now faced by Julian Assange.
It is easy to dismiss calls for his casual murder as voices from the fringe, but remember – the United States has now completely normalised extrajudicial killing of foreign citizens by remote-piloted drones and highly trained kill teams. The post-911 legal environment in the US long ago passed the point of corrosive paranoia with regards anything relating to terrorism, and has drifted into a realm quite unhinged from the constitutional protections of which America was justifiably proud.
The regular process of extradition from Sweden to the US comes with important safeguards, the most important being that Sweden would never consent to an extradition for politically motivated charges, and the UK Home Secretary would also have to give its consent, a process safeguarded by judicial appeal.
But here we come to a grey area. What will the Swedish Government do if the US seeks the ‘temporary surrender’ of Mr Assange while in custody in Sweden? This is a little-known and poorly understood clause buried within the EU-US Extradition and Mutual Legal Assistance agreements signed into Swedish law in February 2010. It appears to allow a ‘fast track’ extradition, more akin to extraordinary rendition, in which Mr Assange could be taken rapidly out of custody in Sweden and transferred to the US to face prosecution on serious charges relating to espionage or computer crime. This would require the consent of the Swedish Prime Minister. The question is whether this option is on the table.
It is now more than a year since the spectacular releases of US State Department diplomatic cables to the world’s major newspapers, longer yet since the horrific revelations of the Iraq and Afghanistan war logs. There has been time enough to consider the consequences.
The issue at stake here is trust. There is a form of consensus of the governed in open democratic societies, that we understand the need for a certain amount of confidentiality in international diplomacy. This does not mean we deserve to be lied to, tediously and repetitively deceived on matters of life and death.
I discovered things about my country that sit extremely uncomfortably. So did citizens of Sweden, and citizens of the United States. The release of this information was strongly in the public interest – not because states don’t deserve a modicum of discretion in their operations (I believe they do), but because occasional acts of unexpected transparency hold up a mirror of truth.
For those who have told the truth, the release of the cables hold little consequence other than validation. For those who have honourably dissembled, the releases are instructive and clarifying. For those who have just simply lied about war, governance and commerce, they are an indictment. And a very great many people have lied, in our names, and on our payroll.
Open democracies where the truth still holds currency will weather this transparency storm vastly better than regimes that have come unmoored from the rule of law. Twelve months after the cable releases, senior military and political figures in the US have acknowledged that while embarrassing, the releases did no lasting damage. No-one died. We just understand better how power really works, and that is the primary role of a free press.
In the first line of the London High Court’s ruling in November, Mr Assange was rightfully acknowledged as a journalist. On the other side of the world, in Australia’s most prestigious media awards a few weeks later, he was honoured with a Walkley Award for outstanding services to journalism. Without people willing to take such risks to confront power, the democratic protections which those of us in fortunate parts of the world take for granted are sapped and eroded.
The Australian Government has been slow to react to the possibility of the publishing organisation known as WikiLeaks being crushed by a wounded superpower, it still doesn’t appear to understand the threat of Mr Assange’s rendition to the US, and our Prime Minister appears mainly concerned with keeping her head down in the hope this will all go away.
The thing is, it won’t. Time is now very short. If Mr Assange ends up jailed in Sweden, Australia has the ability to repatriate him under the International Transfer of Prisoners (ITP) scheme. Australia must strongly insist that there will be no rendition to the US under the ‘temporary surrender’ mechanism. It’s time our Government pushed back on companies including Visa, Mastercard and Paypal, and demanded to know why they are continuing the crippling financial blockade of WikiLeaks. If indeed the blockade is legal under Australian trade practices law, then that’s a problem the Australian Parliament can remedy.
Remember the campaign against the unwanted and misguided internet filter? No-one directed that campaign – it was won by tens of thousands of people spontaneously deciding that their individual contribution was worth the effort. The messy, unplanned collective result was worth vastly more than the sum of its parts – inventive, well networked, determined and effective.
The stakes here are much higher, because freedom of speech, freedom to publish, freedom to demand transparency of government and privacy of the individual, are the sources from which all our other freedoms flow.
- http://fieldnotes.org.au/2010/12/15/wikileaks-future/ –> earlier blog post on cablegate
Well said Senator
Thank you for this brilliant, thoughtful and needed post and for your efforts. I am an American who only recently took the time to read through all the articles and review the videos on this saga. I am appalled at the actions of Bill Keller, and the NY times, as well as the Guardian. They clearly are under political influence. It is also clear to me that what is happening to Assange and Manning is unethical and dangerous for all citizens, of all countries. But in particular for any possibility of the survival of a healthy society in the US. I think anger comes from powerful groups that are political hybrids composed of both government and corporations. In the US the marriage of these interests have corrupted our ethics and damaged our history. In some sense, the US elite’s hatred of Assange, exposed in all it’s glory, may finally expose to the majority of the US pubic, what is truly going on in our country. And this, hopefully, will bring about change. I am grateful to Mr Assange for bringing about even the possibility of change. He is not perfect, he is a flawed human like us all. But his actions will go down in history, eventually, as something beneficial to us all. He knew the risks, and he was still willing to do his job. That in itself, takes great courage.
The calm & reasoned voice of @SenatorLudlum
My interview with him after the Court extension in London,
http://tonyserve.wordpress.com/2011/12/07/audio-senator-scott-ludlam-in-london-for-julian-assange-calls-on-australia-pm-ag-to-bring-him-home-wikileaks/
7 minutes 30 seconds
Thanks Tony for the audio link of your relevant and informative interview with Scott Ludlam.
Nothing has disappointed me more about the current Labor government and, post-conference, the Labor party itself, than the ease with which it has surrendered its morals and its principles in pursuit of an illusory “middle ground”. The Right will simply NEVER vote for Labor and the majority of people that used to feel Labor was a home are moral and principled and looking elsewhere. They are Labor’s core constituency and they are being driven away by the influence the faceless internal ALP voices have on the leadership. They have been silent with Hicks, they have been silent with Assange. When, finally, someone comes for them, the silence will endure because there will be no-one with them
In the first line of the London High Court’s ruling in November, Mr Assange was rightfully acknowledged as a journalist. An Australian Abroad @SenatorLudlum
Refreshing to see the Greens’ spokesperson for Communications, Housing, Human Heritage, Legal Affairs, Local Government, Mining, Nuclear Issues, Public Transport and Sustainable Cities up to date with whats going on all with the Julian Assange EAW case.
The Assange – EAW case is important for so many more reasons that those which are immediately apparent. I think you can see that.
Unfortunately my feelings are somewhat tempered by the continuing zero support issuing from the Prime Minister. PM Gillard, interestingly enough became Prime Minister, August 21, which is when the first charges were dropped, if action had been taken then, in the form of diplomatic assistance, maybe the story would be very different.
Now, was the time of “caretaker” Government taken advantage of by those who were seeking to extinguish Wikileaks?
Thank you.
Virgil
If the United States tried to extradite Mr. Assange from Sweden under normal extradition processes, he would be held in prison in Sweden pending the outcome in Swedish courts and then pending the outcome in British courts. This could take years, so even a regular extradition attempt is unacceptable. If this scenario plays out, I hope that Australia will be able to repatriate Mr. Assange by some means before he rots.
Well written, Scott. If only Australia had more polititians like you.
I often listen to the radio broadcasts of the Australian House of Reps and Senate (I’m interested in how a disfunctional democracy fails to work!).
I will never forget how the Labor Government recently voted WITH their supposedly hated opponents the Liberal/Nationals to extend a “censure” debate AGAINST THEMSELVES just so they could prevent Senator Scott Ludlum from asking a question on this very point about stopping Assange from ending up “rendered” to the US.
Working out why anyone who cares for Democracy or Rule of Law can back either of our duopolistic major parties will be the key to undoing the damage to our democracy.
My opinion is that allowing Rupert Murdoch such a powerful position in our media ownership landscape (70% of Newspapers in Australia!) was the most dangerous and treacherous thing this country’s leaders have ever done to us.
We are now governed by neo-liberal/US stooges and our media is effectively controlled by Murdoch.
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Its a very rare thing these days to be proud of a politician representing you. Thank you Scott.
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Criticism of government behaviour by media is essential for development of societies. Like everyone I would like to prefer the western military to meet ethical standards and discipline its own without the need for the world and particularly our enemies to see/use this information as propoganda.
However its time to realise that this has not and will not happen without a completely free media, and not merely an ‘entrenched’ media.
You have to ask why US soldiers and others send this material to wikileaks, and why they dont go through military channels to redress the unacceptable behaviour seen in those now famous wikileaks videos.
Also I just dont buy the argument that it puts lives at risk releasing this material.
I bought the lie of weapons of mass destruction, I bought the lie of only 50 000 civilians dead in iraq, when the real figures were 10-20 x this……..so I dont buy the US governments claims that this will cause death of informants without hard evidence.
What we do know for sure is that supression of free media will increase civilian casualties from powerful nations who believe they can disregard human rights of civilians.
“so I dont buy the US governments claims that this will cause death of informants without hard evidence.”
Evidence that civilians were harmed by the leaks would be as valuable to the Obama administration as evidence of WMDs would have been to the Bush administration. I can guarantee you they have people scrambling about hunting for anyone who’s been hurt by the leaks, and the fact that they haven’t found that sweet validation suggests that nobody has been hurt by the leaks. (Apart from Ben Ali, Muammar Gaddafi and Hosni Mubarak.)
Besides which, it’s a bit rich for the US government to accuse wikileaks of having blood on it’s hands when they are responsible for the deaths of AT LEAST a hundred thousand Iraqis.
could we clone you and infest the Parliament with more thinking caring politicians
kick vexnews in the bollocks regarding taxpayer funding of your trip.
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