Assange seeks asylum....in Ecuador Embassy

Australia sanguine on Assange-to-Ecuador, would fight US extradition

Reasons for Ecuadorian escapade emerge
By Simon Sharwood, APAC Editor : Posted in Law, 20th June 2012 00:41 GMT

Australian Prime Minister Julia Gillard says Julian Assange’s decision to seek political asylum in Ecuador is a matter for Assange and not something Australia needs to comment on.

“Mr Assange’s choices are a matter for Mr Assange,” Gillard told a press conference at the G20 meeting in Mexico. “His decisions are for him to make.”

Gillard also said that any extradition to the USA, where Assange could face the death penalty, are hypothetical. “The matters Mr Assange faces are of a sexual complaints nature involving the laws of Sweden,” she pointed out, and refused to speculate on whether extradition to the USA could take place from Sweden.

She did, however, point out that Australia opposes extradition to jurisdictions where the death penalty is enforced. Australia would therefore oppose any such extradition of Julian Assange.

“Let’s be very clear,” Gillard said. “Australia opposes extradition in death penalty cases and would do it for any Australian citizen. The position of the Australian government on death penalty cases is well known and applies to every Australian citizen.”

Asked why Assange has felt it necessary to apply for asylum in Ecuador, Gillard said the WikiLeaks founder has enjoyed extensive consular assistance from Australia and will continue to enjoy it.

Australia’s Attorney-General has declined to comment on the matter, saying it’s one for the Foreign Minister. He, inconveniently, was on a plane as the news of Assange’s bolt broke.

Why Ecuador?
Since Assange’s announcement the world media has tried to figure out just why the silver-haired hacker has chosen Ecuador as his intended destination.

One fine reason is that while Ecuador has an extradition treaty with the USA, it does not apply to political cases. Assange could therefore reside in the tropical nation without fear of being dragged kicking and screaming to the USA.

We found what appears to be a copy of the treaty here(we're confident it's the treaty as it bears all the appropriate statute numbers). Here’s the relevant clause:



Ecuador’s foreign ministry has posted a statement in which it quotes Assange as saying, in a letter, that he has been subject to:

"regrettable factual statement of abandonment received by the authorities of my country, Australia, who state that they will not defend even my minimum guarantees before any government and delegate in the constitution of a foreign country that applies the death penalty for the crime of espionage and treason, and the guarantees it offers to its nationals, ignoring the obligation to protect its citizens, who is persecuted politically.”

The constant mention of political persecution, rather than conventional law-breaking, is surely notable as Assange tries to position himself as a prisoner of conscience.

The Ecuadorian connection runs deep, too. Assange has also interviewed and exchanged letters with Ecuadorian President Raffael Corea, who got very grumpy indeed with the USA over some diplomatic cables exposed by WikiLeaks. The pair seem to share some political positions.

Ecuadorian officials have also, in the past, called for Assange to be granted asylum in the nation. Time's man in Quito suggests that could be for domestic political reasons, as the left-leaning government has been harsh on media and could be looking to bolster its open government credentials.

Ecuadorian Foreign Minister Ricardo Patino has issued a statement in which he says:

“The Government of Ecuador is evaluating the request of Mr. Julian Assange and any decision on it will take into account respect for the rules and principles of the International Law and the traditional policy of Ecuador to safeguard human rights.”

For now, that safeguarding will at least take place in a rather nice bit of London, but as the Ecuadorian Embassy offers its address as a flat, we imagine Assange will be sleeping on a spare bed rather than living in the lap of luxury.

US claims ‘no interest’ in Assange
Get short URL email story to a friend print version
Published: 01 June, 2012, 15:46


The US has no interest in Julian Assange, insists America’s ambassador to Australia. The statement comes as the WikiLeaks founder grasps his last chance before extradition to Sweden, which he fears will pave the way for further rendition to the US.

The US ambassador to Australia, Jeffrey Bleich, rejected as “an invention” claims that Washington was preparing a warrant for the arrest of Julian Assange, an Australian national currently under house arrest in Britain, over WikiLeaks' role in publishing thousands of secret US diplomatic cables last year.

“There is no such thing as a secret warrant. Period. They don't exist,” Bleich told the Australian national public broadcaster ABC on Thursday. “It's not something that the US cares about. It's not interested in it.”

Meanwhile, the website “Justice for Assange” claims exactly the opposite.
“Stratfor [the global intelligence company] emails have revealed that a sealed indictment has been issued by a secret grand jury in Alexandria, Virginia, for Julian Assange,” says the message. “The email is dated 26 January 2011. This means that there has likely been a sealed extradition order for over a year, which will be activated (unsealed) against Assange in Sweden, Australia and the UK when the US Government gives the order.”

Bleich also said Assange’s extradition to Sweden does not pose any advantages to the US. “And frankly if he is in Sweden then there is a less robust extradition relationship than there is between the US and the UK,” Bleich was cited by the media. “So I think it's one of those narratives that has been made up. There is nothing to it.”

But Assange and his legal team fear there is a “real risk” he could be extradited to the US, where he could end up being tortured in a high-security American prison or even face the death penalty.

His defense activists also give counter-arguments to Jeffrey Bleich’s contention that it would be more difficult for his country to get Assange from Sweden than from the UK. They maintain that Assange will face much tougher times in Sweden.

“Public opinion and the media (to a greater extent) are more sympathetic to Julian Assange in the UK than in Sweden,” they write. “Public pressure could draw out the process of extradition to the US in the UK. In Sweden the media climate is hostile due to the sex allegations [Assange is facing there]. Public outcry would be significantly weaker and therefore less likely to stand in the way of a strategically convenient extradition.”

They are sure that in the UK, Julian Assange is better able to defend himself, muster support and understand the legal procedures against him. While in Sweden on the other hand, the language barrier prevents him from effectively challenging the actions he faces. [my comment on this - English is widely spoken in Sweden, so the argument re the language is spurious.]

“The UK is politically better positioned to withstand pressure from the United States than Sweden,” they write. “Sweden is a small country of 9 million people close to Russia. It has grown increasingly dependent on the United States. In recent years Sweden has complied with directives from the United States in a manner that has not been scrutinized by Parliament, as has been revealed by the disclosed diplomatic cables [on WikiLeaks].”

The defense team also fears if eventually Assange ends up he US he would be on trial in the same manner as Private Bradley Manning. The latter is currently facing court-martial for handing over classified documents to the whistleblower’s website. Assange is wanted in Stockholm for questioning over sex crime allegations. On Wednesday, he lost his 18-month marathon court battle in the UK Supreme Court. However, the judges granted him 14 days to make an application to reopen the extradition case.

Assange does not deny that he had sex with two WikiLeaks volunteers in Sweden while attending a WikiLeaks seminar, but insists the sex was consensual and argues there are political motives behind the attempts to extradite him.

Shortly after the extradition verdict, Assange's mother, Christine Assange, who flew to London for the occasion, accused the Australian government of failing to give her son proper support.

“[They have been] absolutely useless. In fact, contrary to help, they've done everything they can to smear Julian and hand him up to the US,” she told the ABC from London.

Australia argued it can not affect the process, but would closely monitor the case.
“The Australian government cannot interfere in the judicial processes of other governments, but we will closely monitor the proceedings against Mr. Assange in Sweden,” a spokeswoman for Australia’s Department of Foreign Affairs said, commenting on the court’s decision to extradite Assange.

A coincidence it might seem, but US Secretary of State Hillary Clinton is set to visit Stockholm just four days after the UK court ruling, to discuss green energy, internet freedom, Afghanistan and the Middle East.

The only example I have found (though there must be many more.surely) is a Catholic Cardinal who applied for US asylum in 1956 in Hungary and had to live in the Embassy there for 15 years till the authorities let him leave the country.

Lamplighter wrote:

The only example I have found (though there must be many more.surely) is a Catholic Cardinal who applied for US asylum in 1956 in Hungary and had to live in the Embassy there for 15 years till the authorities let him leave the country.

That was Cardinal Mindszenty who was accused of having backed the Hungarian Uprising; the Soviets wanted him dead, the US gave him sanctuary after the Hungarians helped him get there. He is much revered in Hungary for his stance (all his life) against totalitarianism. LL

Sabot wrote:He was questioned in Sweden and then allowed to leave.

Q&A: Julian Assange and asylum
Wikileaks founder Julian Assange, who is facing extradition from the UK to Sweden over rape and sexual assault allegations, has spent a night in the Ecuadorian embassy in London after claiming asylum.

Police have said that by spending the night at the embassy he has breached his bail conditions and faces arrest, while Ecuadorian authorities said they were "studying and analysing" his request. So, what are the issues surrounding asylum requests?

Who can claim asylum?

Article 14 of the Universal Declaration of Human Rights states: "Everyone has the right to seek and to enjoy in other countries asylum from persecution."

The European Convention on Human Rights and the International Covenant on Civil and Political Rights also enshrine this law.

Why can't police arrest Julian Assange at the embassy?

Local police and security forces are not permitted to enter an embassy unless they have the express permission of the ambassador - even though the embassy remains the territory of the host nation.

This rule was set out in 1961 Vienna Convention on Diplomatic Relations when it codified a custom in place for centuries by establishing the "rule of inviolability".

The Foreign Office has said that by being at the embassy, Mr Assange is on diplomatic territory and beyond the reach of police.

What is Julian Assange claiming?

The Ecuadorian embassy says Mr Assange arrived at the embassy seeking political asylum from the Ecuadorian government.

Mr Assange fears if he is sent to Sweden it may then lead to him being sent to the US to face charges over Wikileaks, for which he could face the death penalty.

An embassy is obliged to consider whether there is a real risk that the person could be killed or seriously injured if they were handed over to the local authorities. And if there is, they may be held accountable if they surrender that person.

What is diplomatic asylum?

In a broad sense, according to the UN, it is protection which is granted by a country outside its own borders, and particularly through its diplomatic missions. There has been a long history of it within Latin America.

After claiming asylum, does a person have to stay in the embassy?

Some asylum seekers have spent a great deal of time within embassy compounds. Cardinal Jozesf Mindszenty spent 15 years in the US embassy in Budapest following the Soviet crackdown in 1956 in Hungary, before eventually entering exile in Austria.

"He [Mr Assange] can stay in the embassy and we can't enter it without the permission of the ambassador. Cardinal Mindszenty... was over 15 years in the US embassy in Hungary," Mr Aust told the BBC.

"I hope that doesn't happen here. They can hold him for 15 years, or 20 years or 30 years in the embassy if they want to. We can only close down the embassy if that happened, which means the embassy no longer has any diplomatic asylum."

Mr Aust said there was no physical way to get Mr Assange from the embassy to Ecuador itself without the risk of him being arrested by UK police.

Why Julian Assange turned to Ecuador for help
By Irene Caselli
Quito, Ecuador

Julian Assange interviewed Ecuador's President Rafael Correa in April 2012

This year Ecuador made headlines internationally for what critics said was a government crackdown on private media.

Editorials appeared in major newspapers, including The New York Times and The Washington Post, saying that President Rafael Correa was leading a relentless campaign against free speech.

So the decision by Wikileaks founder Julian Assange to seek asylum at Ecuador's embassy in London might seem odd.

However, it does not come entirely out of the blue.

In November 2010, Ecuador's former deputy foreign minister Kintto Lucas spoke of granting Mr Assange residency in the country so he could "freely present the information he possesses".

A few weeks later, Foreign Minister Ricardo Patino and President Rafael Correa backtracked, saying Mr Lucas was speaking "on his own behalf."

At the time Mr Correa said Wikileaks had "committed an error by breaking the laws of the United States and leaking this type of information."

But over the past year and a half, Mr Assange has remained in close contact with Ecuador's embassy in London, and Mr Correa seems to have changed his mind.

'Club of the persecuted'

Mr Assange conducted an interview with President Correa in April for his TV show on Russia Today, an English language channel funded by the Russian government.

During the interview, the Ecuadorean president repeatedly praised Wikileaks and its work.

President Correa argues that private media are trying to undermine his government
Mr Assange and Mr Correa also bonded over issues such as freedom of speech and the negative role of mainstream media.

"Cheer up! Cheer up! Welcome to the club of the persecuted!" said Mr Correa at the end of the amicable exchange, which lasted 75 minutes.

Mr Correa was initially critical of Wikileaks and argued that the leaked cables were trying to destabilise the country.

But his attitude to Wikileaks changed.

In April 2011, the government expelled US Ambassador Heather Hodges following the release of a leaked cable in which she suggested Mr Correa was aware of corruption allegations against a senior policeman when he made him commander of the national police force

Washington responded by expelling the Ecuadorean ambassador.

Diplomatic relations have since been re-established.

Smart move?

President Correa says he is a victim of the private media in Ecuador, which has historically served the interests of the country's economic elites.

But his actions have brought international scrutiny.

Earlier this year, Mr Correa won two separate multi-million dollar lawsuits against journalists for libel.

El Universo newspaper was fined $40m (£25m) and its owners given a three-year jail term.

In a separate lawsuit, two investigative journalists were fined $10m (£6.3m) for discrediting Mr Correa's good name in a book detailing government contracts that benefited the president's older brother.

Following international pressure, Mr Correa pardoned the journalists and the newspaper.

Mr Correa, in office since 2007 and set to seek re-election in 2013, enjoys high levels of popularity in the country.

Granting Julian Assange asylum could be a smart political move by Mr Correa ahead of the election.

It may give him a chance to clear his bad track record when it comes to the media by protecting Mr Assange, who is seen by some as a champion of freedom of speech.

But more practical considerations may also weigh on Mr Correa's mind.

"The president has to make a very hard choice and take into the account relations with the US," Grace Jaramillo, international relations professor at the Latin American Faculty of Social Studies in Quito, told the BBC.

Ecuador has a preferential trade agreement with the US on some 1,300 goods and that deal is up for renewal in January.

lily wrote:I think he is manipulating everything by saying that he will receive the death penalty if he goes. I don't believe it personally.

Sabot wrote:

lily wrote:I think he is manipulating everything by saying that he will receive the death penalty if he goes. I don't believe it personally.

No, Lily, I don't believe it either. But I don't like the way in which America has treated Bradly.