Monday, August 25, 2014

Hope for Julian Assange?

Known within political circles as the “Assange Act”, an amendment was made in early 2014 to the Extradition Act 2003 in the British parliament. Resulting from discontent and discomfort over the legal limbo Julian has been in for the past four years – even two years before receiving asylum from Ecuador, Assange had been on house arrest in England, pending potential extradition to Sweden – several British MPs began debating a substantive change to the law that would impede a future Assange situation from happening to someone else.

The amendment is included in the Anti-social Behaviour, Crime and Policing Act 2014 (not the most socially-friendly name), in Chapter 12, Part 12. It specifically states that “Extradition is barred if no prosecution decision has been made in the requesting territory”, as in Assange’s situation. If the country requesting extradition has not yet charged or decided to try the individual being requested, than the United Kingdom will not extradite. This is exactly the case of Julian Assange. The Swedish prosecution has not decided to try him yet or even formally charge him, and the extradition request is merely based on the desire to “question” him about certain allegations he may or may not be involved in.

Julian’s legal team will need to challenge this law in order for it to be applied to his case, since at present it does not appear to be retroactive. [...]Ecuador’s Foreign Minister made reference to the amended law as a potential opening for dialogue with the UK government in the case. Ecuador has also offered to allow Swedish authorities question Assange inside the Embassy, or via videoconference, all to no avail.

  CounterPunch: Eva Golinger
Sounds like a case of punishment, rather than an actual desire to question the man.
Foreign Minister Patiño has stated previously that Ecuador could bring the case before the International Court of Justice in the Hague, or the United Nations. The affronts to Ecuador’s sovereignty, the failure to recognize the asylum granted to Julian Assange and the refusal to provide him with safe passage to Ecuadorian territory are all violations of international law. Julian’s human rights are also affected. [...] Were he to experience a medical emergency and need hospital attention, the British government has already made clear it would arrest him.

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