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Australian Foreign Affairs Says UN Assange Ruling Not Binding (zdnet.com)

An anonymous reader writes: ZDNet reports, "The Australian Department of Foreign Affairs does not believe a United Nations panel's ruling that Julian Assange is being "arbitrarily detained" is legally binding. Nor has it made any representations to the British or Swedish governments about the ruling. Department official Jon Philp told a Senate Estimates hearing in Canberra that no representations have been made to Sweden about Assange's case since December 2011. "He is receiving due process under those legal systems," he said. The 44-year-old Australian is likely to remain holed-up in the Ecuadorian Embassy in London after the UK and Swedish governments rejected the UN's ruling in early February."

31 of 158 comments (clear)

  1. So? by drinkypoo · · Score: 3, Insightful

    Australia is well-known as a US bootlicker, and we thank you guys for just how shiny you get the toes. You adopt any legislation we push your way, and we really appreciate your toadying down there. You join a long but distinguished list of other countries who kowtow to the mighty dollar.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    1. Re:So? by Attila+Dimedici · · Score: 4, Insightful

      You missed the point. If Australia does not think that the UN ruling concerning one of its citizens is legally binding, and the UK and Sweden have already taken this stance, then the UN ruling is not legally binding.

      Basically it comes down to this, the UN does not have the ability to force countries to do things they do not wish to do. It has no authority which its member states are not willing to go to war to enforce.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    2. Re:So? by Anonymous Coward · · Score: 2, Insightful

      It's more than that - if the UN ruling is taken as binding, then in future anyone who wants to avoid prosecution for a crime simply needs to hide away for long enough, claim "arbitrary detention" and get a ruling that they can now go free.

      Assange is a fugitive from the justice process. He jumped bail, and *that* is why the British legal system wants a word.

    3. Re:So? by Anonymous Coward · · Score: 3, Insightful

      No, that is the excuse of the British legal system. The reason they want a word is because they want to ship him speedily to the US.

    4. Re:So? by Anonymous Coward · · Score: 5, Informative

      Assange is a fugitive from the justice process. He jumped bail, and *that* is why the British legal system wants a word.

      No he isn't. The Swedes have had years to interview him, even on their "own soil" in London. This isn't about the sex issue with that CIA woman, it's about the US getting "their man," regardless of the cost to other nations.

      If Sweden with so concerned, they could even said someone from their embassy down the road in a taxi to conduct their questioning. So, despite this "case" being years old, they won't make any efforts to do it. Why?

    5. Re:So? by Anonymous Coward · · Score: 2, Insightful

      It's not a matter of choosing to take it as binding or not, in any case, that's just a statement of fact; it isn't binding. It's basically the opinion of an advisory panel, looking at one aspect of the case only. The ruling doesn't challenge or override Sweden's right to issue arrest warrants for people accused of crimes; that isn't in the panel's remit. The ruling does not challenge or override the UKs obligation to carry out a valid European arrest warrant if the named individual is found in the UK; that isn't in the panel's remit either. It's basically a la-la-land opinion that it would be nice if Assange hadn't had to spend all that time in the Ecuadorian embassy, with no realistic process of how that should be achieved.

    6. Re:So? by AbRASiON · · Score: 4, Insightful

      Australian here, in reply to this guys post.
      Absoloutely correct, this country is little America really in a whole heap of ways.

      Our government are a giant bunch of pushover losers. I cringe every time I read about New Zealand, because 9 times out of 10 they do shit right, yet they are what, 1/5'th the size of us?

      Seriously this country is going tits up, it's stupidity.

    7. Re:So? by Anonymous Coward · · Score: 3, Interesting

      The Swedish authorities cannot charge him while he is in London, and so there is little point in interviewing him

      It is not uncommon for the Swedish authorities to travel to other jurisdictions to further their *investigation*.
      In this case they REFUSED to do that ... even though the accused invited them!

      Imagine they interviewed him and discovered more reason to charge him. He would have suffered a blow to his public credibility.

      On the other hand, if they discovered nothing more -- or worse, found he clearly exonerated himself -- then the case would have to be dropped.

      Clearly the Swedish authorities suspected which way things would go ...

    8. Re:So? by Richard_at_work · · Score: 2

      Even if the statute of limitations on the original charges expire, he is still in breach of bail conditions and as such the immediate arrest warrant is for that - the first point of call should he step outside of the embassy will be to be put infront of a judge, who will remand him into custody for breach of bail conditions. This will happen for as long as the bail warrant is outstanding against him, and as such is now an issue unto itself.

      Even if Sweden drop charges, at this point he could find himself doing prison time for the bail offences alone.

    9. Re:So? by Richard_at_work · · Score: 2

      Why should Sweden have to interview someone not on their own terms? There is no requirement for an interview to take place at the pleasure of the person being interviewed.

      Aside from that, you do know that Ecuador has been blocking Swedish attempts to interview Assange in their embassy for the past 3 years, right? One thing after another, with even a treaty being signed just in January about legal cooperation, and still the Ecuadorians are blocking Swedish access to Assange on embassy property.

    10. Re:So? by Lakitu · · Score: 2

      No he isn't. The Swedes have had years to interview him, even on their "own soil" in London. This isn't about the sex issue with that CIA woman, it's about the US getting "their man," regardless of the cost to other nations.

      If Sweden with so concerned, they could even said someone from their embassy down the road in a taxi to conduct their questioning. So, despite this "case" being years old, they won't make any efforts to do it. Why?

      How can you say all of this while simultaneously accusing the US of wishing to have the UK capture him and send him to America? If they wanted to do that, then they, too, could have already done that.

      It's 100% insane to believe that Sweden has had all the time in the world to interview him, but that the combined powers of the US and UK did not have ample opportunity to arrest him, especially if they were focused on "getting their man" regardless of the cost or consequences.

    11. Re:So? by fnj · · Score: 2

      "Hey, Rule of Law? Go f*** yourself!"

      Welcome to the Obama era.

    12. Re:So? by hairyfeet · · Score: 5, Insightful

      Uhhh you DO realize that the US government has ALREADY admitted they had a deal in place to give Snowden a rendition ride if he stepped into Denmark, yes? That they have a looong history of giving rendition rides, to really nasty places so they can get around that pesky Constitution and torture to their little black hearts content? And that the head of the Ecuadorian embassy said flat footed "We'll be happy to hand him over, all you have to do is sign a piece of paper saying this isn't a false pretense to hand him to the Americans" and they refused?

      If you truly believe the CIA would allow a guy that blatantly flipped them the bird like Assange to get away without a rendition ride? Well I have a really nice bridge you will be interested in. Hell if there is one thing you should have learned from the Wikileaks docs its that the CIA has been as out of control as the NKVD for damned near 40 years. And here is a question for you....if it had fuck all to do with rape and not a cheap excuse for a rendition ride, why not simply sign the paper? After all once the investigation was over he would have either been in their jail if found guilty or he would have left if not, neither of which would be any business of the USA, so why not sign?

      The answer is frankly so obvious Ray Charles could see it, which is it didn't have fuck all to do with rape, it was a rendition ride deal and if they would have signed it would have made the Swedish government look like a bunch of lying USA cock gobblers. If there wouldn't have been any paper they could have gotten a little call from their master and then gave a press conference and said "the USA has requested his extradition and we will abide by our treaties" blah blah blah, suck suck suck that USA dick and swallow like a good little bitch. But that little piece of paper would have made them look like lying whores cooking up charges for their master, couldn't have that so hence why they didn't sign.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    13. Re:So? by gstoddart · · Score: 2

      You missed the point. If Australia does not think that the UN ruling concerning one of its citizens is legally binding, and the UK and Sweden have already taken this stance, then the UN ruling is not legally binding.

      Is Australia even a party to this?

      He's hiding in an Ecuadorian embassy, avoiding the British police, related to something which allegedly happened in Sweden, and for which there is fear he'd be sent to the US for something completely unrelated.

      He's so far removed from Australian law here it isn't funny. If he was in Australia fighting extradition, maybe ... but I just don't see how Australia has any inputs here.

      --
      Lost at C:>. Found at C.
    14. Re:So? by penguinoid · · Score: 2

      Assange could use the "It wasn't me, it was the CIA trying to make me look bad" excuse for literally anything at all and some people would believe it.

      Correct. Whenever there's a he-said-she-said situation, people will believe the one they trust more. If the government were perfectly trustworthy, no one would doubt them.

      --
      Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
  2. As an Australian... by YukariHirai · · Score: 2, Interesting

    ...I'd like to say that our Department of Foreign Affairs is full of shit. Just about the entire government is on the subject of anything that matters, really.

  3. The Australian Government. by CRC'99 · · Score: 2, Interesting

    There are many words to describe our current government - however moral, just, fair or competent would not be in the list.

    To say the current mob (which have an approval rating in some kind of glide approximating a two door kelvinator) has any plans at all for leading a country is almost as big a joke as the party itself.

    No vision, no plan, and no real hopes.

    --
    Sendmail is like emacs: A nice operating system, but missing an editor and a MTA.
    1. Re:The Australian Government. by Tom · · Score: 2

      The problem with any two party system

      It's not a two party system problem. My country has 5 or 6 relevant parties.

      It's a systemic problem. Politics is a high-stakes game for low achievers. If you are really good, you don't go into politics. You can earn more for less work and more fun in the private sector.

      "Follow the money" is always a good rule. If you think the chancellor (yearly salary: Less than half a million Euros) can meet with the head of a big bank (yearly salary: 20+ millions) and they will talk like peers, you are an idiot.

      --
      Assorted stuff I do sometimes: Lemuria.org
  4. Re:Assange should arrest himself by Anonymous Coward · · Score: 2, Insightful

    The fact that you relate him to robbers tells how off your mindset is about him.

    He has been detained in how they are treating him and the levels they have gone through to get him for QUESTIONING, not actually charging him and they could have questioned him in the embassy for years yet refused to do so even though they have given others the same level of considerations and he was more than willing to come out so long as they gave him assurances that he would not be extradited to the US which they refused to do.

    They are obeying the letter of the law while completely spitting in the face of it's intent.

  5. Re:Assange should arrest himself by Anonymous Coward · · Score: 2, Insightful

    Their continuted refusal to provide assurance of him not being extradited to the US to face espionage charges tells quite clearly what their intent in the matter is. At this point I doubt even the swedes care whether or not the case has merit.

  6. Re:Why isn't the UK applying UK law to Assange by Anonymous Coward · · Score: 3, Interesting

    Why would UK do that?

    UK strips citizenship from its citizens to permit their killing by US drones,
    And to permit rendition to the prison camp in New York:
    https://theintercept.com/2016/02/05/mahdi-hashi-metropolitan-correctional-center-manhattan-guantanamo-pretrial-solitary-confinement/

    So this idea that they would help Assange, is laughable.

    Given the surveillance, the only thing we're sure about, is that Cameron is NSA approved, if he wasn't his dirty secrets would have been leaked by NSA and their puppy GCHQ. So Cameron won't upset the people who helped ensure he got to power.

  7. Re:This is highly ridiculous. by Big+Hairy+Ian · · Score: 2, Interesting

    I just love the fact that the UN thinks he's being detained. He went into the embassy of his own free will and accord and sought asylum which broke the terms of his bail. He is therefor liable for arrest as soon as he exits the embassy but he's not currently being detained by the UK. As for his assertion about being extradited from Sweden to the US. Sweden doesn't have an extradition treaty with the US.

    --

    Build a Man a Fire, and He'll Be Warm for a Day. Set a Man on Fire, and He'll Be Warm for the Rest of His Life.

  8. Re:Why isn't the UK applying UK law to Assange by Richard_at_work · · Score: 3, Informative

    No, the UK does not say that - this has been settled three times in British courts with regard to this specific case, and each time the EAW has been found to be legal and correct, with many pages spent explaining the determinations in detail.

    http://image.guardian.co.uk/sy...

    Points 120 onward.

  9. Re:Assange should arrest himself by ericloewe · · Score: 2

    You're a moron if you confuse the definition of "being detained by" with the definition of "seeking refuge in a tiny embassy and refusing to leave".

    His being an asshole, as well as the validity of the charges aside, he is not detained, by the very definition of "to be detained". Therefore the ruling is the stupidest thing an international organization has said recently (which is saying a lot).

  10. Re:Assange should arrest himself by Richard_at_work · · Score: 2, Insightful

    Why should Sweden agree to assurances for Assange not to be extradited to the US? Assange isn't bargaining from a position of power, why should Sweden agree to anything?

    An arrest warrant is not a negotiation, the subject does not get to detail terms and conditions.

    The "extradition to the US" thing is another of Assanges distractions, as it would have been easier to extradite him from the UK than it would from the US. And yet he lived here in complete safety for years before consigning himself to the Ecuadoran embassy. People should read up on the Extradition Act 2003, which allows the US to require Assange to be extradited with minimal reason.

  11. Embassy life by AHuxley · · Score: 4, Informative

    The good news is the whistleblowing material reached the public and press in full. Whistleblowing material and full public release.
    https://cryptome.org/2013-info...

    Long term what could happen?
    The prospect of Sweden doing a "temporary surrender" to the US and its secret grand jury before returning to Sweden again.
    "Julian Assange: where does he go from here?" (September 12, 2015)
    http://www.theaustralian.com.a...
    "They admit that the grand jury is continuing. "
    "Don't lose sight of why the US is out to get Julian Assange "
    http://www.theguardian.com/com...
    "There are specific risks in Sweden – for example, its fast-track "temporary surrender" extradition agreement it has with the US. "
    Revealed: US plans to charge Assange
    http://www.smh.com.au/technolo...
    "... the existence of a ''temporary surrender'' mechanism that could allow Mr Assange to be extradited from Sweden to the US."

    The other history is that of József Mindszenty
    "...political asylum by the United States embassy in Budapest, where Mindszenty lived for the next fifteen years"
    "Mindszenty lived there for the next 15 years, unable to leave the grounds"

    --
    Domestic spying is now "Benign Information Gathering"
  12. Re:United No-nos by Richard_at_work · · Score: 2

    This wasnt a UN resolution nor a formal statement, it was an opinion issued by the Working Group On Arbitrary Detention, an independent body formed by a UN mandate to investigate reports - it has no legal position, no legal standing and its opinions are not backed by a judicial stance or position.

    Its a ludicrous opinion that they came to, because in their full explanation on the matter, they consider not only Assanges current situation in the Ecuadoran embassy to be "unlawful detention", but also every moment he spent under judicial remand in the UK - including his original arrest prior to bail, his detention at his friends house during the court cases and appeals, *and* his self-imposed detention in the Ecuadoran embassy.

    So yes, the Working Group On Arbitrary Detention considers the legal processes of the UK to be "unlawful detention", a situation that *millions* of cases over hundreds of years in the UK and hundreds of cases over dozens of years in the European Court of Human Rights has never, ever come to.

    The Working Group On Arbitrary Detention, a panel of 5 people, seems to think it has a better opinion than tens of thousands of judges and judicial representatives across several countries.

    So in short, fuck them.

  13. Re:Assange should arrest himself by Richard_at_work · · Score: 2

    Why should Sweden agree to assurances for Assange not to be extradited to the US?

    Because Assange has never been to the US and has never committed a crime there.

    He has also never been to Guatemala and never committed a crime there. Are we going to have to enumerate every country that Assange has never been to and never committed a crime in?

    An arrest warrant is not a negotiation, the subject does not get to detail terms and conditions.

    Well, it seems given that Assange is not under arrest, reality disagrees with you.

    An arrest warrant means there is a warrant for his arrest. It has nothing to do with whether the subject is actually, currently under arrest.

    Assange is free to continue to avoid being arrested, but that doesn't mean he can set terms and conditions for his surrender to the authorities. The arrest warrant can remain in force for as long as needed.

    The "extradition to the US" thing is another of Assanges distractions, as it would have been easier to extradite him from the UK than it would from the US

    Except you know, Sweden just handed people over to the CIA to be tortured with no evidence, no trial and no judicial oversight of any sort. The UK has never done that.

    And your point is? How does any agreement not to extradite prevent that?

    Also, as there have been extraordinary rendition flights from the UK to the US, all you can say is that the UK have never been caught...

    which allows the US to require Assange to be extradited with minimal reason.

    But they do need a reason, unlike Sweden who has a record of not requiring reasons.

    Also, torture.

    Under the Extradition Act 2003, all that is needed is "reasonable suspicion" for someone to be extradited from the UK to the US. You also ignore the fact that there were legal recriminations for the Swedish government in the specific cases on which you are basing your comments about Sweden, with significant damages being awarded to multiple individuals.

  14. Cobber? by DoctorBonzo · · Score: 2
    Aussie word?

    Would like to know the meaning & etomology, especially if it's perjorative, please.

  15. Re:Assange should arrest himself by gmack · · Score: 2

    No, the issue is that there is no one in Sweden who can legally make that assurance. If the US were to make a case for extradition while he is there, that would have to go through the Swedish courts and no one would have the right to override that.

    The reality though is that Sweden is far less likely to extradite him to the US than the UK so the entire argument about extradition to the US is nonsensical. If the Americans had wanted him they would have applied directly to the UK government..

  16. Re:This is highly ridiculous. by CrimsonAvenger · · Score: 2

    As for his assertion about being extradited from Sweden to the US. Sweden doesn't have an extradition treaty with the US.

    Extraditing from the UK (which is the US's BFF) to Sweden (which doesn't particularly care for the US) in order to get Assange extradited to the US really makes no sense at all.

    If we'd really wanted Assange all that badly, we'd have just asked the UK to extradite him straight to the US and been done with it....

    --

    "I do not agree with what you say, but I will defend to the death your right to say it"