Amnesty's Simon Crowther on why the #AssangeCase is so important for freedom of 
expression:
"(extraditing) would set a chilling precedent on journalists around the world, 
and has implications far beyond Julian Assange"

https://twitter.com/wikileaks/status/1453386063171444744?s=21

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Açık Çar, Eki 27, 2021 17:02, zeynepaydogan <zeynepaydo...@protonmail.com> 
yazdı:

> Twenty years on, virtually no one responsible for alleged US war crimes 
> committed in the Afghanistan & Iraq wars has been held accountable, yet a 
> publisher who exposed such crimes could face a lifetime in jail
>
> Sent from ProtonMail for iOS
>
> Açık Çar, Eki 27, 2021 14:42, zeynepaydogan <zeynepaydo...@protonmail.com> 
> yazdı:
>
>> https://www.amnesty.org/en/latest/news/2021/07/the-us-diplomatic-assurances-are-inherently-unreliable-julian-assange-must-be-released/
>>
>> The US diplomatic assurances are inherently unreliable. Julian Assange must 
>> be released
>>
>> This month, the Biden Administration offered diplomatic assurances to the 
>> British authorities that if they allow the extradition of Julian Assange to 
>> the United States, the Administration will not imprison him in the most 
>> extreme American prison, ADX Florence, and will not subject him to the harsh 
>> regime known as “Special Administrative Measures” (SAMs).
>>
>> Il Fatto Quotidiano’s Stefania Maurizi asked Julia Hall for an analysis of 
>> these assurances and for comment on the Pegasus scandal, which Amnesty 
>> International has greatly contributed to exposing.
>>
>> The investigation on Julian Assange and WikiLeaks was opened by the Obama 
>> Administration, but it was Trump who charged him and we now have president 
>> Biden. Amnesty International is asking for the charges against Assange to be 
>> dropped. Do you believe it is likely that the Biden Administration will drop 
>> them?
>>
>> We had some hope early on, when the Biden Administration first took office 
>> in January, and we really thought that potentially there could be a review 
>> of the case. Biden was the vice president in the Obama Administration, and 
>> the Obama Administration clearly chose not to pursue Assange, and so there 
>> was some hope at the beginning. Then we saw the appeal. It was really quite 
>> disappointing, because we did think that possibly there was an opening 
>> there, and for reasons that the Administration has not articulated well so 
>> far, they have made the decision to pursue.
>>
>>> The strategy is to keep Assange detained as long as possible. It’s a kind 
>>> of death by a thousand cuts.
>>>
>>> Julia Hall. Amnesty International
>>
>> At this point, I think the appeal will go through in the United Kingdom, and 
>> the disturbing thing about it, in addition to the fact that they are 
>> appealing at all, is how long things will take, how this really continues to 
>> harm Assange because of his conditions in detention in the UK, especially 
>> now with COVID-19. This is part of the strategy to keep him detained as long 
>> as possible, it’s a kind of death by a thousand cuts.
>>
>> Can you explain to us why Amnesty International thinks that diplomatic 
>> assurances will not work, and therefore opposes the extradition of Julian 
>> Assange to the US despite those assurances?
>>
>> The US made it very easy for us to oppose the extradition, because they gave 
>> with one hand and took away with the other. They say: we guarantee that he 
>> won’t be held in a maximum security facility and he will not be subjected to 
>> Special Administrative Measures and he will get healthcare. But if he does 
>> something that we don’t like, we reserve the right to not guarantee him, we 
>> reserve the right to put him in a maximum security facility, we reserve the 
>> right to offer him Special Administrative Measures. Those are not assurances 
>> at all. It is not that difficult to look at those assurances and say: these 
>> are inherently unreliable, it promises to do something and then reserves the 
>> right to break the promise.
>>
>> The judge, Vanessa Baraitser, who denied extradition last January, said: 
>> under section 91 of the Extradition Treaty, it would be oppressive to send 
>> Julian Assange to a situation in the United States where he may be subjected 
>> to conditions of detention that could lead him to self-harm or suicide. So 
>> when you look at the assurances and you see that the US government reserves 
>> the right to put him in a maximum security facility or to subject him to 
>> Special Administrative Measures, based on his conduct, you are not in a 
>> state where the prohibition of torture is absolute.
>>
>>> There is a much bigger issue at stake that goes way beyond Assange. The 
>>> Assange case would affect so many people, should he be sent to the United 
>>> States and prosecuted
>>>
>>> Julia Hall, Amnesty International
>>
>> The prolonged solitary confinement that exists in maximum security 
>> facilities, or if he is subjected to SAMs, are a violation of the ban on 
>> torture. The ban on torture cannot be conditioned on anything he does; it’s 
>> an absolute ban. No matter what you do, under international laws, you cannot 
>> be tortured. It’s really important to remember that the standard in Europe 
>> is: is a person at risk of torture or ill treatment? You don’t have to say 
>> that he will absolutely be tortured or ill-treated, you have to say: is it a 
>> situation where this person would be at risk of torture? The US has built 
>> that risk into these assurances.
>>
>> I have been studying this in the context of the US rendition programme for 
>> almost two decades. The US has made it easy for other governments to use 
>> assurances, but what this really does is undermine the international 
>> prohibition on torture. The UK government should not be involved in any 
>> further undermining of the global ban on torture, it should be promoting the 
>> global ban on torture.
>>
>> It is a much bigger issue that goes way beyond Assange. The Assange case 
>> would affect so many people, should he be sent to the United States and 
>> prosecuted.
>>
>> Journalists and experts who have followed the case for the last decade 
>> believe that what the US and the UK authorities want is for him to either 
>> commit suicide or leave the UK prison brain dead. Do you agree with this?
>>
>> I am not a forensic or medical expert on torture, what I can tell you is 
>> that international standards will be violated if he is transferred to the 
>> US, and we do have very serious concerns about the proceedings. They have 
>> been carried out for over two years with Assange in Belmarsh, during the 
>> COVID-19 pandemic, in conditions that have exacerbated his mental health 
>> conditions.
>>
>> It is clear to us that he should be released on bail, pending the conclusion 
>> of the proceedings in the UK. In the absence of the administration dropping 
>> the extradition, the court process has to continue, but in the middle of 
>> that, he should be released. You cannot have a court judgement saying: this 
>> person is at risk, because his mental health condition is so fragile, and 
>> then keep him in Belmarsh, which just continues to help degrade his mental 
>> health condition.
>>
>> There is action on the US part to drop the charges, but there are immediate 
>> actions that the UK can take right now, to alleviate and to mitigate the 
>> conditions that actually continue to contribute to his mental health status, 
>> which is quite fragile.
>>
>> Before his arrest, Julian Assange and his visitors were spied on inside the 
>> Ecuadorian Embassy. This week, Amnesty International greatly contributed to 
>> revealing how thousands of journalists, human rights activists and political 
>> leaders were potentially targeted by a cyberweapon called Pegasus, marketed 
>> by an Israeli company, NSO Group. Do you think it’s time for a global 
>> moratorium?
>>
>> Yes, we have called for a moratorium until a strong, effective, meaningful 
>> human rights regulatory framework is in place. Stop now, and let’s come 
>> together and create a framework where people like human rights defenders, 
>> journalists, opposition politicians, lawyers, they will not be targeted by 
>> that software and – or, if they are, they have recourse. Our call is strong 
>> and direct, it’s not ambiguous.
>>
>> It’s time to make people who defend the use of such tools for anti-terrorism 
>> purposes understand that these are weapons: the so-called cyberweapons.
>>
>> I actually think they already know. Governments are buying from this 
>> company, they can buy under the guise of only pursuing criminals and alleged 
>> terrorists, but it is key to the notion of the state monopoly on power that 
>> the state is going to use any new tool that it gets to maintain that power 
>> for purposes beyond those for which it was intended. It’s very clear what 
>> happens with this spyware. This is a wakeup call, really, to the rest of the 
>> world, that simply trusting that the government is going to purchase spyware 
>> only to catch the so-called bad guys is not true. It has been exposed 
>> through the work we have done as technical partners on this report, and our 
>> partners in Paris, Forbidden Stories, have done. This is such an important 
>> story and hopefully the public will be educated to roll back surveillance of 
>> this type.
>>
>> Twenty years after 9/11, we see that in our Western democracies the war 
>> criminals and the torturers are free, whereas Julian Assange is in prison 
>> precisely for revealing those crimes. Isn’t it time for public opinion to 
>> wake up before it is too late for our democracies?
>>
>> That is precisely what we are trying to do with this report on Pegasus, with 
>> the work on Assange. Who is really the perpetrator of the human rights 
>> violations, who is violating the humanitarian laws, who is committing war 
>> crimes? It is not Julian Assange, it is not dedicated journalists and 
>> publishers who put information in the public interest into the public domain.
>>
>> The perpetrators of these crimes are state actors or agents of the state, 
>> and that is why Assange is a threat and other publishers who do the same are 
>> a threat, because they push way beyond their weight in terms of holding the 
>> states accountable, and states don’t like it. Assange is such an important 
>> test case, because he is representative of all that, of state power, and if 
>> the US extradites him, if the US gets that long arm to reach out and grab a 
>> foreign publisher and bring him into the United States, and says he doesn’t 
>> have First Amendment rights to do what he does, that precedent can be 
>> damaging so far beyond this case, and that is why we are trying to forestall.
>>
>> mailto:zeynepaydo...@protonmail.com
>>
>>>

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