It must be the lawyer and the belief in human rights in me, but I can't
see how the UN committee on Human Rights' definition of "arbitrary
detention" and its decision that he should be freed, fits in with the
case of Julian Assange. What about the rights of the alleged rape
victims and the admissions he made in his depositions? He most
certainly has a case to answer, in my view.
The facts are: He is not being detained. An international arrest
warrant in the UK was issued under due process of English, European and
Swedish Law. He appealed it to the highest appeal court and it was found
to be a valid warrant. In order to avoid being detained under it, Julian
decided that his best option was to go to the Ecaudorian Embassy and
seek political asylum, which was granted. By doing so, he stepped
outside of the the legal jurisdiction of the arrest warrant which then
could not be executed due to international diplomatic law, he has
therefore avoided granting the human rights of his victims to gain their
day in court, as well as his own. He is free to leave the territory of
Ecaudor at any time.
Yes, he will be arrested and he will be deported to face charges and
further investigations and a trial in Sweden. And no, his fear of being
extradited to the USA are no worse than anyone elses, for other alleged
crimes, and no worse here in the UK or in Sweden. I have yet to discover
that the opportunities for extradition from Sweden to the USA are
somehow easier...but I stand to be corrected.
It is OK to be involved in human rights and exposing the secrets of the
state as part of the brief to making sure that a state bureaucracy
conducts its business legally and with respect to the human rights,
security and privacy of the individual, and that classified information
is being classifed not for the purpose of law, but to cover up the
misdeeds of the state bureaucrats and civil servants; but this OK does
not extend to granting immunity to the citizen involved in protecting
human rights against those whose human rights have been violated,
because they themselves wish to be seen as protecting human rights.
It should be an easy decision for Julian Assange to remove himself from
the Ecaudorian Embassy, and return voluntarily to Sweden so that he can
take the opportunity not only to be found not guilty of any crimes
alleged, but to gaurantee the rights of the victims to a hearing of
their case, the two women who have made a complaint to the authorities.
By doing so, Julian would not only be standing up for international
human rights but setting an example, which the state authorities in the
US would find hard to follow.
IMHO.
ATB
Dougie.
