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- | ======Letter templates===== | ||
- | **Not sure what to write? Here is some inspiration.**\\ | ||
- | \\ | ||
- | ====Letter 1 : UK MPs , or general letter==== | ||
- | \\ | ||
- | Dear _____ _____ MP, | ||
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- | I write to you to raise concerns about Julian Assange who is currently held in Belmarsh prison awaiting the conclusion of an extradition hearing. I am very concerned that he should be released before the coronavirus spreads through the prison population. As a vulnerable prisoner whose health is already in jeopardy further isolation would be damaging in itself, let alone the threat that the virus breaks out inside the prison. The increased health risk means he should be released immediately. There is a high possibility that the prisons will cancel all social visits, as prisons in Northern Ireland have already done, which means it will be impossible for even his family and friends to visit. The UK prison service has already begun releasing some low risk prisoners. Releasing Julian Assange and other vulnerable prisoners would reduce the risk of outbreak of the virus inside the prison. The Prison Officers Association and the Prison Advisory Service and the Shadow Justice Minister, Richard Burgon MP, have already called on the prison service to release low risk prisoners. Julian Assange is not in prison for committing any crime and is no threat whatsoever to the public. Please add your voice to those calling for his immediate release. | ||
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- | Yours sincerely, | ||
- | ---- | ||
- | ---- | ||
- | ==== Letter 2 : Chief Magistrate Emma Arbuthnot and Judge Vanessa Baraitser ==== | ||
- | \\ | ||
- | Attention : Chief Magistrate Emma Arbuthnot, Judge Vanessa Baraitser\\ | ||
- | \\ | ||
- | To: westminster.mc@hmcts.gsi.gov.uk \\ | ||
- | Cc: westminster.ij@justice.gov.uk\\ | ||
- | \\ | ||
- | Subject: **Bail and immediate release for Mr Julian Assange**\\ | ||
- | \\ | ||
- | \\ | ||
- | Her Honour Chief Magistrate Emma Arbuthnot, | ||
- | Her Honour Judge Vanessa Baraitser, | ||
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- | All detainees must be protected from preventable danger and extreme COVID-19 Risk. | ||
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- | Mr Julian Assange suffers from depression and has a chronic | ||
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- | Mr Assange is entitled to the presumption of innocence while he is detained. | ||
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- | His health and well being must be ensured to enable fair defense of his innocence in the upcoming trial. | ||
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- | As a non violent detainee, Mr Julian Assange, currently detained | ||
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- | I urge you to consider the request of bail and immediately release Mr Julian Assange from HMP Belmarsh. | ||
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- | Thank you for your attention, | ||
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- | Yours faithfully, | ||
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- | ---- | ||
- | ---- | ||
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- | ==== Letter 3 : UK PM Boris Johnson (from International Jurists) ==== | ||
- | \\ | ||
- | (found at: https:// | ||
- | \\ | ||
- | Rt. Hon. Boris Johnson MP\\ | ||
- | 10, Downing Street\\ | ||
- | City of Westminster\\ | ||
- | London\\ | ||
- | SW1A 2AA\\ | ||
- | \\ | ||
- | Subject: **International Jurists’ Letter in Defence of Julian Assange**\\ | ||
- | \\ | ||
- | \\ | ||
- | 22 February 2020\\ | ||
- | \\ | ||
- | Dear Mr Johnson, | ||
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- | As international jurists, with an acute awareness of the responsibilities that our profession demands of us, we call on the British authorities to refuse the request for the extradition of Mr. Julian Assange to the United States. We also call for his immediate release. | ||
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- | The treatment of Mr. Assange, the circumstances surrounding his continued detention in Belmarsh maximum security prison, and the circumstances surrounding British attempts to comply with the US request for his extradition, | ||
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- | 1. the involvement of the United Kingdom in long-term, severe, psychological ill-treatment of Mr. Assange (ECHR Article 3) | ||
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- | 2. the disregard shown by the British authorities towards their duties and responsibilities under international law | ||
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- | 3. the disregard by the British authorities of British law, including Mr. Assange’s right to a fair trial (ECHR Article 6), for protection of his private life (ECHR Article 8) and his right to freedom of speech (ECHR Article 10) | ||
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- | 4. the sweeping, extraordinary, | ||
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- | 1. UK involvement in the psychological torture and mistreatment of Mr. Assange (infringement of ECHR Article 3): | ||
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- | International human rights experts , healthcare professionals and the UN Special Rapporteur on Torture, Prof. Nils Melzer, have all found that Mr. Assange has been subjected to arbitrary confinement, | ||
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- | a. Interference in the Swedish investigations, | ||
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- | Mr. Assange originally sought asylum in the Ecuadorean embassy — as was his right — because he was concerned that if extradited to Sweden where he was being investigated in relation to (now-abandoned) sexual assault allegations, | ||
- | Information obtained under the Freedom of Information Act reveals that the Swedish authorities may have been minded to accept Mr. Assange’s offers of interviews in the embassy or by video link. However, they were dissuaded from doing so by the British authorities. The Crown Prosecution Service repeatedly urged Swedish authorities not to interview Mr. Assange in the United Kingdom and suggested they insist instead on his extradition to Sweden. This compelled Mr. Assange to remain in the embassy for many years, despite the injury this was known to be causing to his health. Even the Stockholm Chief District Prosecutor has described the Swedish extradition effort, now known to have been urged on the Swedish authorities by the United Kingdom’s Crown Prosecution Service (CPS), as: “… unreasonable and unprofessional, | ||
- | Requests under the Freedom of Information Act show that the CPS specifically and repeatedly urged the Swedish authorities to keep their investigation of Mr. Assange ongoing. In such missives, the CPS made extraordinary comments such as, “….do not think this case is being treated as just another extradition” and “Don’t you dare get cold feet!!!”, discouraging the Swedish authorities from concluding their investigations. | ||
- | Mr. Assange was therefore unduly confined to the Ecuadorean embassy, on the urging of the UK authorities, | ||
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- | b. Denial of Medical Treatment whilst in the embassy: | ||
- | Mr. Assange had to endure debilitating and painful medical conditions in the embassy. These conditions included an excruciating tooth abscess and a serious injury to his shoulder, both of which remained untreated for several years. | ||
- | Mr. Assange was denied permission by the Foreign and Commonwealth Office to leave the Embassy to receive hospital treatment. This was despite a request from the Ecuadorean embassy to the British government for such access to be provided on medical grounds. | ||
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- | c. Conditions of Mr. Assange’s detention since his forced removal from the embassy and subsequent denial of proper medical treatment | ||
- | Disregarding the well-established principle of ‘proportionality’, | ||
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- | The conditions in which Mr. Assange continues to be detained whilst on remand also appear harsh, disproportionate and vindictive. Mr. Assange poses no threat to the public. Given the significant breakdown in his health he is not a flight risk. Yet the court, even before his lawyers had initiated any application for bail in the extradition proceedings, | ||
- | Visitors to Mr. Assange have reported that he was wearing prison uniform despite only being a remand prisoner, that he is denied civilian clothes, and that his access to his prescription glasses was “inexplicably delayed” for months, after they were sent to him at Belmarsh . Coming after 9 years of arbitrary and illegal detention in the embassy, the harsh and disproportionate conditions in which Mr. Assange is being held have unsurprisingly caused further grave injury to his health. An international group of doctors has expressed serious concern for his present and future safety and wellbeing. They too have called for him to urgently receive appropriate treatment there. British authorities bear responsibility for the ongoing situation. | ||
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- | 2. Disregard for international law and infringement of Mr. Assange’s rights as a refugee: | ||
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- | Sweden, the United Kingdom and Ecuador are parties to the Convention relating to the Status of Refugees, which places on States an obligation to respect non-refoulement with no reservations. Not only have Mr. Assange’s rights as a refugee been ignored, U.K. authorities have helped undermine Mr. Assange’s rights as an Ecuadorean citizen to protections under Ecuadorean law such as a protection against extradition. In addition, the U.K. authorities have not paid due regard to the clear findings of the UN Working Group on Arbitrary Detention on the arbitrary detention of Mr. Assange. Importantly, | ||
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- | 3. Disregard for Mr. Assange’s right to a fair trial (ECHR Article 6), and for protection of his private life (ECHR Article 8) | ||
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- | Mr. Assange has suffered sustained infringement of his private life, whilst the conduct of the legal proceedings which have been brought against him, has been riddled with procedural irregularities that call into question the possibility of a fair trial. | ||
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- | a) Intrusive Surveillance: | ||
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- | b) Destruction of Evidence: When the actions of the British and Swedish authorities came to be scrutinised via Freedom of Information Act requests and through other channels, it emerged that evidentiary trails — including communications with the US Federal Bureau of Investigations (FBI) — have been destroyed by Swedish and British prosecutors, | ||
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- | c) Political interference: | ||
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- | d) Inability to Prepare Defence: Mr. Assange has been subjected to material and repeated disruptions both with respect to his access to the documents he needs in order to prepare his case and with respect to the facilities he needs in order to consult with his lawyers so that he can prepare his defence. | ||
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- | e) Concerns about impartiality: | ||
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- | f) Failure to respond to UN and other experts: UN officials have stated publicly that Mr. Assange has been detained illegally and arbitrarily and has been tortured. The British authorities have an obligation to engage with and to investigate these criticisms. Instead their responses to UN officials have been belated, improper and inadequate. Moreover, those responsible for these inadequate replies are those — in the British government and the criminal justice system — who are specifically responsible for ensuring that justice is served. | ||
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- | 4. US extra-territorial overreach and the dangers to Mr. Assange from extradition to the United States | ||
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- | The extradition request made by the US authorities in itself gives rise to serious concerns. Mr. Assange is an Australian citizen and a journalist based in the United Kingdom. There is no suggestion that he has ever broken any British law whilst undertaking his work as a journalist in the United Kingdom. | ||
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- | Mr. Assange, however, faces an extradition request from the United States in which the US authorities claim that he has committed offences including under the US Espionage Act, which applies exclusively to the jurisdiction of the United States. The charges the US authorities are seeking to bring against Mr. Assange are seen by many journalists around the world as an open assault against investigative journalism as it is practiced. These demands by the US authorities for the extradition to the United States of an Australian journalist based in the United Kingdom must inevitably give rise to serious concerns about the extraordinary extra-territorial demands which the US authorities are now making. The consequences if such demands are accepted by the UK to facilitate the extradition of a multi award-winning journalist and publisher are a matter of great concern. | ||
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- | There must also be serious concerns, whether in the context of such demands, Mr. Assange has any realistic prospect of a fair trial if he is extradited to the United States. This is especially concerning given the disproportionate, | ||
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- | Conclusion | ||
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- | Under the rule of law, a State is required to afford all defendants their human rights and to honour international law whether “deriving from treaty or from international custom and practice”. | ||
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- | Such considerations are not intended to be optional or dependent on the nature of the crime. Nor are they justified by the nature of the circumstances; | ||
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- | As Lord Bingham eloquently reminds jurists in his eponymous 2006 lecture on the subject, the constitutional principle of the ‘Rule of Law’ is statutory and paramount. | ||
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- | Yet time and time again in Mr. Assange’s case, we have seen the law ignored, manipulated or summarily rejected. | ||
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- | We call on the British legal community to reclaim professional standards, to condemn the torture of Mr. Assange and to engage in urgent actions to secure his immediate and safe release. | ||
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- | Signed by: | ||
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- | Alberto Alemanno, Professeur de Droit, HEC et NYU, France | ||
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- | Ahmed Aydeed, Director of Public Law, Duncan Lewis Solicitors, UK | ||
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- | Greg Barns, Barrister & former National President of the Australian Lawyers Alliance, Australia | ||
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- | Professor Eirik Bjorge, University of Bristol Law School, UK | ||
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- | Heidi Boghosian, Esq., Executive Director, A.J. Muste Institute, Inc., USA | ||
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- | William Bourdon, Avocat au Barreau de Paris, France | ||
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- | Vincent Brengarth, Avocat au Barreau de Paris, France | ||
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- | Dr Alysia Brooks, Transnational Strategic Litigation Specialist, Member — LawAid International | ||
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- | Nick Brown, Barrister, Doughty Street Chambers, UK | ||
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- | Julian Burnside AO, QC, Australia | ||
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- | Timothy A. Canova, Professor of Law and Public Finance, Nova Southeastern University, USA | ||
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- | Heather Ellis Cucolo, Distinguished Adjunct Professor of Law, New York Law School, USA | ||
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- | Marie-Anne Cohendet, Professeure de Droit Public, L’Ecole de Droit de la Sorbonne, France | ||
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- | Marjorie Cohn, Professor Emerita, Thomas Jefferson School of Law, USA | ||
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- | Fabiano Cangelosi, Barrister, Tasmanian President of the Australian Lawyers Alliance, Australia | ||
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- | Olga Margrét Cilia, Lawyer and Deputy MP, The Pirate Party of Iceland | ||
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- | Jacques Chevallier, Professeur honoraire à l’université de Paris 2 Panthéon-Assas, | ||
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- | Dominique Custos, Professeure Droits Fondamentaux, | ||
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- | Anne Millet-Devalle, | ||
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- | Marie-Joëlle Fichrot-Redor, | ||
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- | Géraldine Giraudeau, Agrégée des facultés de droit, Professeure de droit public à l’UPVD, France | ||
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- | Ms. Elísabet Guðbjörnsdóttir, | ||
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- | Marit Halvorsen, Professor of Jurisprudence, | ||
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- | Dr Thomas Harrè, Barrister, New Zealand | ||
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- | Leonard Hartnett, Barrister, Gorman Chambers, Australia | ||
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- | Charles Hector Fernandez, Advocate and Solicitor, Messrs Charles Hector, Malaysia | ||
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- | Dr Joseph M Fernandez, Adjunct Associate Professor, Curtin University, Australia | ||
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- | Fredrik Heffermehl, Lawyer and author (Nobel Peace Prize Watch, IALANA), Norway | ||
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- | Arlette Heymann-Doat, | ||
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- | Nancy Hollander, Lawyer, USA | ||
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- | Toufique Hossain, Director of Public Law, Duncan Lewis Solicitors, UK | ||
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- | Colin Hutchinson, Barrister, Garden Court Chambers, UK | ||
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- | Eva Joly, Lawyer, Paris Bar & former judge, Paris Court, France | ||
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- | Ögmundur Jónasson, Former Minister of Justice, Iceland | ||
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- | Mamadou Konate, Avocat au Barreau de Bamako et Paris, Ancien Garde des Sceaux, France | ||
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- | Niki Konstantinidis, | ||
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- | James Lafferty, Executive Director Emeritus, National Lawyers Guild, Los Angeles, USA | ||
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- | Jean-Manuel Larralde, Professeur de droit public à l’Université de Caen, France | ||
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- | David Lewis, Professor of Employment Law, Middlesex University, UK | ||
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- | Lisa Longstaff, Women Against Rape, UK | ||
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- | Nina Lopez, Legal Action for Women, UK | ||
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- | Carl J Mayer, Esq., Lawyer and consumer advocate, Mayer Law Group Llc, USA | ||
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- | Rajiv Menon QC, Barrister, Garden Court Chambers, UK | ||
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- | Adriana Navarro, Lawyer and Notary Public, Navarro & Associates, Australia | ||
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- | Thomas Perroud, Professeur de Droit Public, Université Panthéon-Assas, | ||
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- | Diane Roman, Professeure à l’école de Droit de la Sorbonne, Université de Paris 1, Spécialiste de libertés fondamentales, | ||
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- | Phillip Segal, Barrister, Samuel Griffith Chambers, Australia | ||
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- | Catherine Teitgen-Colly, | ||
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- | Philippe Texier, Magistrat, Ancien Conseiller à la Cour de Cassation, France | ||
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- | Robert Tibbo, Barrister, Eastern Chambers, Hong Kong | ||
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- | Craig Tuck, Human rights Lawyer, Director of LawAid International, | ||
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- | Michael Tuck, Barrister, New Zealand | ||
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- | Mara Verheyden-Hilliard, | ||
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- | Richard J. Whitney, Attorney, USA | ||
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- | cc: | ||
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- | Jeremy Corbyn, MP | ||
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- | Priti Patel, MP | ||
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- | Dianne Abbott, MP | ||
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- | Suella Braverman, MP | ||
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- | Shami Chakrabarti | ||
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- | Robert Buckland QC, MP | ||
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- | Richard Burgon, MP | ||
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- | NOTE: | ||
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- | If you are a retired or serving judge, lawyer, legal academic, or a representative of an organisation engaging on behalf of civil society with the justice system, AND if you would like to sign this letter, please contact deepadriver@protonmail.com with email heading Signatory: International Jurists’ Letter in the title of your email. If you are having difficulties with contacting us, you can also reach the organiser via Twitter @deepa_driver. | ||
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- | ==== Letter 4 : UK’s Attorney General Lord Buckland ==== | ||
- | \\ | ||
- | (found at: https:// | ||
- | \\ | ||
- | To: robert.buckland.mp@parliament.uk\\ | ||
- | CC: ago.privateoffice@attorneygeneral.gov.uk\\ | ||
- | \\ | ||
- | Subject: **Torture, Crimes against humanity, Julian Assange**\\ | ||
- | \\ | ||
- | \\ | ||
- | Dear Lord Buckland and Ms Braverman, | ||
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- | I am writing to you today, to request urgent action by you, especially with regard to the crimes against humanity perpetrated against Julian Assange (outlined below). I am writing as a matter of urgency, following today' | ||
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- | Campaigners slammed this dangerous and cruel judgement to expose Julian Assange to the coronavirus[1]: | ||
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- | //"' | ||
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- | Kristinn Hrafnsson, editor in chief of WikiLeaks, added, ‘to expose another human being to serious illness, and to the threat of losing their life, is grotesque and quite unnecessary. This is not justice, it is a barbaric decision’. | ||
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- | Julian Assange is not imprisoned for any crime and is at risk of infection. Like other prisoners who pose no risk to the public he should be released to avoid the spread of the coronavirus, | ||
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- | Today' | ||
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- | In a recent statement of "The International Bar Association’s Human Rights Institute" | ||
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- | //"The IBAHRI is concerned that the mistreatment of Julian Assange constitutes breaches of his right to a fair trial and protections enshrined in the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, to which the UK is party. It is deeply shocking that as a mature democracy in which the rule of law and the rights of individuals are preserved, the UK Government has been silent and has taken no action to terminate such gross and disproportionate conduct by Crown officials. As well, we are surprised that the presiding judge has reportedly said and done nothing to rebuke the officials and their superiors for such conduct in the case of an accused whose offence is not one of personal violence. Many countries in the world look to Britain as an example in such matters. On this occasion, the example is shocking and excessive. It is reminiscent of the Abu Grahib Prison Scandal which can happen when prison officials are not trained in the basic human rights of detainees and the Nelson Mandela Rules."// | ||
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- | This criticism by a highly esteemed former judge of the highest court in Australia, shames, unequivocally, | ||
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- | **Torture** | ||
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- | Today, Mr Martin Silk, London Correspondent for Australian Associated Press (AAP) was present at the court. In one of his tweets he quoted Ms Vanessa Baraitser: "Full quote. (...) As matters stand today this global pandemic does not, of itself, yet provide grounds for Mr Assange' | ||
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- | //"You may recall that I myself concluded that the extraordinary and oppressive treatment of Assange, and the refusal of Baraitser to act to ameliorate it, could only be part of a deliberate policy to cause his death. I could, and can, think of no other possible explanation. | ||
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- | If the authorities now refuse to allow him out on bail during the Covid-19 outbreak, I do not see how anybody can possibly argue there is any intention other than to cause his death."// | ||
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- | Whether Ms Baraitser is enjoying her role as direct perpetrator of this torture and crime against humanity, or 'just following orders', | ||
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- | The prohibition against torture is absolute and, according to the UNCAT, no exceptional circumstances whatsoever, including state of emergency or war or an order from a public authority, may be invoked as a justification of torture. Today, we have ample evidence of the torture inflicted on Assange. The chief perpetrator, | ||
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- | In my view, Ms Arbuthnot should be investigated, | ||
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- | In 2019, I filed a complaint against Ms Arbuthnot with the Judicial Conduct Investigations Office (JCIO). My complaint was rejected, and the Judicial Appointments and Conduct Ombudsman (JACO) found no fault on the part of the JCIO. | ||
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- | On 9 March 2020, I wrote back to the JACO clarifying that my JCIO complaint was not about case management, but about Emma Arbuthnot' | ||
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- | "//Not only did Lady Emma Arbuthnot dissimulate her serious conflicts of interest, all evidence I provided to the JCIO shows that she flagrantly misused her judicial status—as judge and supervisory chief magistrate in the Assange case—outside of court. No fair-minded and informed observer would assess said personal conduct outside of court as proper conduct. It is clear, therefore, from the evidence provided in my JCIO complaint that Lady Emma Arbuthnot misused her judicial status outside of court for personal gain or advantage; i.e., to protect and further her own personal interests, and those of her husband and son. My complaint was therefore in line with "The Judicial Conduct (Judicial and other office holders) Rules 2014-Supplementary Guidance" | ||
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- | " | ||
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- | Rule 6: The JCIO may only consider a complaint that contains an allegation of misconduct by a judge or other office holder. Such misconduct relates to the judge’s personal behaviour for example: a judge shouting or speaking in a sarcastic manner in court; or misuse of judicial status outside of court. It does not relate to decisions or judgments made by a judge in the course of court proceedings. The only way to challenge such matters is through the appellate process." | ||
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- | Since my initial complaint, further strong evidence has come to light regarding Lady Emma Arbuthnot' | ||
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- | To date, the only response I have received from the JACO regarding the above communication is the following automated response: //" | ||
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- | Clearly, there is nothing to be gained by actions through this system set up in respect of complaints involving judges. | ||
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- | Furthermore, | ||
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- | Judges and other jurists, as well as civil society worldwide, are trembling with indignation at this gross and shameful injustice. | ||
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- | | ||
- | **Crimes against humanity** | ||
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- | The Rome Statute Explanatory Memorandum states that crimes against humanity are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings. They are not isolated or sporadic events, but are part either of a government policy (although the perpetrators need not identify themselves with this policy) or of a wide practice of atrocities tolerated or condoned by a government or a de facto authority. However, murder, extermination, | ||
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- | **Context: wide practice of atrocities tolerated or condoned by a government against journalists, | ||
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- | It is clear that what’s at stake in this extradition case is not only freedom of the press but also freedom of all expression—and hence, all freedom! If Mr Assange is extradited that will mark the end of all journalism, all free speech, all free expression. If Mr Assange is extradited, our freedom will go with him. And without freedom of speech, what " | ||
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- | Thus, applying the above Rome Statute test, this "War on Terror" | ||
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- | Are the atrocities against Julian Assange a part of a widespread or systematic practice, a part of an overall policy or a consistent pattern of an inhumanity, or do they instead constitute isolated or sporadic acts of cruelty and wickedness, unrelated to the "War on Terror" | ||
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- | Scathing criticisms have been expressed by civil society (including several journalists' | ||
- | // | ||
- | " | ||
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- | As you are aware (from the reports of Nils Melzer and other sources), there is currently sufficient evidence to show that, for many years, at least four States (US, UK, Australia, Sweden) gathered, shared—even doctored—intelligence and conspired in other ways, with a view to silencing (by all possible means) Julian Assange. All four States are known to have persecuted journalists and whistleblowers (directly or indirectly, often through secret processes and trials). They continue to do so, hampered only by a handful of people and organisations. | ||
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- | Here is a quick list of the widespread or systematic practice implemented by some of the perpetrators, | ||
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- | UK: arbitrary detention and torture of Julian Assange, police raid on the news outlet The Guardian, persecution of Katherine Gun etc. | ||
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- | Australia: complicit in the arbitrary detention and torture of Julian Assange, Australian Federal Police raid on ABC's headquarters over 2017 stories known as The Afghan Files etc. | ||
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- | USA: arbitrary detention and torture of Julian Assange, Chelsea Manning, Jeremy Hammond (with the last two having served/ | ||
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- | In my view, these acts against Julian Assange, Chelsea Manning, Jeremy Hammond may be regarded as part of an overall policy or a consistent pattern of an inhumanity, and are well within the scope of Art 7 (1) (h) of the Rome Statute, as demonstrated by an application of the ICC Elements of Crimes. | ||
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- | Article 7 (1) (h) Crime against humanity of persecution | ||
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- | Elements | ||
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- | 1. The perpetrator severely deprived, contrary to international law, one or more persons of fundamental rights. | ||
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- | 2. The perpetrator targeted such person or persons by reason of the identity of a group or collectivity or targeted the group or collectivity as such. | ||
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- | (The Grand Jury is known as the WikiLeaks Grand Jury; attacks have been directed against Julian Assange, Chelsea Manning, Jeremy Hammond, inter alia, because of their identity as journalist/ | ||
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- | 3. Such targeting was based on political (...) or other grounds that are universally recognized as impermissible under international law. | ||
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- | (The political aspects of this persecution form the bedrock of the Assange defence) | ||
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- | 4. The conduct was committed in connection with any act referred to in article 7, paragraph 1, of the Statute or any crime within the jurisdiction of the Court. | ||
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- | (E.g., persecution against Julian Assange et al., was committed in connection with international crimes such as murder, extermination, | ||
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- | 5. The conduct (against Julian Assange et al.) was committed as part of a widespread or systematic attack directed against a civilian population. | ||
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- | (E.g., against journalists/ | ||
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- | 6. The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population. | ||
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- | For the sake of clarity, I emphasise that the widespread or systematic attack referred to above in sub-paragraph (5) above, was/is committed against: | ||
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- | - Julian Assange, Chelsea Manning and Jeremy Hammond, | ||
- | |||
- | - millions of war victims, depriving them of their right to information and to crucial evidence | ||
- | |||
- | - the public at large and its right to know about crimes perpetrated in its name. | ||
- | |||
- | |||
- | " | ||
- | |||
- | //" | ||
- | |||
- | "For example, the act of denouncing a Jewish neighbour to the Nazi authorities - if committed against a background of widespread persecution - has been r//egarded as amounting to a crime against humanity. An isolated act, however, - i.e. an atrocity which did not occur within such a context - cannot." | ||
- | |||
- | " | ||
- | |||
- | |||
- | **Potential " | ||
- | |||
- | |||
- | |||
- | 1) States Parties to the Rome Statute of the International Criminal Court** | ||
- | |||
- | |||
- | |||
- | Marianne Ny: Efforts of Swedish prosecutor, Marianne Ny, to extradite Assange were described by former Stockholm chief district prosecutor, Sven-Erik Alhem, as: // | ||
- | // | ||
- | See also, "UN special rapporteur exposes Swedish sexual misconduct frame-up of Assange" | ||
- | |||
- | Keir Starmer: Candidate for the UK Labour Party leadership. Starmer was the head of the Crown Prosecution Service (CPS) during the most crucial phase of the Julian Assange case. It was his CPS that advised the Swedish prosecutors not to question Julian Assange in London, and delayed the Swedish case. | ||
- | |||
- | Emma Arbuthnot: When it comes to torture, judges and prosecutors have a responsibility to ensure that international standards are adhered to, within the framework of their own legal systems. Emma Arbuthnot' | ||
- | |||
- | Vanessa Baraitser: Judges and magistrates have a role in safeguarding vulnerable people at court in ways which further the overriding objective and do not interfere with judicial independence. Although she is fully aware of the fact that Julian Assange is the victim torture, she has relentlessly exposed him to further torture and the very real risk of death. | ||
- | |||
- | Sajid David: Former UK Home Secretary, who spoke at secretive US conferences with people calling for Julian Assange' | ||
- | |||
- | Rob Davis, Governor of Belmarsh: //" | ||
- | |||
- | Tony Blair & Gordon Brown (1994–2010): | ||
- | |||
- | David Cameron, Theresa May, Boris Johnson: PMs who continued the "War on Terror" | ||
- | |||
- | Lenin Moreno: torturing and selling Julian Assange for the price of an multi-billion dollar IMF loan, spying on Julian Assange and his lawyers through the security firm UC Global, stealing and handing over to the USA, Assange' | ||
- | |||
- | PMs from Julia Gillard to Scott Morrison: Australia' | ||
- | |||
- | |||
- | |||
- | **2) Non-States Parties to the Rome Statute of the International Criminal Court** | ||
- | |||
- | |||
- | |||
- | US perpetrators can still be pursued if the UN Security Council takes appropriate action. The Rome Statute gives the Security Council a unique jurisdictional role. Article 13(b) of the Statute grants the Council the power, acting under Chapter VII of the UN Charter, to refer to the ICC situations in which crimes under the jurisdiction of the court have taken place. Thus, here is my shortlist of the US perpetrators. | ||
- | |||
- | Fred Burton (Stratfor): Julian' | ||
- | |||
- | //" | ||
- | |||
- | Barack Obama & Hillary Clinton: Both were instrumental in creating ISIS, imprisoning whistleblowers etc. There is record of Hillary calling for Julian' | ||
- | |||
- | Donald Trump: the Trump administration has continued war crimes. Trump' | ||
- | |||
- | Mike Pompeo: //"I was the CIA Director; we lied, we cheated we stole"// | ||
- | |||
- | Pompeo has said the US government would seek to shut down Assange for using “free speech values against us” and characterised Assange’s organisation, | ||
- | |||
- | |||
- | **Other potentially applicable parts of Article 7** | ||
- | |||
- | |||
- | Article 7 (1) (e) Crime against humanity of imprisonment or other severe deprivation of physical liberty | ||
- | |||
- | Elements | ||
- | |||
- | 1. The perpetrator imprisoned one or more persons or otherwise severely deprived one or more persons of physical liberty. | ||
- | |||
- | 2. The gravity of the conduct was such that it was in violation of fundamental rules of international law. | ||
- | |||
- | 3. The perpetrator was aware of the factual circumstances that established the gravity of the conduct. | ||
- | |||
- | 4. The conduct was committed as part of a widespread or systematic attack directed against a civilian population. | ||
- | |||
- | 5. The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population. | ||
- | |||
- | |||
- | |||
- | Article 7 (1) (f) Crime against humanity of torture | ||
- | |||
- | Elements | ||
- | |||
- | 1. The perpetrator inflicted severe physical or mental pain or suffering upon one or more persons. | ||
- | |||
- | 2. Such person or persons were in the custody or under the control of the perpetrator. | ||
- | |||
- | 3. Such pain or suffering did not arise only from, and was not inherent in or incidental to, lawful sanctions. | ||
- | |||
- | 4. The conduct was committed as part of a widespread or systematic attack directed against a civilian population. | ||
- | |||
- | 5. The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population. | ||
- | |||
- | |||
- | |||
- | It is understood that no specific purpose need be proved for this crime. | ||
- | |||
- | |||
- | |||
- | Article 7 (1) (k) Crime against humanity of other inhumane acts | ||
- | |||
- | Elements | ||
- | |||
- | 1. The perpetrator inflicted great suffering, or serious injury to body or to mental or physical health, by means of an inhumane act. | ||
- | |||
- | 2. Such act was of a character similar to any other act referred to in article 7, paragraph 1, of the Statute. (It is understood that “character” refers to the nature and gravity of the act.) | ||
- | |||
- | 3. The perpetrator was aware of the factual circumstances that established the character of the act. | ||
- | |||
- | 4. The conduct was committed as part of a widespread or systematic attack directed against a civilian population. | ||
- | |||
- | 5. The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population. | ||
- | |||
- | |||
- | ***** | ||
- | | ||
- | |||
- | The above analysis is brief and requires an extensive study and further input. | ||
- | |||
- | |||
- | |||
- | I look forward to hearing from you. | ||
- | |||
- | |||
- | ----------------------------------- | ||
- | |||
- | [1] https:// | ||
- | |||
- | [2] "At the end of the hearing Judge Baraitser read from what appeared to be a pre-written decision." | ||
- | |||
- | https:// | ||
- | |||
- | See also, https:// | ||
- | |||
- | "In Thursday’s separate hearing on allowing Assange out of the armoured box to sit with his legal team, I witnessed directly that Baraitser’s ruling against Assange was brought by her into court BEFORE she heard defence counsel put the arguments, and delivered by her entirely unchanged." | ||
- | |||
- | " | ||
- | |||
- | [3] " | ||
- | |||
- | [4] Roland Freisler was known as Hitler' | ||
- | |||
- | [5] In March 2008 Reuters opened website " | ||
- | |||
- | On 15 July 2008, Reuters posted a memorial article. In it they mentioned Reuters News was seeking video footage from the U.S. military and other materials relating to the killing of Noor-Eldeen and Chmagh. The footage was taken by cameras on board the U.S. helicopters involved in the incident, in which nine other people were killed. The US did nothing. | ||
- | |||
- | On 5 April 2010 WikiLeaks released video footage from Apache helicopter; " | ||
- | |||
- | [6] https:// | ||
- | |||
- | [7] Jeremy Hammond has been returned to his former prison quarters to serve the rest of his sentence. | ||
- | |||
- | ---- | ||
- | |||
- | ---- | ||
- | |||
- | ==== Letter 5 : International Criminal Court — the office of the Prosecutor ==== | ||
- | \\ | ||
- | (found at: https:// | ||
- | \\ | ||
- | To: otp.informationdesk@icc-cpi.int\\ | ||
- | \\ | ||
- | Subject: **The illegal detention of Mr Julian Assange**\\ | ||
- | \\ | ||
- | \\ | ||
- | Hello, | ||
- | |||
- | My name is …………………………… I’m a ………………………….. and human rights supporter. | ||
- | |||
- | I’m writing to you on behalf of all the supporters of Mr Julian Assange and also on behalf of all 7.78 billion people worldwide who have a vested interest in International Law and human rights legislation. | ||
- | |||
- | Please accept my request for the opening of an investigation into Mr Assange’s illegal detention by UK authorities and his possible and currently probable extradition to the USA where it is widely accepted he will most likely be imprisoned and probably tortured till the end of his life. | ||
- | |||
- | I also request that you issue a statement of intent to inform the world community of the urgent need for Mr Assange’s immediate release and transfer to a safe location where he can receive urgent medical and personal care. His physical condition leaves him extremely vulnerable to contracting Coronavirus in his current high-security prison accommodation. | ||
- | |||
- | Time is of the essence as each passing hour greatly increases the threat to Mr Assange’s life. | ||
- | |||
- | Please respond with the utmost urgency, his life and all our lives, freedoms and rights are very dependent on the outcome of this very serious situation. | ||
- | |||
- | Kind regards | ||
- | |||
- | Name: …….……………………………. | ||
- | |||
- | Country: …………………………. | ||
- | |||
- | ---- | ||
- | ---- | ||
- | |||
- | ==== Letter 6 : Australian High Commissioner to the UK, His Excellency the Honourable George Brandis QC ==== | ||
- | \\ | ||
- | Attention: Australian High Commissioner to the UK, His Excellency the Honourable George Brandis QC\\ | ||
- | \\ | ||
- | Cc: \\ | ||
- | Senator the Hon Marise Payne (Minister for Foreign Affairs)\\ | ||
- | Mr George Christensen MP (Chair Bring Julian Assange Home Parliamentary Group)\\ | ||
- | Mr Andrew Wilkie MP (Chair Bring Julian Assange Home Parliamentary Group)\\ | ||
- | \\ | ||
- | Subject: | ||
- | \\ | ||
- | \\ | ||
- | Your Excellency, | ||
- | |||
- | I, ...... am writing as a concerned citizen of ...... | ||
- | |||
- | Julian Assange' | ||
- | 25th March. | ||
- | |||
- | This is a life or death decision for a non violent person on remand. It defies the UN High | ||
- | Commissioner for Human Rights' | ||
- | of detention (2) and Amnesty International' | ||
- | |||
- | In the same week: | ||
- | * Covid-19 has infected the UK prison system | ||
- | * the Prison Governors Association (UK) is calling out British prisoners 'will die' from coronavirus (4) | ||
- | * NHS which is responsible for medical welfare in UK prisons is projecting being overrun 'with hospitals facing tsunami of patients' | ||
- | |||
- | The bail rejection is chilling. It flies against world trends of releasing non violent, on | ||
- | remand and near term prisons(6) and exhibits less mercy than a repressive regimes like | ||
- | Iran(7) | ||
- | |||
- | There is some hope as Judge Baraitser' | ||
- | "Mr Assange is not the only prisoner in Belmarsh who is vulnerable" | ||
- | concedes that Mr Assange is now considered vulnerable to Covid-19 by the court. This | ||
- | agrees with the assessment of Doctors For Assange (representing of 200 doctors) | ||
- | |||
- | There is now much more hope as you have extended Mr Morrison' | ||
- | Australian will have to go through this alone' | ||
- | |||
- | Mr Assange' | ||
- | I am confident that the flight risk is but a minor detail and that Mr Assange' | ||
- | have tabled workable proposals. | ||
- | |||
- | I urge you to immediately apply the necessary diplomatic leverage at your disposal and | ||
- | make good on your promise. This is a matter of life and death, please waste no time. | ||
- | |||
- | |||
- | Thank you for your time. | ||
- | |||
- | Sincerely, | ||
- | ........ | ||
- | |||
- | |||
- | References: | ||
- | |||
- | 1.'No Australian will have to go through this alone' https:// | ||
- | |||
- | 2.UN High Commissioner for Human Rights Michelle Bachelet Urgent action needed to prevent COVID-19 ' | ||
- | |||
- | 3. Judge Baraitser: Mr Assange is not the only prisoner in Belmarsh who is vulnerable https:// | ||
- | |||
- | 4. British prisoners 'will die' from coronavirus https:// | ||
- | |||
- | 5. London hospitals facing ' | ||
- | |||
- | 6. Ohio Judges Are Releasing People From Jails https:// | ||
- | |||
- | 7. Nazanin Zaghari-Ratcliffe released from Iran prison https:// | ||
- | |||
- | |||
- | 8. Doctors For Assange https:// | ||
- | |||
- | 9. Doctors For Assange: Covid-19 warning in Reply to Australian Government https:// | ||
- | |||
- | 10. 27 inmates test positive for Covid-19 in 14 different prisons https:// | ||
- | |||
- | 11. Amnesty International - Assange bail application highlights COVID-19 risk https:// | ||
- | |||
- | ---- | ||
- | ---- | ||
- | ==== Letter 7 : Australian Prime Minister Scott Morrison ==== | ||
- | {{ : | ||
- | \\ | ||
- | To:\\ | ||
- | The Hon Scott Morrison MP\\ | ||
- | Prime Minister\\ | ||
- | Parliament House\\ | ||
- | Canberra Act 2600\\ | ||
- | Australia\\ | ||
- | \\ | ||
- | For E-Mail, please use https:// | ||
- | \\ | ||
- | Subject: **The Life from Julian Assange is at Risk - Commitment necessary**\\ | ||
- | \\ | ||
- | \\ | ||
- | Dear Prime Minister Morrison, | ||
- | |||
- | |||
- | I wonder why you are not fighting for Julian Assange. Is there any reason? | ||
- | |||
- | |||
- | Australia' | ||
- | |||
- | |||
- | Why should the case of Julian Assange, who committed no crimes, be any different. Indeed, Mr Assange, a several time Nobel Prize nominee is a man of truth and peace, who has brought knowledge of war crimes and atrocities on civilians to us. | ||
- | |||
- | The criminals are the people who commit the (war)crimes. Not those who publish them. | ||
- | |||
- | |||
- | There is no fair trial happening in London. Magistrate Vanessa Baraitser is not neutral and independent. | ||
- | Everyone knows, everyone sees. Nobody can deny. We were there! | ||
- | |||
- | In many cases even the US prosecurors are neutral, for example: they are fine, with Assange sitting next to his legal Team, or with having Assanges Family names anonymous. Not so Judge Baraitser. | ||
- | |||
- | |||
- | During the trial new examples of daily torture were occurring. | ||
- | |||
- | How can you, Mr Morrison, let this happen with any human being and specially with one of your own Australian people? | ||
- | |||
- | |||
- | Mr Assange was handcuffed 11 times, strip-searched twice, had five custody cell changes, defence documents in court were taken away from him as soon as he leaves the court, the trial is conducted in a court with an emergency sound system, the judge and the prosecution don't use the microphone, Assange who sits several metres behind the others, behind a bulletproof glass wall can't hear anything that is being said in the front. | ||
- | |||
- | This is no fair process! | ||
- | |||
- | Should he be expected to hear anything through a few slits in the glass, that is said at the very front? | ||
- | |||
- | He is given headphones that convey nothing because no one speaks into the microphone. The judge has denied Mr Assange the right to sit next to his lawyers; even the prosecuting lawyers said it is okay by them. But the judge is against it. Not neutral! | ||
- | |||
- | According to the Mandela Rules, any solitary confinement of more than 15 days is torture. These examples are just a few of the things that happened in the first few days of the hearing. Madness - this absurd lack of due process has been happening in the European " | ||
- | |||
- | What if your son or daughter were treated like this as a journalist merely because they published the truth? | ||
- | |||
- | Julian Assange is only allowed to walk outside in the courtyard for 30 minutes a day. However, if he has a visit from his father, such as yesterday, he is not allowed to walk outside. Why? What is the legal basis for that? | ||
- | |||
- | What reason is there not to all? | ||
- | |||
- | Since Mr Assange is an Australian citizen, you Mr Morrison will surely be deeply involved in the subject and informed with the smallest details and facts. | ||
- | |||
- | I would like to know the legal basis on which Mr Assange poses a danger. What danger does he pose? Who exactly could he endanger? Why is he in solitary confinement for more than 15 days and why is a democracy allowed to do so in 2020 without a word of protest from the Commonwealth nation of Australia? | ||
- | |||
- | Please let me know what Australia is doing to request fairness in the extradition proceedings and in the treatment of its citizen. Could you please inform the UK through your diplomatic channels and ask what the legal basis is for the UK breaking the Mandela Rules? | ||
- | |||
- | What danger would he pose to other prisoners with whom he would be in a cell? What could he possibly do in a maximum security prison? | ||
- | |||
- | Furthermore, | ||
- | |||
- | What is the reason and legal basis he had to change his cell five times on one day? | ||
- | |||
- | What is the reason his room was checked completely? Are all rooms checked regularly in solitary confinement? | ||
- | How often? When is this action deemed necessary? | ||
- | |||
- | What exactly is the accusation in the case which prevents him from physically shaking hands with his lawyer? | ||
- | On what legal basis is Mr Assange prohibited from shaking hands with his lawyer? | ||
- | |||
- | Why is the hearing being held in Woolwich Court where there is no proper sound system? Sources have written it is only a emergency sound system, which is regulary not working. The journalists complained that very often they didn't hear anything in the press area. | ||
- | It was argued that Assange should be spared and the travel time saved. That's why the hearing is in Woolwich Crown Court and not at Westminster Magistrates Court or are there any other reasons? | ||
- | |||
- | Do you, Mr Morrison, think we should be more concerned with saving travel time than require a proper working sound system, that enables a person to hear what a judge says? Also to facilitate the audience in the gallery and the journalists to hear what is being said? | ||
- | |||
- | Do you personally see a danger that Julian Assange poses to other people when he is not sitting in the glass case? | ||
- | |||
- | If yes, what is that view based on? | ||
- | Can you provide evidence of dangers if so? | ||
- | |||
- | What is the authorisation basis for changing cells five times a day/night before the start of the court? | ||
- | |||
- | Professor Nils Melzer, a UN Specialist and Special Rapporteur on Torture and who visited Assange on 09 May 2019, accompanied by two medical experts, the psychiatrist Dr. Pau Pérez-Sales and the forensic expert Prof. Duarte Nuno Vieira, specialised in examining potential victims of torture and other ill-treatment, | ||
- | clearly stated that Assange' | ||
- | |||
- | “Julian Assange shows symptoms of ongoing psychological torture, e.g. pathological depression & anxiety caused by over 9 years of imprisonment, | ||
- | |||
- | Assange already shows very strong behaviour and damage of someone who has been tortured, and this damage will probably never be cured. What are you Mr Morrison doing to prevent an Australian citizen from being tortured? | ||
- | |||
- | When and how often did you contact the UK Parliament or the prison administration to raise urgent objections to the UK Government' | ||
- | |||
- | What have you Mr Morrison done for the freedom of Julian Assange since he was in the Ecuadorian Embassy? | ||
- | |||
- | What have you done to talk to the UK Government since Assange has been in Belmarsh Prison? | ||
- | |||
- | What have you done since you learned about Rapporteur Prof Melzer' | ||
- | |||
- | HRH Queen Elizabeth replied to my letter that she should not interfere in a political case. This in effect gives her opinion that it is not a legal case! | ||
- | |||
- | What is happening in UK, London, HMP Belmarsh, is an absurd show trial. Not a year, not a month, not a day, not an hour, not a minute is fair - in how Assange is being treated. | ||
- | |||
- | What is happening there is a crime and YOU KNOW THAT. | ||
- | |||
- | Will District Judge Baraitser preside over the substantive hearing when, according to many official court observers, she has already failed to behave impartially? | ||
- | |||
- | 1. | ||
- | Arbuthnot’s husband - and ex-Conservative MP - Baron James Arbuthnot is listed as a former director of Security Intelligence Consultancy SC Strategy Ltd. The other two listed directors are former Head of MI6, Sir John Scarlett and Lord Carlile. | ||
- | |||
- | 2. | ||
- | REVEALED: Chief magistrate in Assange case received financial benefits from secretive partner organisations of UK Foreign Office | ||
- | |||
- | |||
- | |||
- | You as a Prime Minister are surely very worried about your Australian citizen and ought to be regularly in contact with all British authorities to stop all of this. | ||
- | |||
- | |||
- | |||
- | I am really happy about one thing concerning covid19, Mr Morrison. Please allow me to quote you: | ||
- | "No Australian will have to go through this alone" | ||
- | I am facilitated, | ||
- | |||
- | So it is time to act. | ||
- | |||
- | |||
- | In anticipation of your answers to my questions, I thank you very much. | ||
- | |||
- | |||
- | Sincerely, | ||
- | |||
- | Name\\ | ||
- | Address\\ | ||
- | Country\\ | ||
- | |||
- | ---- | ||
- | ---- | ||
- | ==== Letter 8 : Lord David Prior (NHS), Senator Marise Payne (Aus. Minister for Foreign Affairs), George Christensen (MP), Andrew Wilkie (indep. MP) ==== | ||
- | \\ | ||
- | (found at: https:// | ||
- | \\ | ||
- | To: Lord David Prior (Chair NHS England and NHS Improvement) - contactholmember@parliament.uk, | ||
- | \\ | ||
- | CC: | ||
- | Senator the Hon Marise Payne (Minister for Foreign Affairs) - senator.Payne@aph.gov.au\\ | ||
- | Mr George Christensen MP (Chair Bring Julian Assange Home Parliamentary Group)- parliamentary.group@assangecampaign.org.au\\ | ||
- | Mr Andrew Wilkie MP (Chair Bring Julian Assange Home Parliamentary Group)- parliamentary.group@assangecampaign.org.au\\ | ||
- | \\ | ||
- | Subject: **COVID-19 Fears for Julian Assange**\\ | ||
- | \\ | ||
- | \\ | ||
- | Your Lordship, | ||
- | |||
- | I, 'my name' of 'my street' | ||
- | am writing as a concerned citizen of 'my country' | ||
- | |||
- | I have been following Mr Julian Assange' | ||
- | |||
- | You are charged with overall responsibility for the NHS. That also carries sole medical | ||
- | responsibility in the UK prison systems. | ||
- | |||
- | Can you: | ||
- | |||
- | 1. Confirm that the NHS will not be swamped by the coronavirus pandemic in the UK? | ||
- | 2. Confirm that the NHS can prevent coronavirus infiltrating the UK prison system? | ||
- | 3. Confirm adequate resources to isolate and best practices management of a pandemic | ||
- | if the prison systems become infected? | ||
- | 4. Confirm you have sufficient medical support being trained staff, ventilators, | ||
- | ICU equipment, adequate protective equipment at hand if your coronavirus | ||
- | | ||
- | 5. Confirm Julian Assange is fully physically fit and faces zero risk from the | ||
- | | ||
- | |||
- | Julian Assange is an unconvicted detainee and his medical condition under long term | ||
- | confinement is frail. | ||
- | |||
- | If you cannot answer an unreserved ' | ||
- | must be released to the care of his family immediately. | ||
- | |||
- | Please support Julian' | ||
- | |||
- | Thank you for your time. | ||
- | |||
- | Sincerely, | ||
- | my name | ||
- | my email | ||
- | |||
- | References: | ||
- | 1. British prisoners 'will die' from coronavirus | ||
- | https:// | ||
- | 2. London hospitals facing ' | ||
- | https:// | ||
- | 3. Ohio Judges Are Releasing People From Jails | ||
- | https:// | ||
- | 4. Nazanin Zaghari-Ratcliffe released from Iran prison | ||
- | https:// | ||
- | 5. Doctors For Assange | ||
- | https:// | ||
- | 6. Doctors For Assange: Covid-19 warning in Reply to Australian Government | ||
- | https:// | ||
- | |||