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Julian Assange to ‘Accept Arrest’ if U.N. Panel Rules Against Him Julian Assange to ‘Accept Arrest’ if U.N. Panel Rules Against Him
(about 1 hour later)
Julian Assange, the founder of WikiLeaks, said on Thursday that he would turn himself in to the British police if a United Nations panel ruled that the years he has spent in the Ecuadorean Embassy in London, trying to avoid extradition to Sweden, did not constitute a de facto form of illegal imprisonment. Julian Assange, the founder of WikiLeaks, said on Thursday that he would turn himself in to the British police if a United Nations panel rejects his petition asserting that the years he has spent in the Ecuadorean Embassy in London trying to avoid extradition to Sweden amount to illegal imprisonment.
A ruling in Mr. Assange’s case from the panel on arbitrary detention is expected on Friday. “Should the U.N. announce tomorrow that I have lost my case against the United Kingdom and Sweden, I shall exit the embassy at noon on Friday to accept arrest by British police, as there is no meaningful prospect of further appeal,” Mr. Assange said in a statement posted by WikiLeaks’ official Twitter account early Thursday morning. A ruling in Mr. Assange’s case from the panel, the Working Group on Arbitrary Detention, is expected on Friday. “Should the U.N. announce tomorrow that I have lost my case against the United Kingdom and Sweden, I shall exit the embassy at noon on Friday to accept arrest by British police, as there is no meaningful prospect of further appeal,” Mr. Assange said in a statement that WikiLeaks posted to Twitter early Thursday morning.
“However, should I prevail and the state parties be found to have acted unlawfully, I expect the immediate return of my passport and the termination of further attempts to arrest me,” the statement continued. “However, should I prevail and the state parties be found to have acted unlawfully, I expect the immediate return of my passport and the termination of further attempts to arrest me,” he concluded.
It was not clear whether Mr. Assange’s action was anything more than, in effect, a publicity stunt. Although the London police stopped a 24-hour surveillance of the embassy on Oct. 12, citing the cost of the operation, its position has not changed.
“Should he leave the embassy the M.P.S. will make every effort to arrest him,” the Metropolitan Police Service, also known as Scotland Yard, said on Thursday. The BBC, without citing sources, reported on Thursday that the panel was set to rule in Mr. Assange’s favor.
Cécile Pouilly, a spokeswoman for the high commissioner for human rights, said the working group’s decision would be released at 11 a.m. in Geneva on Friday.
The Working Group on Arbitrary Detention — established in 1991, and now under the auspices of the Office of the United Nations High Commisssioner for Human Rights, based in Geneva — is the only nontreaty-based United Nations body that directly accepts petitions from individuals. Although its findings often carry symbolic weight, they are not binding under international law.
Per Samuelson, a lawyer representing Mr. Assange, said on Thursday that if the United Nations panel ruled in his client’s favor, the could decision would rest with the Swedish, rather than the British, authorities.
“It is not legally binding, but I would take it for granted that Sweden would follow it,” Mr. Samuelson said. “To go against a decision would be to go against a unit of the United Nations, and their own interpretation of human rights. In that case, it would be for the Swedish prosecutor to cancel the decision and withdraw the European arrest warrant.”
After the working group gets a complaint, it offers the government — in this case, Britain — a chance to challenge the allegations within 90 days, and the complainant is then offered the chance to respond.
The working group then rules on whether the case involves “arbitrary deprivation of liberty,” a category that includes arbitrary arrest, detention or exile.
Mr. Assange, who gained notoriety for publishing hundreds of thousands of confidential, politically sensitive leaked documents on WikiLeaks, including more than a quarter of a million American diplomatic cables, faces an accusation of rape in Sweden, which has requested that he be extradited there to face questioning. No formal charges have been filed against him.Mr. Assange, who gained notoriety for publishing hundreds of thousands of confidential, politically sensitive leaked documents on WikiLeaks, including more than a quarter of a million American diplomatic cables, faces an accusation of rape in Sweden, which has requested that he be extradited there to face questioning. No formal charges have been filed against him.
Mr. Assange has strongly denied the rape allegations, which were made in 2010, and has refused to comply with the extradition order, saying he fears that once in Swedish or British custody, he could be sent to the United States to face prosecution for publishing classified material.Mr. Assange has strongly denied the rape allegations, which were made in 2010, and has refused to comply with the extradition order, saying he fears that once in Swedish or British custody, he could be sent to the United States to face prosecution for publishing classified material.
Mr. Assange, an Australian citizen, was granted asylum by Ecuador in August 2012 and has lived in its London embassy since June of that year, as the extradition order prevents him from traveling. Diplomatic protocol, meanwhile, has kept the British police from arresting him. Mr. Assange, an Australian citizen who fled to the Ecuadorean Embassy in London in June 2012, was granted asylum by Ecuador in August of that year, as the extradition order prevents him from traveling. Diplomatic protocol, meanwhile, has kept the British police from arresting him.
In an appeal to the United Nations, Mr. Assange and his legal team described life in the embassy as claustrophobic, with no access to fresh air, sunlight or adequate medical care. In his petition to the United Nations working group — which was prepared by a team of lawyers including the Spanish jurist Baltasar Garzón, famous for his advocacy on behalf of victims of torture in Latin America — Mr. Assange and his legal team described life in the embassy as claustrophobic, with no access to fresh air, sunlight or adequate medical care.
“He is subjected to a continuous and pervasive form of round the clock surveillance, and he resides in a constant state of legal and procedural insecurity,” his lawyers wrote. The British police kept a 24-hour watch outside the embassy for several years, but ended the arrangement in October after having spent more than $17 million.“He is subjected to a continuous and pervasive form of round the clock surveillance, and he resides in a constant state of legal and procedural insecurity,” his lawyers wrote. The British police kept a 24-hour watch outside the embassy for several years, but ended the arrangement in October after having spent more than $17 million.
Mr. Assange’s appeal also cited the prosecution and imprisonment of Chelsea Manning, a former United States Army soldier and major source for WikiLeaks, and who was sentenced to 35 years in prison, as an example of his “likely fate” should he be extradited to the United States.Mr. Assange’s appeal also cited the prosecution and imprisonment of Chelsea Manning, a former United States Army soldier and major source for WikiLeaks, and who was sentenced to 35 years in prison, as an example of his “likely fate” should he be extradited to the United States.
Ms. Manning leaked hundreds of thousands of sensitive documents to WikiLeaks in 2010. Some of those documents, including American diplomatic cables, were published that year in redacted form by a select group of news organizations, including The New York Times.Ms. Manning leaked hundreds of thousands of sensitive documents to WikiLeaks in 2010. Some of those documents, including American diplomatic cables, were published that year in redacted form by a select group of news organizations, including The New York Times.
The Working Group on Arbitrary Detention has five members. Its chairman is Seong Phil-hong, who teaches international law, human rights, and ethics in investment at Yonsei Law School in Seoul, South Korea.