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| What happens to Julian Assange when detention finding is announced | |
| (35 minutes later) | |
| What is expected to happen on Friday? | What is expected to happen on Friday? |
| The UN Working Group on Arbitrary Detention (UNWGAD), based in Geneva, is likely to issue an opinion that WikiLeaks founder Julian Assange has been detained illegally in the United Kingdom. | |
| Who is on the UN panel and how does it work? | Who is on the UN panel and how does it work? |
| The chair and rapporteur of the UN Working Group on Arbitrary Detention is a South Korean academic, Seong-Phil Hong, who has worked as a conciliator for the World Bank and also dealt with North Korean human rights and the issue of second world war sexual slavery. The other members of the panel are from Mexico, Benin, Australia and Ukraine. | |
| The panel is authorised to investigate complaints from individuals as well as carry out reports on whether countries are adhering to international legal obligations on detention. | |
| Among its recent high-profile decisions was one last autumn which concluded that Mohamed Nasheed, the former president of the Maldives, who was sentenced to 13 years in prison after being found guilty of terrorism, did not receive a fair trial. | |
| What impact will the panel’s ruling have on the protracted legal standoff? | |
| The UNWGAD findings have no binding impact on UK law and cannot overrule the court-sanctioned procedure for removing Assange, under a European arrest warrant, to face justice in Scandinavia. | The UNWGAD findings have no binding impact on UK law and cannot overrule the court-sanctioned procedure for removing Assange, under a European arrest warrant, to face justice in Scandinavia. |
| What do independent international lawyers think of the development? | What do independent international lawyers think of the development? |
| Mark Ellis, executive director of the London-based International Bar Association, said: “The information seems to suggest that the UN panel has found in Assange’s favour. That decision would seem to contradict a fairly extensive legal process both in the UK and in Sweden. | Mark Ellis, executive director of the London-based International Bar Association, said: “The information seems to suggest that the UN panel has found in Assange’s favour. That decision would seem to contradict a fairly extensive legal process both in the UK and in Sweden. |
| “It’s important to maintain adherence to rule of law principles and ensure that individuals have to abide by legal rulings. It’s surprising to think that Assange could be exempted from those principles. The ruling by the UN panel is not binding on British law. | “It’s important to maintain adherence to rule of law principles and ensure that individuals have to abide by legal rulings. It’s surprising to think that Assange could be exempted from those principles. The ruling by the UN panel is not binding on British law. |
| “It would, however, provide Assange with support for his claim that he should not be extradited. I’m sure the UK is trying to figure a way out. It would be difficult for me to think that there should be an exception [from the European arrest warrant] for this case.” | “It would, however, provide Assange with support for his claim that he should not be extradited. I’m sure the UK is trying to figure a way out. It would be difficult for me to think that there should be an exception [from the European arrest warrant] for this case.” |
| Kirsty Brimelow QC, of Doughty Street Chambers, an expert in international law tribunals, said: “A finding by UNWGAD against the UK is not binding. It has no enforcement power. However, a finding that the UK has acted in a way which is inconsistent with relevant international standards should not be ignored by the UK. The UK should not act contrary to international law.” | |
| Will the UN ruling have any effect? | Will the UN ruling have any effect? |
| A clash between the moral authority of the United Nations and the stalled mechanism of the European extradition against Julian Assange is likely to provoke diplomatic anxiety inside Whitehall. The UN body’s expected ruling, at the very least, constitutes a publicity coup for Assange and his supporters. | A clash between the moral authority of the United Nations and the stalled mechanism of the European extradition against Julian Assange is likely to provoke diplomatic anxiety inside Whitehall. The UN body’s expected ruling, at the very least, constitutes a publicity coup for Assange and his supporters. |
| Both the UK and Sweden are active upholders of the United Nations. Neither will relish the prospect of having to answer to the UN’s human rights council about why they have failed to enforce the panel’s decision. | Both the UK and Sweden are active upholders of the United Nations. Neither will relish the prospect of having to answer to the UN’s human rights council about why they have failed to enforce the panel’s decision. |
| What will happen at the Ecuadorean embassy in Knightsbridge on Friday? | What will happen at the Ecuadorean embassy in Knightsbridge on Friday? |
| Whether the Wikileaks founder will want to risk his personal security by stepping outside the Ecuadorean embassy is a matter of uncertainty. Instructions to police officers on duty remain that Assange should be arrested once he forsakes his diplomatic protection. | Whether the Wikileaks founder will want to risk his personal security by stepping outside the Ecuadorean embassy is a matter of uncertainty. Instructions to police officers on duty remain that Assange should be arrested once he forsakes his diplomatic protection. |
| A government spokesperson said: “We will not pre-empt any opinions from the UN Working Group on Arbitrary Detention. We have been consistently clear that Mr Assange has never been arbitrarily detained by the UK but is, in fact, voluntarily avoiding lawful arrest by choosing to remain in the Ecuadorean embassy. An allegation of rape is still outstanding and a European arrest warrant in place, so the UK continues to have a legal obligation to extradite Mr Assange to Sweden.” | A government spokesperson said: “We will not pre-empt any opinions from the UN Working Group on Arbitrary Detention. We have been consistently clear that Mr Assange has never been arbitrarily detained by the UK but is, in fact, voluntarily avoiding lawful arrest by choosing to remain in the Ecuadorean embassy. An allegation of rape is still outstanding and a European arrest warrant in place, so the UK continues to have a legal obligation to extradite Mr Assange to Sweden.” |