Following a brief interruption due to a suspected COVID-19 case amongst his defence lawyers, Mr Assange’s trial restarted at the Central Criminal Court of England and Wales in London, UK, on Monday 14 September 2020. District Judge Vanessa Baraitser, who is presiding over the case, refused a request made the previous week by Mr Assange’s lawyers to postpone the trial until after the US presidential election following evidence given by Paul Rogers, Emeritus Professor of Peace Studies at Bradford University, that President Trump is pursuing Mr Assange over the publication of classified military and diplomatic cables more than a decade ago, due to his war with the press and ‘considerable personal antipathy to President Obama and what he did in his two periods in office.’ In 2010, Donald Trump suggested there should be a ‘death penalty’ for the ‘disgraceful’ actions of WikiLeaks.
President Barack Obama did not pursue the extradition of Mr Assange and, in his final days as president, commuted the 35-year military prison sentence of the US army soldier Chelsea Manning who released approximately 700,000 military files and cables on the nature of warfare in Afghanistan and Iraq to WikiLeaks at the age of 22. Ms Manning walked free after nearly seven years of confinement dating from arrest on 27 May 2010.
IBAHRI Co-Chair and former Justice of the High Court of Australia (1996–2006), the Hon Michael Kirby AC CMG, commented: ‘The charges against Julian Assange relate to his publication of information of alleged US war crimes, making the material of interest to the general public. If Mr Assange is extradited, it will set a dangerous precedent endangering freedom of the press and expression in two countries boasting mature democratic systems. It will have a chilling effect on free expression by whistle-blowers and journalists disclosing to the public potentially grave human rights law violations. The UK and US must remember their obligations under Article 19 of the Universal Declaration of Human Rights and of the International Covenant on Civil and Political Rights guaranteeing an individual’s right to freedom of expression. Further, the First Amendment of the US Constitution upholds freedom of expression and freedom of the press.’
Julian Assange was originally detained in the UK following a request by Sweden to extradite him to investigate allegations of sexual assault. These charges were dropped in November 2019. In 2012, during the request for extradition from Sweden, Mr Assange sought asylum in the Ecuadorian embassy explaining his fears that the US would take the opportunity to attempt to extradite him from Sweden and prosecute him. His fears have now been realised.
Nils Melzer, the United Nations-appointed Special Rapporteur on Torture and Inhuman Treatment, published a report in 2019, arguing that the mistreatment of Mr Assange over the last decade amounted to psychological torture. In March 2020 the IBAHRI released statement expressing concern over the reported mistreatment of Mr Assange during his remand in Her Majesty’s Prison Belmarsh and during hearings before the Courts.
IBAHRI Co-Chair and immediate past Secretary-General of the Swedish Bar Association, Anne Ramberg Dr Jur hc, commented: ‘The negative press campaign against Mr Assange, led by US officials, is extremely damaging and puts him at risk of an unfair trial. Should he be extradited and convicted he could face a life sentence without consideration of his fundamental right to freedom of expression. The UK is obligated under Article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment not to extradite an individual to a country where they could face persecution, ill-treatment or other violations of their human rights. The UK must fulfil its obligations under international law or risk damaging its reputation as a developed democracy.’
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Notes to the Editor
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The International Bar Association’s Human Rights Institute (IBAHRI), an autonomous and financially independent entity, works to promote, protect and enforce human rights under a just rule of law, and to preserve the independence of the judiciary and the legal profession worldwide.
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The International Bar Association (IBA), the global voice of the legal profession, is the foremost organisation for international legal practitioners, bar associations and law societies. Established in 1947, shortly after the creation of the United Nations, it was born out of the conviction that an organisation made up of the world's bar associations could contribute to global stability and peace through the administration of justice.
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