- Oct 12, 2018
That is exactly what this is, and journalists the world over should be concerned about it. Too few are speaking out about it.This makes me feel uneasy about the US application because it seems to me a back-door way to criminalise what, in different circumstances, might be considered legitimate behaviour by a journalist anxious to reassure a nervous source.
The standard of proof in extradition cases is pretty low, so while Assange will doubtless argue it's not been met, I think a British court will probably agree that a grand jury indictment is probably sufficient.If the US request for extradition of Assange doesn't meet the extradition treaty's standard of evidence, I trust that the UK will deny it. Ditto, Sweden's request, if renewed.
Wikileaks' downfall began when it - i.E. Assange - became biased and in any way politically active.We do need transparency and whistleblower sites. And I do have concerns about the charges against the accused rapist lodged in the US (but not the rape charges). As for Wikileaks, they ahve become a parody of themselves and Assange can burn in hell.
No, it doesn't rule out extradition to the USA at all.One of the conditions, to which the UK agreed, according to the president of Ecuador, for jettisoning Assange out was this:
Britain has guaranteed to Ecuador that WikiLeaks founder Julian Assange will not be extradited to a country that has the death penalty, Ecuadorean President Lenin Moreno said on Thursday after Assange was arrested in London.
“In line with our strong commitment to human rights and international law, I requested Great Britain to guarantee that Mr Assange would not be extradited to a country where he could face torture or the death penalty,” Moreno said in a video posted on Twitter.
“The British government has confirmed it in writing, in accordance with its own rules.”"
So if the UK sticks with it, this would be ruling out the USA.
Given our penchant for extended and aggressive use of solitary confinement, which is a form of torture, it should rule us out, but I doubt that will be the case.No, it doesn't rule out extradition to the USA at all.
It's been settled law in all member countries of the European Convention on Human Rights since Soering v. United Kingdom (1989) that no ECHR country may extradite in cases where the defendant is at risk of the death penalty without guarantees from the receiving country that the death penalty will not be sought in the case. Ditto torture.
So all the UK did in this case was confirm in writing that it would continue to follow British law and the ECHR in this case, as it has done for the last 30 years.
US prison conditions often feature in extradition and human rights cases, both in the UK and the rest of Europe. I would certainly expect that Assange's lawyers will raise the prospect of Assange being kept in somewhere like that supermax facility in Colorado as a reason for refusing the request on human rights grounds.Given our penchant for extended and aggressive use of solitary confinement, which is a form of torture, it should rule us out, but I doubt that will be the case.