FacebookTwitterGoogle+RedditEmail

Julian Assange’s Thousand Days

by BINOY KAMPMARK

Police states quaffing the blood of victims have an excuse: they wish to oppress in order to justify the status quo, keeping the fires burning, their subjects scared. They deceive because they know that truth is another country. States that possess some constitutional worth, those that front a democratic chamber, elected by an enfranchised electorate prefer more subtle techniques, resorting to indefinite detention, without charge.

The breakdown of WikiLeaks founder Julian Assange’s confinement for 1000 days reads as a resume on how authorities can dilute legal obligations with corrosive effect. 10 days were spent in solitary confinement in Wandsworth prison; 550 days were spent under house arrest; and 440 days have been spent at the Ecuadorean embassy in London being denied or guaranteed safe passage by the United Kingdom.

In June 2012, Friends of WikiLeaks sent an open letter to the European Court of Human Rights detailing their concerns about the Swedish request that Assange be extradited for questioning over alleged sex offences. “For a man who has not been charged with any crime, we consider this arbitrary and unlawful detention and thus a violation of the European Convention of Human Rights which the ECHR claims to uphold.”

The thrust of the argument is simple and terrifying. Complying with the European Arrest Warrant in this instance would “make it possible for every citizen detained in the EU to be extradited to another country without charge or any evidence against them, which we consider a more than distressing development.”

This is one of the great obscenities of the age, fed by complacency, justified by indifference. And it is a continuing one. A thousand days without charge is a bilious stain. A thousand days hounded, encircled and monitored by a collective of state interests keen to see him vanquished by silence and incarceration. But Assange knows better. He keeps busy. He teases and can even charm. He conquers through correspondence and Skype, and emits the light of reform via assistance to other whistleblowers.

Naturally, the riposte here is that there is no detention as such – he has been granted sanctuary by Ecuador, albeit within the confines of the embassy. But Assange is much like some of the Palestinian territories, encircled and embargoed when state emergency warrants it. It is an intolerable deadlock made worse by the ineffectual paladins in Canberra who insist that the welfare of its citizens is up to other states.

What the Australian government has in fact done is show that individuals in Assange’s circumstances may well be faced with an extradition order even on returning to Australia. According to Assange himself, speaking to Headley Gritter on Melbourne’s 3RRR, “Australia changed its Extradition Act just over a year ago to make it easier to extradite Australians to the United States for so-called political crimes.”

Far from being fanciful, a reading of amendments made to the Extradition Act 1988 (Cth) shows that tinkering has been made to lower the threshold for which extradition might be sought. These had been in the pipeline for some time and demonstrate the delight officials in Canberra take in allowing foreign powers to have a bite of the Australian cherry. After all, the amending instrument’s purpose was aimed at “streamlining the extradition process and cutting delays.” Rights of citizens have evidently become matters of slimming, streaming and reduction, a weight loss program for aspiring police states.

The amending culprit was the Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Bill 2011. Long winded in title, it promises to be blunt in effect. Political consciousness in Australia has been so narcotised by the security establishment that any discussion about the implications of the bill passed without comment. A moribund fifth estate helped in this.

Yes, section 7 makes a bland reference that individuals will not be extradited for “political offences,” suggesting that Assange might have misread the scope of the provision. But everything hinges on a definition.

The devil lurks in the exclusions for what a “political offence” is. Excluded from it are offences “that involve an act of violence against a person’s life or liberty” or “any offence prescribed by regulations…” This gives government officials extensive room to manoeuvre over what matters “political” might or might not be. Take the issue of “terrorist” offences, which are often a confection of government to nab protesters deemed enemies of the state. One person’s revealing publisher is another’s nosy terrorist.

Persons may be extradited for minor offences, punishable by less than 12 months imprisonment. The Attorney-General is entitled to surrender the person if he or she considers there is no “real risk” of execution occurring. Previously, the threshold had been more onerous, making the AG take into account the likelihood of the person’s trial, conviction and sentence to death.

Assange’s confinement can also be seen in a broader sense, the disease rendered acceptable by authorities who have decided to throw away the law book in the name of law. The sheer fury against those who expose the rules of the game, be it the killing game (Collateral Murder), or the spying game (PRISM, Tempora) demands stern retribution. Those keen to breathe some life into the cadaverous body of democracy have become prominent targets.

In February, then Bradley (now Chelsea) Manning’s 1001 day detention was ruled as being “reasonable” by Judge Colonel Denise Lind. No constitutional rights had been violated. The case had been “uniquely complex”. Thus, extensive detention was given its legal gloss.

Assange’s confinement is the guide book authorities are now using in a global effort to stifle the business of publication and whistleblowing. The modern, pseudo-democratic state understands that the murderous gulag is less attractive than indefinite detention in circumstances that break the will for punitive purpose. It is that new political entity that requires speedy reform, if not wholesale abolition.

Dr. Binoy Kampmark was a Commonwealth Scholar at Selwyn College, Cambridge. He lectures at RMIT University, Melbourne and is currently running with Julian Assange for the WikiLeaks Party in Victoria. Email: bkampmark@gmail.com

Binoy Kampmark was a Commonwealth Scholar at Selwyn College, Cambridge. He lectures at RMIT University, Melbourne. Email: bkampmark@gmail.com

May 04, 2016
Kshama Sawant
It’s Not About Bernie: Why We Can’t Let Our Revolution Die in Philadelphia
Conn Hallinan
Baiting the Bear: Russia and NATO
Joshua Frank
Hanford’s Leaky Nuke Tanks and Sick Workers, A Never-Ending Saga
Paul Craig Roberts
TIPP: Advancing American Imperialism
Ted Rall
Hillary to Bernie Supporters: Don’t Vote for Me!
Eric Draitser
Hillary Clinton and Wall Street’s Neoliberal War on Latin America
Leslie Scott
The Story of Jill Stein: Putting People, Peace and the Planet Before Profits
Ann Garrison
Building the Greens Into a Mass Party: Interview with Bruce Dixon
Tom Clifford
Crying Rape: Trump’s Slurs Against China
Lawrence Davidson
Getting Rid of Bad Examples: Andrew Jackson & Woodrow Wilson
Ellen Brown
Bank of North Dakota Soars Despite Oil Bust: A Blueprint for California?
Nelson Valdes
Is Fidel Castro Outside or Part of Mainstream Thinking? A Selection of Quotes
Jesse Jackson
Don’t Send Flint Down the Drain: Fix It!
Nathan Riley
Help Bernie Keep His Halo
Rivera Sun
Remembering Nonviolent History: Freedom Rides
Clancy Sigal
Rachel and the Isolationists: How Maddow Blew It
Laura Finley
Changing the Conversation About “The Woman Card”
CJ Hopkins
Coming this Summer … Revenge of the Bride of Sophie’s Choice
May 03, 2016
Gary Leupp
Hillary Clinton’s Foreign Policy Resumé: What the Record Shows
Michèle Brand – Arun Gupta
What is the “Nuit Debout”?
Chuck Churchill
The Failures of Capitalism, Donald Trump and Right Wing Terror
Dave Marsh
Bernie and the Greens
John Wight
Zionism Should be on Trial, Not Ken Livingstone
Rev. John Dear
A Dweller in Peace: the Life and Times of Daniel Berrigan
Patrick Cockburn
Saudi Arabia’s Great Leap Forward: What Would Mao Think?
Doug Johnson Hatlem
Electoral Votes Matter: Hillary Clinton or Bernie Sanders vs Donald Trump
Chris Gilbert
Venezuela Today: This Must Be Progress
Pepe Escobar
The Calm Before the Coming Global Storm
Ruth Fowler
Intersecting with the Identity Police (Or Why I Stopped Writing Op-Eds)
Victor Lasa
The Battle Rages on in Spain: the Country Prepares for Repeat Elections in June
Jack Rasmus
Is the US Economy Heading for Recession?
Dean Baker
Time for an Accountable Federal Reserve
Ted Rall
Working for US Gov Means Never Saying Sorry
Dave Welsh
Hunger Strikers at Mission Police Station: “Stop the execution of our people”
John Eskow
The Death of Prince and the Death of Lonnie Mack
May 02, 2016
Michael Hudson – Gordon Long
Wall Street Has Taken Over the Economy and is Draining It
Paul Street
The Bernie Fade Begins
Ron Jacobs
On the Frontlines of Peace: the Life of Daniel Berrigan
Louis Yako
Dubai Transit
Bill Quigley
Teacher, Union Leader, Labor Lawyer: Profile of Chris Williams Social Justice Advocate
Patrick Cockburn
Into the Green Zone: Iraq’s Disintegrating Political System
Lawrence Ware
Trump is the Presidential Candidate the Republicans Deserve
Ron Forthofer
Just Say No to Corporate Rule
Ralph Nader
The Long-Distance Rebound of Bernie Sanders
Ken Butigan
Remembering Daniel Berrigan, with Gratitude
FacebookTwitterGoogle+RedditEmail