FacebookTwitterGoogle+RedditEmail

Julian Assange’s Thousand Days

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

More articles by:

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

September 24, 2018
Jonathan Cook
Hiding in Plain Sight: Why We Cannot See the System Destroying Us
Gary Leupp
All the Good News (Ignored by the Trump-Obsessed Media)
Robert Fisk
I Don’t See How a Palestinian State Can Ever Happen
Barry Brown
Pot as Political Speech
Lara Merling
Puerto Rico’s Colonial Legacy and Its Continuing Economic Troubles
Patrick Cockburn
Iraq’s Prime Ministers Come and Go, But the Stalemate Remains
William Blum
The New Iraq WMD: Russian Interference in US Elections
Julian Vigo
The UK’s Snoopers’ Charter Has Been Dealt a Serious Blow
Joseph Matten
Why Did Global Economic Performance Deteriorate in the 1970s?
Zhivko Illeieff
The Millennial Label: Distinguishing Facts from Fiction
Thomas Hon Wing Polin – Gerry Brown
Xinjiang : The New Great Game
Binoy Kampmark
Casting Kavanaugh: The Trump Supreme Court Drama
Max Wilbert
Blue Angels: the Naked Face of Empire
Weekend Edition
September 21, 2018
Friday - Sunday
Alexandra Isfahani-Hammond
Hurricane Florence and 9.7 Million Pigs
Andrew Levine
Israel’s Anti-Semitism Smear Campaign
Paul Street
Laquan McDonald is Being Tried for His Own Racist Murder
Brad Evans
What Does It Mean to Celebrate International Peace Day?
Nick Pemberton
With or Without Kavanaugh, The United States Is Anti-Choice
Jim Kavanagh
“Taxpayer Money” Threatens Medicare-for-All (And Every Other Social Program)
Jonathan Cook
Palestine: The Testbed for Trump’s Plan to Tear up the Rules-Based International Order
Jeffrey St. Clair
Roaming Charges: the Chickenhawks Have Finally Come Back Home to Roost!
David Rosen
As the Capitalist World Turns: From Empire to Imperialism to Globalization?
Jonah Raskin
Green Capitalism Rears Its Head at Global Climate Action Summit
James Munson
On Climate, the Centrists are the Deplorables
Robert Hunziker
Is Paris 2015 Already Underwater?
Arshad Khan
Will Their Ever be Justice for Rohingya Muslims?
Jill Richardson
Why Women Don’t Report Sexual Assault
Dave Clennon
A Victory for Historical Accuracy and the Peace Movement: Not One Emmy for Ken Burns and “The Vietnam War”
W. T. Whitney
US Harasses Cuba Amid Mysterious Circumstances
Nathan Kalman-Lamb
Things That Make Sports Fans Uncomfortable
George Capaccio
Iran: “Snapping Back” Sanctions and the Threat of War
Kenneth Surin
Brexit is Coming, But Which Will It Be?
Louis Proyect
Moore’s “Fahrenheit 11/9”: Entertaining Film, Crappy Politics
Ramzy Baroud
Why Israel Demolishes: Khan Al-Ahmar as Representation of Greater Genocide
Ben Dangl
The Zapatistas’ Dignified Rage: Revolutionary Theories and Anticapitalist Dreams of Subcommandante Marcos
Ron Jacobs
Faith, Madness, or Death
Bill Glahn
Crime Comes Knocking
Terry Heaton
Pat Robertson’s Hurricane “Miracle”
Dave Lindorff
In Montgomery County PA, It’s Often a Jury of White People
Louis Yako
From Citizens to Customers: the Corporate Customer Service Culture in America 
William Boardman
The Shame of Dianne Feinstein, the Courage of Christine Blasey Ford 
Ernie Niemi
Logging and Climate Change: Oregon is Appalachia and Timber is Our Coal
Jessicah Pierre
Nike Says “Believe in Something,” But Can It Sacrifice Something, Too?
Paul Fitzgerald - Elizabeth Gould
Weaponized Dreams? The Curious Case of Robert Moss
Olivia Alperstein
An Environmental 9/11: the EPA’s Gutting of Methane Regulations
FacebookTwitterGoogle+RedditEmail