The Working Group on Arbitrary Detention Deems the deprivation of liberty of Mr. Julian Assange as arbitrary
Sunday, 7 February 2016
The strange case of Julian Assange continues.....
The legal matter which triggered his request for asylum remains unresolved to date.
On 5 February 2016 the Office of High Commissioner, Human Rights, United Nations, issued this statement:
The Working Group on Arbitrary Detention Deems the deprivation of liberty of Mr. Julian Assange as arbitrary
On 4 December 2015, the Working Group on Arbitrary Detention (WGAD) adopted Opinion No. 54/2015, in which it considered that Mr. Julian Assange was arbitrarily detained by the Governments of Sweden and the United Kingdom of Great Britain and Northern Ireland. In that opinion, the Working Group recognized that Mr. Assange is entitled to his freedom of movement and to compensation. The application was filed with the Working Group in September 2014. The Opinion 54/2015 was sent to the Governments of Sweden and the United Kingdom of Great Britain and Northern Ireland on 22 January 2016 in accordance with the Working Group’s Methods of Work.
Given that Mr. Assange is an Australian citizen, one of the members of the Working Group who shares his nationality recused herself from participating in the deliberations. Another member of the Working Group disagreed with the position of the majority and considered that the situation of Mr. Assange is not one of detention and therefore falls outside the mandate of the Working Group.
In mid-2010, a Swedish Prosecutor commenced an investigation against Mr. Assange based on allegations of sexual misconduct. On 7 December 2010, pursuant to an international arrest warrant issued at the request of the Swedish Prosecutor, Mr. Assange was detained in Wandsworth Prison for 10 days in isolation. Thereafter, he was subjected to house arrest for 550 days. While under house arrest in the United Kingdom, Mr. Assange requested the Republic of Ecuador to grant him refugee status at its Embassy in London. The Republic of Ecuador granted asylum because of Mr. Assange’s fear that if he was extradited to Sweden, he would be further extradited to the United States where he would face serious criminal charges for the peaceful exercise of his freedoms. Since August 2012, Mr. Assange has not been able to leave the Ecuadorian Embassy and is subject to extensive surveillance by the British police.
The Working Group considered that Mr. Assange has been subjected to different forms of deprivation of liberty: initial detention in Wandsworth prison which was followed by house arrest and his confinement at the Ecuadorian Embassy. Having concluded that there was a continuous deprivation of liberty, the Working Group also found that the detention was arbitrary because he was held in isolation during the first stage of detention and because of the lack of diligence by the Swedish Prosecutor in its investigations, which resulted in the lengthy detention of Mr. Assange. The Working Group found that this detention is in violation of Articles 9 and 10 of the UDHR and Articles 7, 9(1), 9(3), 9(4), 10 and 14 of the ICCPR, and falls within category III as defined in its Methods of Work.
The Working Group therefore requested Sweden and the United Kingdom to assess the situation of Mr. Assange to ensure his safety and physical integrity, to facilitate the exercise of his right to freedom of movement in an expedient manner, and to ensure the full enjoyment of his rights guaranteed by the international norms on detention. The Working Group also considered that the detention should be brought to an end and that Mr. Assange should be afforded the right to compensation.
SBS
News, 5
February 2016:
British Foreign
Secretary Philip Hammond has branded a United Nations working group report on
the "arbitrary detention" of WikiLeaks founder Julian Assange as
"frankly ridiculous".
Speaking at a joint
press conference with his Iranian counterpart in London, Mr Hammond said Mr
Assange was in fact "hiding from justice".
He spoke out after the
UN working group ruled Mr Assange was being "arbitrarily detained" in
the Ecuadorian embassy in London - and called for him to be paid compensation.
The UN Working Group on
Arbitrary Detention said the Swedish and British authorities should end
Assange's "deprivation of liberty" and respect his physical integrity
and freedom of movement.
Assange is wanted for
questioning over an alleged sex offence in Sweden but has avoided extradition
by seeking refuge in the embassy, where he has been living for more than three
years after being granted political asylum by the Ecuadorian government.
He claims he will be
transported to the United States to be quizzed over the activities of WikiLeaks
if he is extradited to Sweden. There is an espionage case against him in the
US.
He filed a complaint
against Sweden and the UK to the UN Working Group on Arbitrary Detention in
September 2014.
But Hammond said:
"I reject the decision of this working group. It is a group made up of lay
people and not lawyers.
"Julian Assange is
a fugitive from justice. He is hiding from justice in the Ecuadorian embassy.
"He can come out any
time he chooses ... But he will have to face justice in Sweden if he chooses to
do so.
"This is frankly a
ridiculous finding by the working group and we reject it.".....
The Sydney Morning Herald, 6 February 2016:
And Australian human rights lawyer Geoffrey Robertson QC said the UN report showed that "the real villain is Sweden".
Sweden had misused the European arrest warrant system, he said.
"The United Kingdom should now ask Sweden to withdraw that arrest warrant," Mr Robertson said. "It can in fact refuse to act upon it because it has been declared unlawful by this UN tribunal. I think that would be the proper way."
In a statement addressed to the UN Working Group, the Swedish Ministry for Foreign Affairs said it disagreed with their opinion.
"He is not being deprived of his liberty (at the embassy) due to any decision or action taken by the Swedish authorities," they said, adding that the government could not in any case interfere with an ongoing case handled by a Swedish public prosecutor.
Assange’s country of origin, Australia, had this to say on the subject by way of its Foreign Minister Julie Bishop:
"I have now read
the report and I am seeking legal advice on its implications for Mr Assange, as
an Australian citizen….I have confirmed with his lawyers that our offer of
consular assistance stands should he require it."
Labels:
United Nations
This infantile individual has followers in Australia?
Photograph of Daryush Valizadeh, date unknown*
This is the world according to very infantile Daryush “Roosh” Valizadeh creator of Return of Kings:
“1. Men and women are genetically different, both physically and mentally. Sex roles evolved in all mammals. Humans are not exempt.
2. Men will opt out of monogamy and reproduction if there are no incentives to engage in them.
3. Past traditions and rituals that evolved alongside humanity served a net benefit to the family unit.
4. Testosterone is the biological cause for masculinity. Environmental changes that reduce the hormone’s concentration in men will cause them to be weaker and more feminine.
5. A woman’s value significantly depends on her fertility and beauty. A man’s value significantly depends on his resources, intellect, and character.
6. Elimination of traditional sex roles and the promotion of unlimited mating choice in women unleashes their promiscuity and other negative behaviors that block family formation.
7. Socialism, feminism, cultural Marxism, and social justice warriorism aim to destroy the family unit, decrease the fertility rate, and impoverish the state through large welfare entitlements.” [Daryush Valizadeh]
In this world apparently rape is all the woman’s fault (with rare exceptions) and always solely her responsibility to avoid.
Daryush holding forth on this subject at Rooshv.com, accessed 1 February 2016:
I thought about this problem and am sure I have the solution: make rape legal if done on private property. I propose that we make the violent taking of a woman not punishable by law when done off public grounds.
The exception for public rape is aimed at those seedy and deranged men who randomly select their rape victims on alleys and jogging trails, but not as a mechanism to prevent those rapes, since the verdict is still out if punishment stops a committed criminal mind, but to have a way to keep them off the streets. For all other rapes, however, especially if done in a dwelling or on private property, any and all rape that happens should be completely legal.
If rape becomes legal under my proposal, a girl will protect her body in the same manner that she protects her purse and smartphone. If rape becomes legal, a girl will not enter an impaired state of mind where she can’t resist being dragged off to a bedroom with a man who she is unsure of—she’ll scream, yell, or kick at his attempt while bystanders are still around. If rape becomes legal, she will never be unchaperoned with a man she doesn’t want to sleep with. After several months of advertising this law throughout the land, rape would be virtually eliminated on the first day it is applied.
Daryush went on Twitter on 1 February to tell the world he was coming to Australia, hinting that he was flying out of the U.S. on 4 February 2016 – destination Canberra. He also stated that if he was denied a visa then he would smuggle himself into the country. Presumably because, having male genitalia and a U.S. passport, he shouldn’t be baulked in any way.
Australian readers will of course be amused that he presumes that Canberra is the place to be. When it is a national capital with probably the third smallest population of any capital city in Australia and, during at least two days of his alleged stay it will be empty of federal politicians, the Canberra press gallery and anyone else who might matter to his effort at self-promotion.
However, it seems that this emotional toddler may not be serious about landing on Australian shores – he had not applied for a visa as of 2 February 2016 according to the Minister for Immigration and Border Protection.
The ego at work......
Rather predictably, as the time to act on his boasts came nearer, Daryush backed down and, according to his website, is cancelling his big night out because he cannot guarantee the safety and privacy of the men who want to attend.
If his foray into Canada in 2015 is anything to go by, it's more likely that not enough men wanted to get together with him to celebrate such a bizarre and immature outlook on life.
On or about 5 February 2016 he also added a disclaimer to his year-old post on rape on private property - now calling it "satire".
If his foray into Canada in 2015 is anything to go by, it's more likely that not enough men wanted to get together with him to celebrate such a bizarre and immature outlook on life.
It will come as no surprise to readers to learn that Daryrush is said to live in the basement of his mother's house in Silver Springs, Maryland. Needless to say there is no evidence of the shiny Mecedes Benz (that he flaunts online) in front of his mother's small terrace house.
So yesterday came and went with no 36 year-old American braggart in spectacles standing on Australian soil and barely a person will be able to recall his name by tomorrow.
* Yes, I was naughty and picked the most unflattering photo of this pickup artist I could find. I don’t apologize - I’m an Australian woman and rape is part of my community and family history, sadly including the abduction and rape of minors.
Labels:
misogyny
Saturday, 6 February 2016
Quote of the Week
Abbott was born in England in the 1950s and he is still a creature of it. He represents a narrow strand in Australian culture which is in many ways more British than Australian, and that is part of the reason why he was unsuccessful.
[Author Aaron Patrick in The NewDaily, 29 January 2016]
Just because it is beautiful..... (2)
Labels:
flora and fauna
Friday, 5 February 2016
Labor called Turnbull Government's bluff - now ordinary voters should demand their right to know
When Dyson Heydon decided to permanently conceal from public view one volume of the report produced by the Royal Commission into Union Governance and Corruption, he did a grave disservice to the democratic process.
Opposition and cross-bench parliamentarians are starting to demand access to the secret 'facts' a commissioner (trailing apprehended bias allegations behind him) relied on, before they consider new government legislation.
Now in this 2016 federal election year it's time that Australian voters also fight for access to a copy of this volume with individual/company/place names redacted.
It may be a hard fight as I rather suspect that Heydon's hidden hyperbole won't stand up to close public scrutiny.
The Australian, 18 January 2016:
Labor has written to the Turnbull government to formally request access to the secret volumes of the Heydon royal commission report on trade unions, as it accused the Coalition of selectively using the inquiry’s recommendations for its “immediate political interests”.
In a letter to Employment Minister Michaelia Cash, obtained by The Australian, opposition employment spokesman Brendan O’Connor says the government must provide access to all sides of parliament — “and potentially to other interested parties” — if it seeks to use the chapters “to make the case for legislation”.
It comes after The Weekend Australian revealed the government would take the extraordinary step of providing crossbench senators with redacted versions of the confidential volumes in a desperate bid to end the stalemate with the independents over its industrial relations reforms.
The Department of Prime Minister and Cabinet is arranging a viewing of the secret parts of the report after independents Jacqui Lambie and Glenn Lazarus demanded to see the full document before deciding on the government’s stalled IR bills.
“If your government wants to rely on these secret volumes to make the case for legislation, the opposition is of the strong belief that the government must, at a minimum, provide them to all sides of the parliament, and potentially to other interested parties,” Mr O’Connor writes……
Royal commissioner Dyson Heydon has recommended a volume of the interim report be kept confidential to protect the physical wellbeing of 29 witnesses and their families. He has also urged for a sixth volume in the final report to remain confidential.
Mr O’Connor, who has slammed the royal commission as a “political witch hunt”, said it appeared the government “only respects the royal commission’s findings when it suits your immediate political interests”.
“A failure to provide the opposition with an opportunity to access the confidential volumes will only confirm this,” he says.
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