Read The Times Australia

Daily Bulletin

UN decision is not 'the end of the road' that Assange claims it is

  • Written by: The Conversation Contributor
image

A United Nations panel has found that Sweden and the UK have arbitrarily detained WikiLeaks founder Julian Assange contrary to their obligations under human rights treaties. The panel called on the two governments to ensure Assange’s rights are respected and to compensate him for his time in detention.

Assange, who sought asylum in the Ecuadorian embassy in London in 2012 and has lived there ever since, described the findings as “the end of the road” for Sweden’s attempts to prosecute him for sexual offences and for the UK’s attempts to extradite him to Sweden. However, the UK and Swedish governments rejected the panel’s findings.

So, in practice, what do the panel’s findings actually mean?

Background and what the panel found

Assange was accused in 2010 of a number of sexual offences in Sweden. A Swedish prosecutor demanded Assange’s presence in the country for questioning by means of a European Arrest Warrant.

Following the request for extradition, Assange was arrested and at first held in prison in the UK, then placed under house arrest. He contested the warrant’s validity, but in 2012 the UK Supreme Court ruled he could be sent to Sweden for questioning. Shortly after, Assange sought asylum in the Ecuadorian embassy.

The Working Group on Arbitrary Detention, which issued this opinion, is one of the UN’s special procedures on human rights. It is made up of five independent experts on issues relating to detention. Its mandate includes investigating complaints brought by individuals or groups and helping countries improve their procedures. It is currently developing a set of principles and guidelines on procedures for court review of detention.

Most of the body’s opinions relate to cases where the complainant’s detention lacks any legal basis and there is a clear violation of legal due process. In its opinion on Assange, it determined that the detention was disproportionate rather than lacking a legal basis. It focused on the length of time since the initial arrest and concluded that the Swedish prosecutors had not acted with due diligence to progress Assange’s cases.

Unlike many human rights cases involving complaints about delay in criminal procedure, the opinion did not consider how Assange’s own actions contributed to the length of detention.

What now?

This opinion was not an appeal; the body was not reviewing the national court decisions. It cannot – it is not a judicial body.

Despite Assange’s seeming assertion that such opinions are legally binding because they are based in international law, countries are not obliged to follow them. However, most do.

As a result, while there is no legal impediment to the UK and Sweden ignoring the opinion, there will be pressure on them to respect it. The UK finds itself in a difficult situation because it has clear legal obligations to execute a European Arrest Warrant. Those obligations conflict with the opinion.

The UK and Sweden have the right to request review of the opinion within 60 days. Such a review may have a reasonable likelihood of success because, unusually, this opinion was not unanimous. One of the panel’s five members, Leigh Toomey, withdrew from deliberations because, like Assange, she is an Australian national.

Another member, Vladimir Tochilovsky, dissented from the majority opinion. He concluded that Assange was not subject to arbitrary detention because he entered and has remained in the Ecuadorian embassy voluntarily. Tochilovsky also asserted that other UN or European human rights procedures would have been more appropriate because they would have been able to look at Assange’s human rights in general, rather than just at arbitrary detention.

This disagreement will probably form the basis of the request for review of what – even for some legal commentators – is a controversial decision. Far from being the end of the road for the Assange saga, this decision marks just another staging post.

Authors: The Conversation Contributor

Read more http://theconversation.com/un-decision-is-not-the-end-of-the-road-that-assange-claims-it-is-54257

Business News

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

How Long Does Interstate Freight Take in Australia?

If you have ever arranged for stock, equipment or materials to travel from one Australian state to a...

How AEC Firms Can Scale Faster Without Sacrificing Project Quality

Growth presents a fundamental dilemma for architecture, engineering, and construction firms: expan...

What Makes an Aesthetic Clinic Worth Going Back To?

Trying an aesthetic clinic for the first time can feel like a bit of a gamble. You can read review...

Elevate Your Morning Routine with Cafe-Style Coffee at Home with the Right Coffee Machine

There's something magical about that first sip of coffee in the morning. It’s more than just a bev...

Top Garment Steamers for Busy Professionals in Australia

The gap between garment steamers built for a quick touch-up and ones built to keep pace with a wor...

Correct Sleeping Posture to Minimize Back Strain

Most people don’t pay much attention to how they sleep until they start waking up with a stiff bac...

Why Product Longevity Matters for Sustainable Australian Buildings

Sustainability in building design is often associated with recycled materials, renewable resources a...

NDIS Support Coordination Explained: What Does a Support Coordinator Actually Do?

NDIS support coordination explained means understanding how a professional can help participants n...

When Should You Speak with Divorce Lawyers in Sydney?

Divorce involves more than completing an online application. It can affect parenting arrangements, p...