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EU warrant opt-out ‘could free Julian Assange’: Campaigners warn of four-month loophole before UK rejoins treaty

Julian Assange could walk free from his Ecuadorian embassy hide-out next year if he takes advantages of a new legal loophole, campaigners say.

The WikiLeaks founder, wanted in Sweden to answer sexual assault charges that he denies, could “evade the law” for up to four months if his European Arrest Warrant (EAW) becomes invalid, according to experts.

Last month, David Cameron formally notified the EU council that the UK will repatriate police and criminal justice powers. It will “opt out” of 133 measures, including the EAW.

While the Government has made clear it will opt back in, there could be a “formal gap of at least a few months” while the commission deals with formalities, according to Professor Steve Peers, an EU law specialist from Essex University.

In this time, campaigners warn that a fugitive – such as Mr Assange – could argue his arrest warrant was no longer valid.

Thais Portilho-Shrimpton, the director of the campaign group Justice Across Borders, said: “The Government needs to make sure the process to opt back is seamless and leaves no room for expensive legal challenges or for suspects – such as Julian Assange – and criminals to evade the law.”

In a letter seen by The Independent on Sunday, Kenny Bowie, the head of the Home Office’s opt-in and treaties team, told Ms Portilho-Shrimpton that “it is not the intention to have a significant gap between the date on which a decision to opt out would take effect and the UK rejoining measures … The Government will be working to ensure that the transitional arrangements are such that measures continue to apply to the UK during that period.”

ulian Assange could walk free from his Ecuadorian embassy hide-out next year if he takes advantages of a new legal loophole, campaigners say.

 

The WikiLeaks founder, wanted in Sweden to answer sexual assault charges that he denies, could “evade the law” for up to four months if his European Arrest Warrant (EAW) becomes invalid, according to experts.

Last month, David Cameron formally notified the EU council that the UK will repatriate police and criminal justice powers. It will “opt out” of 133 measures, including the EAW.

While the Government has made clear it will opt back in, there could be a “formal gap of at least a few months” while the commission deals with formalities, according to Professor Steve Peers, an EU law specialist from Essex University.

In this time, campaigners warn that a fugitive – such as Mr Assange – could argue his arrest warrant was no longer valid.

Thais Portilho-Shrimpton, the director of the campaign group Justice Across Borders, said: “The Government needs to make sure the process to opt back is seamless and leaves no room for expensive legal challenges or for suspects – such as Julian Assange – and criminals to evade the law.”

In a letter seen by The Independent on Sunday, Kenny Bowie, the head of the Home Office’s opt-in and treaties team, told Ms Portilho-Shrimpton that “it is not the intention to have a significant gap between the date on which a decision to opt out would take effect and the UK rejoining measures … The Government will be working to ensure that the transitional arrangements are such that measures continue to apply to the UK during that period.”

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Al Jazeera’s The Listening Post on Ed Snowden and intelligence leaking

FOR  REPORT CLICK HERE    

The importance of leaking to ensure transparency in a democracy is something we should never forget.

The great Al Jazeera media program The Listening Post this week tackles Edward Snowden, Bradley Manning and Wikileaks. They asked me to comment on the ways in which the Snowden story unfolded in the press. My clip is at 10:28. Previous contributions here:

Urge President Correa to Grant Asylum to Julian Assange

Posted: 21 Jun 2012 10:11 AM PDT

From the essential Just Foreign Policy:

WikiLeaks founder Julian Assange has requested political asylum from Ecuador.

British courts recently rejected Assange’s appeal against extradition to Sweden. Assange has good reason to fear extradition to Sweden: many believe it likely that Sweden would extradite Assange to the United States to face charges under the Espionage Act of 1917 for his role in publishing leaked U.S. diplomatic cables, charges that could carry the death penalty. The treatment of Bradley Manning, the U.S. soldier accused of providing U.S. diplomatic cables to WikiLeaks, suggests the treatment that Assange might expect in U.S. government custody. Manning has been subjected to repeated and prolonged solitary confinement, harassment by guards, and humiliation such as being forced to strip naked and stand at attention outside his cell.

If the U.S. government succeeds in prosecuting Assange under the Espionage Act, it will likely intimidate future potential whistleblowers, making it harder to reveal important secrets about U.S. foreign policy in the future—and making it harder to reform U.S. foreign policy.

Will you join us in urging President Correa to grant Julian Assange’s request for political asylum?

Glenn Greenwald writes today in the Guardian:

If one asks current or former WikiLeaks associates what their greatest fear is, almost none cites prosecution by their own country. Most trust their own nation’s justice system to recognize that they have committed no crime. The primary fear is being turned over to the US. That is the crucial context for understanding Julian Assange’s 16-month fight to avoid extradition to Sweden, a fight that led him to seek asylum, Tuesday, in the London Embassy of Ecuador.

The evidence that the US seeks to prosecute and extradite Assange is substantial. There is no question that the Obama justice department has convened an active grand jury to investigate whether WikiLeaks violated the draconian Espionage Act of 1917. Key senators from President Obama’s party, including Senate intelligence committee chairwoman Dianne Feinstein, have publicly called for his prosecution under that statute. A leaked email from the security firm Stratfor – hardly a dispositive source, but still probative – indicated that a sealed indictment has already been obtained against him. Prominent American figures in both parties have demanded Assange’s lifelong imprisonment, called him a terrorist, and even advocated his assassination.

As Greenwald notes:

Assange’s fear of ending up in the clutches of the US is plainly rational and well-grounded. One need only look at the treatment over the last decade of foreign nationals accused of harming American national security to know that’s true; such individuals are still routinely imprisoned for lengthy periods without any charges or due process. Or consider the treatment of Bradley Manning, accused of leaking to WikiLeaks: a formal UN investigation found that his pre-trial conditions of severe solitary confinement were ‘cruel, inhuman and degrading’, and he now faces capital charges of aiding al-Qaida.

WikiLeaks has made a tremendous contribution to exposing U.S. foreign policy to public scrutiny. The importance of transparency and public information to reforming U.S. foreign policy cannot be overstated. Recently, Just Foreign Policy worked with the offices of Rep. Dennis Kucinich and Rep. John Conyers to support a letter signed by 26 Members of Congress to President Obama pressing the Administration to disclose more information about its drone strike policy, particularly concerning civilian casualties and so-called “signature strikes” that target unknown people based on (often faulty) intelligence of suspicious activity. Polls have suggested that the drone strike policy is popular in the U.S., but the popularity in the U.S. stems from ignorance: the American people don’t know what they are supporting, because the reality of the policy has been hidden from public scrutiny. That’s why it’s so important that information about U.S. foreign policy be made public.

Therefore—in addition to our concern for Assange’s individual human rights—people who are working to reform U.S. foreign policy have a big stake in what happens in the Julian Assange/WikiLeaks case. If the U.S. government succeeds in intimidating whistleblowers, it will be harder to reveal information about U.S. foreign policy in the future, and therefore it will be harder to reform U.S. foreign policy. That’s why it’s so important for President Correa—who has legitimate reason to be concerned about possible retaliation from the United States—to hear from Americans urging that he grant Julian Assange’s request for political asylum.

Please add your voice by signing our petition to President Correa here:

Thank you for all you do to help bring about a more just foreign policy,

Robert Naiman, Chelsea Mozen, Sarah Burns and Megan Iorio
Just Foreign Policy

The World Tomorrow – Cypher Punks Clip

[youtube http://youtu.be/PXs7i24c06Y?]

Watch full report here: http://www.youtube.com/user/AssangeWorldTomorrow

A terrifying war is being fought in the digital second world of modern life. Technology designed to soak up individual’s private communications is in constant development. In the age of cyber surveillance where does the boundary between private and public fall — if it still exists at all?

On the front line of this digital conflict are the Cypherpunks, the focus of a two part special of The World Tomorrow beginning with part one this week. Andy Muller Maguhn, Jeremie Zimmerman, and Jacob Appelbaum are all prominent web activists advocating the free circulation of data and knowledge on the web. They are all key figures in the Cypherpunks movement — a movement dedicated to keeping your private data private. In this eye-opening encounter, Julian Assange discusses with them the technical challenge posed by government snooping on personal data, the democratisation of essential encryption technology, and the importance of web activism. As Jacob Applebaum points out, “Now we take our personal lives and we put it all on Facebook. We communicate using the Internet or mobile phones, which are now meshed to the Internet. And military or intelligence agencies have control of that data and are studying it. So this is some kind of militarization of civilian life.”

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