UN Panel seem confused re idea of being a fugitive.

Think Assange claiming asylum is same as jail?

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Re: UN Panel seem confused re idea of being a fugitive.

#241  Postby Agi Hammerthief » Feb 15, 2016 7:24 pm

GrahamH wrote:
monkeyboy wrote:Oh and to pay out compensation for being stuck between a rock and a hard place?



Thing is, the UK is one of the rocks, and apparently actually advised the Swedish prosecutor not to question Assange in London. It looks like the UK is doing more than merely meeting it's treaty obligations. Millions have been spent, because the UK chose to act against Assange as if he was a mass murderer or something.

Just how embarresing where those leaks for the UK?
* my (modified) emphasis ( or 'interpretation' )
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Re: UN Panel seem confused re idea of being a fugitive.

#242  Postby Alan B » Feb 15, 2016 7:55 pm

A very lengthy document.
Justice for Assange
EXTRADITING ASSANGE

This document provides the facts about Julian Assange's situation. Mainstream reportage on Assange's case is of a poor quality, with the result that many members of the public are misinformed on the most basic facts about his legal and factual situation. This document aims to remedy this situation.

This document provides comprehensively cited information about why Julian Assange has been given asylum by Ecuador, and about the sequence of events leading up to that point.

The document also considers the most frequent false or misleading claims made in the media and demonstrates how they are incorrect. Reference is made to all of the necessary documentary evidence and each quotation links to the original source, so that readers can follow up and ascertain for themselves the truth of the matter.


Haven't read it all but there seems to be mine of information there. At first glance (and the way it is laid-out) it appears to be a thorough synopsis of the events so far.
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Re: UN Panel seem confused re idea of being a fugitive.

#243  Postby monkeyboy » Feb 15, 2016 8:20 pm

Alan B wrote:A very lengthy document.
Justice for Assange
EXTRADITING ASSANGE

This document provides the facts about Julian Assange's situation. Mainstream reportage on Assange's case is of a poor quality, with the result that many members of the public are misinformed on the most basic facts about his legal and factual situation. This document aims to remedy this situation.

This document provides comprehensively cited information about why Julian Assange has been given asylum by Ecuador, and about the sequence of events leading up to that point.

The document also considers the most frequent false or misleading claims made in the media and demonstrates how they are incorrect. Reference is made to all of the necessary documentary evidence and each quotation links to the original source, so that readers can follow up and ascertain for themselves the truth of the matter.


Haven't read it all but there seems to be mine of information there. At first glance (and the way it is laid-out) it appears to be a thorough synopsis of the events so far.

Cheers for the bed time reading.
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Re: UN Panel seem confused re idea of being a fugitive.

#244  Postby GrahamH » Feb 15, 2016 8:36 pm

A few interesting points.

Assange is sought for questioning, and may or may not eventually be charged. Under Swedish law, before any decision is made to charge a suspect the suspect must be asked to nominate witnesses, who must then be questioned by the police. If any decision is made, the police file and all of the evidence must be disclosed to the suspect. These things have not been done.


20. At around the same time, the prosecutor stated that, notwithstanding the extant arrest warrant, that the Appellant was 'not a wanted man' and would be able to attend an interview 'discreetly'.

[..]

22. Statements issued by the Respondent throughout September, October and November confirmed that the investigation was ongoing and that no decision had been taken to charge or prosecute. Investigations were being undertaken and witnesses were interviewed.


According to Swedish Criminal Code, Swedish prosecutors have an obligation to progress investigations:



1.at maximum speed



2.at minimum cost



3.with minimum inconvenience to the suspect



On the Swedish national broadcaster, Radio Sweden, Swedish professor emeritus of international law Ove Bring:

It would have been possible to go to London directly, many months ago, when he had just arrived there. But now it's a matter of prestige, and it's a matter of prestige not only for prosecutors, but for the Swedish legal system.

[SOURCE]

To interview Julian Assange would be lawful. It would progress an investigation that has been delayed long enough. And it would put to an end invidious departures from routine procedure.

But it would also look as if the Swedish government had "lost" in a battle of wills. It would be an admission that it was possible all along. It would vindicate now highly public international criticisms of official Swedish conduct.

And the Swedish government won't have that.
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Re: UN Panel seem confused re idea of being a fugitive.

#245  Postby Agi Hammerthief » Feb 15, 2016 8:44 pm

they are so hard trying to save their face, they don't notice there is nothing left to save.
* my (modified) emphasis ( or 'interpretation' )
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Re: UN Panel seem confused re idea of being a fugitive.

#246  Postby monkeyboy » Feb 16, 2016 10:06 am

So, if I'm reading things correctly....
Assange has sex with some Swedish ladies and there are issues over a burst condom which leads to consent issues and charges which have been referred to as rape and minor rape. They were being investigated and during these investigations, Assange travelled to Germany, quite legally.
Swedish prosecutors made the decision to insist Assange returned to Sweden for questioning as opposed to conducting either a phone interview, a video interview, travelling to interview him....all of which they had precedent for doing. Assange objected to returning to Sweden since the Swedes wanted to arrest and confine him pretrial. Effectively, to remand him?
By this time his travels had brought him to London and the Swedes issue a European Arrest Warrant which is subsequently appealed and upheld in UK courts. Just before a final appeal, Assange seeks asylum citing fear of America.
Years pass by, nobody is prepared to back down and the UN are contacted by Assange. The UN decides the UK are arbitrarily detaining him and should let him go free giving him compensation.
All of this is set against a backdrop of Assange being the founder and editor of Wikileaks and there being a grand jury in America likely to want to indict him for some form of espionage any time soon.
Have I got things right so far, language neutral enough?

I'm still left confused by the UN decision. His asylum is from America. America has an extradition treaty with the UK. It seems the only reason they haven't made a request is to avoid legal tangles whilst the Swedish situation continues.
If the UK effectively turned around and said they were no longer willing to pursue the EAW (can we without breaking the European extradition treaty?) and Assange would not be arrested for that were he to leave the embassy, there would be nothing to stop the Americans jumping in with an indictment and an extradition request of their own. Would the UN then insist we let him go free from that too?
Why are the UN focusing on the UK's role in all of this when the Swedes are the ones who initiated the EAW and maintain it? Why are America not cited for persecuting him when it is they that Assange is seeking asylum from?
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Re: UN Panel seem confused re idea of being a fugitive.

#247  Postby Alan B » Feb 16, 2016 10:23 am

Like I said earlier, America is the driving force in this situation (behind the scenes) because Wikileaks caught them 'with their pants down'.
Sweden and the UK are just pawns in the American 'secret services' view of the world.
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Re: UN Panel seem confused re idea of being a fugitive.

#248  Postby Nicko » Feb 16, 2016 10:39 am

monkeyboy wrote:Like I have said though. What happens if the Swedes do come to interview him in the embassy and want to arrest him and take him back with them?


If the Swedes have grounds to lay charges, an interview won't make those go away. Nor will an interview give such grounds if none exist now.

Ergo, they should lay charges and issue a warrant for Assange's arrest on those charges, or just question him where he is.

Incidentally, I agree he is technically not being detained by the UK government.
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Re: UN Panel seem confused re idea of being a fugitive.

#249  Postby Teague » Feb 16, 2016 10:39 am

GrahamH wrote:
Teague wrote:You have the right to remain silent.

Also, are you suuuure about that. If they're not charging you with a crime, they can't arrest you. You get arrested for committing a crime, not for being a suspect. This isn't Nazi Germany or North Korea - they can't just take you away for questioning.


I'm no expert on law. My understanding is that in UK law police can arrest on reasonable suspicion ("probable cause") and the CPS decides if someone is to be prosecuted, and if so what the actual charge is. You might be arrested on suspicion of murder but actually be charged later for manslaughter, for example.

Probable cause will be founded on either direct observations by the police officer, or on hearsay information provided by others to the police. The information brought by the police to the neutral and detached magistrate must establish that—considering the police officer's experience and training—the officer knows facts, either through personal observation or through hearsay information, that would suggest to a reasonable prudent person that the individual named in the warrant had committed or was committing a crime.

https://en.wikipedia.org/wiki/Arrest_warrant


The prosecution charge or indictment has to meet a much higher burden of proof than the probable cause arrest warrant.


Then he would be wanted for a crime they suspect him of and not want him for questioning. He's under no obligation to answer any questions. You cannot just haul people in and interrogate them. If they want to put him in prison then they need to do that - there's no arrest warrant for "questioning".
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Re: UN Panel seem confused re idea of being a fugitive.

#250  Postby Nicko » Feb 16, 2016 10:49 am

monkeyboy wrote:So, if I'm reading things correctly....
Assange has sex with some Swedish ladies and there are issues over a burst condom which leads to consent issues and charges which have been referred to as rape and minor rape. They were being investigated and during these investigations, Assange travelled to Germany, quite legally.


You've already gotten it wrong. Assange did not leave Sweden during the investigation. He left after the prosecutor concluded that even assuming every word of both women's testimonies were true, their statements did not even amount to an allegation of a crime.
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Re: UN Panel seem confused re idea of being a fugitive.

#251  Postby Teague » Feb 16, 2016 11:01 am

monkeyboy wrote:Like I have said though. What happens if the Swedes do come to interview him in the embassy and want to arrest him and take him back with them?
Is he just going to step out into the taxi and off to the airport?


Slippery slope fail.
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Re: UN Panel seem confused re idea of being a fugitive.

#252  Postby Teague » Feb 16, 2016 11:07 am

Nicko wrote:
monkeyboy wrote:

Incidentally, I agree he is technically not being detained by the UK government.


I think the UN mentioned something about his liberty as well. There's no question about that so therefore, doesn't that equate to being "detained"?
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Re: UN Panel seem confused re idea of being a fugitive.

#253  Postby monkeyboy » Feb 16, 2016 11:16 am

Nicko wrote:
monkeyboy wrote:So, if I'm reading things correctly....
Assange has sex with some Swedish ladies and there are issues over a burst condom which leads to consent issues and charges which have been referred to as rape and minor rape. They were being investigated and during these investigations, Assange travelled to Germany, quite legally.


You've already gotten it wrong. Assange did not leave Sweden during the investigation. He left after the prosecutor concluded that even assuming every word of both women's testimonies were true, their statements did not even amount to an allegation of a crime.

So why do they want to question him then?
Every time I think I'm getting things a bit clearer......
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Re: UN Panel seem confused re idea of being a fugitive.

#254  Postby monkeyboy » Feb 16, 2016 11:18 am

Teague wrote:
monkeyboy wrote:Like I have said though. What happens if the Swedes do come to interview him in the embassy and want to arrest him and take him back with them?
Is he just going to step out into the taxi and off to the airport?


Slippery slope fail.

Ok don't bother to expand. Don't make any attempt to re word whatever you think is wrong.
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Re: UN Panel seem confused re idea of being a fugitive.

#255  Postby Alan B » Feb 16, 2016 11:21 am

Ask yourself the question: If the Swedes have no case, the UK will not need to 'coral' the Embassy. Which country would be most upset and why?
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Re: UN Panel seem confused re idea of being a fugitive.

#256  Postby monkeyboy » Feb 16, 2016 11:26 am

Teague wrote:
Nicko wrote:
monkeyboy wrote:

Incidentally, I agree he is technically not being detained by the UK government.


I think the UN mentioned something about his liberty as well. There's no question about that so therefore, doesn't that equate to being "detained"?

Technically, he is in the embassy by choice, avoiding arrest. There is a legitimate arrest warrant in force to arrest him but he is not under arrest, hence not detained.
The situation is one of containment by the police. They know where their wanted man is and to prevent him from moving to an unknown location and being at large, they have his escape routes covered.
Yes this restricts his movements but is not detention. Were he detained, he would be being or have been extradited.
This was part of the confusion I had within the OP. Contained and detained are two different things.
If he were holed up in a derelict building with a hostage, the police would surround it and contain him by preventing his escape but nobody would argue that he was detained at that point.
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Re: UN Panel seem confused re idea of being a fugitive.

#257  Postby monkeyboy » Feb 16, 2016 11:31 am

Alan B wrote:Ask yourself the question: If the Swedes have no case, the UK will not need to 'coral' the Embassy. Which country would be most upset and why?

I get this idea without a problem. However, whilst the Swedes insist they do, what can the UK be expected to do under existing treaties and laws etc?
If everything has gone on too long, there is no case to answer etc, why is this not being challenged in Sweden by lawyers, European courts etc? Why are the UK just expected to suddenly just stop supporting an international treaty?
If whatever happens, the Americans want Assange then that's up to them to pursue.
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Re: UN Panel seem confused re idea of being a fugitive.

#258  Postby Teague » Feb 16, 2016 12:37 pm

monkeyboy wrote:
Teague wrote:
monkeyboy wrote:Like I have said though. What happens if the Swedes do come to interview him in the embassy and want to arrest him and take him back with them?
Is he just going to step out into the taxi and off to the airport?


Slippery slope fail.

Ok don't bother to expand. Don't make any attempt to re word whatever you think is wrong.


I need to explain what a slippery slope argument is?
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Re: UN Panel seem confused re idea of being a fugitive.

#259  Postby GrahamH » Feb 16, 2016 12:58 pm

Teague wrote:
GrahamH wrote:
Teague wrote:You have the right to remain silent.

Also, are you suuuure about that. If they're not charging you with a crime, they can't arrest you. You get arrested for committing a crime, not for being a suspect. This isn't Nazi Germany or North Korea - they can't just take you away for questioning.


I'm no expert on law. My understanding is that in UK law police can arrest on reasonable suspicion ("probable cause") and the CPS decides if someone is to be prosecuted, and if so what the actual charge is. You might be arrested on suspicion of murder but actually be charged later for manslaughter, for example.

Probable cause will be founded on either direct observations by the police officer, or on hearsay information provided by others to the police. The information brought by the police to the neutral and detached magistrate must establish that—considering the police officer's experience and training—the officer knows facts, either through personal observation or through hearsay information, that would suggest to a reasonable prudent person that the individual named in the warrant had committed or was committing a crime.

https://en.wikipedia.org/wiki/Arrest_warrant


The prosecution charge or indictment has to meet a much higher burden of proof than the probable cause arrest warrant.


Then he would be wanted for a crime they suspect him of and not want him for questioning. He's under no obligation to answer any questions. You cannot just haul people in and interrogate them. If they want to put him in prison then they need to do that - there's no arrest warrant for "questioning".

Yes there is. That is exactly what the eaw on Assange is. The Swedish prosecutor wants to seize him for questioning.
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Re: UN Panel seem confused re idea of being a fugitive.

#260  Postby Alan B » Feb 16, 2016 1:51 pm

Rendition. Definition (Google search)
(especially in the US) the practice of sending a foreign criminal or terrorist suspect covertly to be interrogated in a country with less rigorous regulations for the humane treatment of prisoners.


Washinton PostImage
After Sept. 11, 2001, the CIA launched a program of "extraordinary rendition" to handle terrorism suspects. The agency's problem, as it saw it, was that it wanted to detain and interrogate foreign suspects without bringing them to the United States or charging them with any crimes. Their solution was to secretly move a suspect to another country. Sometimes that meant a secret CIA prison in places such as Thailand or Romania, where the CIA would interrogate him. Sometimes it meant handing him over to a sympathetic government, some of them quite nasty, to conduct its own "interrogation."
...
Here's what the Open Society report has to say about the staggeringly global participation in the CIA program, including a full list of the countries it names:

The report also shows that as many as 54 foreign governments reportedly participated in these operations in various ways, including by hosting CIA prisons on their territories; detaining, interrogating, torturing, and abusing individuals; assisting in the capture and transport of detainees; permitting the use of domestic airspace and airports for secret flights transporting detainees; providing intelligence leading to the secret detention and extraordinary rendition of individuals; and interrogating individuals who were secretly being held in the custody of other governments. Foreign governments also failed to protect detainees from secret detention and extraordinary rendition on their territories and to conduct effective investigations into agencies and officials who participated in these operations.

The 54 governments identified in this report span the continents of Africa, Asia, Australia, Europe, and North America, and include: Afghanistan, Albania, Algeria, Australia, Austria, Azerbaijan, Belgium, Bosnia-Herzegovina, Canada, Croatia, Cyprus, the Czech Republic, Denmark, Djibouti, Egypt, Ethiopia, Finland, Gambia, Georgia, Germany, Greece, Hong Kong, Iceland, Indonesia, Iran, Ireland, Italy, Jordan, Kenya, Libya, Lithuania, Macedonia, Malawi, Malaysia, Mauritania, Morocco, Pakistan, Poland, Portugal, Romania, Saudi Arabia, Somalia, South Africa, Spain, Sri Lanka, Sweden, Syria, Thailand, Turkey, United Arab Emirates, United Kingdom, Uzbekistan, Yemen, and Zimbabwe.
My emphasis.
Although the 'Extraordinary Rendition' operation has ceased, I would suspect that the mind-set and the expertise is still there and could easily be deployed if an appropriate situation arises - such as the Assange case.

I suspect that Assange is fully aware of the possibility of being 'whisked away' to some suitable location for interrogation.
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