Ecuador granted asylum to Julian Assange today, an act that will further escalate the conflict between Britain and Ecuador. As I discussed on BBC last night, there are some common legal misunderstandings about the status of an embassy, but as a practical matter Assange should be beyond the reach of the English. While the government has threatened to strip the embassy of diplomatic status and grad Assange, it is in my view an empty threat. However, Assange is not likely to see Ecuador any time soon since he can be arrested trying to leave the country.
Assange has embarrassed the United States with disclosures on Wikileaks that revealed, among other things that the government has lied to the public on critical matters. This includes disclosures of how the Obama Administration threatened Spain in order to protect Bush officials from being investigated for war crimes and torture.
It is widely believed that the United States government is pressuring both the government of England and Sweden on arresting Assange to allow it to extradite him. There is a rumored sealed indictment in the United States, which may prosecute Assange for espionage — a highly troubling prosecution for journalists and whistleblowers.
The British threat to raid the embassy is not legally unfounded. There is a common misunderstanding about embassies which are not legally “the soil of the foreign government.” An embassy in London sits on English soil and that country has jurisdiction over it. However, siting on that land is a building occupied with people with diplomatic immunity. As such, it is considered inviolate.
The British government is threatening to use a 1987 British law it says permits the revocation of diplomatic status of a building if the foreign power occupying it “ceases to use land for the purposes of its mission or exclusively for the purposes of a consular post.” The use of the Diplomatic and Consular Premises Act however would trigger an international outcry and beg for acts of retaliations.
The the Vienna Convention on Diplomatic Relations requires diplomats to comply with the laws of the host country and international law does not expressly endorse diplomatic asylum in such cases. That 1961 convention suggests that Ecuador is legally obligated to turn over Assange.
However, countries routinely are faced with such requests — most of which are turned away. However, the United States recently faced this very same dilemma in Beijing when a blind activist fled to our own embassy. Likewise, the U.S. faced this problem when Cardinal Mindszenty took refuge in our embassy in Budapest following the Hungarian uprising in 1956.
Ecuador may take a different view due to the agreement following the 1949 controversy over Victor Raúl Haya de la Torre, leader of the Peruvian APRA movement, who took refuge in the Colombian embassy in Lima. The International Court of Justice ruled against the claim of diplomatic asylum. This led to countries in Latin America adopting of convention supporting such claims, but England is not part of that agreement.
Technically, Ecuador could conceivable get Assange as far as the airport if he rides in an embassy car with a diplomat. However, he has to step out of that car at some point and will face arrest.
It is a classic standoff. The extent to which Britain has pursued the case and issued the threatening letter to Ecuador probably reflects the degree of pressure coming from the Obama Administration. Officials have made it clear that they want Assange’s head on a pike and the best way to do that is to get him to Sweden on the sexual assault charges. Ecuador has offered to let Swedish prosecutors interview Assange at the embassy, but that country has refused.
I would be astonished if England uses its law to strip the embassy of its status. However, I would not be surprised to learn that Obama officials are pushing for precisely that step. Many of Assange’s supporters are likely to point out that we would have to wait for the next Wikileaks dump to learn the truth on that one.
Source: CNN
I have thought of a very good way IMHO of putting spotlight pressure on the Swedes, and America indirectly.
Get this year’s Nobel laureates to boycott the ceremony in Stockholm.
Might get some headlines. And point the finger at all involved. Re-hash it all, etc. Just in time before the election I believe.
@dot: I’m sure Britain will not allow any Ecuadorian diplomatic planes or boats into (air)port until this conflict is cleared up.
Then Britain would be holding all Ecuadorian diplomats hostage, which is in direct violation of the 1961 Vienna Convention on Diplomatic Relations to which they are signatory. They cannot impede their travel, search them or hold them, and the same goes for their “means of transport.”
Mike S: They don’t shame easy.
Folks, the ONLY reason this rape investigation is being levyed is to get Julian into custody to answer for other charges of greater significance.
If this was truly all that was involved, and Julian was someone else, it never would have gone to this extent.
I evidence the first paragraph by the practice so prevalent in the US that it is routine. That is, prosecutors obtain arrest warrants, or police arrest on probable cause for any jailable offense to put the person into custody while greater charges are either pending or being investigationed, or where there is a probability of deportation or extradition. Once in custody, the person is at the mercy of the prosecutor, the courts, or the system.
It looks like all the high points are covered so far.
boat*
For everyone suggesting he get into a diplomatic car and drive it onto a diplomatic plane or boar, I’m sure Britain will not allow any Ecuadorian diplomatic planes or boats into (air)port until this conflict is cleared up.
Tony C: “So we will watch, helpless, as our “representatives” break the law, defile our Constitution and oppress others, because for the majority of citizens, the pain of others is not worth risking anything to alleviate.”
OMG. OMG, this is the problem in its entirety.
“ALSO, if the point is simply to not touch British soil, many planes will allow you to step from the car onto the plane; particularly cargo planes with a drop-door/ramp in the back. Put a diplomat in the car, another in the plane, and let Assange step from the diplomatic car onto the diplomatic plane.”
No need for two diplomats. Just have the first one carry him piggy back onto the plane! Haha.
Seriously, I love the brilliance of y’alls ideas for how to get him out of UK. But, I don’t believe for a second that Britain would let Assange out, even if it means violating international rules/laws/norms. They’ll just issue a nicely worded apology, while Assange is on a plane to Sweden.
“They’ll just issue a nicely worded apology, while Assange is on a plane to Sweden.”
Waldo,
I must agree. considering what posters on this thread have disclosed about the “sexual charges” in Sweden, they are merely the pretense, since they are so minor as to be inconsequential. Assange has tweaked the nose of power and power perceives that it can’t allow its nose to be tweaked lest it seem weak. This situation is so nonsensical on its face that one can only intone to all parties responsible: Have you no shame?
Maybe he could get in an embassy car and the embassy car could get onto a diplomatic boat! Or into a plane that is made to carry vehicles!
I listened to coverage about this on BBC this morning. The interesting thing was they emphasized how wilkileaks hadn’t been doing anything since 2010! Supposedly, with Assange out, wikileaks folded and nothing has come from it. Here we see classic propaganda at work. That the BBC could float the idea that nothing has come out of wikileaks is simply absurd-yet there it was. I have never seen British and US newz so utterly compromised and willing to lie as I have beginning under Bush, now worse than ever, under Obama.
I wonder what Ecuador’s punishment will be? US forces are currently aiding death squads in Honduras. There are real suspicions of US powers’ role in a coup attempt against the president of Paraguay. This will cost Ecuador big time. Their president already refused a US military base, saying they could have one there if Ecuador could establish a base in the US.
As others pointed out, this isn’t about a case of sexual assault allegation. I don’t know what happened with that but the fact that the investigators cannot seem to come to the embassy for an interview, clearly shows that fact finding isn’t the mission.
If you think about the number of crises the US is instigating around the globe you can’t help but wonder how much longer it can all go on. It takes a lot of money to engage in this level of world wide mayhem. I fear for all people and this planet as this empire, a dying empire, overreaches in every part of the world.
@idealist: Unfortunately there is no “move,” this is like asking what an individual is going to do about organized crime. The answer is nothing, and if they try, they die.
The only “move” that would have a chance is revolution. In the USA, that can be achieved peacably, by elections, but it would require an enormous amount of economic and emotional pain to achieve even a good chance of sweeping Congress with something new, and I do not think we are anywhere near that.
So we will watch, helpless, as our “representatives” break the law, defile our Constitution and oppress others, because for the majority of citizens, the pain of others is not worth risking anything to alleviate.
Sorry, that is just the way it is, and has been, for about fifty thousand years.
Here comes the snark, not against your honored persons—-but against the decadence of humanity, including Swedish ones who lend themselves too readily to these actions degrading all that we nominally stand for as a nation.
What have we done in the months of this chase of Assange?
Did it rest upon the makers of excellent Panama hats to do the duty all nations should have been obliged to do in thankfulness to Julian Assange and the leakers who provided the data? What have WE been doing?
Many will be happy that we appear to agree that Assange has worthy deeds to stand on and that the plot to get him to Sweden is despicable (for purposes of allowing extradition to USA). Thanks to those who outlined this carefully in full (SlingT).
And to all who kept their eyes fixed on the main points instead of the accomplices (Sweden).
I had outlined my own summary some months ago here. (It was a police officer, sometime confidant of the plaintiff, who coached or encouraged her outrage to the point of a police complaint. It was not two of his sex partners who did this final discussion. The other girl is just a cover as diversion from the real cause accdg to Swedish newspapers.)
Enough of the side show. Sweden has rendered services before. Remains the question to see what can be done in form of raising opinion, or…?
I finish with my eternal question: What do we do about it?
Now you have thanks to Assange proof that your government lies to you and other dastardly deeds, what is your move?
@Mike: I don’t know the details of Assange’s personal life, but to me he is performing a great service to all of humankind.
I am not sure either; what I have read is that in Sweden he had sex with two different women at two different times, both times with their consent, but there is some law in Sweden that essentially charges “rape” if consent was obtained under false pretenses (like a promise of fidelity), and when one of the women learned of the other, she complained that Assange had misled her, and I guess seduced her under false pretenses.
I am not a lawyer, that is the gist of an explanation I read elsewhere from a Swedish citizen, and the offense, while labeled a form of “rape,” is more like a misdemeanor, it is not equivalent to forcible rape. Somebody correct me if they know different.
I agree that Assange is a hero, I wouldn’t even be sure the woman complaining isn’t just lying about her tryst with Assange and any assurances he gave her. Perhaps for money or to gain some other reward. Maybe she is being coerced in some way. I am not in the habit of blaming victims, but I also do not doubt the USA employs men and women capable of absolutely anything.
When did America lose all its class?
===========================
circa 1500
None of you folks who read this blog are old enough to remember the events in the United States Embassy in Iran back when a guy name James Carter (who called himself Jimmy) was our President. The students at the time (who are now annoited as Presidents and what not) invaded the U.S. Embassy and took all of our people hostage. There was a lot written back then, by the United States government and the English chimned in, about the sanctity of an Embassy. Perhaps we should review what we said then. I believe I will go to wikipedia and see what I can dig up and bark back to ya later. Carter is still around and perhaps he can get on TV and weigh in. Watch him if he does go on TV– his eyes bug out and he freezes if he hears the words Iran or Embassy or hostages.
If the United States is going to charge Assange with some crime then lets hear it now. My recollection of what he did in Sweden was have sex without a condom with two different hookers. If he did not pay them for the sex its one thing but if he didnt have a condom on, or if some kid put a pin hole in them, then its another matter. I recall that Sweden was a weenie country that sucked up to Hitler in WWII and here they are sucking up to the U.S.
There are morals to this story which are: dont pork a hooker in Sweden without a condom; bomb, bomb, Iran like the song on Saturday Night Live urged 30 years ago, when ya got the excuse; dont trust the Brits when it comes to diplomacy or sanctity of an embassy.
The Ecuadorians are probably surrounding the British Embassy back in their capital as we speak. There are some spies inside which work for an agency called MI6 and if you dont believe that then believe in the tooth fairy.
Mike Spindell
1, August 16, 2012 at 9:41 am
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agreed
about 1000%
[youtube http://www.youtube.com/watch?v=P3YmUx1rM8M&w=560&h=315%5D
the pursuit and harrassment of Assange has already outted the low brow behaviour that is current in politics and elsewhere. The ‘bond’ of ‘trust’ between the wolves and the sheep has been breached and the wolves want to make someone pay for it. Poor outed Queen greedy is screaming “Off with his head” and the King is a Fool. When did America lose all its class?
http://www.youtube.com/watch?v=P3YmUx1rM8M&feature=relmfu
I wish Anon Nurse was around….. She kept up with this in detail….She knew the ins and out of Assanges’ persecutions……..
I’ll add this, if they, the English do invade the embassy…. Is this just the start of tyranny that Jefferson warned about……where will it stop and how will it end….. Would the UNITED be a safety harbor for the war lords…..
Mespo good point….