As I discussed today on NPR’s Here and Now, the standoff between England and Ecuador is likely to grow worse after the latter country granted asylum to Julian Assange. While the government has threatened to strip the embassy of diplomatic status and grab Assange, it is in my view an empty threat. However, is there a way for Ecuador to get Assange out of the country?
As I discussed earlier, Assange as a reasonable fear of being extradicted to the United States under a sealed indictment for espionage after embarrassing the Obama Administration with Wikileak disclosures. The appearance of the charges in Sweden at the very time that the United States was trying to seize Assange was viewed by many as highly suspicious if not transparent. Assange previously spoke to prosecutors in Stockholm in denying the charges of the two women. Chief Prosecutor Eva Finné notably declared, “I don’t think there is reason to suspect that he has committed rape.” The attorney representing the two women appealed the decision to drop part of the investigation and on September 1, 2010, Swedish Director of Public Prosecution Marianne Ny reopened the case just as the United States was pushing globally for actions against Assange. In the meantime, Minister of Social Affairs Goran Hagglund seems to be striving to deny the appearance of a neutral forum in Sweden — going to Twitter recently to denounce Assange as a “coward”, a “pitiful wretch” and a “scumbag.”
The assumption is that, once in Sweden, the United States would unseal an indictment and seek his extradiction. Given the increased use of secret evidence and military tribunals in the United States, there is an embarrassing fear among many worldwide whether Assange would receive a fair trial in the United States.
The pressure from the United States is likely considerable despite the denials by officials. The British government has invoked the nuclear option by 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.
Assange has indicated that he may make a statement outside of the embassy on Sunday. That could be a fatal mistake if he steps outside of embassy grounds. This is not the time for a stroll if he wanted to stay out of custody. He could make a statement from within the embassy, though that would again raise claims from the British government that the embassy is being used for a non-diplomatic purpose.
So does Ecuador have options? Yes, but they are pretty extreme and will raise some uncertainties.
First, Ecuador could essentially mail Assange home. Under article 27 of the Vienna Convention on Diplomatic Relations, a diplomatic bag or diplomatic pouch is given diplomatic protection in carrying material or communications between a diplomatic mission and its home government or other official organizations. A pouch can be any size including a large container. It was must properly marked and locked. That was the failing in 1984 when Nigeria kidnapped and treated to send a former Nigerian government minister back to Nigeria in a pouch. Since it was not properly marked, the British opened the container and freed the captive minister.
Ecuador previously had problems with such pouches. In January 2012, Italy arrested five people for shipping 40 kilograms of liquid cocaine in a diplomatic pouch from Ecuador. It is not clear how the Italians detected the cocaine or how the pouch was opened.
Another even more radical possibility would be to give Assange Ecuadorian citizenship and then give him diplomatic status under Vienna Convention on Diplomatic Relations (1961). The problem is that such credentials are generally presented and accepted by the host nation. That could be a problem since Assange would legally appear as a diplomat within the country. Normally, once diplomatic status is established, the nation can only expel a diplomat as a persona non grata — something Assange would relish. However, the question is whether England would recognize him as a diplomatic even if Ecuador and Assange were willing to claim his citizenship and status. The assumption is that England would have to approve the diplomatic status to be certain that he could leave the country.
Ecuador could try to send Assange to the airport in an embassy car with a diplomat. That should protect him on the roads to the airport, but simply walking into the airport would be a problem. There is the possibility that he could ride in a car through to Switzerland via the Eurotunnel, but the problem is that the embassy’s car park is separated from the embassy. He needs to get to the car even if the English are willing to respect the status of the vehicle.
The easiest approach is for England to agree to “safe passage” but that would not please the United States or English officials keen on seeing Assange punished for his disclosures.
That brings us back to the pouch and mailing Assange in a nice container with a comfy chair, bar, and of course wi-fi access.
Simple: First, all diplomats leave the Embassy and fly home. Second, after the boys and girls are out of Great Britain, seize the British Embassy in Ecuador and put the diplomatic corps on a ship out in the ocean. Three, demand the release of Assange and when he hits Ecuador airport then release the ship with the Brits. Four, if Assange does not arrive then sink the ship with the Brits.
Yemen, not Yehmen, and in a foreign sovereign country with which the United States is not at war.
Tony C.
I’m sincere when I admire your solution, but unless I am missing something, I still fail to see the international “outrage” you suggest in the event England breaks treaty. Where was the outrage when Obama killied a 16 year old American citizen, or his American father for that matter, in Yehmen with no judicial review of any kind?
The only outrage I heard, was a grudging collective yawn (as I mentioned in the last thread about Assange).
Say something you believe is true about the Yemeni regime and you get put under a FATWAH; say something you believe is true about the Chinese regime and you get put under a ton of earth; say something you believe is true about the…uh oh…
Tony C.
Wow! Let the British violate their treaty and spit on political asylum, and we shall see what diplomatic storm that brings. It would be great drama and I love the vision of a three wheeled taxi carrying a human sized diplomatic pouch invulnerable to all manner of modern technical intrusion.
I was thinking of a catapult and one of those oil rigs just outside of English national waters with it’s own radio station, but that has none of the poetry of a three wheeled taxi.
WOW! The Daily Mail has updated the article I posted above this morning. They have added a LOT of info to it (I love the Daily Mail)!
Here’s a short quote:
Mr Assange will be arrested if he steps foot outside the embassy. He either needs to plot an escape route to Ecuador or hope that negotiations prove successful.
One possible route of a helicopter landing on the roof of the building has been ruled out as Mr Assange would need to use the lift – classed as communal territory – to reach it.
The police are prepared to arrest him even if he leaves while handcuffed to a diplomat.
In the event that Mr Assange makes a dash for freedom, they could become embroiled in clashes with police.
This tense scene raised the prospect that Mr Assange could be smuggled out inside a ‘jiffy bag’, as diplomatic parcels cannot be opened by foreign police.
Read more: http://www.dailymail.co.uk/news/article-2189749/Threadbare-room-inside-Ecuadorian-embassy-Julian-Assange-hiding.html#ixzz23phoCqb3
Get a motorcycle, or a bicycle built for two, the Vienna Convention protects all “means of transportation” from seizure, detention or search. When I was in India a few years ago, the road was choked with three-wheeled taxis, basically motorcycles (or scooters) where the rear wheel is replaced by a geared axle and a two-seat wooden box is mounted on it; the driver (let’s say, a diplomatic courier) sits on the standard scooter seat, and a diplomat and Assange sit in the passenger box. Get one of those things, they are narrow enough to drive through the gate of the Embassy, and as a diplomatic vehicle they are protected.
I feel certain Assange can be transported by diplomatic vehicle to a position where a leased diplomatic helicopter can carry him to international waters where he can land on an Ecuadorian Navy ship. (Ecuador borders the Pacific Ocean, and has a Navy, their military budget is about $2B).
He does not have to touch British Soil at any point in this charade; let Assange be in a bag, marked as a diplomatic pouch, with a diplomat’s hand glued to it at all times. Let some diplomatic assistants lift Assange from the car to a standard hospital gurney and be wheeled to the helicopter. Let Ecuadorian filmographers capture the entire thing on tape. Let the British violate their treaty and spit on political asylum, and we shall see what diplomatic storm that brings.
As a dreamer, a patriot, and an optomist…
Don’t you think the US would gain immensely if it said, “We believe in truth, justice and a renewed American Way?” Imagine the world reaction if we lived up to our national advertising, vis. “A nation of laws, life, liberty and the persuit of happiness.”
Obama could regain the worlds respect and justify his Nobel Prize. He could become an example for good. His government could be a shining example to the world. He could even congratulate Ecuador for showing the world that justice is alive, and we all need to be reminded at times of the way forward.
Oh well I said I was a dreamer.
I see one of the problems here as the US, if it loses a single battle of its campaign of international intimidation, will feel it is losing and can’t control the world. This seems to be the fear and the fault of the present US.
There must be many leaders around the world silently smiling at the US problem. There must be as many shaking their heads at Britains caving to what I assume is US diplomatic bullying.and at the same time wondering what they would do.
Again I propose the question, “What if the US used it wealth and muscle to help feed, clothe, provide shelter, education and medicine to the world?”
Maybe we ought to try it and find out…
Let me heartily thank the Professor for his remarks about our embarrassing social minister Göran Hägglund.
May I disclose that he is party leader of a failing religious party. As such it is given that he regards a
promiscous (in his eyes) young man, and besides that someone who would be glad to reveal Göran’s scumbag affairs dealing in old person’s hopes.
He is the scumbag, etc. In full measure.
Coward and pitiful yourself. Shame.
However that may be the whole affair was arranged by the FBI/CIA jointly as a classic honeypot affair. Both sexual partners not aware of the plot.
Actually, I think this would be a perfect time for Assange to trip the light fantastic over to Ecuador, because I am sure Pres. Obama does not want him to become an election issue.
Rafflaw,
That would be great, but I have serious doubts. There is a large segment of the population that Obama courts by being tough on what the media obediently call American traitors (it’s but a detail to them that Assange is Australian) It’s equally likely that Obama would get a considerable amount of good “tough guy” press out of bringing Julian Assange, the Wikileaks monster to justice
As for the likes of us, what are we going to do, vote for Romney or — horrors –purity? Obama is almost obsessed by whistle blowers and what he perceives as threats to his power to act in total secrecy with utter disregard for the constitution and international law. I don’t think a little negative publicity for a few “f**king retards” will deter him for going after Assange with all the power at his disposal.
Brooklin,
Actually, I think this would be a perfect time for Assange to trip the light fantastic over to Ecuador, because I am sure Pres. Obama does not want him to become an election issue.
All Assange has done, allegedly, is help to expose the crimes, corruption and incompetence of our incompetent, corrupt and criminal rulers in Washington. They are like cockroaches who scamper when the lights are turned on.
If you read Glenn Greenwald’s recent column, “Secrecy Creep,” you can get an understanding of just how sick our rulers are in their hiding from the law and from accountability.
We now live in a sick, surveillance state that totally obliterates our Fourth and Fifth Amendment rights. Why is it that the rulers are allowed to criminally search into our private lives with impunity, but we the people are not allowed to know what exactly our rulers are up to?
Let’s not forget that he has 47 gazillion more little truthies from the truthiness bag that he has not disclosed.
They are in several locations around the world, encripted, waiting for a certain signal from WikiLeaks, to become available to mass media.
I agree with JT:
The reason is that there are many more secrets that will blush them aplenty if they get jiggy with international diplomacy over truth, truthiness, and realities about their sovereign nastiness.
Ever wonder what was in the wikileaks that made the US so mad about? There goes Obama’s “transparency”. We should have lots more wikileaks. The USA is afraid of its own shadow.
There are several interesting articles at wikileaks on twitter. This is an exclusive story for the Herald in AU: “AUSTRALIAN diplomats have no doubt the United States is still gunning for Julian Assange, according to
Foreign Affairs Department documents obtained by The Saturday Age.
The Australian embassy in Washington has been tracking a US espionage investigation targeting the WikiLeaks publisher for more than 18 months.
The declassified diplomatic cables, released under freedom of information laws, show Australia’s diplomatic service takes seriously the likelihood that Assange will eventually be extradited to the US on charges arising from WikiLeaks obtaining leaked US military and diplomatic documents.”
Read more: http://www.smh.com.au/national/us-in-pursuit-of-assange-cables-reveal-20120817-24e8u.html#ixzz23pPj60DT
Meanwhile supporters of Bradley Manning were arrested at Obama’s Oakland campaign HQ. They were demanding Manning’s release and asking Obama to uphold his one time pledge to protect whistleblowers.
This may be a practical misstep by this govt. I’m certain they do not care about law or justice but they may have pushed things too far, even for US powers to contain.
It makes me very sad that things have come to such a pass in this nation. I did not believe it would ever be this bad in my lifetime. We have always done many terrible things but for a while, we seemed to be moving in a better direction. We are now openly recognized as a nation who tortures. We have a president who brags about killing 16 year olds. We are a police state, the rule of law lying in shreds. I do not consent.
It’s hard to see how Assange will get out of the embassy, never mind to Ecuador, unless the US wants him to. Certainly there would be considerable cost to Ecuador in all manner of sanctions, visible and behind the scenes if it attempted such extreme measures as a diplomatic pouch. The cost would go up exponentially if it actually got away with it in such an embarrassing and highly visible move. It’s one thing to cause minor embarrassment to the US through it’s puppet the UK; the US still gets Assange in a very controlled environment (just watch what would happen if Assange were crazy enough to publish secrets or cause other mischief from within the embassy). It’s another matter altogether, to let him escape in a dramatic almost Russian spy novel atmosphere that would be sure to make him the cause célèbre of the decade.
Jonathan,
Do you remember the children’s picture book “Flat Stanley?”
http://browseinside.harpercollinschildrens.com/index.aspx?isbn13=9780060206819
“embarrassing the Obama Administration with Wikileak disclosures”
The embarrassment was to the established way of doing business for those who govern the U.S.eh?
Most certainly it was not limited to Barry, it also applies to the Chimpster.
Perhaps a helicopter might be the transportation vehicle he is seeking, if it could land within the embassy compound.
The British should just give him safe passage. Raiding the embassy would cause them far more damage to their diplomatic missions in other nations who would likely return the favor. The US will protest when this happens, but the US will get over it.
There is a balcony which they said he could make a statement from. This would be a HUGE mistake, cuz you can bet there’d be snipers somewhere, with a fresh Oswald to blame!
http://www.dailymail.co.uk/news/article-2189749/Threadbare-room-inside-Ecuadorian-embassy-Julian-Assange-hiding.html