Ecuador's decision to protect Assange in 2012 bloomed into a major international affair. Even though the granting of asylum is a humanitarian act, and the power to do so is enjoyed by all states under international law, both Sweden and the United Kingdom refused to recognize the legitimacy of Ecuador's decision. Ignoring international law, the Cameron government refused to grant Assange safe passage to Ecuador. Instead, Ecuador's embassy was placed under siege and its government abused with a series of ultimatums. When William Hague's Foreign Office threatened to violate the Vienna Convention on Diplomatic Relations, warning that it would remove the diplomatic inviolability of the embassy and send the police in to get Assange, outrage across the world forced the government to back down. During one night, police appeared at the windows of the embassy in an obvious attempt to intimidate Assange and his protectors.
Since then, Julian Assange has been confined to a small room under Ecuador's protection, without sunlight or space to exercise, surrounded by police under orders to arrest him on sight. For three years, Ecuador has made clear to the Swedish prosecutor that Assange is available to be questioned in the London embassy, and for three years she has remained intransigent. In the same period Sweden has questioned forty-four people in the UK in connection with police investigations. Her role, and that of the Swedish state, is demonstrably political; and for Ny, facing retirement in two years, she must "win".
In despair, Assange has challenged the arrest warrant in the Swedish courts. His lawyers have cited rulings by the European Court of Human Rights that he has been under arbitrary, indefinite detention and that he had been a virtual prisoner for longer than any actual prison sentence he might face. The Court of Appeal judge agreed with Assange's lawyers: the prosecutor had indeed breached her duty by keeping the case suspended for years. Another judge issued a rebuke to the prosecutor. And yet she defied the court.
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Last December, Assange took his case to the Swedish Supreme Court, which ordered Marianne Ny's boss – the Prosecutor General of Sweden Anders Perklev – to explain. The next day, Ny announced, without explanation, that she had changed her mind and would now question Assange in London.
In his submission to the Supreme Court, the Prosecutor General made some important concessions: he argued that the coercion of Assange had been "intrusive" and that that the period in the embassy has been a "great strain" on him. He even conceded that if the matter had ever come to prosecution, trial, conviction and serving a sentence in Sweden, Julian Assange would have left Sweden long ago.
In a split decision, one Supreme Court judge argued that the arrest warrant should have been revoked. The majority of the judges ruled that, since the prosecutor had now said she would go to London, Assange's arguments had become "moot". But the Court ruled that it would have found against the prosecutor if she had not suddenly changed her mind. Justice by caprice. Writing in the Swedish press, a former Swedish prosecutor, Rolf Hillegren, accused Ny of losing all impartiality. He described her personal investment in the case as"abnormal" and demanded that she be replaced.
Having said she would go to London in June, Ny did not go, but sent a deputy, knowing that the questioning would not be legal under these circumstances, especially as Sweden had not bothered to get Ecuador's approval for the meeting. At the same time, her office tipped off the Swedish tabloid newspaper Expressen, which sent its London correspondent to wait outside Ecuador's embassy for "news". The news was that Ny was cancelling the appointment and blaming Ecuador for the confusion and by implication an "unco-operative" Assange – when the opposite was true.
As the statute of limitations date approaches – August 20 – another chapter in this hideous story will doubtless unfold, with Marianne Ny pulling yet another rabbit out of her hat and the commissars and prosecutors in Washington the beneficiaries. Perhaps none of this is surprising. In 2008, a war on WikiLeaks and on Julian Assange was foretold in a secret Pentagon document prepared by the "Cyber Counterintelligence Assessments Branch". It described a detailed plan to destroy the feeling of "trust" which is WikiLeaks' "centre of gravity". This would be achieved with threats of "exposure [and] criminal prosecution". Silencing and criminalising such a rare source of truth-telling was the aim, smear the method. While this scandal continues the very notion of justice is diminished, along with the reputation of Sweden, and the shadow of America's menace touches us all.
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