Extradition Part 2 - Bail

INTERLUDE-BAIL APPLICATION 14/12/2010

The principles of bail in both English and Australian law are close. Without looking at bail legislation in the UK (no time sorry) these are most of the factors in NSW Australia that a court will consider in a bail application, with comments as to how they apply, or not,

Firstly there are the presumptions for bail, which have a set of legislated determinants which I won't go into but are an indicator of how a court will ordinarily look on a bail application from the outset. Defence makes submissions on presumptions, prosecutor might have a different view but most often agree on presumption.

OFFENCE: Circumstances of the offence, Strength of prosecution case, Likely penalty on conviction.

Only the strength of the prosecution case is really relevant here and while this is a factor for bail it is not a factor ordinarily for the extradition proper. (Will post on that later, an EU human rights "backdoor" might allow some of it through, per the UK Extradition Act.)

2010-12-13 Julian Assange: Readers' Choice for TIME's Person of the Year 2010

Image

TIME magazine has just closed the Person of the Year readers' poll. Megan Friedman summarized the results: "Readers voted a total of 1,249,425 times, and the favorite was clear. Julian Assange raked in 382,020 votes, giving him an easy first place. He was 148,383 votes over the silver medalist, Recep Tayyip Ergodan, Prime Minister of Turkey."

TIME editors' official choice for Person of the Year will be announced on Wednesday morning on the Today show.

WL Central would like to thank all of you who chose to make a statement by voting for Julian Assange.

2010-12-13 Visa, Mastercard, PostFinance under investigation

The Icelandic Parliamentary General Committee met yesterday to discuss the ban that Visa and Mastercard placed on donations to WikiLeaks, reports The Reykjavik Grapevine. In attendance were representatives of Icelandic electronic payment companies Valitor and Borgun, which work with Visa and Mastercard, The Consumers' Alliance, Amnesty International, and WikiLeaks spokesman Kristinn Hrafnsson, who joined via video link.

Róbert Marshall, the chairman of the committee, said that "People wanted to know on what legal grounds the ban was taken, but no one could answer it. They said this decision was taken by foreign sources." The committee has asked for more information from the companies, to prove that there were legal grounds for such a ban. Marshall added that it was the committee's opinion that Visa and Mastercard's operating licenses be "seriously reviewed," reports The Reykjavik Grapevine.

Datacell, the company handling credit card donations for WikiLeaks, has already declared that it would file legal action against Visa and Mastercard.

PostFinance, the banking arm of the Swiss Post, found itself under investigation as well for potentially breaching secrecy laws by publicly disclosing that it has closed Julian Assange's bank account, reports AFP. "We are investigating if, in relation to the Postfinance press statement, there has been punishable action," Hermann Wenger, examining magistrate of the Bern-Mittelland region, told Sonntags Zeitung.

As previously reported, the Wau Holland Foundation also initiated legal action against PayPal, resulting in PayPal agreeing to release the blocked funds. In an interview with Der Spiegel today, Hendrick Fulda, a board member of the foundation, said that "Every new publication by WikiLeaks has unleashed a wave of support, and donations were never as strong as now. More than €80,000 was contributed in one week via PayPal alone. We will have to see what impact the removal of PayPal has on our incoming funds."

2010-12-13 Danish media group Politiken hosts Cablegate documents

Image

Prominent Danish newspaper Politiken has joined Owni and Libération as one of the major media organizations to officially mirror WikiLeaks. Politiken is mirroring the curently released Cablegate documents here.

In an interesting twist, the Danish Computer World site reports that Politiken's WikiLeaks mirror is currently hosted on Amazon's cloud infrastructure. Per Palmkvist Knudsen, CIO at the JP / Politiken Hus media group, said that there was no political statement behind it, Amazon being selected only on the basis on its service. "Amazon was fast and easy. But I can see that it would be a great story, if we were expelled from Amazon's services again, although that's not our intention," he added "with a wry smile," reports Computer World.

2010-12-13 Australian media figures in support of WikiLeaks

Image

The Walkley Foundation has initiated a letter to Australian Prime Minister Julia Gillard, signed by members of the board, editors of major Australian newspapers and news sites, and news directors of the country's commercial and public broadcasters. The letter reads:

Dear Prime Minister,

STATEMENT FROM AUSTRALIAN NEWSPAPER EDITORS, TELEVISION AND RADIO DIRECTORS AND ONLINE MEDIA EDITORS

The leaking of 250,000 confidential American diplomatic cables is the most astonishing leak of official information in recent history, and its full implications are yet to emerge. But some things are clear. In essence, WikiLeaks, an organisation that aims to expose official secrets, is doing what the media have always done: bringing to light material that governments would prefer to keep secret.

In this case, WikiLeaks, founded by Australian Julian Assange, worked with five major newspapers around the world, which published and analysed the embassy cables. Diplomatic correspondence relating to Australia has begun to be published here.

The volume of the leaks is unprecedented, yet the leaking and publication of diplomatic correspondence is not new. We, as editors and news directors of major media organisations, believe the reaction of the US and Australian governments to date has been deeply troubling. We will strongly resist any attempts to make the publication of these or similar documents illegal. Any such action would impact not only on WikiLeaks, but every media organisation in the world that aims to inform the public about decisions made on their behalf. WikiLeaks, just four years old, is part of the media and deserves our support.

Already, the chairman of the US Senate homeland security committee, Joe Lieberman, is suggesting The New York Times should face investigation for publishing some of the documents. The newspaper told its readers that it had ‘‘taken care to exclude, in its articles and in supplementary material, in print and online, information that would endanger confidential informants or compromise national security.’’ Such an approach is responsible — we do not support the publication of material that threatens national security or anything which would put individual lives in danger. Those judgements are never easy, but there has been no evidence to date that the WikiLeaks material has done either.

There is no evidence, either, that Julian Assange and WikiLeaks have broken any Australian law. The Australian government is investigating whether Mr Assange has committed an offence, and the Prime Minister has condemned WikiLeaks’ actions as ‘‘illegal’’. So far, it has been able to point to no Australian law that has been breached.

To prosecute a media organisation for publishing a leak would be unprecedented in the US, breaching the First Amendment protecting a free press. In Australia, it would seriously curtail Australian media organisations reporting on subjects the government decides are against its interests.

WikiLeaks has no doubt made errors. But many of its revelations have been significant. It has given citizens an insight into US thinking about some of the most complex foreign policy issues of our age, including North Korea, Iran and China.

It is the media’s duty to responsibly report such material if it comes into their possession. To aggressively attempt to shut WikiLeaks down, to threaten to prosecute those who publish official leaks, and to pressure companies to cease doing commercial business with WikiLeaks, is a serious threat to democracy, which relies on a free and fearless press.

2010-12-13 WikiLeaks in today's media: Cablegate coverage

The Guardian: WikiLeaks cables: US keeps Uzbekistan president onside to protect supply line

"The post-Soviet state of Uzbekistan is a nightmarish world of 'rampant corruption', organised crime, forced labour in the cotton fields, and torture, according to the leaked cables.

But the secret dispatches released by WikiLeaks reveal that the US tries to keep President Islam Karimov sweet because he allows a crucial US military supply line to run into Afghanistan, known as the northern distribution network (NDN)."
Read more

Der Spiegel: 'Bridges to Nowhere': America's Unsavory Friends in Central Asia

"The US is anxious to broaden its influence in Central Asia -- and limit that of Russia. The result, however, are questionable alliances with some of the strangest despots in the world.

The secret country assessment from the US Embassy in the Tajikistan capital of Dushanbe, prepared for General David Petraeus on Aug. 7, 2009 ahead of his visit later that month, described a country on the brink of ruin. Tajikistan, a country of 7.3 million people on the northern border of Afghanistan, is a dictatorship ruled by Emomali Rakhmon, a former collective farm boss and notorious drunkard. "Parliament acts as a rubber stamp, barely discussing important legislation such as the national budget," the dispatch noted.

Some of the state's revenues were from criminal sources: "Tajikistan is a major transit corridor for Southwest Asian heroin to Russia and Europe." The country had "chronic problems with Uzbekistan," its neighbor, and the impoverished former Soviet republic faced the prospect of civil war fomented by Islamists in the east of the country."
Read more

Le Monde: Le Pérou face à ses démons : le terrorisme et la corruption (Peru faces its demons: terrorism and corruption)

"A en croire des télégrammes diplomatiques américains obtenus par WikiLeaks et révélés par Le Monde, le Pérou n'arrive pas à conjurer ses vieux démons, le terrorisme et la corruption. La menace représentée par la guérilla maoïste du Sentier lumineux (SL) "a été contenue mais pas éliminée, et elle pourrait s'épanouir à nouveau", estime une note confidentielle de novembre 2009.

Pendant les années 1980 et 1990, le conflit armé interne provoqué par le SL avait fait 70 000 morts. Le principal dirigeant maoïste, Abimael Guzman, est emprisonné depuis 1992. En dépit de bons résultats macro-économiques, les causes sous-jacentes – la pauvreté, la corruption et les inégalités – n'ont pas disparu, reconnaissent les diplomates américains."
Read more

El País: La retirada de Kosovo desató una crisis entre España y EE UU (The withdrawal from Kosovo sparked a crisis between Spain and the U.S.)

"Cuando las relaciones entre España y Estados Unidos parecían recuperadas tras la llegada de Obama a la Casa Blanca, una intempestiva retirada militar, esta vez de Kosovo, provocó la mayor crisis que han vivido los dos países en mucho tiempo. Los primeros resquemores comenzaron cuando Madrid se negó a reconocer la independencia de este territorio, bajo control de la comunidad internacional desde los bombardeos de la OTAN de 1999. Washington no aprobaba pero comprendía la posición española: la independencia en Europa de un territorio por motivos étnicos es un precedente preocupante. Pero, cuando la ministra Carme Chacón anunció el 19 de marzo 2009 la retirada de las tropas españolas sin haber consultado con los aliados, de resquemor se pasó a la crisis. Aunque en público se mantuvieron las formas, los despachos del Departamento de Estado muestran que la procesión iba por dentro: el vicepresidente Joseph Biden reprendió la retirada en su primer encuentro con el presidente Zapatero mientras que Hillary Clinton no dudó en hablar de "irritación" ante el ex ministro Moratinos."
Read more

The Guardian: WikiLeaks cables: MI5 offered files on Finucane killing to inquiry

"MI5 has said that it is prepared to hand over sensitive files on one of the most high-profile murders during the Northern Ireland Troubles carried out by loyalist gunmen working with members of the British security forces.

The offer in the case of the Pat Finucane, the well-known civil rights and defence lawyer murdered in front of his wife and three young children in 1989, is contained in confidential US embassy cables passed to WikiLeaks.

Supporters of Finucane welcomed the revelation of the offer as "highly significant" and believe it could pave the way for a fresh inquiry into the killing that would be acceptable to the family."
Read more

The Guardian: WikiLeaks cables: IRA used Irish boom to turn 'respectable'

"The IRA used the Celtic Tiger economic boom in the Irish Republic to diversify into "more sophisticated business enterprises" by buying up properties in London, Dublin and Spanish resorts, according to leaked US diplomatic cables released by WikiLeaks.

A senior Irish police officer told the American embassy in Dublin that the IRA used the booming Irish economy to move on from 1970s-style racketeering as it turned to "apparently respectable businessmen" to raise funds.

The cables also show that the growth of the Celtic Tiger was so admired in Washington that the US treasury secretary travelled to Dublin in 2004 to discover the "secrets" of Ireland's success.

The IRA's changing business practices are revealed in a cable by Jonathan Benton, the then deputy chief of mission at the American embassy in Dublin, which reported on meetings with senior Irish police officers and senior officials from the department of justice."
Read more

Der Spiegel: 'Boys and Their Toys' The US Befriends Azerbaijan's Corrupt Elite

"Azerbaijan is rife with corruption and comparisons to European feudalism in the Middle Ages are hardly a stretch. But with vast reserves of oil and natural gas at stake, the US is willing to risk the embarrassment that comes with courting the country.[...]

Azerbaijan, which lies in the Caspian basin and has a population of 9 million, is one of the US's strategic energy partners, despite being located within Russia's sphere of influence. The country boasts proven energy reserves of roughly 7 billion barrels of oil and 1.3 trillion cubic meters of natural gas. Millions of barrels of these natural resources flow to the West each year via a pipeline connecting the Azerbaijani capital with Ceyhan, a Turkish port on the Mediterranean Sea.[...]

The American documents leave no doubt that the diplomats know exactly who they are courting. Cables bear titles like 'Who owns what?' in which they provide portraits of the country's most powerful families. 'Observers in Baku often note that today's Azerbaijan is run in a manner similar to the feudalism found in Europe during the Middle Ages,' one such cable reads. 'A handful of well-connected families control certain geographic areas, as well as certain sectors of the economy.'"
Read more

The Guardian: WikiLeaks cables: Russia 'was tracking killers of Alexander Litvinenko but UK warned it off'

"Russia was tracking the assassins of dissident spy Alexander Litvinenko before he was poisoned but was warned off by Britain, which said the situation was "under control", according to claims made in a leaked US diplomatic cable.

The secret memo, recording a 2006 meeting between an ex-CIA bureau chief and a former KGB officer, is set to reignite the diplomatic row surrounding Litvinenko's unsolved murder that year, which many espionage experts have linked directly to the Kremlin."
Read more

El País: Perú pide ayuda a EE UU ante el rebrote de Sendero Luminoso (Peru asks for US help, facing the resurgence of the Shining Path)

"Estados Unidos prestará asistencia militar a Perú para acabar con el terrorismo de Sendero Luminoso, que causó buena parte de los más de 69.000 muertos registrados en las décadas de los ochenta y noventa, según muestran los cables del Departamento de Estado. Esa guerrilla colocó al Estado contra las cuerdas, y ha resurgido en el Alto Huallaga y Valles del Apurímac y Ene, donde cobra peaje al narcotráfico y adoctrina a los empobrecidos habitantes de esas regiones andinas.

El salvajismo de la milicia maoísta fue tan intenso, y los nuevos ataques, tan alarmantes, que la Embajada norteamericana ha pedido a Washington más colaboración con el Ejército peruano y un programa contra las minas detonadas por Sendero Luminoso en las rutas transitadas por el Ejército, según un cable del pasado año. La prioridad del Gobierno es liquidar a Sendero en el Apurímac y para ello firmó un contrato de nueve millones de dólares con un especialista israelí, según otro despacho."
Read more

Le Monde: Washington s'inquiète d’un possible programme nucléaire birman (Washington worried about a possible nuclear programme in Burma)

"Depuis 2002, les diplomates américains en poste à Rangoun reçoivent des indications sur la construction possible d'une installation nucléaire près de Minbu, dans la division de Magway, sur le fleuve Irawaddy. Plusieurs télégrammes diplomatiques, obtenus par WikiLeaks et consultés par Le Monde, font état de témoignages dans ce sens, émanant tantôt d'un homme d'affaires expatrié, tantôt d'un collaborateur birman ayant recueilli les confidences d'un proche.

Il a d'abord été question d'une coopération russe, puis, plus récemment, de la présence de "300 Nord-Coréens" pour participer à cette tâche. Chaque fois, l'ambassade prend les plus grandes précautions en rapportant ces témoignages, précisant qu'elle n'est pas en mesure de les confirmer de manière indépendante, ou que le chiffre de 300 lui paraît excessif."
Read more

The Guardian: WikiLeaks cables paint bleak picture of Tajikistan, central Asia's poorest state

"Tajikistan is losing the battle against the flow of drugs from neighbouring Afghanistan and is characterised by "cronyism and corruption" emanating from the president downwards.

A series of leaked US diplomatic dispatches released by WikiLeaks paint a bleak picture of Central Asia's poorest state. They note that it suffers from 'earthquakes, floods, droughts, locusts and extreme weather' and is situated next to 'obstructive Uzbekistan', 'unstable Afghanistan' and the 'rough, remote' Pamir mountains next to western China.

But Tajikistan's worst obstacle is the country's venal president Emomali Rahmon, diplomats say. A secret cable dated 16 February 2010, from the US embassy in Dushanbe, Tajikistan's capital, describes how Rahmon runs the ex-Soviet republic's economy for his own personal profit: 'From the president down to the policeman on the street, government is characterized by cronyism and corruption.'"
Read more

Le Monde: WikiLeaks: dictatures et mafias d'Asie centrale (Dictatorships and mafias in Central Asia)

"L'Asie centrale: ses ressources naturelles, ses régimes autoritaires, ses aéroports essentiels pour le transit vers l'Afghanistan. Pas évident, pour les Etats-Unis – après étude par Le Monde des télégrammes diplomatiques américains obtenus par WikiLeaks – de défendre ses intérêts nationaux dans cette zone sensible, arrière-cour traditionnelle de la Russie."
Read more

The Guardian: WikiLeaks cables name UK banker as middleman in Kazakh corruption ring

"A British tycoon is identified by US diplomats as the man at the centre of one of America's worst recent corruption scandals, in which large bribes were allegedly handed over in the ex-Soviet state of Kazakhstan.

Robert Kissin, a UK banker and commodity trader, is alleged to be the key middleman who handled a $4m (£2.5m) secret payment.

According to leaked US diplomatic dispatches released by WikiLeaks, the cash was moved through a Barclays bank account set up in London on behalf of an offshore shell company registered in the Isle of Man, where true ownerships are easier to conceal.

The money was designed to help Texas oil services company Baker Hughes make corrupt payments to Kazakh state oil chiefs in return for a lucrative $219m contract, according to the company's subsequent admissions."
Read more

2010-12-13 PEN International statement on WikiLeaks

Image

PEN International, a global writers' organization with special consultative status at UNESCO and the United Nations, has released an official statement on WikiLeaks:

"PEN International champions the essential role played by freedom of expression in healthy societies and the rights of citizens to transparency, information and knowledge.

The Wikileaks issue marks a significant turning point in the evolution of the media and the sometimes conflicting principles of freedom of expression and privacy and security concerns. The culture of increasing secrecy in governments and the rise of new technology will inevitably lead to an increasing number of transparency issues of this sort. PEN International believes it is important to acknowledge that while the leaking of government documents is a crime under U.S laws, the publication of documents by Wikileaks is not a crime. Wikileaks is doing what the media has historically done, the only difference being that the documents have not been edited.

PEN International urges those voicing opinions regarding the Wikileaks debate to adopt a responsible tone, and not to play to the more extreme sections of society. In a world where journalists are regularly physically attacked, imprisoned and killed with impunity, calling for the death of a journalist is irresponsible and deplorable.

PEN International is also concerned by reports that some web sites, fearing repercussions, have stopped carrying Wikileaks, and that individuals, under threat of legal action, have been warned against reading information provided by the organization. PEN International condemns such acts and calls upon corporations and states to avoid breaches of the right to free expression. Governments cannot call for unlimited internet freedom in other parts of the world if they do not respect this freedom themselves.

The Wikileaks matter is a dynamic issue which we shall continue to monitor closely and on which we will refine our position as the situation requires. We welcome this debate and look forward to further discussion with the worldwide PEN membership."
--

(WL Central note: The statement that "the documents have not been edited" is incorrect. All Cablegate documents published by WikiLeaks on its website have been redacted by the media partners. Please see this report by the Associated Press on the redaction process. Please also see our report on the redaction of the Afghanistan and Iraq war logs.)

2010-12-13 New WikiLeaks rallies announced: Sydney, Dublin, Atlanta [Update 1]

New rallies in support of WikiLeaks and Julian Assange have been announced as follows. Please see our Events and protests section for a list of all current rallies.

AUSTRALIA

Sydney: Tuesday, December 14, 5:30pm
Location: Sydney Town Hall
Rally contact: Patrick on 0422 028 113
Event page: http://www.facebook.com/event.php?eid=183019401710397

IRELAND

Dublin: Saturday, December 18, 11:00am - 6:00pm
Location: Central Bank of Ireland, Dame Street, Dublin, Ireland
Directions: Outside the main gates.
Event page: http://www.facebook.com/event.php?eid=151717948209518

UNITED STATES

Atlanta GA: Wednesday, December 15, 5:00pm - 6:30pm
Location: in front of the CNN Center
Directions: Centennial and Marietta St.
Event page: http://www.facebook.com/event.php?eid=182432395101619

2010-12-12 Cablegate: Journalists in defence of WikiLeaks part 11

The Washington Post editorial: Don't charge WikiLeaks

"Such prosecutions are a bad idea. The government has no business indicting someone who is not a spy and who is not legally bound to keep its secrets. Doing so would criminalize the exchange of information and put at risk responsible media organizations that vet and verify material and take seriously the protection of sources and methods when lives or national security are endangered. The Espionage Act is easily abused, as shown by a criminal case that dragged on for years, before being closed last year, of two lobbyists for the American Israel Public Affairs Committee who did nothing more than pass along to colleagues and a reporter information they gleaned from conversations with U.S. officials. The act should be scrapped or tightened, not given new and dangerous life."
Read more

Sydney Morning Herald editorial: Julian Assange and the public's right to know

"Men such as Ellsberg and Assange, who are prepared to face the consequences of revealing information authorities would prefer to hide, help keep our system of government healthy and strong. Unfortunately, those in power tend to take a different view. The 250,000 confidential American diplomatic cables are the latest documents published by WikiLeaks. Previous documents on WikiLeaks have exposed how the wars in Afghanistan and Iraq have been fought. These leaks have been embarrassing to the governments involved - particularly the US government.[...]

2010-12-12 Further WikiLeaks support rallies announced

New rallies in support of WikiLeaks and Julian Assange have been announced as follows. Please see our Events and protests section for a list of all current rallies.

GERMANY

Berlin: Thursday, December 16th, 7:00pm
Location: Technical University Berlin, Room EB 407 (Erweiterungsbau),
Straße des 17. Juni 145, 10623 Berlin
Event page: http://wsws.org/de/2010/dez2010/meet-d10.shtml

UNITED KINGDOM

Manchester: Wednesday, December 15, 3:00pm - 5:00pm
Location: Piccadilly Gardens, M60 1HX
Event page: http://www.facebook.com/event.php?eid=119100648155152

AUSTRALIA

Adelaide: Tuesday, December 14, 4:30pm
Location: Parliament House

[!] EVENT UPDATES

Please note that the date for the Montreal protest has been changed to December 18. Also, the time for the London protest at the Swedish Embassy on December 13 has been changed from 4pm to 2pm.

2010-12-12 Sweden case updates: Key new evidence

In an interview with The Daily Mail, Julian Assange's Swedish lawyer, Björn Hurtig, said that he had seen police documents that prove Mr Assange is innocent, and that the accusers had a "hidden agenda" when they went to the police:

"From what I have read, it is clear that the women are lying and that they had an agenda when they went to the police, which had nothing to do with a crime having taken place. It was, I believe, more about jealousy and disappointment on their part. I can prove that at least one of them had very big expectations for something to happen with Julian."

He has asked for the Swedish prosecutor's permission to disclose the evidence: "If I am able to reveal what I know, everyone will realise this is all a charade," he said. "If I could tell the British courts, I suspect it would make extradition a moot point. But at the moment I'm bound by the rules of the Swedish legal system, which say that the information can only be used as evidence in this country. For me to do otherwise would lead to me being disbarred."

Mr Hurtig added that he was ready to fly to London and present the evidence at the court hearing this Tuesday, if he was given permission. "That said, I’m convinced that as soon as the case is heard in Sweden it will be thrown out," he added.

You can read the full interview here.

Also, please do not miss Australian lawyer Peter Kemp's new post on the Swedish law and its implications in this case: Ignorance of the Law is No Excuse, But...., and part one of his analysis of the extradition case: Extradition Part 1.

Extradition Part 1

This is the first of a series looking into the extradition process by which Sweden is seeking to have Julian Assange extradited from the UK.

While I'm not a European lawyer, our Aussie system has a lot in common with the UK, which is logical since our legal heritage came from the UK.

Here's my take on a preliminary examination of legislation and it's application to the Swedish extradition application.

Firstly, there is the European Arrest Warrant system (EAW) by which signatory parties have a common warrant form in all the different languages which for the purposes of extracting relevant information (and not going through tortuous online translations from Swedish), I shall cite the UK version, but keep in mind it's the UK form designed for UK prosecutors to extradite from other category 1 territories.

That form template is here:

http://www.cps.gov.uk/legal/d_to_g/extradition/annex_b/

Scrolling down we find the following:

Statement

2010-12-14 Melbourne Rally: Defend Julian Assange & WikiLeaks

Date: Tuesday 14 December
Time: 5:30pm - 7pm
Location: State Library, cnr Swanston St & Latrobe St, Melbourne

Message from the organizers:

There is another protest to defend Julian Assange and WikiLeaks to coincide with Julian Assange's next court hearing of his application to be released from detention in Britain on bail.

We need to keep the pressure up and voice our outrage at this assault on freedom of speech and democratic rights.

Details of speakers will follow. http://www.facebook.com/event.php?eid=167587746610490

For more information, please call Colleen on 0449 678 621 or Sue on 0413 377 978.

Ignorance of the Law is No Excuse, But....

IGNORANCE OF THE LAW IS NO EXCUSE, BUT…

A fundamental maxim of western criminal justice systems is that a citizen cannot say “I am excused because I didn’t know the law”.

And that is an interesting concept which has a counter maxim which I’ll get to, in the context of a false analogy which has arisen on the web related to the Swedish prosecution of Julian Assange, which needs addressing:

http://bigthink.com/ideas/25314

"There seems to be a double standard in terms who counts as a “good victim.” Suppose your investment adviser isn’t paying out returns as promised. You don’t want to press charges, you just want your money. So, you go to the prosecutor’s office, the prosecutor hears you out, and she says, “You got mixed up in a Ponzi scheme. That’s fraud. Do you want to press charges?”

Up to this point, you just wanted help to get what’s yours, but now an expert has re-framed your experience in legal terms. Is anyone going to argue that you weren’t really defrauded because you didn’t realize you were a victim until someone explained your rights?"

That is a horrible analogy to time delays in making a complaint of sexual assault.

2010-12-11 [Reminder] Personal Democracy Forum: WikiLeaks symposium today

Image

As previously announced, the Personal Democracy Forum will be hosting an event titled "A Symposium on WikiLeaks and Internet Freedom" today from 10am - 2pm ET in New York City.

You can tune in live to the event via http://personaldemocracy.com/pdfleakslive

The discussion will feature Emily Bell, Esther Dyson, Charles Ferguson, Jeff Jarvis, Arianna Huffington, Gideon Lichfield Rebecca McKinnon, Marc Pesce, Jay Rosen, Carne Ross, Micah L Sifry, Dave Winer and more.

2010-12-11 WikiLeaks in today's media: Cablegate coverage

Der Spiegel: Copenhagen Climate Cables: The US and China Joined Forces Against Europe

"Last year's climate summit in Copenhagen was a political disaster. Leaked US diplomatic cables now show why the summit failed so spectacularly. The dispatches reveal that the US and China, the world's top two polluters, joined forces to stymie every attempt by European nations to reach agreement.[...]

The cooperation began under the last US president, George W. Bush. In 2007 Bush's senior climate negotiator, Harlan Watson, organized a 10-year framework agreement with China on cooperation on energy and the environment. The two countries also agreed to hold a "Strategic and Economic Dialogue" -- backroom talks that neither the Americans nor the Chinese were willing to admit to at first.

Bush's successor, President Barack Obama, and the new secretary of state, Hillary Clinton, continued this dialogue. During Clinton's inaugural visit to China, Beijing agreed to the formation of a "new partnership on energy and climate change," according to a US embassy dispatch dated May 15, 2009. Here too the aim was to ensure the outcome of the climate talks in Copenhagen would be favorable to Washington and Beijing."
Read more

The Guardian: WikiLeaks cables: Vatican refused to engage with child sex abuse inquiry

"The Vatican refused to allow its officials to testify before an Irish commission investigating the clerical abuse of children and was angered when they were summoned from Rome, US embassy cables released by WikiLeaks reveal.

Requests for information from the 2009 Murphy commission into sexual and physical abuse by clergy "offended many in the Vatican" who felt that the Irish government had "failed to respect and protect Vatican sovereignty during the investigations", a cable says."
Read more

The Guardian: WikiLeaks cables: Pope wanted Muslim Turkey kept out of EU

"The pope is responsible for the Vatican's growing hostility towards Turkey joining the EU, previously secret cables sent from the US embassy to the Holy See in Rome claim.

In 2004 Cardinal Ratzinger, the future pope, spoke out against letting a Muslim state join, although at the time the Vatican was formally neutral on the question.

The Vatican's acting foreign minister, Monsignor Pietro Parolin, responded by telling US diplomats that Ratzinger's comments were his own rather than the official Vatican position.

The cable released by WikiLeaks shows that Ratzinger was the leading voice behind the Holy See's unsuccessful drive to secure a reference to Europe's 'Christian roots' in the EU constitution. The US diplomat noted that Ratzinger 'clearly understands that allowing a Muslim country into the EU would further weaken his case for Europe's Christian foundations'."
Read more

Le Monde: Wikileaks : les Américains se demandent où se trouve le cœur du pouvoir en Algérie (Americans ask who holds real power in Algeria)

"Qui détient le pouvoir en Algérie? Les militaires ou les civils? Une poignée de généraux qui ont la haute main sur l'armée et les services de renseignements ou le président de la République élu au suffrage universel, Abdelaziz Bouteflika?

La question continue à diviser les chancelleries étrangères tant le cœur du pouvoir à Alger est impénétrable depuis des décennies. Pour le chef de l'Etat algérien, la réponse est évidente : l'armée algérienne respecte "absolument" l'autorité d'un président qui est un civil et non un militaire. "Ça n'est pas du tout comme en Turquie", assure-t-il lors de sa première entrevue avec le général William Ward, le chef de l'Africom, la structure de commandement américaine pour l'Afrique, en novembre 2009."
Read more

The New York Times: China Resisted U.S. Pressure on Rights of Nobel Winner

"It was just before Christmas 2009, and Ding Xiaowen was not happy. The United States ambassador had just written China’s foreign minister expressing concern for Liu Xiaobo, the Beijing intellectual imprisoned a year earlier for drafting a pro-democracy manifesto. Now Mr. Ding, a deputy in the ministry’s American section, was reading the riot act to an American attaché.

Mr. Ding said he would try to avoid “becoming emotional,” according to a readout on the meeting that was among thousands of leaked State Department cables released this month. Then he said that a “strongly dissatisfied” China firmly opposed the views of the American ambassador, Jon Huntsman, and that Washington must “cease using human rights as an excuse to ‘meddle’ in China’s internal affairs.”"
Read more

The Guardian: WikiLeaks cables: Pfizer 'used dirty tricks to avoid clinical trial payout'

"The world's biggest pharmaceutical company hired investigators to unearth evidence of corruption against the Nigerian attorney general in order to persuade him to drop legal action over a controversial drug trial involving children with meningitis, according to a leaked US embassy cable.

Pfizer was sued by the Nigerian state and federal authorities, who claimed that children were harmed by a new antibiotic, Trovan, during the trial, which took place in the middle of a meningitis epidemic of unprecedented scale in Kano in the north of Nigeria in 1996."
Read more

Der Spiegel: 'No and No Again': The Rocky US Relationship with Little Austria

"Austria may be small, but according to US Embassy dispatches from Vienna, the country causes big headaches in Washington. Not only are Austrian leaders seen as disconnected from international affairs, the country's neutrality means it is willing to do business with America's enemies.

The tone used by the US envoys in their reports to Washington ranges from resigned to openly hostile. Is it possible, they ask in bewilderment, for a tiny Alpine republic only half the size of the US state of Washington to ignore the primary objectives of American foreign policy? It would seem that it is."
Read more

El Pais: EE UU considera Cataluña el "mayor centro mediterráneo del yihadismo" (The US considers Catalonia the "biggest mediterranean center for jihadism")

"La Embajada de EE UU en Madrid cree que Cataluña es el punto más caliente del islamismo radical en España , un escenario que debe vigilar y controlar como puente hacia el Mediterráneo. La fuerte implantación de la comunidad paquistaní y marroquí en Barcelona y la efervescente actividad de islamistas en localidades como Tarragona, Hospitalet, Badalona y Reus preocupan a los servicios de inteligencia estadounidenses que han convertido a esa comunidad en su primer objetivo de investigación. Los documentos secretos del departamento de Estado definen Cataluña como el principal centro mediterráneo de los islamistas."
Read more

Le Monde: Guinée : Comment France et Etats-Unis ont écarté le chef de la junte (Guinea: How France and the US neutralized the chief of the junta)

"L'occasion était trop belle pour neutraliser un chef de l'Etat devenu très embarrassant. Français et Américains cherchaient à écarter le capitaine Moussa Dadis Camara depuis le massacre par des militaires de la garde présidentielle d'au moins 156 opposants à Conakry, en Guinée, le 28 septembre 2009.

Les événements du 3 décembre vont forcer le destin. Ce jour-là, le chef de la junte militaire au pouvoir depuis moins d'un an est victime d'une tentative d'assassinat. Grièvement blessé à la tête, le chef de la junte est envoyé d'urgence vers le Maroc pour y être hospitalisé. Dans la foulée, un diplomate américain en poste à Ouagadougou écrit : "La communauté internationale est d'une façon générale sur la même position. L'absence de Dadis a ouvert une fenêtre d'opportunité pour faciliter une transition démocratique."

"Bien qu'il ait été chassé de la scène violemment plutôt que par des moyens constitutionnels, il serait mieux pour la Guinée qu'il ne rentre pas dans son pays", ajoute l'ambassadrice américaine en poste à Conakry, Patricia Moller, dans un des télégrammes diplomatiques obtenus par WikiLeaks et révélés par Le Monde."
Read more

The Guardian: WikiLeaks cables: Former Croatia PM flees over corruption claims

"The former prime minister who dominated Croatian politics for most of the past decade fled the country today as state prosecutors moved to have him arrested in connection with a major sleaze investigation.

According to cables from the US Zagreb embassy released by WikiLeaks, Ivo Sanader, the centre-right politician who stood down suddenly as prime minister in summer last year, features in several of the corruption cases currently terrorising the Croatian political class.

The country's chief prosecutor told US diplomats in Zagreb this year he had evidence that Sanader had arranged a bank loan for a business crony in return for a kickback."
Read more

Der Spiegel: The Nigeria Report: A Cesspool of Corruption and Crime in the Niger Delta

"The leaked US diplomatic cables reveal just what multinational oil companies are up against in the Niger Delta. Security forces are ineffective and involved in dubious oil deals. The government demands millions in bribes. Even university students have earned pocket money by working as kidnappers.

Bombs used against civilians; millions paid to corrupt officials; and a kidnapping industry that employs students during university vacations: The US diplomatic cables from the Nigerian cities of Abuja and Lagos paint an unusually bleak picture of the situation in the oil-rich Niger Delta. Hardly any of the international oil companies active in the delta publishes production figures, kidnappings and hostage-taking are a daily occurence and the civilian population is suffering -- not least because they too are occasionally targets of the Nigerian Army's special forces."
Read more

The Guardian: WikiLeaks cables: Serbia suspects Russian help for fugitive Ratko Mladić

"Russia may be withholding vital information about the whereabouts of the fugitive Bosnian Serb general and genocide suspect, Ratko Mladić, who faces war crimes charges in The Hague, senior Serbian government officials have privately told American diplomats in Belgrade.

In discussions detailed in a diplomatic cable marked "secret" and sent to Washington by US chargée d'affaires Jennifer Brush in September 2009, Miki [Miodrag] Rakić, chief of staff to the Serbian president, Boris Tadić, tells Brush it remains likely Mladić is hiding somewhere in Serbia.

But Rakić also suggests the fugitive is being assisted by "foreign sources" and hints darkly that Moscow may have better information about Mladić's exact situation than does the Serbian government."
Read more

El Pais: Palomares: 50.000 metros contaminados con plutonio (50,000 sq.meters contaminated with plutonium)

"España y Estados Unidos tienen un problema enquistado desde 1966: el accidente nuclear en Palomares, en el que cuatro bombas atómicas cayeron en la pedanía almeriense. España decidió en 2004 descontaminar la zona e insiste en que EE UU pague parte de la limpieza y se lleve la tierra contaminada con plutonio. Así se lo transmitió el 14 de diciembre de 2009 el entonces ministro de Exteriores, Miguel Ángel Moratinos, a la secretaria de Estado, Hillary Clinton, en Washington. Moratinos reclamó, según un cable confidencial, que Clinton hiciera lo posible "para ayudar desde el punto de vista de la opinión pública española, de la que temió que se volviera en contra de EE UU si se divulgaran los resultados de un reciente estudio sobre la contaminación". Clinton no contestó. El estudio, a cuyas conclusiones ha tenido acceso EL PAÍS pero que no ha sido hecho público, concluye que en Palomares queda medio kilo de plutonio que ha contaminado unos 50.000 metros cúbicos de tierra -el volumen de 27 piscinas olímpicas-."
Read more

The Guardian: WikiLeaks cables cast Hosni Mubarak as Egypt's ruler for life

"Hosni Mubarak, Egypt's long-serving president, is likely to seek re-election next year and will "inevitably" win a poll that will not be free and fair, the US ambassador to Cairo, Margaret Scobey, predicted in a secret cable to Hillary Clinton last year.

Scobey discussed Mubarak's quasi-dictatorial leadership style since he took power in 1981; his critical views of George Bush and American policy in the Middle East; and the highly uncertain prospects for a succession."
Read more

2010-12-11 Sydney, Melbourne, Brisbane rally reports

Image

Yesterday's Australian rallies saw thousands of people take to the streets in support of Julian Assange and WikiLeaks.

Some 1,500 participants attended the Sydney rally at Town Hall. "Julian Assange is an Australian. That makes me and I'm sure it makes you feel very proud," Greens Senator-elect Lee Rhiannon told the crowd, to loud cheers. Independent journalist Antony Loewenstein also addressed the rally, noting that it was necessary "to say to the Australian government, the Gillard Government ... (their) behaviour in the last two weeks has been utterly outrageous, outrageous," reported Al Jazeera.

Our WLCentral editor Asher Wolf also addressed the rally: "Wikileaks is an important public institution. Without transparency there can be no accountability and without accountability there can be no democracy," she said, quoted by IT News Simon Skew, Pirate Party spokesman, said whistleblowers were essential to democracy: "Public disclosure is in the public interest and it's completely legitimate," reports SBS.

Channel 10 has a video report from the Sydney rally. The Age has another video available online.

2010-12-11 New WikiLeaks support rallies announced

Further rallies in support of Julian Assange and WikiLeaks will take place in The Hague, next Saturday, and Melbourne on Tuesday:

THE NETHERLANDS

Den Haag: Saturday, December 18, 11:00am - 2:00pm
Location: Binnenhof
Event page: http://www.facebook.com/event.php?eid=175978872419936

AUSTRALIA

Melbourne: Tuesday, December 14, 5:30pm - 7:00pm
Location: State Library
Event page: http://www.facebook.com/event.php?eid=167587746610490

Please be reminded that there are upcoming rallies scheduled as follows:

December 11 (Sat): London, Hamburg, Lisbon, New York, Amsterdam, Madrid, A Coruña, Barcelona, Sevilla, Valencia, Zaragoza, Buenos Aires, Lima, Ciudad de México, São Paulo

December 12 (Sun): Adelaide, Montreal

December 13 (Mon): London, Minneapolis, Miami

December 14 (Tue): London, Melbourne

December 16 (Thu): Washington, Canberra, San Jose

December 18 (Sat): The Hague, Olympia

Please see the events list for further dates and rally details.

2010-12-10 Libération hosts WikiLeaks mirror: Statement

Image

Prominent French newspaper Libération is now hosting a WikiLeaks mirror at http://wikileaks.liberation.fr . Please find below a translation of the media group's statement:

"We have chosen to help prevent the asphyxiation of WikiLeaks at a time when governments and companies try to block its operation without even a legal order. Like thousands of other sites, Libération.fr decided to participate in the support movement that is being put into place on the internet, replicating WikiLeaks content fully. These sites, called mirrors, can be hosted by anyone who has server space available. This is what we did, in order to prevent the disappearance from the public record of WikiLeaks documents selected with partner media organizations. We have therefore opened this site: wikileaks.liberation.fr"

2010-12-10 WikiLeaks and the Espionage Act, part 2 [Update 1]

(Part one of this series is available here. Please also see WikiLeaks v. United States: The Pentagon Papers redux?)

Today, Jennifer Robinson, one of the lawyers for Julian Assange, told The Guardian that the US government may be about to press charges against Julian Assange under the Espionage Act. She said that the legal team had heard from "several different US lawyers rumours that an indictment was on its way or had happened already, but we don't know". Ms Robinson told ABC News that "Our position of course is that we don't believe it (the Espionage Act) applies to Mr. Assange and that in any event he's entitled to First Amendment protection as publisher of Wikileaks and any prosecution under the Espionage Act would in my view be unconstitutional and puts at risk all media organizations in the U.S."

Rumours about the possibility of Julian Assange having been indicted by a grand jury, whose proceedings are secret, have been circulating for a while. The Christian Science Monitor had a few days ago quoted Stephen Vladeck, an expert in national security law at American University, who said that an empaneled grand jury could have already been considering the case. "We wouldn’t know what they’re doing until the whole thing is concluded," he said. The Monitor also quoted CNN legal expert Jeffrey Toobin, who said "I would not be at all surprised if there was a sealed arrest warrant currently in existence."

Theme by Danetsoft and Danang Probo Sayekti inspired by Maksimer