2011-11-25 #WikiLeaks News: Cardin bill would endanger Whistleblowers; UK Parliament Debate on Extradition (summary)
This is a "WikiLeaks News Update", a news update of stories relating directly to WikiLeaks and also freedom of information, transparency, cybersecurity, and freedom of expression.
Summary of UK Parliament debate on abuses of EAW
Various cases where extradition procedures resulted in abuse of Human Rights were debated yesterday, November 24, at Westminster Hall.
Observations were made throughout the debate relating to Julian Assange and WikiLeaks, although his extradition was not one of the central topics. The cases of Gary McKinnon, Babar Ahmad, Deborah Dark and Michael Turner were brought up frequently and the ordeals suffered by these UK citizens exposed in depth. For more information on these cases and other misuses of the European Arrest Warrant please visit Fair Trials International.
Specifically regarding the extradition of Julian Assange, two primary issues were raised:
1) despite facing extradition, Julian Assange has not been charged with a crime (the EAW was therefore incorrectly applied as it was not issued for the purpose of prosecution, but investigation)
2) the European Arrest Warrant for Julian was requested by a private prosecutor who is not an official representative.
Julian Assange’s defense will, on the 5th December, consist essentially of these two points. The High Court of London will then decide whether these arguments are of “general public importance” and based on this decision, whether his appeal against extradition to Sweden will proceed to the Supreme Court as intended.
In several instances, Members of the Parliament were critical of the Scott Baker Review of UK Extradition Arrangements as it disregards evidence that the Extradition Arrest Warrant is being used for investigation rather prosecution and denies EAWs are being used in cases where there is insufficient evidence.
The EAW, Members of the Parliament agreed, ‘blindly assumes fairness in justice systems across Europe’ and can, for lack of strict legislation lead to miscarriage of justice.
It was conceded that the European Arrest Warrant must be reviewed in order to ensure its use for investigation is barred, issued under stricter guidelines as appropriate procedures are more difficult to evaluate in a foreign country with foreign language and foreign jurisdiction, and that the issue of excessive pretrial detention is also a pressing matter.
A requirement that extradition can be refused in case there is insufficient evidence to prosecute a citizen in a foreign country was also suggested.
WikiLeaks itself was mentioned briefly, as a cable on Gordon Brown’s private plea to have Gary McKinnon serve sentence in the UK was brought into discussion.
[Click here if you wish to contribute to the Julian Assange Defence Fund.]
- A proposed update to the Espionage Act, known as the Cardin bill as it was drafted by Senator Benjamin Cardin, would ensure anyone who publishes classified material could be prosecuted criminally, including news organizations:
“The legislation would exempt employees who violate nondisclosure statements if they are acting within federal laws set up to protect whistleblowers. But many experts say those protections are inadequate because they limit whom whistleblowers may approach.
News organizations, for instance, are off-limits.
Cardin declined to speculate on how his legislation, if enacted, would have affected the Drake or WikiLeaks cases. He acknowledged the problem of over-classification but said lawmakers still must take steps to ensure that legitimately secret material is protected.” [via Baltimore Sun]
- Media Lens denounce the omission of a cable published by WikiLeaks on IAEA chief Yukiya Amano from corporate media.
- Julian Assange receives ‘Freedom of Speech’ Award from Spanish independent newspaper La Voz del Occidente.
- Brisbane supports Julian Assange: a rally to demand his protection from extradition to Sweden and subsequently the U.S. took place today. [Image via @Muzzray]
- Occupy London activists and supporters of Bradley Manning confronted US Ambassador Louis Susman with demands for the freedom of Bradley Manning, as the Ambassador attended the annual Thanksgiving service at St Paul’s Cathedral.
A solidarity rally is planned on the day Bradley celebrates his 24th birthday, December 17.
Action Campaigns
WikiLeaks
- If you live in Australia: click here to complain to the ACCC (Australian Competition & Consumer Commission) about the Banking Blockade against WikiLeaks.
Julian Assange
353 days under house arrest without charge.
- Contribute to the Julian Assange Defense Fund.
- Send at least one of the several call to action draft letters addressed to European organizations and Members of the European Parliament requesting action over the unjust treatment of Julian Assange.
Bradley Manning
- Learn how you can attend the Rally, Vigil and March for Bradley Manning scheduled on the first day of his pretrial hearing, December 16 at bradleymanning.org
- And on his 24th birthday, December 17:
write or send small gifts to Bradley Manning, contribute to his defense with a donation or participate in the Global Vigil planned to mark this occasion.
Rudolf Elmer
- Liberté Info started a campaign to make whistleblower Rudolf Elmer’s trial an international issue. The campaign page is constantly updated with new developments on his case. Readers are encouraged to share.
WikiLeaks event calendar
Click to enlarge.
November 28: On the anniversary of Cablegate, a new WikiLeaks online submission system is to be launched.
November 28: Julian Assange and Kristinn Hrafnsson debate the topic The WikiLeaks effect: the rebirth of investigative journalism at the GEN News World Summit (Hong Kong).
November 29: Channel 4 airs new special ‘WikiLeaks: Secrets and Lies’.
December 5: Public hearing at the Royal Courts of Justice (London) to determine whether Julian Assange’s appeal will proceed to the Supreme Court.
December 7: Julian Assange will have spent a year under house arrest without charge.
December 16: A pretrial hearing for Bradley Manning is scheduled to begin at Fort Meade (Maryland) and is expected to last five days. Supporters will gather outside the Court.
December 17: Vigil for Bradley Manning on his 24th Birthday:
Saturday, December 17 · 12:00am - 11:30pm
[For more details, see Vigil for Bradley Manning on his 24th Birthday's facebook page.]
Send small gifts and birthday cards to the following address
Bradley Manning 89289
830 Sabalu Road
Fort Leavenworth, KS 6602