Julian Assange’s extradition appeal hangs in the balance as UK court seeks US “assurances”

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Original article by Tanupriya Singh republished from peoples dispatch under a Creative Commons Attribution-ShareAlike 4.0 (CC BY-SA) license.

Protesters gathered outside the Royal Courts of Justice in London on Tuesday. Photo: Free Assange UK Campaign/X

The UK High Court has granted WikiLeaks founder Julian Assange provisional permission to appeal his extradition to the US, on grounds including the risk of the death penalty.

The UK High Court has granted provisional permission to journalist and WikiLeaks founder Julian Assange to appeal his extradition to the US. The ruling was handed down by judges Dame Victoria Sharp and Justice Jeremy Johnson in London on March 26, as supporters of Assange gathered outside the court to demand his freedom.

The US has sought to extradite Assange to prosecute him on 18 charges, 17 of which are under the draconian Espionage Act, for the publication of classified documents on WikiLeaks exposing war crimes and human rights abuses committed by US forces, including in Iraq and Afghanistan.

The extradition was approved by the UK Home Office in 2022, protracting an already difficult legal battle for the imprisoned journalist. Assange has been held at the Belmarsh high security prison for five years without a trial or conviction.

In its decision, the Court has granted Assange permission to appeal against his extradition, with the matter adjourned till May 20. However, the appeal will proceed only if the US and the UK are unable to provide the Court with assurances regarding Assange’s treatment following an extradition.

The US and the UK have until April 16 to file these assurances. This will also pave the way for further submissions to be made before a final decision is reached.

In the meantime, the temporary permission to appeal has been granted on three out of nine grounds including: a) that extradition may be “incompatible with the right of freedom of expression” under the European Convention on Human Rights; and b) that the applicant (Assange) might be “prejudiced on grounds of nationality” which is related to whether or not he will be protected under the First Amendment of the US Constitution given that Assange is not a citizen.

The third ground of appeal upheld by the Court for now is “inadequate speciality protection/death penalty protection”, which bars extradition under the UK’s 2003 Extradition Act.

In the application, Assange’s legal team noted that despite the fact that none of the charges leveled by the US as part of the extradition request carry the death penalty, the accusations made against him could lead to additional charges of aiding and abetting treason, which would be capital offenses.

They further highlighted statements made by US officials, including by Donald Trump, former president and potential Republican candidate for the upcoming US election, calling for the death penalty for Assange.

During the two-day “permission hearing” held in February ahead of the March 26 decision, the US prosecution admitted that there were no assurances that Assange would not be handed the death penalty.

Read more: US obfuscates and misrepresents on second day of Assange hearings

The US now has three weeks to provide the Court with “satisfactory assurances” that Assange will be permitted to rely on the First Amendment (protecting free speech), that he will not be prejudiced at trial (including sentence) because of nationality (his status as non- US citizen), that he will be afford the same protections under the First Amendment as a US citizen, and that the death penalty will not be imposed.

This is not the first time that such proposals have been made in Assange’s case. In fact, despite a lower court acknowledging Assange’s risk of suicide in 2021, his extradition was approved based on “diplomatic assurances” given by the US.

These included that Assange would not be subject to brutal Special Administrative Measures (SAMs), that he would not be kept at the ADX Florence maximum security prison, and that he could serve a custodial sentence in Australia, his country of origin. However, these protections would not apply if Assange was deemed to have committed a “future act” that could necessitate SAMs.

The entirely unilateral nature of these assurances raised alarm, especially given that these actions would be at the discretion of US prison authorities and not subject to judicial review.

“The UK remains intent on extraditing Assange despite the grave risk that he will be subjected to torture or ill-treatment in the US,” Simon Crowther, Legal Adviser at Amnesty International, said in response to Tuesday’s ruling.

“While the US has allegedly assured the UK that it will not violate Assange’s rights, we know from past cases that such ‘guarantees’ are deeply flawed — and the diplomatic assurances so far in the Assange case are riddled with loopholes.”

Meanwhile, the Court dismissed critical grounds for appeal raised by Assange’s team, in particular that the extradition was for a political offense, and as such prohibited under the UK-US Extradition Treaty. Assange’s lawyers had argued in February that espionage was universally accepted as a political offense, given that it was an offense directed at the state.

“These were the most important revelations of criminal US state behavior in history,” Assange’s lawyer, Mark Summers, had told the Court regarding the materials published by WikiLeaks. This included the “Collateral Murder Video” in which a US Army Apache helicopter had killed 11 unarmed civilians in Baghdad in 2007.

Read more: Assange’s Last Stand

Addressing the press outside the court, Assange’s wife, Stella, stated that the decision was “astounding”. She pointed out that though the Court had recognized the violation of Julian Assange’s rights, “what the Courts have done have done [is] to invite a political intervention from the United States to send a letter saying ‘it’s all okay’. Five years into this case, the US has managed to show the Court that their case remains an attack on press freedom, an attack on Julian’s life.”

“What the Courts have not agreed to look at is the evidence that the US has plotted to assassinate Julian, to kidnap him, because if it acknowledged that then of course he cannot be sent to the US.”

The Court astonishingly justified its refusal to admit this new evidence, of a plot by the US’ Central Intelligence Agency (CIA) to kidnap and assassinate Assange, stating that “on the face of the allegations…the contemplation of extreme measures against the applicant (whether poisoning for example or rendition) were a response to the fear that the applicant might flee to Russia”.

“The rationale for such conduct is removed if the applicant is extradited. Extradition would result in him being lawfully in the custody of the US authorities, and the reasons (if they can be called that) for rendition or kidnap or assassination then fall away”.

Meanwhile, Assange’s brother, Gabriel Shipton, reiterated that the fact that the Court had sought political assurances from the US revealed the political nature of the case itself.

Stella Assange added, “Julian is a political prisoner, he is a journalist, and he is being persecuted because he exposed the true cost of war in human lives. This case is a retribution, it is a signal to all of you, that if you expose the interests that are driving war they will come after you, they will put you in prison and they will try to kill you.”

“The Biden administration should not issue assurances, they should drop this shameful case that should have never been brought,” she said, calling people to pressure the US government and to support House Resolution 934.

The text, which is in the US Congress, states that “regular journalistic activities, including the obtainment and publication of information, are protected under the First Amendment and that the federal government should drop all charges against and attempts to extradite Julian Assange.”

“If Julian goes down for this, every serious journalist around the world is going to be slightly more cautious about exposing war crimes, corporate greed…We need the maximum pressure all across the US on the Biden administration, on the candidates in the forthcoming election, to say ‘Drop the charges against Julian Assange,’” MP and former Labor Party leader Jeremy Corbyn told Democracy Now.

If the UK High Court does not grant Assange the permission to appeal, he will have exhausted his options within the country’s legal system, and will have to approach the European Court of Human Rights (ECHR), immediately seeking an interim measure against the extradition under Rule 39 (“risk of irreparable harm”) pending a full hearing of the case. The ECHR’s verdict will be binding on the UK.

Original article by Tanupriya Singh republished from peoples dispatch under a Creative Commons Attribution-ShareAlike 4.0 (CC BY-SA) license.

Continue ReadingJulian Assange’s extradition appeal hangs in the balance as UK court seeks US “assurances”

How the UK government rebranded protest as extremism

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Original article by Anita Mureithi republished from OpenDemocracy under a Creative Commons Attribution-NonCommercial 4.0 International licence.

Rishi Sunak used his first speech outside 10 Downing Street to say “hateful” groups had “hijacked” the streets in recent months, in reference to pro-Palestine marches | Carl Court/Getty Images

Daughter of terror attack victim Makram Ali says politicians are ‘fuelling fire’ by equating Muslims with extremism

James Eastwood and his union colleagues got to their office one Tuesday afternoon to find that someone had broken in. The intruder hadn’t taken personal valuables or expensive equipment: all they had done was pull down the pro-Palestine posters in the window.

The break-in didn’t come as a huge shock to Eastwood, co-chair of the University and College Union (UCU) branch at Queen Mary University in east London. A day earlier, uni bosses had called him asking for access to the office so they could remove the posters, one of which had a Palestinian flag on it, and another of which read: “From the river to the sea, Palestine will be free.” Eastwood had agreed, requesting only that he be allowed to make the case before any action was taken.

The university was unwilling to wait, and forced the lock the next day. But Eastwood lays the blame beyond the office of the president and principal, Colin Bailey, who last year took home nearly £359,000. Instead, he holds the government responsible, feeling ministers have decided that “it’s not OK to be in solidarity with Palestine”. The university admits it took the posters down, telling openDemocracy that “such permanent displays… can stifle freedom of speech and make members of our community feel unsafe”.

Communities secretary Michael Gove is this week expected to widen the government’s definition of extremism to include “promotion or advancement of ideology based on hatred, intolerance or violence or undermining or overturning the rights or freedoms of others, or of undermining democracy itself”.

This might sound reasonable in isolation. But Gove’s intervention is the culmination of a months-long campaign by Tory politicians to paint pro-Palestine protesters as extremists.

Ahead of a march on 11 November, then home secretary Suella Braverman called the demonstrations “hate marches” and suggested the sanctity of Armistice Day was under threat. This led hundreds of far-right thugs – more than 90 of whom were arrested – to gather in Whitehall to “protect” the cenotaph from a march for Palestine that was taking place in another part of the city.

The posters were displayed on the windows of UCU’s office at Queen Mary University of London | James Eastwood

Emboldened by this narrative, former deputy Tory Party chair Lee Anderson last month claimed “Islamists” had “got control” of Sadiq Khan, London’s first Muslim mayor. He later doubled down and refused to apologise, after which he was suspended for conflating “all Muslims with Islamist extremism”. The prime minister described Anderson’s comments as “wrong” but avoided calling them Islamophobic.

This rhetoric, which also included false claims from MPs that there were “no-go” Muslim-majority areas in Birmingham and east London, climaxed in a hastily-arranged, Friday night speech from Sunak outside 10 Downing Street at the beginning of March. This was a significant intervention – it was the first time he had addressed the nation in this way since becoming PM 18 months ago.

He warned that “extremists” were “spewing hate” and “hijacking” protests. He also called on protesters “to stand together to combat the forces of division and beat this poison”.

Campaigners believe the new definition of “extremism” will in practice mean public authorities being forced to cut links with a widening circle of proscribed pro-Palestine groups. Even three former Tory home secretaries said yesterday the politicisation of extremism had gone too far.

Eastwood said the mood music from the government “filters down and creates a climate where organisations including universities feel pressure to show that they’re doing something”.

“You see a reproduction of some of the government lines on what’s acceptable speech, what’s offensive speech, what speech is to be allowed or not allowed,” he added.

Fuelling the fire

On 18 June 2017, Darren Osborne drove a van from Cardiff to London with plans to attack a pro-Palestinian march. A jury would go on to hear he had wanted to kill then Labour leader Jeremy Corbyn, as well as Sadiq Khan.

Osborne, 48, had viewed posts on social media by former English Defence League leader Stephen Yaxley-Lennon (also known as Tommy Robinson) and Britain First before driving his van directly into a crowd of people leaving the Muslim Welfare House in Finsbury Park – Corbyn’s constituency – following evening Ramadan prayers. He killed 51-year-old Makram Ali and injured 12 others.

As he tried to escape, he is reported to have said: “I want to kill more Muslims.”

Ali’s daughter, Ruzina Akhtar, says politicians’ attempts to equate Islam with extremism are “fuelling the fire” and “inciting more hatred” towards Muslims.

“Every day, that’s going into someone’s ears who doesn’t have positive feelings towards Muslims,” she told openDemocracy. “It only takes one comment, or one thing to push someone over the edge. It’s not just actions – words speak loudly as well. Politicians need to be really careful with what they say and how they say it, because every single word could potentially be a threat to someone’s life.”

While politicians pontificate over definitions, Akhtar warned: “They’re in their own political bubble. They’re not thinking about the wider effect their words could have.

“Instead of inciting hatred, they need to be working together with communities. On the one hand, they’ll talk about how Britain is multicultural and so inclusive, but then they’re putting targets on people’s backs.”

Ruzina Akhtar and her dad, Makram Ali | Ruzina Akhtar

Akhtar will be easing into yet another Ramadan without her dad today. The one thing she wants people to remember is how dangerous these dehumanising, Islamophobic tropes can be. “Muslims can be targets as well,” she said. “It doesn’t matter who you are. At the end of the day, we’re all human beings.”

Of course, the UK government’s rebranding of pro-Palestine voices and peaceful protesters as extremists is not a new phenomenon.

For years, people who support Palestine vocally and publicly have been targeted under Prevent – the UK government-led counter-terrorism programme, which human rights organisations say is discriminatory and ineffective. In his speech, Sunak doubled down on his support for the programme.

In 2016, Rahmaan Mohammadi – a schoolboy from Luton – was referred to Prevent and questioned by anti-terrorism police for wearing ‘free Palestine’ badges and wristbands to school. He also claimed that he was told to stop talking about Palestine in school.

And openDemocracy revealed in January that more than 100 schoolchildren and university students had experienced “harsh repression and censorship” following the Hamas attacks on Israel on 7 October.

Now, ahead of a general election, Fatima Rajina, an academic specialising in issues on identity, race, British Muslims and postcolonialism, says long-standing Islamophobic and anti-Muslim tropes have been invoked in order to win votes and deflect from government failures.

“It’s stoking fear, because that is what has been done for the last 20-plus years,” she said. “The ‘war on terror’ rhetoric has meant that politicians rely on very well established tropes about Muslims. And they proceed with that because that is what gets into people’s minds.”

War on terror

If you’ve ever been to a march for Palestine you might have watched the prime minister’s Downing Street address and wondered if you were being gaslit. For many, the marches have been largely peaceful, with people of different faiths, backgrounds and ethnicities coming together to call for a ceasefire in Gaza.

openDemocracy recently revealed that, despite attempts by some MPs to form a narrative that the marches amounted to “mass extremism” and were “openly criminal”, only 36 people out of the millions who attended last year had been charged with a crime.

The post 9/11 so-called ‘war on terror’ touched all aspects of day-to-day life for Muslims in the UK, from Prevent referrals to surveillance in mosques and schools, as well as so-called ‘schedule 7’ stops at UK ports and airports and increased use of stop and search.

Rajina says the government relies on convincing people that such measures are for the sake of “safety” and the public good, and calls this framing “very sinister”.

“All of these concerns are packaged into ‘the Muslim is the problem’,” she said. As children starve to death in Gaza, more airtime is given to the concerns of politicians who say they feel threatened by constituents who want the attacks in Palestine to stop.

But the mood music isn’t just coming from the government. Labour politicians including deputy leader Angela Rayner and shadow chancellor Rachel Reeves last month reported feeling “unsafe” and “intimidated” by members of the public protesting the siege on Gaza, while Commons speaker Lindsay Hoyle suggested MPs could be in danger from pro-Palestinian constituents for voting against a ceasefire.

“It’s Muslims who are being targeted as the ones who are causing all this trouble outside MPs’ offices, scaring them,” said Rajina. “And that is because there’s already an established fear. Tapping into that then makes people think: ‘Oh my God, these Muslims don’t know how democracy works’.

“I think this idea of it being a Muslim issue, and framing it in that way, is really and truly about the upcoming election. It is about stoking fear and playing with established fear. It’s also to deflect from the fact that we’re going through a cost of living crisis.”

What’s also clear is that the UK government’s branding of activists and protesters as ‘extremists’ hasn’t been limited to Muslims and pro-Palestine voices.

When Black Lives Matter protests swept through the UK in 2020 following the murder of George Floyd, then prime minister Boris Johnson similarly claimed that anti-racism protests in the UK had been “hijacked by extremists intent on violence”.

And when Extinction Rebellion (XR) gained prominence after its first action in 2018, its activists were labelled as “eco-terrorists”.

The backlash bears the fingerprints of right-wing think tanks. In a 2019 report, influential right-wing think tank Policy Exchange called XR an “extremist group” that wanted to overturn democracy and ran the risk of “[breaking] with organisational discipline and [becoming] violent”. Months later, XR was designated an extremist group by counter-terror police, while openDemocracy revealed in 2022 that a controversial anti-protest law appeared to have come directly from the Policy Exchange report.

Policy Exchange has now turned its attention to pro-Palestinian voices, briefing politicians that academics on the board of equality and diversity at Research England – a government science and research body – had showed “support for radical anti-Israeli views”.

The document appears to have made its way into the hands of cabinet minister Michelle Donelan, who was last week forced to pay damages to one of the academics in question after wrongly accusing her of supporting Hamas. Her £15,000 libel bill is being footed by the taxpayer.

As well as arrests under the Policing Act – and its sequel, the Public Order Act, which also gives police more powers to restrict protests – an increased number of activists with groups such as XR and Just Stop Oil have been referred to the Prevent anti-terror scheme.

Ban

This narrative that activist movements are undemocratic or opposed to British values is underlined by John Woodcock, a peer and former Labour MP who now serves as the government’s adviser on political violence. Woodcock believes a ban on MPs and councillors having contact with groups like Palestine Solidarity Campaign, Extinction Rebellion, and Just Stop Oil, would restore faith in liberal democracy.

But the attempt to turn supposedly ‘ordinary’ Brits against ‘extremist’ protesters has very real human consequences, particularly when layered with Islamophobia and anti-Muslim hate.

As recently as last month, amid a wave of Islamophobic and antisemitic hate crime since October 7, an east London mosque reported its second bomb threat in two months.

And citing experiences of Islamophobia reported by MPs Apsana Begum and Zarah Sultana, Rajina said: “These are prominent and well known public figures here in Britain. So then imagine what it looks like when it trickles down to the ordinary person who is just going about their everyday activities, doing their shopping and catching the train and whatever other mundane activity, and then suddenly they are at the receiving end of Islamophobic abuse.”

The demonisation of protesters has also laid the foundation for violence against peaceful climate activists.

“We’re trying to teach young people to go out there, make sure you’re holding your MP to account… put pressure on councils. And now suddenly, we’re saying: ‘Hold on a second, that’s not the way to do it’. But what are we saying? What sort of citizenship are we looking for? What do you want people to do?”

Original article by Anita Mureithi republished from OpenDemocracy under a Creative Commons Attribution-NonCommercial 4.0 International licence.

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Continue ReadingHow the UK government rebranded protest as extremism

I’m still reeling from Rishi Sunak’s shameless, dangerous speech

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Caroline Lucas

https://www.theguardian.com/commentisfree/2024/mar/03/sunak-speech-protest-tories-friday-no-10-caroline-lucas

Rishi Sunak giving a press conference outside No 10 on 1 March 2024. Photograph: Aaron Chown/PA

The prime minister’s address on Friday was a masterclass in gaslighting and made a new art form of rank hypocrisy

“We must face down the extremists who would tear us apart,” Sunak declared to the country on Friday evening. And perhaps never were truer words spoken – at least not by this morally bankrupt prime minister, who is rapidly proving to be one of the most dangerously irresponsible leaders this country has ever faced.

I am still in disbelief at the sheer chutzpah of Sunak wheeling out the No 10 lectern and calling on the whole nation to tune in to an emergency address. Because what came next was not the announcement of a major natural disaster or attack. It wasn’t, as we saw from other world leaders that day, a condemnation of open gunfire against starving people trying to reach aid trucks in Gaza, or a statement of solidarity with Russian protesters against Putin. It wasn’t even the calling of an election.

Instead, what Britain got was a masterclass in gaslighting. Sunak’s performance made a new art form of rank hypocrisy, as he pretended not to know that the very extremism he criticised was being actively driven by his party and peddled in his speech.

Caroline Lucas Green Party MP for Brighton Pavilion. Official image by David Woolfall Creative Commons Attribution 3.0 Unported license.
Caroline Lucas Green Party MP for Brighton Pavilion. Official image by David Woolfall Creative Commons Attribution 3.0 Unported license.

By choosing to give that inflammatory speech, Sunak has shown that he is prepared to lurch even further to the right in a bid to stop defections to the Reform UK party. The mask has well and truly slipped: this was yet another step in the culture war right from the very top. The hard right of his party will have been overjoyed to see Sunak the strongman, cracking down on dissent, stifling protest and taking aim at immigrants and Muslims.

Ultimately, that speech was a dark moment in British politics. Democracy is indeed under threat from extremists. The problem is, they’re running the government itself – and we need to wake up and stand up to the seriousness of the threat that they pose.

  • Caroline Lucas is the Green MP for Brighton Pavilion

https://www.theguardian.com/commentisfree/2024/mar/03/sunak-speech-protest-tories-friday-no-10-caroline-lucas

Response to Rishi Sunak's extremism speech at Downing Street 1 March 2024. Second version of this image with text slightly altered.
Response to Rishi Sunak’s extremism speech at Downing Street 1 March 2024. Second version of this image with text slightly altered.

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Continue ReadingI’m still reeling from Rishi Sunak’s shameless, dangerous speech

Demonising Peaceful Protest Demonstrates the Level of Political and Moral Bankruptcy in Parliament

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https://www.stopwar.org.uk/article/demonising-peaceful-protest-demonstrates-the-level-of-political-and-moral-bankruptcy-in-parliament/

Sir Lindsay Hoyle MP was elected Speaker of the House of Commons in November 2019.

The fact that Westminster is content to play cynical games while Palestinians suffer is beneath contempt writes Lindsey German

The shameful scenes in parliament where Labour manoeuvred to stop a principled motion calling for immediate ceasefire in Gaza are bad enough. But even worse is the justification of many Labour MPs for the coercion of the Speaker: that they were fearful of intimidation and violence from demonstrators over Gaza.

Firstly, this is a lie: the protests that take place at MPs’ offices are overwhelmingly peaceful and no threat to MPs or their staff. They are a longstanding and valid form of expressing disagreement and concern over issues in a democracy. But such is the state of politics in Britain that they are now equated with intimidation of MPs. Perhaps these MPs – highly salaried and privileged in comparison with most of their constituents – should have reflected when they stood for office that being involved in politics of necessity involves disagreement and controversy at certain times.

There is a huge movement in support of the Palestinians across Britain and real anger that politicians have for the most part stood by as we witness a genocide in Gaza. None of these protests would take place if the MPs concerned had taken the very minimal step of backing an immediate ceasefire.

But there is also a second and more important question: why MPs are so self-centred to highlight the minimal inconvenience to them while people are starving in Gaza, while over 12,000 children have been killed and where the population is being ethnically cleansed? And why did the Labour leadership refuse to accept an amendment which talked about the collective punishment of the people of Gaza? The Labour position on Gaza has been a disgrace from the beginning and this is why they are facing a wave of protest.

The fact that they are trying to demonise protestors and to paint them as violent extremists shows their political and moral bankruptcy. The fact that they are content to play their cynical and pathetic games while the Palestinians suffer is beneath contempt.

22 Feb 2024

https://www.stopwar.org.uk/article/demonising-peaceful-protest-demonstrates-the-level-of-political-and-moral-bankruptcy-in-parliament/

Continue ReadingDemonising Peaceful Protest Demonstrates the Level of Political and Moral Bankruptcy in Parliament