Assange gets some measure of justice

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The Parliamentary Assembly of the Council of Europe (PACE), Europe’s main human rights body, overwhelmingly adopted a resolution on 2 October formally declaring WikiLeaks founder Julian Assange a political prisoner. The Council of Europe, which represents 64 countries, expressed deep concern over the harsh treatment of Assange, which has had a “chilling effect” on journalists and whistleblowers around the world.

In the resolution, PACE notes that many of the leaked files WikiLeaks published “providing credible evidence of war crimes, human rights violations, and government misconduct.” The revelations also confirmed “the existence of secret prisons, kidnappings and illegal transfers of prisoners by the United States on European territory.”

Under the terms of a plea deal with the U.S. Department of Justice, Assange pleaded guilty on June 25 to one count of conspiracy to obtain documents, writings and notes related to national defense under the U.S. Espionage Act. Without the deal, he faced 175 years in prison on 18 counts in an indictment filed by the Trump administration and prosecuted by the Biden administration, which stemmed from WikiLeaks’ publication of evidence of war crimes committed by the US in Iraq, Afghanistan and Guantanamo Bay. After his plea, Assange was released with credit for the five years he spent in London’s maximum-security Belmarsh prison.

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The day before PACE adopted its resolution, Assange gave powerful testimony before the Council of Europe’s Committee on Legal Affairs and Human Rights. This was his first public statement since his release four months ago after fourteen years of incarceration – nine in the Ecuadorian embassy in London and five in Belmarsh. “Freedom of expression and everything that flows from it is at a dark crossroads,” Assange told lawmakers.

A “chilling effect and a climate of self-censorship”

The resolution says that “the disproportionately serious charges” the US has brought against Assange under the Espionage Act, “which expose him to a risk of de facto life sentence,” together with his conviction “for – what was essentially – the collection and publication of information,” justify classifying him as a political prisoner, according to the definition set out in a 2012 PACE resolution that defines the term defined. Assange’s five-year incarceration in Belmarsh Prison was “disproportionate to the alleged crime.”

The resolution notes that Assange is “the first publisher to be prosecuted under the Espionage Act for leaking classified information obtained from a whistleblower,” and expresses concern about the “chilling effect and a climate of self-censorship for all journalists, editors and others. that raise the alarm on issues essential to the functioning of democratic societies.” The resolution also notes that “collecting information is an essential preparatory step in journalism,” which is protected by the right to freedom of expression guaranteed by the European Court of Human Rights.

Europe’s top human rights body notes that many of the leaked files published by WikiLeaks “provide credible evidence of war crimes, human rights abuses and government misconduct.”

The resolution quotes the conclusion of Nils Melzer, UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, that Assange had been exposed to “increasingly serious forms of cruel, inhuman or degrading treatment or punishment, the cumulative effects of which could can only be described as psychological torture.”

PACE condemns “transnational repression” and is “alarmed by reports that the CIA was discreetly monitoring Mr Assange at the Ecuadorian embassy in London and was reportedly planning to poison or even kill him on British soil.” The CIA has raised the issue of “state secrets” privilege in a civil lawsuit filed by two lawyers and two journalists over that illegal surveillance.

In the US, “the concept of state secrets is used to protect executive officials from criminal prosecution for crimes such as kidnapping and torture, or to prevent victims from seeking compensation,” the resolution said. But “the responsibility of state agents for war crimes or serious human rights violations, such as assassinations, enforced disappearances, torture or kidnappings, is not a secret that must be protected.”

Furthermore, the resolution expresses deep concern that, according to publicly available evidence, no one has been held accountable for the war crimes and human rights violations committed by US state agents, and denounces the ‘culture of impunity’.

“Journalism is not a crime,” Assange said. “It is a pillar of a free and informed society.”

According to the resolution, there is no evidence that anyone has suffered harm WikiLeaks’ publications and “regrets that, despite Mr. Assange’s revelation of thousands of confirmed – previously unreported – deaths by US and coalition forces in Iraq and Afghanistan, he is accused of endangering lives.”

Assange’s testimony

The testimony Assange gave to the committee was moving. “In the end, I chose freedom over attainable justice… Justice is now out of the question for me,” Assange testified. “I’m not free today because the system worked. I am free today after years of incarceration because I pleaded guilty to journalism.” He added: “I have pleaded guilty to seeking information from a source. I pleaded guilty to obtaining information from a source. And I pleaded guilty to informing the public of that information.” His source was whistleblower Chelsea Manning, who provided the documents and reports WikiLeaks. “Journalism is not a crime,” Assange said. “It is a pillar of a free and informed society.”

Assange described the transition from years spent in a maximum security prison to testifying before European parliamentarians as a “profound and surreal shift.” Speaking of his years of isolation in a small cell, he said that “it strips away one’s sense of self, leaving only the raw essence of existence.” Assange said: “I am not yet fully equipped to speak about what I have endured. The brutal struggle to stay alive, both physically and mentally. Nor can I yet speak about the deaths by hanging, murder and medical neglect of my fellow prisoners.”

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Perhaps the most infamous publication of WikiLeaks was the 2007 video “Collateral Murder,” in which a U.S. Army Apache attack helicopter crew targets and kills 12 unarmed civilians in Baghdad, including two Reuters journalists, as well as a man who came to rescue the wounded. The publication of that video “stirred the public debate,” Assange testified. “Now there is live streaming every day of horrors from the wars in Ukraine and the war in Gaza.” He mentioned “hundreds of journalists” who died in those wars.

Assange addressed the danger journalists face, stating: “The criminalization of newsgathering activities is a threat to investigative journalism everywhere. I was formally condemned by a foreign power for requesting, receiving and publishing truthful information about that power.” He noted: “The basic issue is simple. Journalists should not be prosecuted for doing their job.”

Assange predicted in the future “more impunity, more secrecy, more retaliation for truth-telling and more self-censorship.” “Journalists must be activists for the truth,” he said, citing the importance of “journalistic solidarity.”

Because Assange never had the opportunity to litigate the denial of his right to freedom of expression, the Council of Europe resolution is particularly important as he seeks clemency from US President Joe Biden.

Although Assange expected some form of legal harassment as a result WikiLeaks’ publications and was prepared to ‘fight for that’, he said, ‘my naivete was to believe in the law. When push comes to shove, laws are just pieces of paper and can be reinterpreted for political expediency.”

Assange noted that laws are made by the ruling class, which simply reinterprets them when the rules do not serve their purpose. Describing the legal proceedings in his case, Assange noted that “all the judges, whether they ruled in my favor or not, showed extraordinary deference to the United States.”

PACE urges US to investigate war crimes

The resolution calls on the US, Britain, Council of Europe member and observer states and the media to take action to address their concerns.

It calls on the US, an observer state, to reform the Espionage Act of 1917 and to ban journalists, editors and whistleblowers who disclose classified information for the purpose of informing the public of serious crimes, such as torture or murder. close. To obtain a conviction for violating the law, the government must be required to demonstrate a malicious intent to harm national security. It also calls on the US to investigate allegations of war crimes and other human rights abuses exposed by Assange. Wikileaks.

PACE called on Britain to review its extradition laws to rule out extradition for political crimes, and to conduct an independent review of the conditions under which Assange was held in Belmarsh, to see whether this involved torture, or inhumane or degrading treatment or punishment.

Furthermore, the resolution urges the States of the Council of Europe to further enhance their protection for whistleblowers and adopt strict guidelines to prevent governments from classifying documents as defense secrets when this is not justified.

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Finally, the resolution urges the media to establish strict protocols for processing and verifying classified information, to ensure responsible reporting and avoid any risk to national security and the safety of informants and sources.

Although PACE does not have the power to make laws, it can encourage the States of the Council of Europe to take action. Because Assange never had the opportunity to litigate the denial of his right to freedom of expression, the Council of Europe resolution is particularly important as he seeks clemency from US President Joe Biden.

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