1) Put 18 May firmly in your diary. The hearing stands adjourned until 18 May. Turn up on 18 May and join the protests there all day – show the world this is a political trial, and we know it. Woolwich Crown Court is walking distance from Plumstead Railway Station in South East London. If you feel able to do so, bring your tent and join the Free Assange Village that sets up on the grass banks around the court – there is loads of available space. But if you can just turn up for the day, that is just as valuable. Protests will roll on every day throughout the hearing which will continue for a minimum of three weeks.
Make all the noise you can at the protests. The prosecution is anxious to portray this as an “ordinary criminal case”. Make sure the world, and the judge, know it is not. There was an attempt by the judge to deflect the communication problems caused by Julian being locked inside a bulletproof glass cage, and blame the distant noise of protestors for that instead. Do not be deflected by this arrant nonsense. Make all the noise you can.
2) Write to your elected representatives. This really does have an impact if done en masse. You can do this whichever country you are in. The key points are these:
– Publishing the truth should not be a crime. Wikileaks exposed war crimes and worldwide corruption by governments.
– The prosecution case rests entirely on the argument that the UK/US Extradition Treaty of 2007 is legally enforceable, but that specifically Clause 4.i of the Treaty forbidding extradition for political offences has no standing in law. This is an absurd argument.
– Ask specifically your elected representative whether they personally believe political offences should be extraditable, and what they believe the impact might be worldwide on political dissidents in exile
– Demand they act on the disgraceful conditions in which Julian is held, including entirely unnecessary strip searches and manacling, lack of access to his legal papers and lack of access to his lawyers. Point out he has not been convicted and that these are incompatible with his status as an innocent remand prisoner. Point out he is being treated as the most violent convicted terrorists are treated, but he is unconvicted and accused of a peaceful political offence.
3) Put in a freedom of information request. I explained at great length why it is impossible that the UK could have ratified the US/UK Extradition Treaty in 2007 if it is indeed, as the prosecution claim, incompatible with the UK Extradition Act of 2003. Please read that again.
If you are in the UK
There must be documentary evidence of all the clearance work around Whitehall that was done to ensure the 2007 Treaty is fully compatible with UK law. I therefore need people to submit Freedom of Information Requests to:
a)Foreign & Commonwealth Office (Specifying Consular Dept, Legal Advisers, North American Dept, Nationality & Treaty Dept, Counter Terrorism Dept or their successors if renamed and any other relevant departments)
Requesting “All materials relating to the ratification and entry into force of the UK/US Extradition Treaty (signed 2003 ratified 2007), and particularly all discussion of the ability of the 2003 Extradition Act to apply all of its provisions, of the need or lack of need for any further statutory provision to incorporate it into English law, including but not exclusively any reference to extradition for political offences or to clause 4 of the UK US Extradition Treaty.” Materials should be requested from 2002 to 2007.
If you are in the USA, please similarly put in a FOIA request to the Department of Justice and State Department for all material relating to the implementation of the UK/US Extradition Treaty (signed 2003, ratified 2007), and particularly any discussion of the political offences exclusion at Clause 4, in particular but not exclusively with relation to the desirability of the UK implementing that clause and/or the UK’s ability to do so.
I realise I am asking for a bit of work here from you to work out how to do and phrase this. I have never been let down when drawing on the tenacity and perspicacity of our readers before!
4) Research the passing of the 2003 Extradition Act.
In Court the prosecution argued that the 2003 Extradition Act was the first such UK Act not to include an exclusion for political offences. Parliament must therefore deliberately have removed the political offences exclusion and the 2007 Treaty could not put it back in. The defence argued to the contrary that the 2003 Extradition Act is an Enabling Act on which extradition treaties depend. Both the Act and the Treaty are required for extradition, and the Act did nothing to limit Treaties from including a ban on extradition for political offences.
As always, Judge Baraitser ignored the defence argument. She three times asserted as a simple matter of fact that Parliament had intended to allow extradition for political offences when passing the 2003 Extradition Act. Twice she did this in interruption of the defence argument to the contrary.
Normally neither arguments about the intention of parliament, nor quotes from Hansard debates, are taken into consideration by English courts. With few exceptions, rulings have been that the legislation must be read on its face. But here, Baraitser has herself quoted the intention of parliament – using that very word – to justify dismissing the defence argument. It must therefore be legitimate to introduce evidence on the intention of parliament, if the judge is going to rely on the concept.
I therefore need people to read through all the Hansards of debates on the 2003 Extradition Act, both in the Commons and the Lords, to see what was said about extradition for political offences, and particular if any distinction was made between terrorists and peaceful political offenders, and whether ministers gave any reassurances. Apart from the debates, there may be parliamentary questions in Hansard on the same topic.
It is of course true that the 2003 Extradition Act was a product of the so-called “War on Terror” and the Iraq and Afghan invasions, passed by Blair, Straw and Blunkett, undoubtedly the most hostile to civil liberty, authoritarian government in modern British history. But even so, I feel fairly confident that to get the Act through the Commons and especially the Lords, ministers will have been obliged to give some reassurance it was not intended to use it against peaceful political dissidents.
I have received quite a clamour from people wanting to know how they can help. Off you go!
This blog will resume its daily coverage of the hearings when proceedings restart on 18 May. On a personal note, my sincere thanks to all those who supported financially. I am happy to report that from the afternoon of Day 3, an accommodation was made by the Court whereby Julian was given six seats in the public gallery for family and close friends, and he kindly listed me for one of those, so I no longer had to queue at 6am, and I hope that will continue.
Finally may I say that I am always delighted when readers, and subscribers, introduce themselves personally. I find it really heartwarming and it certainly helped keep my morale up at a very tiring and emotionally draining time. So please do not feel in the least reticent to say hello if you come along from 18 May.
There was a tremendous camaraderie at the hearing among Julian’s supporters, and I believe I met people from well nigh every country in Europe and the Americas. We kept each other going, and Julian lit up every time he saw friendly faces. It was a very intense week, and even with a wonderful and loving family to go home to, I felt a bit down after we all split up, and everyone who has been back in contact since has said the same thing. I am haunted by the thought of how much more dreadful Julian must feel, back into the bowels of that high tech dungeon and virtual solitary confinement, with very little contact with his legal team or his papers and months to go before anything else happens. Do think of him and pray for him if you have a faith.——————————————
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