The real reason Julian Assange sought asylum

The WikiLeaks chief fears he could face the death penalty in the US for treason.

WikiLeaks is well-known for dropping surprises. But when the whistleblower organisation posted a tweet yesterday afternoon saying “stand by for an extraordinary announcement,” it is doubtful even one of its 1.5 million followers could have predicted what was coming.

Four hours and forty minutes later WikiLeaks dramatically announced that its editor-and-chief, Julian Assange, was at the Ecuadorian embassy in central London where he had made a request for political asylum. Ecuador’s foreign affairs ministry issued a confirmation, saying it was evaluating Assange’s request. Meanwhile it looked like the country’s foreign minister, Ricardo Patiño Aroca, had already made up his mind as he took to Twitter, posting a series appearing to back the 40-year-old Australian. “We are ready to defend principles, not narrow interests,” he wrote.

Why did Assange take such a drastic course of action? Last week Supreme Court judges ruled he would have to be extradited to Sweden to be questioned over sexual misconduct accusations made against him there in 2010. He has been fighting the extradition for more than eighteen months, principally because he believes that if he is sent to Sweden, he could be held incommunicado and then be ultimately handed over to authorities in the United States, where a Grand Jury is actively investigating him over WikiLeaks’ publication of classified US government documents.

In a statement, Assange said that he was in a “state of helplessness” and felt abandoned by the Australian government, who had failed to intervene in his case. He added that he had been attacked openly by top politicians in Sweden and feared he could eventually face the death penalty in the US for the crimes of treason and espionage.

The timing was unexpected, because the WikiLeaks founder still had the option of asking the European Court of Human Rights to hear an appeal. But in some ways seeking refuge at the Ecuadorian embassy was an obvious choice. Assange interviewed the country’s president, Rafael Correa, recently for his television show, and the two men had a rapport (“WikiLeaks has strengthened us,” Correa beamed). Ecuador previously offered Assange a safe haven in 2010, just a few months before it expelled the US ambassador following WikiLeaks revelations. (It is worth noting, however, the country is not exactly aligned with WikiLeaks ideologically: it has a record on free speech that Human Rights Watch says is the poorest in the region after Cuba.)

Assange will not have taken the decision to ask for asylum lightly. It is a huge step borne out of clear desperation, with massive ramifications to boot. For eighteen months he has been obediently adhering to strict bail conditions – subjected to a curfew forcing him to stay a registered address between the hours of 10pm and 7am, an electronic tag strapped around his ankle that can track his movements. Now Assange is in breach of those conditions and, as a result, the thousands of pounds supporters pledged to secure his release from jail in 2010 may be forfeited.

Police will be actively seeking his arrest – though are currently powerless to do so, as under the terms of the Vienna Convention on Diplomatic Relations an embassy is considered “inviolable.” That means UK authorities are not allowed to enter “except with the consent of the head of the mission.” Assange should therefore be safe so long as he is within the confines of the embassy. If he tries to leave, however, he could find himself in trouble.

Historically, people who have sought refuge in embassies have met different fates. Dissident Chinese lawyer Chen Guangcheng recently fled to the US embassy in Beijing China and negotiated a quick and safe passage out of the country on a flight to New York. But others have not been so lucky. In 1956 a leader of the Hungarian uprising, wanted by Soviet authorities, took refuge at the US embassy in Budapest and ended up spending the next 15 years inside its compound, watched by police around the clock.

For Assange, a man haunted by fears of solitary confinement and a draconian US prosecution, 15 years inside an embassy compound may sound like a preferable option.

The embassy of Ecuador in London where WikiLeaks editor Julian Assange is claiming political asylum. Photograph: Getty Images.
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Why Barack Obama was right to release Chelsea Manning

A Presidential act of mercy is good for Manning, but also for the US.

In early 2010, a young US military intelligence analyst on an army base near Baghdad slipped a Lady Gaga CD into a computer and sang along to the music. In fact, the soldier's apparently upbeat mood hid two facts. 

First, the soldier later known as Chelsea Manning was completely alienated from army culture, and the callous way she believed it treated civilians in Iraq. And second, she was quietly erasing the music on her CDs and replacing it with files holding explosive military data, which she would release to the world via Wikileaks. 

To some, Manning is a free speech hero. To others, she is a traitor. President Barack Obama’s decision to commute her 35-year sentence before leaving office has been blasted as “outrageous” by leading Republican Paul Ryan. Other Republican critics argue Obama is rewarding an act that endangered the lives of soldiers and intelligence operatives while giving ammunition to Russia. 

They have a point. Liberals banging the drum against Russia’s leak offensive during the US election cannot simultaneously argue leaks are inherently good. 

But even if you think Manning was deeply misguided in her use of Lady Gaga CDs, there are strong reasons why we should celebrate her release. 

1. She was not judged on the public interest

Manning was motivated by what she believed to be human rights abuses in Iraq, but her public interest defence has never been tested. 

The leaks were undoubtedly of public interest. As Manning said in the podcast she recorded with Amnesty International: “When we made mistakes, planning operations, innocent people died.” 

Thanks to Manning’s leak, we also know about the Vatican hiding sex abuse scandals in Ireland, plus the UK promising to protect US interests during the Chilcot Inquiry. 

In countries such as Germany, Canada and Denmark, whistle blowers in sensitive areas can use a public interest defence. In the US, however, such a defence does not exist – meaning it is impossible for Manning to legally argue her actions were in the public good. 

2. She was deemed worse than rapists and murderers

Her sentence was out of proportion to her crime. Compare her 35-year sentence to that received by William Millay, a young police officer, also in 2013. Caught in the act of trying to sell classified documents to someone he believed was a Russian intelligence officer, he was given 16 years

According to Amnesty International: “Manning’s sentence was much longer than other members of the military convicted of charges such as murder, rape and war crimes, as well as any others who were convicted of leaking classified materials to the public.”

3. Her time in jail was particularly miserable 

Manning’s conditions in jail do nothing to dispel the idea she has been treated extraordinarily harshly. When initially placed in solitary confinement, she needed permission to do anything in her cell, even walking around to exercise. 

When she requested treatment for her gender dysphoria, the military prison’s initial response was a blanket refusal – despite the fact many civilian prisons accept the idea that trans inmates are entitled to hormones. Manning has attempted suicide several times. She finally received permission to receive gender transition surgery in 2016 after a hunger strike

4. Julian Assange can stop acting like a martyr

Internationally, Manning’s continued incarceration was likely to do more harm than good. She has said she is sorry “for hurting the US”. Her worldwide following has turned her into an icon of US hypocrisy on free speech.

Then there's the fact Wikileaks said its founder Julian Assange would agree to be extradited to the US if Manning was released. Now that Manning is months away from freedom, his excuses for staying in the Equadorian London Embassy to avoid Swedish rape allegations are somewhat feebler.  

As for the President - under whose watch Manning was prosecuted - he may be leaving his office with his legacy in peril, but with one stroke of his pen, he has changed a life. Manning, now 29, could have expected to leave prison in her late 50s. Instead, she'll be free before her 30th birthday. And perhaps the Equadorian ambassador will finally get his room back. 

 

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.