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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Richmond is a wake-up call for Labour's Brexit strategy

No one made Labour stand in Richmond Park. 

Oh, Labour Party. There was a way through.

No one made you stand in Richmond Park. You could have "struck a blow against the government", you could have shared the Lib Dem success. Instead, you lost both your dignity and your deposit. And to cap it all (Christian Wolmar, take a bow) you self-nominated for a Nobel Prize for Mansplaining.

It’s like the party strategist is locked in the bowels of HQ, endlessly looping in reverse Olivia Newton John’s "Making a Good Thing Better".

And no one can think that today marks the end of the party’s problems on Brexit.

But the thing is: there’s no need to Labour on. You can fix it.

Set the government some tests. Table some amendments: “The government shall negotiate having regard to…”

  • What would be good for our economy (boost investment, trade and jobs).
  • What would enhance fairness (help individuals and communities who have missed out over the last decades).
  • What would deliver sovereignty (magnify our democratic control over our destiny).
  • What would improve finances (what Brexit makes us better off, individually and collectively). 

And say that, if the government does not meet those tests, the Labour party will not support the Article 50 deal. You’ll take some pain today – but no matter, the general election is not for years. And if the tests are well crafted they will be easy to defend.

Then wait for the negotiations to conclude. If in 2019, Boris Johnson returns bearing cake for all, if the tests are achieved, Labour will, and rightly, support the government’s Brexit deal. There will be no second referendum. And MPs in Leave voting constituencies will bear no Brexit penalty at the polls.

But if he returns with thin gruel? If the economy has tanked, if inflation is rising and living standards have slumped, and the deficit has ballooned – what then? The only winners will be door manufacturers. Across the country they will be hard at work replacing those kicked down at constituency offices by voters demanding a fix. Labour will be joined in rejecting the deal from all across the floor: Labour will have shown the way.

Because the party reads the electorate today as wanting Brexit, it concludes it must deliver it. But, even for those who think a politician’s job is to channel the electorate, this thinking discloses an error in logic. The task is not to read the political dynamic of today. It is to position itself for the dynamic when it matters - at the next general election

And by setting some economic tests for a good Brexit, Labour can buy an option on that for free.

An earlier version of this argument appeared on Jolyon Maugham's blog Waiting For Tax.

Jolyon Maugham is a barrister who advised Ed Miliband on tax policy. He blogs at Waiting for Tax, and writes for the NS on tax and legal issues.