My film doesn't "abuse" Julian Assange. But in a story about Wikileaks, facts matter

A response to John Pilger from Alex Gibney, director of "We Steal Secrets: the Story of WikiLeaks".

How sad. John Pilger, who once had a claim to the role of truth-teller, has become a prisoner of his own unquestioning beliefs.

In a recent piece in the New Statesman, he attacked, with undisguised vitriol, my film on WikiLeaks and an essay by my executive producer, Jemima Khan, for “smearing” and “abusing” Julian Assange. He also implied that our motives were dishonest, perhaps because our views differed from his own. I initially thought to ignore Pilger’s fulminations. After all, Jemima’s original essay was articulate and persuasive. But because he assails my film, because his piece is so full of factual errors and because his style is to bully – rather than to persuade – I thought it was important to set the record straight. In a story about WikiLeaks, an organisation that claims to be dedicated to the truth, facts matter. 

The first fact that should be noted is this: John Pilger has not seen my film.

What is criticism without observation? It feels more like religious zealotry than reason. Would Pilger now insist that the proper role of a WikiLeaks supporter is to treat Assange as “the one” who cannot be questioned and to abandon what Assange calls “scientific journalism” in favour of blind faith?

Pilger says I “abuse” Assange. But had he seen my film, he would have witnessed many powerful sequences highlighting Mr Assange’s original idealism and courage. Indeed, I was drawn to this tale because it was a David and Goliath story in which Assange stood up to governments and corporations with a singular determination to use transparency as a weapon to combat mendacity, corruption and crime.

Pilger attacks the title of my film. But he got even that wrong. It is not “WikiLeaks, We Steal Secrets” as Pilger wrote. It is We Steal Secrets: the Story of WikiLeaks. [Note: A few days after the original publication of Pilger’s piece, the New Statesman corrected Mr Pilger’s error.]

Why is the difference important? The made-up Pilger title – which was a better fit for his tendentious argument – implied that the film indicted WikiLeaks for “stealing secrets”. In fact, “we steal secrets” is a quote taken from the film, uttered by the former CIA director Michael Hayden. Thus, the title of the film is intended to be, er . . . ironic. (Would Pilger have thought my title Enron: the Smartest Guys in the Room signalled my admiration for Ken Lay and Jeff Skilling?) Further, the intent was not to single out WikiLeaks but to set the story of WikiLeaks within a context of the way that governments – and now citizens also – steal, or leak, secrets, sometimes for good and sometimes for ill. The film is not just about Assange; it examines many parts of the WikiLeaks saga, including the story of Bradley Manning. Writ large, the film is about the internet itself, and the conflict about what should and what should not be secret in the digital age. 

Now let’s examine Mr Pilger’s claim that Jemima and I misrepresented Sweden’s attempt to hold Mr Assange to account for possible sex crimes. He says the “Swedes have refused all requests for guarantees that he [Assange] will not be despatched in a secret agreement”. Gee, that sounds bad. The Swedes must be up to something.

But if Mr Pilger were to travel to the world of fact for a moment, he might see things differently. No government – including the UK – would selectively undo its laws for a particular individual, even if he is Australian, a former hacker and happens to have white hair. Extradition is a legal matter. Neither Sweden nor the UK would give anyone a guarantee prior to any request. Every request – if made – must be considered on its merits. Extradition is part of the rule of law and, as such, must apply to all individuals, even those who are friends with Mr Pilger. So, yes, the Swedes, up to now, have turned a deaf ear to all inquiries about hypothetical extradition requests.

Mr Pilger goes on to denigrate the possible accusations of sexual misconduct and rape – yes, rape – that are the concern of the Swedish prosecutors. Brushing aside any evidence, Mr Pilger pronounces the sex “consensual”, as if to say “that is that”. He quotes two women – yes, women! As if gender alone is proof of the rectitude of an argument – saying that the Swedes “manipulate rape allegations at will”

What Mr Pilger ignores is that the British courts have upheld the viability of accusations – if proven – as equally serious in the UK or Sweden. From the incomplete record of evidence that is now public, it appears that all of the exchanges between Assange and the two women may not have been so “consensual”. Of particular concern to the Swedish authorities were Assange’s aggressive behaviour and his various refusals to use a condom despite repeated requests by the women.  As a hypothetical matter, this could have resulted in unwanted pregnancy or the transmission of the HIV virus. But don’t take my word for it. The UK courts have concluded that the alleged actions by Assange – if proven – would be a form of rape in the UK or Sweden. He has had three separate hearings in the UK and they have ruled Sweden’s extradition request as legal.

Neither Jemima Khan nor I would argue that Assange, at this moment, is guilty of a crime. Like any individual suspected of wrongdoing, he must be given due process every step of the way. Assange often likes to note that he has not been “charged” and ridicules the Swedes for not agreeing to question him via Skype. But, in fact, Assange is wanted for more than questioning. As the Swedish prosecutor, Marianne Ny, has stated, “The preliminary investigation is at an advanced stage . . . Subject to any matters said by [Assange], which undermine my present view that he should be indicted, an indictment will be lodged with the court [after questioning]. It can therefore be seen that Assange is sought for the purpose of conducting criminal proceedings and that he is not sought merely to assist with our inquiries.”

According to Swedish law, Assange must be present in Sweden for due process to continue. Put another way, in Ny's formulation, he cannot be charged unless he is on Swedish soil. So Assange’s continued assertions that he hasn’t ever been charged have a kind of farcical – or even Orwellian – ring in a Swedish context. So long as he refuses to go to Sweden he likely can never be charged. Hello, Ecuador!

A key point of Jemima Khan’s piece – and a rather small section of my film – is that Julian Assange has undermined his high-minded principles by intentionally seeking to confuse them with his refusal to be held to account for possible sex crimes. Further, he has been silent regarding the vicious online attacks by his supporters on the Swedish women – including posting gun targets on their faces – even as he has been outspoken on the subject of his own persecution. Another fact: his “imprisonment” in the Ecuadorean embassy is self-imposed. There is no proof of a secret agreement between the US and Sweden to airlift Assange to Guantanamo (as one of his lawyers once suggested) if he leaves the Ecuadorean embassy. The film does not abuse or indict Assange in reference to the Swedish matter; it only raises questions about universal human rights (Swedish women have rights, too) and why Assange thinks that he should be above the law.

It is true – as my film points out – that WikiLeaks was the victim of an unfair embargo by Visa and MasterCard, and that Assange is likely the subject of a grand jury investigation by the US department of justice. At one time there was a rumour – revealed in hacked emails of the company Stratfor and also mentioned in my film – that there was a sealed indictment naming Assange. But facts should prevail. There is no proof that any [US] charges have been filed or are even imminent. There is some indication that the US government may be looking at data theft charges. But my sources tell me that the DoJ is wary of charging Assange under the Espionage Act because, as a publisher, there would be little to distinguish his role from that of the Guardian or the New York Times. Both the Times and the Guardian have said, publicly, that they would rush to Assange’s defence in the unlikely event that he is charged under the Espionage Act. So would I.

John Pilger’s defence of his friend Assange – by denigrating the human rights of two women in Sweden – is reminiscent of the dark side of religious devotion. In fact, as a lapsed Catholic who has just produced a film on the cover-up of sex crimes by the Roman Catholic hierarchy, I recognise Mr Pilger’s behaviour as a kind of noble cause corruption. As a point of comparison, what would we think if a cleric sought to elude accusations of sexual abuse because his overall mission was too holy to be questioned?

Jemima Khan wrote that Julian Assange runs the risk of becoming like Scientology’s L Ron Hubbard. I think his behaviour more resembles that of the outgoing Pope, who, like Assange, is fond of giving speeches to assembled multitudes on balconies. In that context, John Pilger resembles Cardinal Angelo Sodano, who, we recall, referred to sex abuse survivors’ cries for justice as nothing more than “petty gossip”.

There are many people, including me, who admire the original mission of WikiLeaks. But those supporters should not have to stand silently by as WikiLeaks’s original truth-seeking principles are undermined by a man who doesn’t want to be held to account for accusations about his personal behaviour. To paraphrase Monty Python’s Life of Brian, Julian Assange is not the Messiah; and he may be a very naughty boy.

Update 1/3/2013: John Pilger responds:

Alex Gibney's absurd online rant at me for defending Julian Assange hardly merits a response, except that it contains serious falsehoods.

For the record: far from writing about his film with no knowledge of it, I had read an entire leaked transcript of the film. Gibney's assertion that the UK courts ruled on the merits of the women's case is also false. The courts ruled only on the legality of the extradition documents lodged in the UK -- documents based on a treaty that the UK and most of the EU will almost certainly repeal at the earliest opportunity. And far from dismissing the Swedish women's accusations out of hand, I sat through days of evidence in London courtrooms and, unlike Gibney, have reviewed all the discovered evidence including critical evidence of the women's SMS exchanges. 

So what is this nonsense about? Assange refused to appear in Gibney's gratuitous film about WikiLeaks - a wise decision as Gibney's rant demonstrates.

Julian Assange addressing members of the media and supporters from the window of the Ecuadorian embassy in Knightsbridge in December 2012. Photograph: Getty Images

Alex Gibney is an Oscar-winning director of documentaries, including We Steal Secrets: The Story of Wikileaks (2013), Mea Maxima Culpa: Silence in the House of God (2012) and Enron: The Smartest Guys in the Room (2005).

Photo: Getty
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In the chaos of the Middle East, the world must stand behind the Kurds

The Kurdish people have shown themselves to be a small beacon of light in a sea of darkness.

It is one year since the lifting of the Siege of Kobanî. Many of us can recall harrowing images of the black flags of Isis flying threateningly from the surrounding hills, of car bombs being driven into the city’s defences, and of heroic citizens defending their houses and families from the despotic invaders intent on killing them. The Siege of Kobanî was the Stalingrad of the Syrian civil war – a true turning point in the battle against Isis.

Since then, we have seen a significant escalation in the involvement of the international community in Syria and Iraq. But to what end? Syria remains divided between various competing forces; Iraq is a half-governed country with declining influence over its populace. Foreign governments play power games across international boundaries which have long-since ceased to be relevant, least of all to those wishing to establish an Islamist caliphate.

Beheadings, suicide bombings, barrel bombs, religious extremism, violent intolerance, mass movements of people – these are just a few terms most associated with the Middle East today. To say the region is complex is an understatement bordering on ignorance.

In a recent PBS documentary, Inside Assad’s Syria, a television crew was sent to Damascus to cover its sectarian, religious and ideological divides. It showed us two halves to the city: one which lives in liberty and security; and another which resides in barrel-bombed apartment blocks and streets overrun with groups opposed to Bashar al-Assad.

In the southwest of Syria, pro-democratic force control pockets of land and fight Assad’s forces. In the northwest, Hezbollah works with Assad’s army to fight Islamist groups. Further north are areas ruled by groups with affiliations to Al Qaeda, such as the powerful al-Nusra Front. In the east, highways and cities have fallen to the apocalyptic regime of Isis, which stretches far across the old border into Iraq. What future does the Middle East have with such contrasting ideological and religious divides? It is near-impossible to offer a positive view for the future.

Resolving these issues will only be achieved in the long term and through a combination of local agreements (and perhaps the portioning of areas) of international oversight. In the short term, what can we do as citizens of a country with vested interests but limited power?

One of the problems of Western coverage and commentary is that we rarely view the Middle East in any way except through the prism of war. Debate is focused narrowly on the issues of intervention, extremism and migration. People are commonly talked about in derogatory terms with most mistakenly referred to as migrants, when many are fleeing from death and destruction.

These are people who, like us, desire to live in peace and security. They want to raise families and contribute to their communities. Although there are theological differences between Shias, Sunnis, Kurds, Christians, Jews and various minorities, for centuries these groups have lived alongside each other with general tolerance and respect. Churches have existed in the same cities as mosques. Yet the internecine conflicts have ruined the multiculturalism balances in Syria and Iraq. Communities have been divided against each other, sometimes on pain of death. The region is overrun with regressive forces.

Here in the UK, our view of foreign policy is shaped by the forming of alliances with progressive forces – that is those countries, governments and parties committed to values similar to our own. With the conflicts in Syria and Iraq as they are, dominated by regressive forces, our foreign policy is in disrepute. Who should we support in Syria? How can we continue to support Iraq’s army if it is being led on the ground by Iranian generals?

There is one force within the region that is progressive. They share our commitment to democracy, the rule of law and liberty. They have cohesive, well-led armed forces which not only protect their peoples, but also others in fear of persecution. Their women fight alongside their men, often in leadership positions. They have been the bulwark against Isis advances in both Iraq and Syria. They liberated Kobanî from oppression in tandem with US forces.

The Kurdish fighters of the People’s Protection Units (YPG) in Syria and the Peshmerga in Iraq have proved their strength and longevity in the face of enormous challenges. Lacking the weaponry appropriated by Isis, they have fought bravely and slowly liberated areas from tyranny. In doing so, they have treated non-Kurdish citizens well and protected them as they would wish to be protected by others. They have put their lives on the line for the common good, such as the taking of towns and cities outside of Kurdish areas. In doing so, they have refrained from declaring an expansion of Kurdish territory, instead stating that such lands will be handed over to local progressive groups when it is ready to do so.

Perversely, Western governments depend on Peshmerga and YPG forces to fight without adequately arming them. In Turkey, the same Kurdish citizens who would fight for the YPG against Isis are prosecuted and sometimes killed during clashes for protesting in favour of devolution. Turkey’s Kurdish populations in towns like Sur, Cizre, Nusaybin and many others are living under curfew. Yet we do nothing to raise this an issue.

Yet is it the Kurdish people that will be the first army to defeat the ideology of Isis. And because of this they are the biggest target. Their men and women are free. They live in lands governed by democracy, social justice and equality. They hold values in direct opposition to Isis but living in cities just miles apart. The Kurds are the only progressive force in the region which shares our values, has a commitment to democracy and has armies strong enough to protect its peoples.

If we believe in supporting those who share our values, we must show them our solidarity. Our support must go to Kurds as a whole not just those who fight for our interests, because the challenges Kurds face go beyond the borders set by the UK and France in 1920. These borders have been disregarded not only by Isis and al-Qaeda but also by Turkey, Iran, Saudi Arabia and Qatar, which have each ignored international boundaries in pursuit of their interests.

It is fair to say that this simple notion of solidarity leads us to certain complications. Kurdistan is an ancient region divided up by imperial powers between Turkey, Syria, Iraq and Iran. How do we support the Kurds without alienating our allies in Ankara and Baghdad?

During the 1991 Gulf War, the US, UK and France established a no-fly zone over Iraqi Kurdistan to protect Kurds from Saddam Hussein’s air force. A year later, the first free and fair elections were held in Kurdistan. It was also the first such election in the whole of Iraq. A decade on, whatever the merits of the conflict, the Peshmerga were allies of the Coalition during the 2003 invasion of Iraq. Since then, Kurdistan has remained steadfast in its commitment to a democratic future.

In Iraq, there is already a functioning Kurdish state in all but name. It is a pioneering force for democracy in the Middle East. In Iraqi Kurdistan there is a core set of values based on tolerance, respect and freedom of expression. Inclusiveness is enshrined in law. Women are recognised as equal citizens, with a law requiring that a minimum of 30 per cent of National Assembly seats must be taken by women. Furthermore, seats are also reserved for minority communities, with the Christian and Turkmen communities guaranteed at least five seats each. These values mirror our values.

We should adequately arm the Kurdish forces of the YPG and Peshmerga to adequately protect their lands. We must do whatever it takes to ensure Isis is restricted from further post-liberation resurgences, as was seen in the Kobanî region following the redeployment of Kurdish forces to Iraq. Over 350 were killed or injured in that resurgence, simply because YPG and Peshmerga forces are overstretched.

We should also seriously consider supporting Iraqi Kurdistan in its long-term ambition to be an independent state – when the time is right. No other people deserves it as do the Kurds. It is the largest homogenous nation on earth not represented by a unified state. They have a right to determine their own future. True, there are major issues to contend with – most notably corruption, political infighting and the continued presidency of Masoud Barzani beyond his legal mandate – however these issues can be overcome with the close help and guidance of the international community.

Outside of Kurdish controlled-areas lie lands ridden with conflict. We have seen our fellow citizens, friends and trading partners have their lives ruined by the twisted and hate-filled soldiers of Isis. In Syria, close to Kurdish cities, pro-democratic forces have been wiped out by Isis or other Islamist groups linked to Al-Qaeda. The rest of Syria is pock-marked with the barrel bombs dropped by Assad’s forces. Even within Kurdish-controlled areas, bombs have been dropped from Turkish planes on Kurdish YPG soldiers fighting for values which we would call our own. The region is highly complex and constantly changing.

Turkey is therefore a key player. Yet in recent years President Erdogan’s administration has escalated the conflict with the Kurdish citizens it represents. Peace talks between Abdullah Ocalan, the leader of the Kurdistan Workers Party (PKK), the People’s Democratic Party (HDP) and the Turkish government ended unsuccessfully in 2015. Erdogan appears determined to militarily crush the PKK before any negotiations around a lasting peace can recommence.

Turkey has refused to recognise either the YPG or the PYD – the main political party of Kurds in Syria – as a legitimate force on the ground, due to its concerns that any Kurdish autonomy in Syria may motivate Kurds in Turkey to demand similar rights. Before the Syrian civil war there were thought to be between 16-20 million Kurds resident in Turkey, in contrast to just two million in Syria.

For Erdogan, this issue is of greater importance than what is occurring in Syria and Iraq. During the Siege of Kobanî, Ankara refused Kurdish YPG fighters the right to travel across the border into Kobanî to fight Isis forces. Rather than allow them to protect their families and friends, Turkey sprayed them with tear gas and removed their weapons. Significant international pressure belatedly led to Ankara allowing Peshmerga Forces to travel from Iraqi Kurdistan and enter Kobanî through Turkey – and just in time to save the city from Isis. In the interim period, Isis recruits routinely crossed over the border with ease.

The Erdogan administration’s conflict with its own Kurdish citizens is undoubtedly complex. Many Kurds in Turkey want some level of recognition and autonomy but it is not known how many desire outright independence. A free and fair poll has never been carried out and would not be tolerated by Ankara. President Erdogan prefers to suppress opinion rather than encourage it. Where is our solidarity for people demanding human rights?

While Turkey’s air forces have been bombing the Kurdish-controlled Kandil mountainous areas in Iraq, often missing Kurdish forces, Ankara has remained a strong ally of the government in Iraqi Kurdistan, which it sees as a correcting force against the regional influences of Riyadh and Tehran. However, Ankara fears an independent Kurdistan and the effects this may have on the Kurdish populations of Turkey and Syria. Ankara fears the establishment of a Greater Kurdistan, an option which is not on the table and most Kurds do not think is achievable.

Each of these issues is interconnected. Though Kurds in Iraq may carry different passports to those in Syria and Turkey, they similarly identify as Kurdish peoples. They share a culture, a religion and a language. The challenges faced by Kurds in Syria are of utmost concern to Kurds in neighbouring countries. There is a fraternity that must not be dismissed.

The Kurdish question in Turkey is obviously complicated. Turkey remains a critical member for the NATO alliance with its landing strips used to carry out bombing raids on Isis. Therefore, keeping Ankara on side is important to Washington. This is why we in the West have been relatively silent on the Kurdish issue. Meanwhile, the international and national boundaries of Iraq and Syria are now so distorted to be almost beyond repair. Kurds control areas beyond that of Kurdistan, with no other force strong enough to protect people in those areas. In our determination not to ‘put boots on the ground’, we ask Peshmerga and YPG forces to do the heavy lifting and endure the casualties of a conflict we in part caused. This is unfair to the Kurdish people.

We must encourage Turkey to end the Kurdish conflict within its borders. Ankara must resume peace talks with Abdullah Ocalan and the HDP – now the third biggest group in the grand assembly of Turkey. Ankara should accept that the Kurdish question cannot be resolved by militarily means. The overarching issues of inequality, equal citizenship and minority rights are beyond the control of even the strongest of strongmen.

The UK can help resolve the Kurdish question. We have long been a supporter of Turkey’s aspiration to become an EU member. We should agree to accelerate that process in return for allowing the EU to broker a peace. We have a duty to the citizens of any state which harbours ambition to join us. We have a duty to protect people’s human rights.

At the same time, we should support the Peshmerga and YPG as they fight a common foe. Defeating Isis forces in Iraq and Syria would reduce the Islamists’ ability to train home-grown jihadists and send them back to European cities. We should support them with weapons and finances in return for guarantees over human rights and post-conflict governance of the areas they retake from Isis.

The Kurdish people have shown themselves to be a small beacon of light in a sea of darkness. If we believe in the values of democracy, tolerance and freedom of expression – we must support those peoples that practice them. There are small steps we can take to show them our solidarity. We must do what we can to support them.

Ibrahim Dogus is the Director of the Centre for Turkey Studies (www.ceftus.org) and the Director of the Centre for Kurdish Progress (www.kurdishprogress.org).