WIKILEAKS : THE MIRROR OF JULIAN ASSANGE .
IS NULL AND ILLEGAL EXTRADITION JUDGMENT ISSUED AGAINST WIKILEAKS JULIAN ASSANGE and ?
JULIAN ASSANGE WHY SHOULD NOT GO TO SWEDEN .
REASONS AND BASES - . Universal human right of equality before the law provides that the law is applied and observed in general for all , therefore those tried by courts and by special rules violate their human rights.
In the case of the extradition judgment pronounced by the City of Westminster Magistrates London England in the case of the Kingdom of Sweden against WikiLeaks founder Julian Assange, the human right of equality before the law violates a principle legal universally recognized , to be legislative contradiction , conflict of interest, abuse of process and violations rise to the Charter of Fundamental Rights, International Extradition Law , The Constitution of Sweden 1995. Constitutional Documents of Sweden. The Instrument of Government , The Riksdag Act , The Act of Succession , The Freedom of the Press Act , The Fundamental Law on Freedom of Expression from the time that the United Kingdom to sign the Treaty of Lisbon, in an attached protocol , gets a special treatment in its provisions to be from the beginning against what was legally binding domestic law.
This means that the reason for Britain in the Treaty of Lisbon amends a number of amendments to the Treaty on European Union and the Treaty establishing the European Community, and the end is called " TREATY ON THE FUNCTIONING OF THE UNION EUROPEAN " .
The Treaty on European Union , after being amended by the Lisbon Treaty refers to THE CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION , so it is a legally binding document. Therefore, the Treaty on European Union , the Treaty on the Functioning of the European Union and the Charter of Fundamental Rights are of equal legal value and constitute the legal basis of the European Union ..
However, the Charter of Fundamental Rights that belonged to the Constitution of the European Union that was legally binding is REJECTED by countries like the United Kingdom and Poland. The UK, as one of the two countries with common law legal system in the European Union and also has not codified a Constitution , was against what was legally binding domestic law. The proposal of the German presidency to a single reference to it in a single article in the treaty amendment , which must be kept legally binding , was implemented . However, in an accompanying protocol , Poland and the United Kingdom obtained special treatment in these treaty provisions .
The fact that all the countries of the European Union are linked to internal affairs by the Charter of Fundamental Rights sets defenseless rights of its citizens in international relations when it comes to resolving issues with the UK and Poland , reaching notorious supremacy the latter two have received a special treatment in the Treaty of Lisbon. This inequality flagrantly violates the Charter of Fundamental Rights which is obviously a contradiction.
WHAT IS THE CHARTER OF FUNDAMENTAL RIGHTS
The international human rights movement was strengthened by the adoption of the Universal Declaration of Human Rights by the General Assembly of the United Nations on December 10, 1948 . Read as cultural social " a common standard of achievement for all peoples and all nations " in the Declaration, for the first time in the history of humanity , civil rights are clearly established , political, economic , and basic of which all human beings are entitled . Throughout the years the provisions of the Declaration has been widely accepted as the fundamental norms of human rights that all must respect and protect . The Universal Declaration , together with the International Covenant on Civil and Political Rights and its two Optional Protocols , and the International Covenant on Economic , Social and Cultural Rights, form the " International Bill of Human Rights."
A number of international human rights treaties and other instruments adopted since 1945 have given a legal basis for human rights inherent and developed the body of international human rights. At the regional level have adopted other instruments that reflect the specific concerns human rights of the respective region , and in which specific protection mechanisms are established. Most states also adopted constitutions and other laws which formally protect basic human rights. While international treaties and customary law form the backbone of international human rights law , other instruments such as declarations, guidelines and principles adopted internationally contribute to your understanding , application and development . Respect for human rights requires the establishment of the rule of law at the national and international level.
International human rights law lays down obligations which States must comply . By becoming parties to international treaties , States assume obligations and duties under international law to respect , protect and fulfill human rights. The obligation to respect means that States must refrain from interfering with the enjoyment of human rights , or restrict them . L The obligation to protect requires States to prevent abuses of human rights against individuals and groups. The obligation to fulfill means that States must take positive action to facilitate the enjoyment of basic human rights.
Through ratification of international human rights treaties , Governments undertake to adopt measures and domestic laws consistent with the duties and obligations under the treaties . If national judicial procedures do not address the abuse of human rights, there are mechanisms and procedures in the regional and international levels to individual complaints or communications, to help ensure that international human rights standards are indeed respected , implemented and be fulfilled in the local level.
WHAT IS THE LISBON TREATY .
THE LISBON TREATY IS EFFECTIVE DECEMBER 1 OF 2009 . - Its antecedent Berlin Declaration , a proposal from the German Presidency of the European Union on May 19, 2007 . It is known as the " ESSENCE OF CONSTITUTION " .
The proposal was presented by the chair and the delegates of the twenty-seven member states during the first half of the year. It was decided to abandon the format of the ' Constitutional Treaty ' and push in the two treaties currently in force, TREATY ON EUROPEAN UNION and THE EUROPEAN COMMUNITY which would be renamed the Treaty on the functioning of the Union Treaty.
PORTUGAL - . Assuming the presidency of the EU during the second half of 2007 , launched an intergovernmental conference on 23 and 24 July , to finish the writing of the text , to coincide with the meeting of Ministers of Foreign Affairs. The new treaty was presented at the October 18 summit in Lisbon, being signed on 13 December following.
The ratification process began on December 17, 2007 with the approval of the text by the National Assembly of Hungary. The following year, the negative result in an Irish referendum on the treaty, led the Irish Government to convene a second referendum on 2 October 2009 that produced favorable results to the ratification of the document.
With the signing of the treaty by the President of the Czech Republic in November 2009, the ratification process was finalized, thereby allowing text entry into force on 1 December 2009.
CONTRADICTION THAT VIOLATES HUMAN RIGHTS TO EQUAL PROTECTION .
This creates many problems of legality, for the obvious violation of CONTRADICTION the universal principle of equality before the law that spoke in the preface. On the one hand , Article 6 of the Treaty on European Union rises to the Charter of Fundamental Rights the same legal value as the Treaty on European Union and the Treaty on the Functioning of the European Union , and on the other hand, a Protocol , granted to Poland and the UK special treatment in the Treaty of Lisbon to see how NO binding Charter of Fundamental Rights in the case of internal affairs , bringing to its citizens defenseless in their relations international in the case of United Kingdom and Poland . The consequences of this state of inequality , abuse and rape are so severe that go beyond the original intent of the Treaty and reaches citizens anywhere in the world as in the present case and there comes a time that affects human rights Australian citizen Julian Assange, as demonstrated in the present disclosure.
The Contradiction Further muddying if we consider that SWEDEN, NO enters this situation EXCEPT by recognizing the Charter of Fundamental Rights and therefore SI is required to observe such legal binding on internal affairs and respect for human rights the founder of WikiLeaks, Julian Assange, which are outlined in the Charter of high Fundamental Rights the same legal value by Article 6 of the Treaty on European Union and the Treaty on the Functioning of the European Union , therefore compliance and rigorous observation Lisbon Treaty. Treaty must promptly comply Sweden for being an integral part thereof .
This raises an interesting situation. On one hand, if it recognizes and accepts Sweden linkage to the Charter of Fundamental Rights elevated to the same legal value by Article 6 of the Treaty on European Union and the Treaty on the Functioning of the European Union , thus fulfilling strict observance of the Treaty and Lisbon . On the other hand , the United Kingdom by a Protocol , gets special treatment in these provisions of the Lisbon Treaty , to be against what was legally binding domestic law.
The inevitable questions arise If Sweden recognizes the Charter of Fundamental Rights, Julian Assange is entitled to attend the Court of Justice of the European Union to apply for habeas corpus in the extradition promoted Sweden to United Kingdom? The answer is NO, because the Lisbon Treaty EXCLUDES the foreign policy of the jurisdiction of the Court , for reasons discussed in the next chapter .
This legal paradox , benefits the international protection of human rights of the founder of WikiLeaks, Julian Assange, to be shown that CONTRARY TO LAW AND LEGISLATIVE COURTS OF EMERGENCY home in the Lisbon Treaty in force since December of 2009.
CONDITION DISADVANTAGE OF JULIAN ASSANGE AT TRIAL OF EXTRADITION .
Despite the defenseless processing in processed extradition trial in the city of Westminster Magistrates London England , followed by Sweden against Julian Assange by clear abuse of the process and obvious violations of the Charter of Fundamental Rights and the Law International Extradition , The Constitution of Sweden 1995. Constitutional Documents of Sweden. The Instrument of Government , The Riksdag Act , The Act of succession , The Freedom of the Press Act , The Fundamental Law on Freedom of Expression .
Julian Assange is defenseless from the origin of the extradition process was impossible to go to seek justice through the Habeas Corpus before the Court of Justice of the European Union as it is currently called, because the Lisbon Treaty EXCLUDES the foreign policy of the jurisdiction of the Court , although there will be new jurisdiction to review the foreign policy of sanctions measures , and that a new method of 'emergency' was introduced in the preliminary reference system , which would allow the Court to act " with the minimum of delay " when a case involves an individual in prison.
The Court of Justice of the European Union has jurisdiction over certain matters unrelated and police cooperation in criminal matters called " Area of Freedom , Security and Justice." What is an obvious contradiction.
CONFLICT OF INTEREST THAT VIOLATES HUMAN RIGHTS TO EQUAL PROTECTION .
The conflict of interest is clearly sanctioned by Swedish law in handling criminal cases and it is from this point that we put on the table the legal elements that fuel the conflict of interest that violates the human right of equality before the law Julian Assange in court for extradition processed in the city of Westminster Magistrates London England.
THE FIRST of these factors and legal elements that we can not overlook to show the conflict of interest is in foreign policy regarding the Mutual Defense Agreement between the United States and the United Kingdom , 1958. It is no secret the existence of a Mutual Defense since 1958 , known by its acronym in English US- UK Mutual Defence Agreement , a bilateral treaty between the U.S. and the UK on cooperation in weapons nuclear .
The agreement was signed after the UK successfully tested its first hydrogen bomb during Operation Grapple . While the U.S. has nuclear cooperation agreements with other countries , including France and some NATO countries this agreement is much more complete .
The agreement allows the United States and the UK sharing classified information in order to improve the design of nuclear weapons development , manufacturing and capacity of each. This includes the development of defense plans , training staff in the use and protection against nuclear, assessment of enemy capabilities , development of systems of nuclear reactors , research and development and design of military reactors . The agreement also provides for the transfer of special nuclear material ( eg plutonium , highly enriched uranium , tritium) components and equipment between the two countries, and the transfer of " non-nuclear parts of atomic weapons" to the UK.
The agreement also covers the export of a nuclear submarine and plant enriched uranium fuel that was installed in the UK being the first nuclear submarine , HMS Dreadnought .
The UK was able to carry out underground nuclear tests at the Nevada Test Site in the United States , the first taking place on March 1, 1962 , following this agreement.
There is also sensitive intelligence matters covered by the agreement. The British government has not published these sections " because of the great need for confidentiality and because ... well could help the spread ."
This agreement replaced the previous " Agreement for cooperation in the field of atomic information for purposes of mutual defense " of 1955. A separate agreement called Polaris Sales Agreement was signed on April 6, 1963 .
The agreement is much broader in assistance to the UK in the development of nuclear weapons and in many cases sensitive technology from Britain in the nuclear and missile fields is based on technology received from the U.S. and can not legitimately be approved without U.S. permission .
The Nuclear Materials Exchange between the two nations is constant and because the UK relies heavily on U.S. assistance to maintain and develop its nuclear arsenal, have raised questions about whether this level of cooperation is against the NUCLEAR NON-PROLIFERATION TREATY . However , in 2004 the negotiations were concluded to extend the treaty for 10 years until the year 2014.
THE SECOND ELEMENT FACTOR OR LEGAL CONFLICT OF INTEREST
Is political in national security and arises from the intention to prosecute and punish the Australian citizen Julian Paul Assange, founder leader of the global organization WIKILEAKS are political reasons for the revelations of documents , videos , recordings and testimony undressing falsehood and hypocrisy of politicians and politics of some states.
WikiLeaks, always preceded by a protected by the TRUE and opportunity that are filtered through the mainstream media in the world with the sole purpose of seeking justice through transparency in politics and human rights action people anywhere in the globe.
Here are some of the shares underlying the prestige gained since 2008 by citizen Julian Paul Assange and his organization WikiLeaks and demonstrate conclusively that behind the motion of his delivery has been with the clear intention to try him and punish him for alleged offense of a political character . Let's throw a glance :
1. WikiLeaks and Julian Assange has not been charged with any crime in any country .
2 . WikiLeaks and Julian Assange have been recognized for the quality investigative journalism with many prestigious awards, including : a) Sam Adams Award, awarded unanimously in 2010 , for Integrity in Intelligence (Iraq War Logs ) by a group older retired U.S. military intelligence and b ) The Amnesty UK Media Award in 2009 for " Cry of Blood" report on extrajudicial executions and disappearances in Kenya c ) Freedom Award , given by The Economist of Expression Award in 2008; d ) Assange won the Gold Medal of the Foundation of the Sydney Peace in 2011 " for his exceptional courage and initiative in pursuit of human rights." The Sydney Peace Foundation has just awarded 4 gold medals in 16 years, with Nelson Mandela and the Dalai Lama to be 2 of the other 3 recipient e) Martha Gellhorn Prize for Journalism in 2011 : "It is brave, determined and independent and true agent of people not of power ... [ WikiLeaks ] goal of justice through transparency is in the oldest and best tradition of journalism . "; f ) Walkley Award for most outstanding contribution to journalism in 2011 ;
3 . WikiLeaks has a perfect record in terms of reliability of information . No government has denied the authenticity of documents ;
4. April . WikiLeaks documents drawn up , so far there is no person who has been physically damaged by their publications ;
5. May . WikiLeaks exposes government and businesses in corruption, fraud, shady business , war crimes , torture and kidnapping. It is in the public interest to know these things.
6. WikiLeaks has partnered with The Guardian , New York Times, Der Spiegel , Le Monde and El País to publish Cablegate . Why only affect WikiLeaks?
7. WikiLeaks operates in accordance with traditional journalism . Information from various sources published.
8. WikiLeaks acts as traditional media , but protects its sources with an anonymous mailbox secure.
9. WikiLeaks is a legitimate , legal editor of online news , recognized as such by other organizations of journalists from around the world. In 2012 , WikiLeaks has partnered with nearly 100 media organizations worldwide.
10. WikiLeaks is a publishing independent nonprofit organization funded by donations from ordinary citizens around the world . Because WikiLeaks believes in transparency of their financial records are public responsibility.
11. WikiLeaks is altruistic objective "justice through transparency. " WikiLeaks is a catalyst for democratic movements worldwide .
12. WikiLeaks launched in 2006 to provide security to whistleblowers regimes and dictatorships in the Third World , and to tell the world about your situation.
13 . During the first four years , WikiLeaks published the government and corporate misdeeds of many countries.
14 . In 2010, WikiLeaks received files for video Collateral Murder U.S. , Afghan war diaries , records of the Iraq war , and the U.S. embassy cables .
15 . The videos and documents revealed U.S. war crimes war rorting , and lying by the U.S. government in relation to civil war victims and progress .
16 . Cables reveal U.S. government and corporate exploitation , intimidation and manipulation of other governments (as well as the good deeds of the U.S. officials ) .
17 . The cables reveal and confirm to people in their own governments and corporations were involved in shady misdeeds .
19 . The Australian government promoted "Clean RSS" as a way to filter pornography infantil.La police objected to this that the images were peer-to -peer (not web ) .
21 . "Clean Power " was abandoned as a direct result of the WikiLeaks exposure of its fundamentally undemocratic political.
22 . WikiLeaks exposes ALP Senator Mark Arbib as protected by the U.S. government source for 4 years . Arbib was involved in a coup that overthrew an elected prime Australian ALP minister.
23 . A WikiLeaks cable from 2007 showed that the Australian government was risking the Great Barrier Reef , and secretly hesitant oil sanctions for violating U.S. laws in the Torres Strait .
24 . According to the procedures of harm reduction WikiLeaks , WikiLeaks asked the U.S. State Department to help with essays cable. They refused .
25 . Note the time :
Collateral Murder video released 5/4/10
Gillard coup 24/06/10
Afghan Daily released 25/07/10
Sex allegations surface 20/8/10
22/10/10 Iraq war logs released
Cablegate released 28/11/10
August 18, 2010 (two days before the sexual allegations ) Anders Hellner , Senior Policy Advisor of the Foreign Policy Institute of Sweden , told Swedish television news Rapport: "The situation is growing because an official party Swedish is represented in the European Parliament ( the Pirate Party , which had announced that it would host Wikileaks servers ) is taking things that the views of the U.S. is a very controversial role . Americans are seeking to stop this somehow. "
26 . After daily release of Afghan war , Julian visited Sweden for residency and base WikiLeaks there ( because they have good whistleblower laws ) .
27 . The U.S. was aware that Wikileaks had more releases to come and wrote threatening letters . Julian said plans entrapment .
28 . Official Krans , Borgstrum , Bodstrum and Anna Ardin [ alleged victim ] are all members of the Swedish Social Democratic Party.
29 . A month after the sexual allegations Assange, all stood for election on a platform of reform of sexual offenses.
30 . Swedish judge Brita Sundberg - Weitman (retired ) says . "Mr Borgstrum is a politician whose platform is associated with radical feminist activism , and has developed a legal practice around acting for complainants in rape cases in recent years , elements of the Social Democratic Party, including one of the complainants ( Anna Ardin ) , which is a known and aspiring social democratic politician and lawyer Mr. Borgstrum and some public officials , like Ms. Ny , have taken the initiative amending the Swedish law , in order to try to make more favorable to women. 's a fact that people like Marianne Ny and Claes Borgstrum have worked together to produce our new stricter laws , sexual offenses " .
31 . Borgstrum appealed the decision to fire investigating prosecutor Marianne Ny violations .
32 . Julian Assange has not been informed about the appeal , so it did not have the opportunity to comment .
33 . On September 1, 2010 , Marianne Ny granted the appeal and restored the rape investigation .
34 . "It is completely false that we are afraid of Assange , so I did not want to make a complaint ... not violent and I do not feel threatened by him," said the Swedish tabloid Aftonbladet AA women , the August 21, 2010 .
35 . The alleged condom "deliberately broken " (submitted as evidence by AA ) did not contain DNA or AA JA .
36 . There are significant differences between the original statement and SW which was released to the media .
37 . Swedish tabloid Aftonbladet in the access file to police the September 1, 2010 demand was estimated. Denied requests Assange Swedish lawyer , Mr Hurtig access to file police (September -November).
38 . Julian remained in Sweden for 5 weeks to respond to the charges against him . Through his lawyer , Mr Hurtig , Julian became proactive attempts to arrange an interview with the Swedish prosecutor. Prosecutor Ny rejected all offers for interview Julian before giving permission to leave Sweden on September 15, 2010 .
39 . On September 22, 2010 , the interview was finally agreed to by the Swedish tax Marianne Ny on September 29, 2010 . The U.S. Pentagon announced a team of 120 people dedicated to " take action " against WikiLeaks, before the publication of the War Logs and Cablegate Iraq. Julian was keeping a low profile in terms of threats to its security and could not be contacted and informed of the interview date 29 September. Julian left Sweden on September 27, 2010 for a business meeting and agreed with Cablegate Media Partner Der Spiegel. Julian did not " flee " from Sweden . Sweden stayed in a total of 37 days, after these accusations delayed its overseas business . He went with Swedish official permission.
40 . The September 29, 2010 , Julian called his lawyer to know that your luggage (including three laptop computers ) disappeared in flight Stolkholm -Berlin . His Swedish lawyer informed Mr. Hurtig Julian ( first ) interview 28 septiembre.Julian offered to return to Sweden for an interview on the 9th or 10th of October. This was rejected because it was the weekend . Julian offered to return to Sweden on October 11, 2010 . This was rejected for being " too far."
41 . In October and November 2010 , Julian was in London working on the Iraq War Logs release and preparing for Cablegate with media partners The Guardian, Der Spiegel , Le Monde , El Pais, and the New York Times. The Iraq War Logs, WikLeaks were released on October 23, 2010 . On October 27 , the CIA refused to confirm or deny suggestions of plans to assassinate Julian . Julian had stayed at the frontline Club ( a London club for journalists ) for much of October and November 2010 . Held several talks during this period , including a speech at the UN in Geneva.
42 . In October and November 2010 Julian lawyers in UK offered an interview Scheme under the Mutual Legal Assistance ( MLA) between the United Kingdom and Sweden. Swedish prosecutor Ny refused all offers of Julian to the interview by the usual protocol MLA .
43 . On November 2, 2010 , UK police reported Assange 's lawyers could contact them through to the legal process.
44 . Despite refusing to interview Julian for seven weeks , Sweden won a European Arrest Warrant (EAW ) for him ( 18 November 2010 ) question .
45 . Swedish prosecutor Marianne Ny also tried to Julian incommunicado awaiting a future trial .
46 . An EAW is used for processing, without question. EAW Julian is very irregular. " A European arrest warrant should not be used for research purposes . " - Committee of the UK Parliament Joint Human Rights, June 2011.
47 . The November 20, 2010 Despite being informed about the whereabouts of Julian Assange, Sweden authorized to Interpol Red Notice PUBLIC for him.
48 . "I consider it inappropriate and disproportionate Ms. Ny requested an arrest warrant from Interpol and the European arrest warrant for Mr. Assange ," said the expert (retired ) Swedish judge Sundberg - Weitman Britta . The only recent example of Sweden issuance of an Interpol Red Notice , and a European arrest warrant for a sexual offense involving a pedophile repeat offending .
49 . On 26 November 2010 Sweden issued a European arrest warrant for Julian ( 2 days before WikiLeaks began to publish Cablegate ) . This would lead to the arrest of Julian within 10 days , but the order was invalid and had to be re- issued on December 2, 2010 .
50 . The November 27, 2010 The U.S. State Department sent a threatening letter in response to a letter from Julian applicant entry about harm minimization Cablegate .
51 . The November 28, 2010 WikiLeaks began publishing the U.S. diplomatic cables (aka Cablegate ) .
52 . WikiLeaks cables on the U.S. revealed secret relations between U.S. and Swedish officials to circumvent the democratic process in Sweden. Sweden secretly agreed to allow U.S. access large amounts of data on Swedish citizens. Swedish MP Camilla Lindberg resigned in protest , stating: " With the sale of their own people , the government has tried to curry favor with the U.S. Slowly continue to dismantle democracy. "
53 . Karl Rove , a former political adviser to the U.S. president George Bush is a political adviser to the Swedish Prime Minister Fredrick Reinfeldt. Rove leave the U.S. policy of favor after brutal orchestrating smear campaigns against opponents políticos.Karl Rove is also good friends with the Swedish Foreign Minister , Carl Bildt.
54 . The November 29, 2010 : U.S. policy " declared war " against Wikieaks : " Assange is an anti- American operative with blood on his hands Why not pursued with the same urgency as al Qaeda. ? " - Sarah Palin.
" I would see this as a military problem , with potentially military action against him and his organization. " - Tom Shaffer, formerly of the Defense Intelligence Agency , Fox News.
" Anything less than execution is too kind a penalty. " - Mike Huckabee, the Republican presidential candidate.
55 . The November 30, 2010 : Interpol issued a Red Notice Julian Paul Assange to 188 countries.
56 . More threats from politicians: " Well, I think Assange should be assassinated , actually. I think Obama should put a contract and maybe a drone or something to use .... I would not feel unhappy if Assange ' disappeared ' . "- Tom Flanagan , a former adviser to the Canadian Prime Minister , November 30, 2010 .
"We are at war. Espero ( U.S. Attorney General ) Eric Holder ... to ... get our laws consistent with being at war . " - Sen. Lindsey Graham, November 30, 2010 .
Julian Assange should be " judged as a terrorist. " - Sen. Rick Santorum , presidential candidate of the Republican Party , November 30, 2010 . " He should be treated as an enemy combatant. WikiLeaks should be closed. " - Newt Gingrich, December 5, 2010 .
" A dead man can not leak stuff ... illegally shoot the son of a bitch. " - Bob Beckel , Fox News, December 6, 2010 .
57 . On December 7, 2010 : Obama administration pressures Paypal , Visa and Mastercard for blocking donations to WikiLeaks , closing 95% of their funds. Western Union and Bank of America followed soon after. In early December 2010 PayPal also froze Wikileaks € 60,000 in donations to the German charity Wau Holland Foundation.
58 . The December 6, 2010 Julian Defense Fund ( with € 31,000) was frozen by Swiss Bank Post Finance . The UN High Commissioner for Human Rights and the UN Special Rapporteur on Freedom of Opinion and Expression WikiLeaks condemned the blockade.
" The financial blockade is a free speech issue ," said Trevor Timm, an activist for the Electronic Frontier Foundation. "The government , aware that they could not charge WikiLeaks with a crime for publishing classified information - because the newspapers do - decided to pressure private companies like Amazon , Visa and MasterCard in banning WikiLeaks. "
The suppression of donations is essentially an end-run around the First Amendment, Timm said. "The government is not technically doing censorship - they are leaving the dirty work to private companies major newspapers like the New York Times to print classified information all the time ... major newspapers like the New York Times or Time Magazine Street Wall print . confidential information at all times. 's been happening for decades, and no one has been prosecuted for it. "
The January 14, 2011 , the U.S. Treasury refused the request of Senator Peter King to blacklist WikiLeaks or Assange as there was no reason to.
In July 2011, WikiLeaks filed a complaint about the financial blockade with the European Commissioner for violation of the antitrust laws of the EU. They are still awaiting a response.
It is estimated that since the WikiLeaks blockade has prevented more than $ 20 million in donations.
59 . The U.S. government also pressured ISPs to terminate services to WikiLeaks. For example, the December 1, 2010 , Amazon removed WikiLeaks from its servers storage . On December 2, the DNS record is used WikiLeaks.org stopped pointing to the domain. On December 20, Apple removed an app that allowed iPhone users to search WikiLeaks cables .
60 . On 5 December 2010 the Prosecutor Ny tried to mislead the public into error by declaring to the press . " Both the British and Swedish law prevents me interrogate Assange in London" She made the same claim in a third interview for publication TIME .
Using a video connection is established by Swedish decision ( SC- nja (2007 ) 337 ), which also states that it is disproportionate to issue a European arrest warrant for questioning when a person is cooperating protocol. The proper , proportionate and legal to ask a person for questioning in the UK means is through the Mutual Legal Assistance Plan . From United Kingdom Julian house arrest in 2010, the Swedish Prosecutor Ny has rejected all proposals to be interviewed at Scotland Yard or the Swedish Embassy .
61 . On December 7, 2010 Julian Assange was voluntarily with his lawyer in Kentish Town police station in London to answer the EAW . The EAW was the first document received from Assange Swedish prosecutors in English ( translation provided by the police in the UK ) . This was also the first time that Julian had been informed in writing of the specific allegations and potential charges against him .
62 . The EAW and the Interpol Red Notice was issued just before and just after running began publishing Cablegate . If Julian Assange had returned to Sweden in October / November / 2010 , would have been held incommunicado in prison and had not attended the publication of Cablegate .
63 . On December 7, 2010 Julian went into voluntary custody in the UK. He spent ten days in solitary confinement in a maximum security prison in Wandsworth. Bail 180,000 Pounds was exhibited by J. Assange , but in Sweden opposed the bail and the judge rejected Riddle Swedish request .
64 . On December 8, 2010 The Independent newspaper cited " diplomatic sources " confirming informal talks between Sweden and the U.S. Extradition of Julian .
Michael Mukasey , former U.S. Attorney General said: "When one is accused of a very serious crime , it is common to be kept in relation to a misdemeanor , while you assemble evidence of a second crime. " (The Guardian, 12/07/10 )
65 . The December 14, 2010 Julian was granted bail of $ 374,000 (in cash and guarantees) and surrendered his passport. He was placed under house arrest with a curfew overnight , fitted with an electronic ankle monitoring device , and ordered to report daily to the local police station. The Swedish government opposed bail and filed an appeal , so Assange returned to jail for 48 hours until the appeal hearing on December 16, 2010 . Sweden lost the appeal and Julian was released on bail until the hearing of the European arrest warrant , set for January 11, 2011 .
UK Supreme Court agreed Statement of Facts (ie , the facts agreed by the Swedish authorities ) : http://t.co/x62F9ah2
Brief former Australian diplomat Tony Kevin to Australian MPs on the political agenda , USA and Sweden entrapment : http://wlcentral.org/node/1414
Lawyer Jen Robinson Australians short on facts parliamentarians, schedule, players , concerns re fit to Sweden WikiLeaks re: http://wlcentral.org/node/1418
Lawyer Peter Kemp brief Australians 02/03/11 Members re violations of legal and human rights , political programs , extradition : http://wlcentral.org/node/1414
According to the shown above, we have enough EVIDENCE and therefore IS ILLEGAL , from the point of view of international law , the implementation of extradition sought by the UK government to deny a pass to Julian Assange for protection on your journey to Republic of Ecuador . NO doubt who is behind the intention to prosecute and punish the Australian citizen Julian Paul Assange, founder of the leading global organization WIKILEAKS are political reasons for the revelations of documents , videos , recordings and testimony undressing in this case , the falsity and hypocrisy of politicians and politics of some states in the world.
THE INTERNATIONAL CRIMINAL COURT AND OUT OF STATE STATUTE .
To demonstrate the conflict of interest in the extradition trial is necessary to set an example of the creation of the International Criminal Court (ICC ) has revealed a serious conflict between states are reluctant to cede their national jurisdiction over the prosecution of crimes against humanity that have turned to the Statute of the Court of Rome .
Although faced with a sense of universal justice majority agreed by the international community , certain states, particularly the powers of greater global interference , have decided not to ratify the Statute , with weak arguments, but with strong domestic legitimacy.
Here the difficulty that the universal concepts of justice as a basic principle to address the implementation of the Statute of the International Criminal Court against the States that have not ratified , especially the case of the United States of America.
U.S. POLICY REGARDING THE IMPLEMENTATION OF THE INTERNATIONAL CRIMINAL COURT .
The particular case of the United States is the most controversial . On August 2, 2002 , the U.S. Congress passed the American Servicemembers ' Protection Act ( Act for the protection of American personnel or external services ASPA) with the clear objective of weakening the Court. This law prohibits and governments and federal agencies, state and local Americans ( including courts and agencies of law enforcement ) assisting the Court. Consequently , the extradition of any person in the United States prohibits the Court and the Court staff are prohibited from carrying out research in the United States. The law also prohibits U.S. military assistance to countries that are party to the Court. In addition , the president of the United States is authorized to use "all necessary and appropriate means to secure the release of any [ U.S. or allied personnel ] arrested or imprisoned , on behalf of or at the request of the International Criminal Court."
In the U.S. Congress one of the most bitter activists against the constitution of the International Tribunal was Republican Senator Jesse Helms, who declared that " the establishment of a permanent International Criminal Court ever closer , the threat that the soldiers and U.S. officials might someday be arrested , extradited and tried for "war crimes " is growing . " Besides the famous American lawmaker has said that " the U.S. decision to stay out of the Rome Statute establishing the International Criminal Court in the framework of the United Nations has been established that the right thing to do , adding to it the following: " Reject the Rome Statute is not enough. The United States must combat the Treaty ... We must oppose aggressively because , even if the U.S. never join the Court, the Rome Statute entail serious implications for U.S. foreign policy. "
As is known , the United States is an eminently organized nation , and has been its policy against the ICC. Bilateral Immunity Agreements have been combined with ASPA . This legislation deprives those States which have refused to sign a bilateral immunity agreement with the U.S. access to funds from International Military Education and Training (IMET ) and as we said there are 18 countries that until the end of 2006 the United States will cut access to those funds.
It is hinted that the implementation of the ICC in the international community seriously threatens U.S. foreign policy, especially by the arbitrariness in the implementation of the decisions around that policy.
THE ROME STATUTE NO aims to punish war crimes , but punishing multiple or large scale outrages . The intent of the ICC is to deter major international crimes such as genocide and crimes against humanity and prevent impunity for them
Although at the time of creation of the ICC was attempted granted an independent permanent to depoliticize issues that she is competent , clearly unable to do so accurately.
The pressures of world powers ( USA , Russia and China, to name a few ) , will not allow the statute to fully exercise its role and deploy all their tools on acts against humanity. There is a solution on the horizon not somehow affect the structure of the statute , because the incorporation of these states .
The U.S. position will be clinging to a policy of national supremacy until as long as the international community can exert enough weight to convince the discussion and debate since joining the Statute , or, diplomatic pressure from all areas globalization has opened .
Having shown that there is legislative contradiction , conflict of interest, abuse of process and violations rise to the Charter of Fundamental Rights, International Extradition Law , The Constitution of Sweden 1995. Constitutional Documents of Sweden. The Instrument of Government , The Riksdag Act , The Act of Succession , The Freedom of the Press Act , The Fundamental Law on Freedom of Expression during prosecution and judgment rendered the extradition made by the City of Westminster Magistrates London England in the case of the Kingdom of Sweden against Julian Assange and WikiLeaks, violates their human rights to equality before the law and the right to justice that are universal legal principles , it is urgently necessary to review the judgment of extradition to contain vices of invalidity and illegality of origin when being pronounced. This answers the question:
JULIAN ASSANGE WHY SHOULD NOT GO TO SWEDEN ?
Legislative contradiction , conflict of interest, abuse of process and violations of origin necessary to review the judgment on the extradition made by the City of Westminster Magistrates London England in the case of the Kingdom of Sweden against Julian Assange and WikiLeaks.