WIKILEAKS : THE MIRROR OF
JULIAN ASSANGE .
CHAPTER IV
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 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 .
CONCLUSION
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.
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