Julian Assange, the founder of WikiLeaks, was accused of sexual assault by two women in Sweden in 2010 and faced extradition to Sweden to face questioning over the allegations. He sought asylum at the Ecuadorian embassy in London in 2012 to avoid extradition. He remained in the embassy for nearly 7 years before being arrested in 2019 for breaching his bail conditions as the UK worked with the US to extradite him for his role in publishing classified US documents on WikiLeaks.
Source of International Law. Detail of the source of International law. It is very important for those students who are preparing for Law exams, or who studying the law. It is also very important for Semester exams.
Source of International Law. Detail of the source of International law. It is very important for those students who are preparing for Law exams, or who studying the law. It is also very important for Semester exams.
State is important topic in Private International Law. It is very important for all law students world widely. It covers all he content of State.This PPT gives a detail information of the state in present time.
Understanding Diplomatic Privileges and ImmunitiesKai Bruns
Campus talk @Middlesex University in Dubai
An internal US inspection report released this summer criticized the US ambassador to the UAE, HE Michael Corbin, for misusing parts of his diplomatic privileges. Not only in the UAE the granting of diplomatic privileges and immunities is a controversially debated topic. In the public eye diplomats seem to enjoy traditional prerogatives enabling them to float above the law. In the light of abuses of diplomatic immunities such as parking, speeding or even more serious crimes such as drug and people trafficking the upcoming Monday night speaker lecture will raise the question why states grant diplomatic immunities.
In order to create a basic understanding the lecture will analyze the historical evolution of legal doctrines underlying the concession of diplomatic privileges and immunities. Diplomatic law governing the inviolability of permanent mission premises and immunities of their staff are regulated in the 1961 Vienna Convention on Diplomatic Relations (VCDR). We will look at the codification history of the VCDR and discuss cases of abuses of diplomatic immunities in order to get a feel for the link between legal theory and diplomatic practice to deepen our understanding of the benefits of such long-standing diplomatic practice.
International Humanitarian Law Lecture 10 - Definition & Relevance of The Ter...Nilendra Kumar
International Humanitarian Law is only applicable in situations of armed conflict. Hence, the various types and nature of armed conflict need to be understood which is the purpose of this presentation.
Introduction to the work of the Security Council from the Security Council Practices and Charter Research Branch, Security Council Affairs Division, Department of Political Affairs, United Nations. Presentation given in August 2012.
State is important topic in Private International Law. It is very important for all law students world widely. It covers all he content of State.This PPT gives a detail information of the state in present time.
Understanding Diplomatic Privileges and ImmunitiesKai Bruns
Campus talk @Middlesex University in Dubai
An internal US inspection report released this summer criticized the US ambassador to the UAE, HE Michael Corbin, for misusing parts of his diplomatic privileges. Not only in the UAE the granting of diplomatic privileges and immunities is a controversially debated topic. In the public eye diplomats seem to enjoy traditional prerogatives enabling them to float above the law. In the light of abuses of diplomatic immunities such as parking, speeding or even more serious crimes such as drug and people trafficking the upcoming Monday night speaker lecture will raise the question why states grant diplomatic immunities.
In order to create a basic understanding the lecture will analyze the historical evolution of legal doctrines underlying the concession of diplomatic privileges and immunities. Diplomatic law governing the inviolability of permanent mission premises and immunities of their staff are regulated in the 1961 Vienna Convention on Diplomatic Relations (VCDR). We will look at the codification history of the VCDR and discuss cases of abuses of diplomatic immunities in order to get a feel for the link between legal theory and diplomatic practice to deepen our understanding of the benefits of such long-standing diplomatic practice.
International Humanitarian Law Lecture 10 - Definition & Relevance of The Ter...Nilendra Kumar
International Humanitarian Law is only applicable in situations of armed conflict. Hence, the various types and nature of armed conflict need to be understood which is the purpose of this presentation.
Introduction to the work of the Security Council from the Security Council Practices and Charter Research Branch, Security Council Affairs Division, Department of Political Affairs, United Nations. Presentation given in August 2012.
Immunities as a special privilege is being provided under the private international law to persons having sovereign status, for not getting punished under a foreign law.
Extradition treaty between the nations in international lawa21182331
in this slide we discuss about the method of extradition followed by the different nations at international level in which we talk about meaning and purpose of extradition and also discuss some landmark case laws which have great importance in the field of international law.
This listing of immigration terms, from a to z, provides easy-to-grasp, jargon-minimized tips and definitions, as well as examples taken from various writings and blog posts of Immigration Attorney Carlos Batara.
These terms pertain to several major areas of immigration law, including family visas and marriage-based petitions, permanent resident programs, citizenship and naturalization, deportation and removal defense, immigration appeals, humanitarian programs involving asylum, refugees, TPS, and trafficking victims, as well as immigrant domestic violence protections, such as VAWA and U visas.
Immigration law is one of the toughest areas of law because rules are consistently changing due to the political ramifications of international policy measures.
This A - Z presentation hopes to provide insight on many of the commonly asked questions asked by immigrants and immigration reform advocates.
Civil Detentions and the Penological Justifications for Punishment - Why The...Lawrence Cisneros
The U.S. government affords undocumented immigrants with less regard than non-citizen terrorists captured in battlefields across the world. Enemy combatants are appointed counsel after being detained by U.S. armed forces abroad for terrorist activities. Undocumented immigrants in the United States, toiling often in sweat-shop like conditions, and all the while paying taxes, are not appointed a lawyer if placed in deportation proceedings, nor receive assistance from legal aid organizations.
CANADA'S SYSTEM OF JUSTICE
Introduction
The Canadian justice system is made up of many people who perform different roles. The court system includes a number of courts and a variety of levels in the court system. As part of their duties, police officers can use force if necessary, make arrests, and search people, houses and vehicles.
The Canadian court system consists of a number of courts and a variety of levels in the court system.
The Canadian court system consists of a number of courts and a variety of levels in the court system. There are three different types of trials: criminal, civil and administrative.
Criminal Trials – these take place in the Superior Court or Federal Court. They involve crimes such as murder, theft and frauds against society (such as embezzlement). In these cases, you may be tried by a judge alone or with two other judges who will hear your case together. You can also appeal if you feel your sentence was unfairly severe or not given enough consideration to your circumstances by an examining magistrate when he/she made his decision on whether to send someone for trial before another judge sitting alone (the jury system).
Civil Trials – these take place in Provincial Courts across Canada where parties must prove their claims against each other through evidence presented during trial proceedings conducted by either juries composed solely from laypersons selected at random from among citizens living within its borders during regular business hours (usually between 9 am -12 noon) once per month during September through June every year without fail since 1888 when British Columbia became part of Confederation."
All rights and freedoms in Canada's Charter of Rights and Freedoms apply to everyone charged with a crime under the Criminal Code.
The Charter of Rights and Freedoms is a document that outlines basic rights and freedoms in Canada. It applies to everyone charged with a crime under the Criminal Code, regardless of whether they are Canadian citizens or not.
All rights and freedoms in Canada's Charter of Rights and Freedoms apply to everyone charged with a crime under the Criminal Code. This means that if you're arrested for any offence, including possession, trafficking or simple possession (or any other criminal offence), then your constitutional protections will apply until proven otherwise by evidence at trial—even if it's later found that your alleged offence did not actually happen!
As a part of their duties, police officers can use force if necessary, make arrests, and search people, houses and vehicles.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
1. THE CASE OF
JULIAN ASSANGE
Presented by:- Anushka Singh
BBA-LLB (7TH Semester) 2018-23
School of Law, Sharda University
Under subject- Public International Law
2. Before moving onto the case I would briefly
explain the concepts involved in the case.
•Extradition
•Asylum
3. The term extradition has derived from two Latin words ex and traditum. Ordinarily, it may mean ‘delivery
of criminals’, ‘surrender of fugitives’ or ‘handover of fugitives’. Extradition may be defined as the
surrender of an accused or a convicted person by the State on whose territory he is found to the State on
whose territory he is alleged to have committed or to have been convicted of a crime.
According to Oppenheim extradition is the delivery of an accused or a convicted
individual to the State where he is accused of or has been convicted of, a crime, by the
State on whose territory he happens for the time to be.
4.
5. NEED AND
PURPOSE OF
EXTRADITION
Each State exercises complete jurisdiction over all the persons within its
territory. But sometimes there may be cases when a person after
committing crime runs away to another country. In such a situation the
country affected finds itself helpless to exercise jurisdiction to punish the
guilty person. This situation is undoubtedly very detrimental for peace
and order. There is a social need to punish such criminals and in order to
fulfil this social necessity the principle of extradition has been recognised.
The country in which he has committed the crime may try him differently. It may also
be the case that he had absconded or run away in the middle of legal proceedings.
Thus it is essential to bring him back in order to finish the trial. The evidence and the
witnesses are also present in that country.
This is also to prevent the trend of international
criminals. Some criminals hop from country to country
committing crimes. Through extraditions, justice can be
brought by bringing them back to the countries they
have committed the crime and punishing them.
6. SOME COMMON CONCEPTS IN EXTRADITION
No extradition of a Political Criminal- The trend of no extradition of political criminals started during the French
revolution. After that, other countries followed suit. No commission or organization has defined what a political
crime is. This word is also not defined under international law.
Rule of Speciality- The doctrine of speciality is a doctrine under international law. It states that a person who is
extradited to a country to stand trial for certain criminal offences may be tried only for those offences and not for
any other pre-extradition offences. (U.S. vs Rauscher (1886)
Double criminality - Double criminality is a principle that states that a criminal can only be extradited to another country if the
offence he has committed is criminalized by the laws of both the countries involved. For example, if a murderer has run away from
Bangladesh and is hiding in India, he can be extradited as the laws of both the countries criminalize murder.
Position of the State in International Law- It must be noted that the state has no duty to extradite an
individual. But, there can be a treaty between that states that they will extradite any criminals that run away
to their country and vice versa. They can also voluntarily extradite a person without any treaty. States should
keep in mind that during extradition, they should not violate their own municipal laws i.e- the laws of their
own countries and international conventions. However, countries do not have to give the fugitive back if
proper extradition procedure was not followed. (Savarkar Case, 1911, France v the UK)
7. EXTRADITION
IN INDIA
Usually, each country has its own laws regarding the
process of extradition. In India, The Extradition Act of
1962 governs the process of extradition. It was amended
in 1993 by Act 66. Usually, requests for extradition on
behalf of India can only be made by the Ministry of
External Affairs and not anyone in the public
According to the page of The Ministry of External Affairs, below are the following
bars or restrictions to extradition-
•India is not ‘obliged’ to extradite someone unless there is a treaty.
•India is not ‘obliged’ to extradite someone unless that offence constitutes a
crime under the treaty.
•Extradition may be denied for purely political and military offences.
•The offence must constitute a crime in both India and the country requesting
extradition.
•Extradition may be denied when the procedure set down by Section 3(4) of the
8. ASYLUM
The term ‘Asylum’ has been
derived from a Greek word
whose Latin counterpart is
‘Asylon’ and it means
‘freedom from seizure’. The
term is referred to those
cases where the territorial
State declines to surrender a
person to the requesting
state and provides shelter
and protection in its own
territory.
Thus asylum involves
two elements, firstly, a
shelter which is more
than a temporary refuge;
and secondly, a degree of
active protection on the
part of the authorities in
control of the territory of
asylum.
Historically the concept
of asylum is very old and
traditional and is
opposite to the notice of
extradition. Where the
traditional hospitality is
not offered to an alien,
the act is known as
extradition.
Asylum is when a
country gives protection
to individuals who are
being prosecuted by
another sovereign
authority. Most of the
times, it is their own
government. While
everyone has the right to
seek asylum, asylum
seekers do not have the
right to receive it.
9.
10. TYPES OF ASSYLUM
Territorial Asylum-
Territorial asylum is
granted within the
territorial boundaries of
the country offering
asylum. This is most
commonly used for
accused of offences of
political nature such as
treason and sedition.
Extra-Territorial or Diplomatic
Asylum- Extraterritorial asylum
refers to asylum granted in
embassies, legations, consulates,
warships, and merchant vessels in
foreign territory and is thus
within the territory of the state
which protection is sought.
International law has not
diplomatic asylum as a right as it
Neutral Asylum- This
type of asylum is shown
neutral states during
of war. These countries
may be considered
places for prisoners of
It provides asylum to
troops of countries who
are a part of the war.
If an individual, ‘A’ from Syria comes to Turkey and
applies for asylum due to the horrifying condition in
Syria and apprehension of danger to his life. If the
individual is granted by the Turkey government
within the country itself, it is an example of
Territorial asylum.
If ‘A’ from Syria
approaches the US
Embassy in Syria for grant
of Asylum due to
imminent danger to his
life. If the US Embassy
grants the Asylum, it
becomes an example of
Extra-Territorial Asylum.
11. ASSYLUM IN INDIA
Different countries have different laws about asylum-seeking. India has laws regarding immigration and
asylum-seeking. The most recent law with asylum seeking that has caused the most controversy is
the Citizen Amendment Act with regards to refugees. Organisations like the UNHCR, help individuals
register for asylum. People who wish to apply must come for registration with all of your family members
who are present in India.
According to them, the following documents are needed-
•Case numbers of immediate family members who have been
registered with UNHCR (in India or elsewhere),
•Passport/nationality document/identity document,
•Birth certificates/vaccination cards for children,
•Marriage/divorce/death certificates,
•Any other documents you may have.
The candidate will be asked to explain why you left your country and why you cannot go back on a form.
12. DIFFERENCE BETWEEN EXTRADITION AND ASYLUM
Extradition is needed
when an individual
charged with a crime
in one state flees to
another. In this case,
the requesting state
requests its citizen to
be sent back so that
he/she can stand trial
for their crimes.
Asylum is when a
person, who is afraid
of being prosecuted
in his home state,
runs away to another
state for protection.
In the case
of Colombia vs Peru
(1950), it was held by
the court that they
are exclusive. There is
either extradition or
asylum.
Starke has stated that
asylum stops where
extradition begins.
Extradition and
Asylum are political
acts of States and it
differs from state to
state depending upon
treaties, internal and
external policies.
Extradition and
Asylum both have
pros and cons before
taking any decision
States should vividly
ponder on their
decisions.
13. ASYLUM EXTRADITION
1. Asylum can be defined as a shelter(more than a
temporary) as well as active protection which is
provided to a political refugee by a state to which a
person seeking shelter and protection.
1. Extradition is the formal process where by a state
requests from the requested state the return of a
person accused or convicted of a crime to stand trial or
serve a sentence in the requesting state.
2. A sovereign state has a right to give asylum to any
person seeking political asylum.
2. Extradition is not a right of a sovereign state from
which the political criminal escapes
3. Asylum does not depends on the nature of the crime
of person seeking asylum
3. A criminal shall not be surrendered to other state if
the offence of the criminal is of political nature.
4. It relates between a sovereign state and an individual 4. It is related to agreement or treaty between two
sovereign states.
5. Asylum is simple process compare to extradition 5. Extradition is a complex process compare to asylum
6. Asylum may be territorial or diplomatic 6. There is no such classification in case of extradition
14. ABOUT JULIAN ASSANGE
Julian Paul Assange, born on 3rd July 1971 is an Australian editor, publisher and activist who
founded WikiLeaks in 2006. He firstly appeared on the hacking scene in 1987 under the alias
“Mendax” as part of the group “International Subversives”. In 1991, after hacking into Nortel
Telecommunications Company, he was discovered and phone tapped by the Australian
Federal Police. Few months later, he was arrested and charged with a total of thirty-one
counts. Ultimately, in December 1996 he was ordered to pay reparations of $2100 with no jail
time due to his activities not being for personal gain or malice.
2006 is the year Julian Assange founded Wikileaks; an open-source website which provides a
collection of sensitive governmental documents. During this period material started pilling in
Wikileaks which until 2009 was far away from the global spotlight in the vastness of the
internet. Turning-point was the year 2010 when Wikileaks published “Collateral Murder”. An
until then classified video of a US military operation in Afghanistan along with classified US
Military Reports from Iraq and Afghanistan.
After the aforementioned publications on Wikileaks, it was widely reported that the US had
launched an investigation on Wikileaks with prosecutors trying to build a case against Julian
Assange accusing him of violations of the Espionage Act of 1917 and the Computer Fraud and
Abuse Act of 1986. Although, the fact that Julian Assange was not the leak of the information
but rather the recipient who disseminated them is crucial since he falls under First
Amendment’s strong protections of speech and press freedoms.
15. Julian Assange is an Australian editor, publisher, and founder of
WikiLeaks who was accused of a rape case and a molestation case by
the Sweden government. The Sweden government had filed for the
extradition of Assange and the UK Supreme Court had ordered for his
extradition to Sweden in May 2012. In June 2012, he was granted
asylum in England at the Embassy of Ecuador.
The reason was given that his human rights would be violated if he is
sent to Sweden. In 2015 Sweden dropped the charges against
Assange. In February 2012, the UN declared that he had been
‘arbitrarily detained’ by the Ecuador embassy. In May 2019 he was
sentenced for 50 weeks jail for breaching bail conditions.
He has also been accused of committing a crime against the United
States of America by releasing the confidential documents of the
United States of America on his website named ‘WikiLeaks’. The USA
has been trying to extradite him to their country.
SHORT SUMMARY OF THE CASE
16. TIMELINE OF EVENTS
In August 2010 Julian Assange traveled to
Sweden for the purposes of a lecture on
Wikileaks. In the duration of that month he
had sexual relations with two female
subjects.
18 August 2010- Mr Assange applies for a
residence permit to live and work in Sweden.
He hopes to create a base for Wikileaks there,
because of the country's laws protecting
whistleblowers.
20 August 2010- The Swedish Prosecutor's
Office issues an arrest warrant for Mr Assange
based on allegations of rape and molestation.
Both women reportedly say that what started
as consensual sex became non-consensual.
Wikileaks quotes Mr Assange as saying the
accusations are "without basis" and that their
appearance "at this moment is deeply
disturbing".
21 August 2010- The arrest warrant is
withdrawn. The lawyer for the two women,
Claes Borgstrom, lodges an appeal against this
decision to a special department in the public
prosecutions office.
31 August 2010- Mr Assange is questioned by
police in Stockholm (Capital of Sweden) and
formally told of the allegations against him,
according to his lawyer at the time, Leif
Silbersky. The activist denies the allegations.
1 September 2010- Sweden's Director of
Prosecution Marianne Ny says she
is reopening the rape investigation against Mr
Assange. "Considering information available
at present, my judgement is that the
classification of the crime is rape," she says.
17. 18 October 2010- Mr. Assange
is denied residency in Sweden. No
reason is given, although an
official on Sweden's Migration
Board tells the AFP news agency
"he did not fulfil the
requirements".
18 November 2010- Stockholm District Court approves a request to detain Mr
Assange for questioning on suspicion of rape, sexual molestation and unlawful
coercion. Ms Ny says he has not been available for questioning. By this time Mr
Assange has travelled to London. His British lawyer, Mark Stephens, says his
client offered to be interviewed at the Swedish embassy in London or Scotland
Yard or via videolink. He accuses Ms Ny of "abusing her powers" in insisting that
Mr Assange return to Sweden.
20 November 2010- Swedish
police issue an international
arrest warrant for Mr Assange via
Interpol.
8 December 2010- The Wikileaks
founder gives himself up to British
police and is taken to
an extradition hearing. He is
remanded in custody pending
another hearing.
16 December 2010- Mr Assange
is granted bail by the High
Court and is freed after his
supporters pay £240,000 in cash
and sureties.
24 February 2011- A British court
rules that Mr Assange should
be extradited to Sweden.
3 March 2011- Lawyers lodge
papers at the High Court for
an appeal against extradition.
18. 2 November 2011- The High Court upholds the
decision to extradite Mr Assange. (Julian Assange
v/s Swedish Prosecution Authority [2011] EWHC
2849)
5 December 2011- Mr Assange wins the right to
petition the UK Supreme Court directly after judges
rule that his case raised "a question of general
public importance".
30 May 2012- The Supreme Court rules that he
should be extradited to Sweden. (Assange v The
Swedish Prosecution Authority [2012] UKSC 22).
19 June 2012- Ecuador's foreign minister says Mr
Assange has applied for political asylum at
Ecuador's embassy in London.
15 August 2012- Ecuador's foreign minister claims
the UK has issued a "threat" to enter the
Ecuadorean embassy in London to arrest Mr
Assange. The Foreign Office says it reminded
Ecuador that it has the power to revoke the
diplomatic immunity of an embassy on UK soil and
says Britain has a legal obligation to extradite him.
16 August 2012- Ecuador grants asylum to Mr
Assange, saying there are fears his human rights
might be violated if he is extradited. Mr Assange
describes it as a "significant victory", but the UK
government expresses its disappointment. From
that day on he has lived within the grounds of the
embassy.
19. August 2015 - Swedish prosecutors
drop their investigation into two
allegations - one of sexual
molestation and one of unlawful
coercion - because they have run out
of time to question him. But he still
faces the more serious accusation of
rape.
October 2015 - The Metropolitan
Police announces that officers will no
longer be stationed outside the
Ecuadorean embassy.
February 2016 - A UN panel rules that
Mr Assange has been "arbitrarily
detained" by UK and Swedish
authorities since 2010.
May 2017 - Sweden's director of
public prosecutions announces that
the rape investigation into Mr
Assange is being dropped.
July 2018 - The UK and Ecuador
confirm they are holding talks over
the fate of Mr Assange.
October 2018 - Mr Assange is given a
set of house rules by the Ecuadorean
embassy.
October 2018 - It's revealed he is to
launch legal action against the
government of Ecuador - accusing it
of violating his "fundamental rights
and freedoms"
20. December 2018 - Mr Assange's lawyer rejects an
agreement announced by Ecuador's president that
would see him leave the Ecuadorean embassy.
February 2019 - Australia grants Mr Assange a new
passport amid fears Ecuador may bring his asylum
to an end.
April 2019 - The Metropolitan Police enter the
embassy and detain him for "failing to surrender
to the court" over a warrant issued in 2012.
Assange has been confined in Belmarsh maximum-
security prison (London) since April 2019.
May 2019 - Mr Assange is sentenced to 50 weeks
in jail for breaching his bail conditions.
May 2019 - Sweden reopens the sexual assault
investigation and the US files 17 new charges against Mr
Assange violating the Espionage Act of 1917. It was Editors
from newspapers, including The Washington Post and The
New York Times, as well as press freedom organisations,
criticised the government's decision to charge Assange
under the Espionage Act, characterising it as an attack on
the First Amendment to the United States Constitution,
which guarantees freedom of the press.
November 2019 - Swedish prosecutors discontinue
an investigation into an allegation of rape against
Mr Assange
21. On 4 January 2021, District Judge Vanessa Baraitser
ruled against the United States' request to extradite
him and stated that doing so would be "oppressive"
given his mental health.
On 6 January 2021, Assange was denied bail on the
grounds that he was a flight risk, pending an appeal
by the United States
The US prosecutors lodged an appeal on 15
January.A spokesman for the U.S. Department of
Justice confirmed in mid-February 2021 that it
would continue the appeal under the new Biden
administration.
Following the decision by Judge Vanessa Baraitser to deny
extradition on the grounds that it would be "oppressive to
extradite [Assange] to the United States," in July 2021 the Biden
administration provided assurances to the Crown Prosecution
Services that "Mr Assange will not be subject to SAMs or
imprisoned at ADX (unless he were to do something subsequent
to the offering of these assurances that meets the tests for the
imposition of SAMs or designation to ADX)".
On 11 August 2021 in the High Court, Lord Justice Holroyde decided that Judge
Baraitser may have given too much weight to what Holroyde called "a misleading
report" by an expert witness for the defence, psychiatrist Prof Michael Kopelman,
and that the contested risk of suicide could now form part of the appeal.The High
Court is expected to convene a full appeal hearing on October 27.
22.
23. The Vienna Convention on
Diplomatic Relations, 1961
The Vienna Convention on Diplomatic Relations is a multilateral
treaty (60 Signatories) adopted on 14 April 1961 by the United
Nations Conference on Diplomatic Intercourse and Immunities.
Furthermore, the Conference also adopted the Optional
Protocol concerning the Acquisition of Nationality, the Optional
Protocol concerning the Compulsory Settlement of Disputes, the
Final Act and four resolutions annexed to that Act. Up until
today it forms the solid core of diplomatic international law and
practice. It has successfully set a framework for the smooth
development of relations with most violations coming from the
actions of non-state actors.
24. The term “Diplomatic Asylum” is key in the case of Assange. There is an important differentiation
in the policies of the two countries with Ecuador having signed the Caracas Convention on
Diplomatic Asylum (1954) which recognizes that “Asylum granted in legations, war vessels, and
military camps or aircraft, to persons being sought for political reasons or for political offenses
shall be respected by the territorial State”. On the other hand, the UK has not signed the Caracas
Convention and does not recognize the existence of any type of diplomatic asylum status.
As a consequence, Ecuador accepts the existence of diplomatic asylum while “The UK does not
accept the principle of diplomatic asylum. It is far from a universally accepted concept: The United
Kingdom is not a party to any legal instruments which require us to recognise the grant of
diplomatic asylum by a foreign embassy in this country. Moreover, it is well established that, even
for those countries which do recognise diplomatic asylum, it should not be used for the purposes
of escaping the regular processes of the courts. And in this case that is clearly what is
happening.”15 Given that no convention on diplomatic asylum exists between Ecuador and the
UK the latter is not obliged to recognize the actions of the first. Furthermore, Assange up until
today is not member of the mission hereby not falling under Article 1 of the Geneva Convention
and all related immunities. His case is a matter of premises inviolability since Ecuador decided to
accommodate him inside its embassy.
25. Ecuador in 2012 granted Julian Assange diplomatic asylum, allowing
him to be accommodated inside its embassy in London. At that time,
both an extradition request by Swedish authorities and related legal
proceedings in British courts were active. The British government,
which does not recognize the notion of diplomatic asylum,
condemned the Ecuadorean Decision.
While Assange is for United Kingdom subject to arrest, his physical
living space, the embassy of Ecuador, is protected by the Vienna
Convention. As a consequence, from a legal perspective, UK police
cannot practically arrest him. The idea for Assange to flee the country
either in a diplomatic bag or diplomatic vehicle is not realistic. The
first scenario, of the diplomatic bag, would be bound to fail as
previous cases and customary law have shown. The second scenario is
unfeasible since Assange would have to walk towards the car an out
of the car on ground that is not protected by the Vienna Convention.
26. The case of Julian Assange will prove to be vital in the future. The world is
becoming thoroughly interconnected and the internet empowers individuals
to affect national policies. With the number of whistleblowers on the rise
and the challenges western democracies experience we are bound to face
similar cases in the future. The case of Assange provides governments the
dilemma of either securing and respecting the Vienna Convention which has
brought relative stability for half a century thus maintaining the status quo
or violate it and consequentially create legal precedent that will introduce a
new era of diplomatic law.
CONCLUSION