The Australian Government has to get involved: Greg Barns SC on the plight of Julian Assange – Criminal Law – Australia – Mondaq News Alerts

To print this article, all you need is to be registered or login on Mondaq.com.

Last week marked the close of evidence in the currentproceedings involving Julian Assange. The United States isattempting to have the Australian journalist and publisherextradited from the UK, under the UK-US Extradition Treaty.

This is somewhat suspect as the treaty specifically rules out extradition when the criminal charges involved arepolitical in nature. And seventeen of the eighteen charges laidagainst the Wikileaks founder are espionage related.

Another stark anomaly is that the US government has reachedacross international borders and arrested an Australian citizenover publishing material that took place on foreign soil. Andmeanwhile, the UK has remanded Julian in prison for over a year now.

Presiding over the case in the Old Bailey, Judge VanessaBaraitser indicated at the end of the hearings that she won'tbe handing down her final decision until 4 January: two months after the US presidentialelection.

The eighteen charges Assange is facing carry maximum penaltiesthat add up to 175 years. And the court heard last week that if theAustralian journalist is extradited and subsequently convicted, he's likely to be sent to the federal supermax prison inColorado: the nation's toughest.

Also known as ADX Colorado, this maximum security facility is reserved for those who've been convicted of the mostheinous crimes: the Mexican drug lord El Chapo, the Unabomber, anOklahoma bombing conspirator and the coordinator of the World TradeCentre bombing.

If incarcerated in this centre, Julian would also likely beplaced on the special administrative measures regime or SAMS. This wouldinvolve no communications with other inmates or the outside world,except for one half hour phone call a month.

SAMS also involves being placed in continuous solitaryconfinement, with limited exercise time, which is taken alone. Thisconstitutes torture in most rationally minded books, including theUN'sMandela Rules on the minimum standard treatment ofprisoners.

Australian barrister Greg Barns co-signed the Lawyers forAssange openletter in mid-August, calling on the UK government to releaseJulian, and calling out the torturous treatment the Australiancitizen is already subjected to in London's BelmarshPrison.

As an advisor to the Assange campaign, Mr Barns is keenly awareof the injustices and inconsistencies that are involved in the caseof the man who revolutionised journalism, only to be persecuted forit.

And Barns asserts the Australian government needs to step in toassist the Townsville-born man.

SydneyCriminal Lawyers spoke to Greg Barns SC about the Kafkaesquenature of the extradition trial, the reasons Assange's plightshould be of concern to all Australians, and why it's timelocal journalists put the pressure on foreign minister MarisePayne.

There is no doubt this case is a travesty of justice, at anumber of levels. Firstly, the charges themselves are inherentlypolitical.

It needs to be remembered that the United States are seeking toextradite Assange because he revealed serious war crimes committedby the US in the theatres of war of Iraq and Afghanistan, mostgraphically illustrated by the video CollateralMurder.

It also needs to be remembered that this is the first occasionthe United States has sought to use domestic espionage laws againsta person who has not entered the United States jurisdiction, is nota citizen of the United States, and who has published materialwhich is seen to be adverse to the interests of the UnitedStates.

So, the precedent that's set is quite dangerous for anyother person including journalists who publishmaterial which the United States considers to be adverse to itsinterests, in circumstances where that person never enters theUnited States jurisdiction physically or even in an onlinesense.

The other issue is in relation to the fact that JulianAssange's lawyers in London have had a difficult time beingable to access their client.

He's being held at Belmarsh Prison, which is maximumsecurity. He's being held in conditions which are clearlyinhumane, including effective solitary confinement.

And his lawyers have been acting in circumstances wherethey've had great difficulties in getting access to theirclient.

They're three of the most obvious points that can be madeabout this particular process.

Firstly, it's a complex case, and I'm not privy to thejudge's workload. Although it would have been preferable tohave this matter resolved before Christmas and the new year. But itwill be resolved on 4 January in terms of this court.

Again, this proves the point that this case is inherentlypolitical, as there's no doubt there may be some shift inposition on the part of the United States Department of Justiceafter the election.

But you would not want to take that risk, because at the end ofthe day, if Julian is extradited to the United States, he faces aneffective death penalty of 175 years.

So, simply waiting for a new administration in the United Statesto get around to looking at the Assange case is not in my viewsufficient.

There is an urgency about this case for a whole range ofreasons, including the fact that it's a threat to freedom ofspeech, and it needs to be resolved quickly.

One would have thought that there's sufficient technologytoday to ensure that more people get bail, and that includes JulianAssange.

There's no doubt that his detention has led to adeterioration in his mental and physical health. There was evidenceof that in the hearing. And his detention has made life verydifficult for his lawyers in terms of obtaining instructions.

So, it does mean that there's an inherent unfairness aboutthe way in which the proceedings are being conducted.

That evidence was extraordinary, and it confirmed what a numberof us have been saying for many years: that if Julian Assange isextradited to the United States, he will face on a daily basiscruel and unusual punishment and torture, and he will face aneffective death penalty.

The real issue here is, why does the Australian government standaside from this process, sit on its hands and refuse to assist anAustralian citizen in circumstances when that's the future forthem.

If this was a case where Julian Assange was being extradited toChina, the Australian government would be pulling out allstops.

It has to get involved in this case, if for no other reason thanthat sort of punishment should not be tolerated and no Australian in fact, no person should have to endure it.

Successive governments have failed to deal with Julian'scase. I would say a notable exception was Julie Bishop, who, in mydealings with her indirectly, treated this matter more seriouslythan others.

Australia's alliance with the United States is such that theAustralian government thinks for some reason this is not a matterthat it can put on the table for negotiation.

Well, that is wrong.

There is no loyaler ally, as Bob Carr, the former foreignerminister, has said. And therefore, there's no ally in a betterposition to ensure that one of its citizens is not subjected to aneffective death penalty. And that's what needs to happen.

Every Australian should be concerned. It could be you. It couldbe any of us. And that is not an exaggeration.

I am surprised that more Australian journalists have not beenpushing foreign minister Marise Payne on this issue, because thiscase represents a direct threat to freedom of speech for thereasons I've outlined earlier.

It's fundamentally important that the Australian mediainvolve themselves more in this case. They did so in the case ofDavid Hicks some years ago now, in different circumstances. Andthey need to do so again, because it's a direct threat tofreedom of the press.

But it's also a direct threat to the life of an Australiancitizen.

The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circumstances.

Go here to read the rest:

The Australian Government has to get involved: Greg Barns SC on the plight of Julian Assange - Criminal Law - Australia - Mondaq News Alerts