Assange arbitrarily detained by Sweden and the UK: UN Panel

Julian Assange arbitrarily detained by Sweden and the UK, UN expert panel finds

GENEVA (5 February 2016) – WikiLeaks founder Julian Assange has been arbitrarily detained by Sweden and the United Kingdom since his arrest in London on 7 December 2010, as a result of the legal action against him by both Governments, the United Nations Working Group on Arbitrary Detention said today.

In a public statement, the expert panel called on the Swedish and British authorities to end Mr. Assange’s deprivation of liberty, respect his physical integrity and freedom of movement, and afford him the right to compensation (Check the statement: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=17012&LangID=E)

Mr. Assange, detained first in prison then under house arrest, took refuge in Ecuador’s London embassy in 2012 after losing his appeal to the UK’s Supreme Court against extradition to Sweden, where a judicial investigation was initiated against him in connection with allegations of sexual misconduct. However, he was not formally charged.

“The Working Group on Arbitrary Detention considers that the various forms of deprivation of liberty to which Julian Assange has been subjected constitute a form of arbitrary detention,” said Seong-Phil Hong, who currently heads the expert panel.

“The Working Group maintains that the arbitrary detention of Mr. Assange should be brought to an end, that his physical integrity and freedom of movement be respected, and that he should be entitled to an enforceable right to compensation,” Mr. Hong added.

In its official Opinion, the Working Group considered that Mr. Assange had been subjected to different forms of deprivation of liberty: initial detention in Wandsworth Prison in London, followed by house arrest and then confinement at the Ecuadorean Embassy.

The experts also found that the detention was arbitrary because Mr. Assange was held in isolation at Wandsworth Prison, and because a lack of diligence by the Swedish Prosecutor’s Office in its investigations resulted in his lengthy loss of liberty.

The Working Group established that this detention violates Articles 9 and 10 of the Universal Declaration on Human Rights, and Articles 7, 9(1), 9(3), 9(4), 10 and 14 of the International Covenant on Civil and Political Rights.

Check the Working Group’s Opinion on Julian Assange’s case (No. 54/2015), adopted in December: http://www.ohchr.org/Documents/Issues/Detention/A.HRC.WGAD.2015.docx

NOTE TO EDITORS:
The Opinions of the Working Group on Arbitrary Detention are legally-binding to the extent that they are based on binding international human rights law, such as the International Covenant on Civil and Political Rights (ICCPR). The WGAD has a mandate to investigate allegations of individuals being deprived of their liberty in an arbitrary way or inconsistently with international human rights standards, and to recommend remedies such as release from detention and compensation, when appropriate.
The binding nature of its opinions derives from the collaboration by States in the procedure, the adversarial nature of is findings and also by the authority given to the WGAD by the UN Human Rights Council. The Opinions of the WGAD are also considered as authoritative by prominent international and regional judicial institutions, including the European Court of Human Rights.

ENDS

Mr. Seong-Phil Hong (Republic of Korea) is the Chairman-Rapporteur of the Working Group on Arbitrary Detention. Other members of the Working Group are Ms. Leigh Toomey (Australia); Mr. José Antonio Guevara Bermúdez (Mexico); Mr. Roland Adjovi Sètondji (Benin) and Mr. Vladimir Tochilovsky (Ukraine). Learn more, log on to: http://www.ohchr.org/EN/Issues/Detention/Pages/WGADIndex.aspx

The UN Working Groups are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures’ experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.

The Universal Declaration on Human Rights: http://www.ohchr.org/EN/Library/Pages/UDHR.aspx
The International Covenant on Civil and Political Rights:
http://www.ohchr.org/EN/ProfessionalInterest/Pages/CCPR.aspx.

UN Human Rights, Country Pages:
Sweden: http://www.ohchr.org/EN/Countries/ENACARegion/Pages/SEIndex.aspx
United Kingdom: http://www.ohchr.org/EN/Countries/ENACARegion/Pages/GBIndex.aspx

- See more at: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=17013&LangID=E#sthash.KHb2p5U1.dpuf

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The Working Group on Arbitrary Detention Deems the deprivation of liberty of Mr. Julian Assange as arbitrary

On 4 December 2015, the Working Group on Arbitrary Detention (WGAD) adopted Opinion No. 54/2015, in which it considered that Mr. Julian Assange was arbitrarily detained by the Governments of Sweden and the United Kingdom of Great Britain and Northern Ireland. In that opinion, the Working Group recognized that Mr. Assange is entitled to his freedom of movement and to compensation. The application was filed with the Working Group in September 2014. The Opinion 54/2015 was sent to the Governments of Sweden and the United Kingdom of Great Britain and Northern Ireland on 22 January 2016 in accordance with the Working Group’s Methods of Work.

Given that Mr. Assange is an Australian citizen, one of the members of the Working Group who shares his nationality recused herself from participating in the deliberations. Another member of the Working Group disagreed with the position of the majority and considered that the situation of Mr. Assange is not one of detention and therefore falls outside the mandate of the Working Group.

In mid-2010, a Swedish Prosecutor commenced an investigation against Mr. Assange based on allegations of sexual misconduct. On 7 December 2010, pursuant to an international arrest warrant issued at the request of the Swedish Prosecutor, Mr. Assange was detained in Wandsworth Prison for 10 days in isolation. Thereafter, he was subjected to house arrest for 550 days. While under house arrest in the United Kingdom, Mr. Assange requested the Republic of Ecuador to grant him refugee status at its Embassy in London. The Republic of Ecuador granted asylum because of Mr. Assange’s fear that if he was extradited to Sweden, he would be further extradited to the United States where he would face serious criminal charges for the peaceful exercise of his freedoms. Since August 2012, Mr. Assange has not been able to leave the Ecuadorian Embassy and is subject to extensive surveillance by the British police.

The Working Group considered that Mr. Assange has been subjected to different forms of deprivation of liberty: initial detention in Wandsworth prison which was followed by house arrest and his confinement at the Ecuadorian Embassy. Having concluded that there was a continuous deprivation of liberty, the Working Group also found that the detention was arbitrary because he was held in isolation during the first stage of detention and because of the lack of diligence by the Swedish Prosecutor in its investigations, which resulted in the lengthy detention of Mr. Assange. The Working Group found that this detention is in violation of Articles 9 and 10 of the UDHR and Articles 7, 9(1), 9(3), 9(4), 10 and 14 of the ICCPR, and falls within category III as defined in its Methods of Work.

The Working Group therefore requested Sweden and the United Kingdom to assess the situation of Mr. Assange to ensure his safety and physical integrity, to facilitate the exercise of his right to freedom of movement in an expedient manner, and to ensure the full enjoyment of his rights guaranteed by the international norms on detention. The Working Group also considered that the detention should be brought to an end and that Mr. Assange should be afforded the right to compensation.

5 February 2016

Check the Working Group’s Opinion on Julian Assange’s case (No. 54/2015), adopted in December: http://www.ohchr.org/Documents/Issues/Detention/A.HRC.WGAD.2015.docx

- See more at: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=17012&LangID=E#sthash.1wEkcBGf.dpuf

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