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Assange charges ‘should never have been brought’, says IBAHRI

The International Bar Association’s Human Rights Institute (IBAHRI) has welcomed the release from prison of Julian Assange following a 14-year legal battle as a result of the publication of thousands of leaked US government documents.

user iconGrace Robbie 01 July 2024 Politics
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In late June, Julian Assange, the founder of WikiLeaks, was released from the high-security Belmarsh prison in the UK after serving five years of enforced detention as a result of his involvement in the publication of over 250,000 classified US military documents that revealed alleged human rights abuses by the US Army during the Afghanistan and Iraq wars in 2010.

His release followed a plea deal negotiated by his legal team with the US Department of Justice. As part of the agreement, Assange pleaded guilty to one of the 18 charges he faced, leading to the dropping of the remaining charges.

Assange then travelled to Saipan, Northern Mariana Islands, an American territory in the Pacific, to attend a hearing. There, he pleaded guilty to the charge of conspiracy to obtain and disclose national defence information under the US Espionage Act.

Presiding District Judge Ramona Villagomez Manglona imposed a sentence of five years and two months on Assange, which was equivalent to the time he had already spent in the UK while contesting his extradition to the United States. Following this decision, Assange was able to leave the courtroom as a free man and subsequently returned to Canberra last week.

The IBAHRI has expressed its support for the ruling, with director Baroness Helena Kennedy LT KC expressing how “relieved” she is of Assange’s release from prison and being granted his freedom.

“After many years, we are relieved to see Julian Assange finally return to Australia a free man after what has been a horrendous judicial saga for him and his family,” she said.

Baroness Kennedy further commented: “The IBAHRI has closely followed this case with concern, as investigative and public interest journalism were also on trial. As part of the global human rights and press freedom community, it has been necessary for us to advocate for the protection of free expression and defend a free media.

“Mr Assange provided the world with information that was of public interest. Prosecutorial charges should never have been brought against the WikiLeaks founder for doing so.”

IBAHRI co-chair and former secretary-general of the Swedish Bar Association, Anne Ramberg Dr Jur hc, shares similar sentiments with Baroness Kennedy. She expressed her relief at the decision while also criticising the US for its actions against Assange.

Whilst IBAHRI welcomes this outcome, we cannot ignore the fact these charges should never have been brought by the United States. All charges should have been dropped by the US, and Julian Assange should have been allowed to walk away a free man without having to agree to a plea deal, in the absence of which a sentence could have been imposed of almost two centuries.

“It is undeniable that what has transpired has the gravest of implications on investigative journalism globally. We urge the US, the UK and all states to take actions to facilitate a safe and enabling environment for the media, without fear of harassment, intimidation or the threat of lawfare and to respect the right to collect, receive and ultimately publish information deemed to be in the public interest,” she said.

Ramberg further criticised the lengthy and persistent pursuit of Assange over the course of a decade, contrasting it with the minimal effort to investigate the alleged war crimes exposed by Assange regarding the US military.

“I reiterate that the relentless and vigorous pursuit of Mr Assange over more than a decade has not been matched with the same ardent effort to investigate those in the US military allegedly responsible for potential war crimes that he placed in the public domain – seemingly causing the premature deaths of Afghan and Iraqi civilians. An independent enquiry composed of international actors is essential,” she said.

The IBAHRI has consistently expressed its support for Julian Assange by formally urging US President Joe Biden to dismiss all charges against Assange related to the release of classified information by WikiLeaks at the beginning of June.

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