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Ministerial Correspondence Unit, Ministry of Justice , 102 Petty France, London , SW1H 9AJ , DX 152380 Westminster 8
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Minister of Justice
Lord Chancellor and Secretary of State for Justice and Deputy Prime Minister
Concerning the case of award-winning Australian journalist Julian Assange who, despite your Governments' recent ( 20th of September 2021 )reaffirmation of its commitment to the Declaration Against Arbitrary Detention in State to State Relations, remains arbitrarily detained in solitary confinement in Belmarsh Maximum Security Prison in London in conditions that the United Nations Special Rapporteur Dr Nils Melzer has deemed amount to torture.
This is totally unacceptable and is inconsistent with your own Government’s statement :
"Arbitrary detention is a hallmark of authoritarian regimes and its use is a tool of political intimidation. Arbitrary detention not only violates human rights, but also undermines the trust in institutions that keeps societies safe and open.
We know that persons in marginalised and vulnerable situations, as well as human rights defenders, journalists, and civil society activists are more often arbitrarily detained. We further recognise that persons who are arbitrarily detained are at greater risk of being subjected to other human rights violations.
This year, the United Kingdom has supported the Canadian-led Declaration against Arbitrary Detention in State-to-State relations, and we have committed to working with the G7 and other like-minded partners to end the practice." ENDS.
Julian Assange is being subjected to intimidation and reprisals by the states ( the United States of America and its allies ) which are implicated by the evidence published by Wikileaks which Mr Assange was Editor-In-Chief of, of their respective military forces having committed multiple, serious breaches of the Geneva Conventions and other Human Rights laws during their invasions and occupations of Iraq and Afghanistan - in which thousands of civilians lost their lives, their loved ones, their homes and their livelihoods.
In order to ensure that such atrocities never be repeated again in our name, our journalists must be free to investigate and to report on the excesses and abuses of power – especially in the sensitive area of ‘national security’ - as is their role in a functioning, transparent, law-abiding accountable and responsive democracy, regardless whether that is popular with the government of the day.
As Minister of Justice, you have the responsibility to ensure that the United Kingdom’s integrity and reputation remains intact and that it is deserving of the trust and respect of the international community with its actions being consistent with its own word and with the rule of law. Ensuring that your Courts and Institutions abide by these agreements and implement the recommendations of the United Nations Human Rights Council and the Office of the High Commissioner for Human Rights with Britain being a signatory to the 1948 International Declaration of Human Rights ,The International Covenant on Civil and Political Rights and The 2021 Declaration Against Arbitrary Detention in State to State Relations will help to achieve this.
The UK government must abide by the UN Human Rights Council's 2015 ruling, adopted on the 4th of December 2015 to ensure Julian Assange’s right of free movement - as per Article 5 of the Human Rights Act - and accord him an enforceable right to compensation, in accordance with article 9(5) of the International Covenant on Civil and Political Rights.
Indeed it appears that under your own Human Rights Act, the ongoing persecution of Julian Assange is in breach of the following Articles :
Article 3: Freedom from torture and inhuman or degrading treatment
Article 6 : Right to a Fair Trial
Article 7 : No punishment without law
Article 10 : Freedom of Expression
Article 14 : Protection from Discrimination requires that all of the rights and freedoms set out in the Act
must be protected and applied without discrimination
Julian Assange must be released immediately, guaranteed safe passage and freedom of movement and the right to seek compensation.
Thank you for your attention to this important matter.
Signed :
Date :
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