Kia ora Minister Mahuta ( et al )

                                        The situation for award-winning Australian publisher Julian Assange continues to deteriorate in London's HMP Belmarsh maximum security prison where he has been arbitrarily detained 'on remand' in 23 hour per day solitary confinement in a windowless cell no bigger than your bathroom now for 1579 days in what the United Nations call 'intimidation and reprisals'  for his having published evidence of multiple,deliberate and systematic breaches of the Geneva Conventions by U.S. military personnel during their illegal invasions and occupations of Iraq and Afghanistan. The U.S. Department of Justice has recently reaffirmed its intention to pursue Julian Assange's extradition to the U.S. to face charges under the Espionage Act.  Through his publication of the Iraq War Logs it was revealed that , according to their own (hitherto secret) records, their personnel had killed 66,081 civilians since the 2003 invasion. 

The case of Julian Assange is absolutely pivotal to the democratic governance model and indeed to the future of human civilization as his mistreatment is setting precedents that will effectively put an end to the freedom and willingness of journalists to investigate and to hold power to account , especially with regard to matters of national security.

Our previous requests to your office have been answered with a pro-forma response , stating :

Tēnā koe Alan Preston

Thank you for your email of 19 February 2021.

Aotearoa New Zealand is a strong proponent of the international rules based system.

Aotearoa New Zealand and the international community both have an interest in seeing the human rights of detainees protected, and their cases handled in accordance with the rule of law and relevant international conventions.

The New Zealand Government has not taken a position on Mr Assange’s current judicial proceedings or his detention. These are matters for Mr Assange and his legal representatives to resolve with the relevant authorities.

Heoi anō,

Hon Nanaia Mahuta

Minister of Foreign Affairs/Te Minita o Te Manatū Aorere

We are concerned that this statement assumes that this case is being handled in accordance with British Law when further investigation has revealed that there are numerous blatant and dangerous departures from it.

Julian Assange's human rights are being flagrantly abused - as has been verified by the U.N. working groups on Arbitrary Detention and Torture - with the Special Rapporteur on Torture , Professor Dr Nils Melzer having written a book : The Trial Of Julian Assange  and spoken out publicly against what he has observed. ( Audio from Radio New Zealand Interview 20220212 ) . The United Nations working groups have also deemed that Julian Assange had the right ( freedom of speech ) to publish and have decreed that he has the right to freedom of movement and to apply for compensation.

We are talking about an award-winning Australian publisher here. 

This lengthy analysis of the (il)legality by retired British diplomat Craig Murray provides substantiation of our concerns about the shocking precedents that are being set.

We hereby request that as Minister of Foreign Affairs, The Ministry of Foreign Affairs and Trade immediately lodges a diplomatic protest to the government of the United Kingdom over its refusal to abide the Agreement Against Arbitrary Detention in State to State Relations (2021) with respect to the ongoing arbitrary detention of Julian Assange and to express our concern over  the U.K. government's refusal to abide by the U.N. Special Rapporteur On Torture's ruling that : the conditions of Julian Assange's detention are indeed 'arbitrary ' and that the conditions in which he is being held  amount to psychological torture.

Only by giving effect to the immediate release of Julian Assange with his being guaranteed safe passage to a destination of his choosing can this matter be put to rest.

re 'relevant International Conventions' ( as referred to in your pro-forma response )

Prisoner #A9379AY, Julian Assange is being held in contravention to the Declaration Against Arbitrary Detention in State to State Relations AND Section 134 of the Criminal Justice Act ( torture ).

The UK , New Zealand, USA and Australia are all signatories to the Declaration Against Arbitrary Detention in State to State Relations which the UK reaffirmed its support for back on the 20th of September 2021 stating :

"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."

The United Nations has deemed Julian Assange's detention to be 'arbitrary' therefore he must be released immediately and provided safe passage to a destination of his choosing .

The U.N. special rapporteur on torture has also deemed that the conditions of Julian Assange's arbitrary detention amount to psychological torture.

Your institution is in breach of The UK Human Rights Act and may be liable for prosecution under the Act.

Torture is an offence in the UK if undertaken by a public official, whether or not a UK citizen or whether or not the torture was carried out in the UK. Section 134 of the Criminal Justice Act 1988 provides

(1) A public official or person acting in an official capacity, whatever his nationality, commits the offence of torture if in the United Kingdom or elsewhere he intentionally inflicts severe pain or suffering on another in the performance or purported performance of his official duties.

(2) A person not falling within subsection (1) above commits the offence of torture, whatever his nationality, if-

(a) in the United Kingdom or elsewhere he intentionally inflicts severe pain or suffering on another at the instigation or with the consent or acquiescence-

(i) of a public official; or

(ii) of a person acting in an official capacity; and

(b) the official or other person is performing or purporting to perform his official duties when he instigates the commission of the offence or consents to or acquiesces in it.

Governments must show greater commitment to tackle trture at home, special rapporteur tells human rights council

The United Nations has also deemed that Julian Assange has the right to be compensated and that he has the right of freedom of expression to continue his work as a publisher.

Nga mihi nui.

Naku noa na Alan William Preston

for New Zealanders For Julian Assange.

7th of August 2023.

newzealandersforjulianassange@gmail.com

Website :  www.newzealandersforjulianassange.org.nz

Facebook Group : New Zealanders For Julian Assange

Contact: Alan William Preston on 02102377242