To the Minister of Foreign Affairs and Trade : Rt Hon Winston Peters : Urgent : Requesting Diplomatic Protest to the UK and USA re Arbitrary Detention , Psychological Torture and Extradition of Julian Assange.
Please COPY EVERYTHING BELOW THE BOTTOM OF THIS MESSAGE AND SEND TO <W.Peters@ministers.govt.nz>
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and please BCC to : newzealandersforjulianassange@gmail.com
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Nga mihi nui. Thank you for your attention to this extremely important matter.
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To the Rt Hon Winston Peters
Minister of Foreign Affairs and Trade.
Kia ora Minister .
It was very encouraging to see that : "GENEVA (6 February 2024) – The UN Special Rapporteur on Torture, Alice Jill Edwards, today urged the Government of the United Kingdom (UK) to halt the possible extradition of Julian Assange to the United States of America."
I, .......................................... am writing to express my support for New Zealanders For Julian Assange request that as Minister of Foreign Affairs, The Ministry of Foreign Affairs and Trade immediately lodges a diplomatic protest with :
-The U.S. Embassy In New Zealand requesting that the U.S. Ambassador convey our concerns to The United States Attorney General, Merrick Garland asking that charges against Julian Assange be dropped and that the case for his extradition from the U.K. be discontinued.
-The British High Commission over its refusal to abide the Declaration Against Arbitrary Detention in State to State Relations (2021) with which New Zealand is a co-signatory, 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 which contravenes section 134 of the U.K. Criminal Justice Act.
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.
Latest news ( 19th of January 2024 ) : The date for Julian Assange's extradition hearing has been set for the 20-22nd of February 2024 at the High Court in London. Assange's lawyers have also applied to the European Court of Human Rights, which could potentially block his extradition to the U.S.where he faces charges under the Espionage Act which have a potential sentence of 175 years.
The ongoing persecution , arbitrary detention, psychological torture 'intimidation and reprisals' being inflicted against Julian Assange ( Prisoner #A9379AY @ HMP Belmarsh ) contravenes the protections laid out in the New Zealand Protected Disclosures Act 2022 and we have grave concerns that this case will set a precedent by which extra-territorial overreach will become the 'new normal' for the United States and possibly other governments.
The 70 strong cross-party Bring Julian Assange Home group sent a delegation of Australian politicians to visit Washington D.C. on the 21st of September 2023 to ask for Julian Assange's release.
The United Nations Working Group on Arbitrary Detention and Free Speech , the U.N. Special Rapporteur on Torture, Amnesty International,
Reporters Without Borders, The International Federation of Journalists , the European Centre For Press and Media Freedom, the Council of Europe Commissioner for Human Rights, The European Federation of Journalists , are among many of those calling for the immediate release of Julian Assange. The Roman government has offered Assange Honorary Citizenship and the Mexican government has offered Political Asylum.
A petition presented to the New Zealand government in 2018 to ask that we offer political asylum to Assange was refused.
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 the average bathroom now for 1744 days ( since 2019-04-11 )
in what the United Nations call 'intimidation and reprisals' for his having published evidence of multiple,deliberate and systematic breaches of the Geneva Conventions hby 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 following the 2003 invasion.
The case of Julian Assange is absolutely pivotal to the future of the transparent and accountable democracy and indeed to the future of human civilization as his persecution is already having a chilling effect on the willingness of journalists to investigate and to hold power to account , and his imminent extradition to the U.S.A from the U.K and potential prosecution under the Espionage Act will set precedents which will have serious implications especially with regard to matters of national security and to any investigative journalism that exposes abuses and excesses by the powers-that-be - anywhere in the world ( including New Zealand ).
Requests by some of our members to the previous government's Minister of Foreign Affairs were 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 a multiple 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.
re 'relevant International Conventions' ( as referred to in the previous Minister's 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.
HMP Belmarsh - Maximum Security Prison 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.
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.
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