According to UN torture expert, the UK and US have colluded to publicly destroy the WikiLeaks founder – and deter others from exposing their crimes
Middle East Eye – 4 May 2022
The British home secretary, Priti Patel, will decide this month whether Julian Assange is to be extradited to the United States, where he faces a sentence of up to 175 years – served most likely in strict, 24-hour isolation in a US super-max jail.
He has already spent three years in similarly harsh conditions in London’s high-security Belmarsh prison.
The 18 charges laid against Assange in the US relate to the publication by WikiLeaks in 2010 of leaked official documents, many of them showing that the US and UK were responsible for war crimes in Iraq and Afghanistan. No one has been brought to justice for those crimes.
Instead, the US has defined Assange’s journalism as espionage – and by implication asserted a right to seize any journalist in the world who takes on the US national security state – and in a series of extradition hearings, the British courts have given their blessing.
The lengthy proceedings against Assange have been carried out in courtrooms with tightly restricted access and in circumstances that have repeatedly denied journalists the ability to cover the case properly.
Despite the grave implications for a free press and democratic accountability, however, Assange’s plight has provoked little more than a flicker of concern from much of the western media.
Few observers appear to be in any doubt that Patel will sign off on the US extradition order – least of all Nils Melzer, a law professor, and a United Nations’ special rapporteur.
In his role as the UN’s expert on torture, Melzer has made it his job since 2019 to scrutinise not only Assange’s treatment during his 12 years of increasing confinement – overseen by the UK courts – but also the extent to which due process and the rule of law have been followed in pursuing the WikiLeaks founder.
Melzer has distilled his detailed research into a new book, The Trial of Julian Assange, that provides a shocking account of rampant lawlessness by the main states involved – Britain, Sweden, the US, and Ecuador. It also documents a sophisticated campaign of misinformation and character assassination to obscure those misdeeds.
The result, Melzer concludes, has been a relentless assault not only on Assange’s fundamental rights but his physical, mental, and emotional wellbeing that Melzer classifies as psychological torture.
The UN rapporteur argues that the UK has invested far too much money and muscle in securing Assange’s prosecution on behalf of the US, and has too pressing a need itself to deter others from following Assange’s path in exposing western crimes, to risk letting Assange walk free.
It has instead participated in a wide-ranging legal charade to obscure the political nature of Assange’s incarceration. And in doing so, it has systematically ridden roughshod over the rule of law.
Melzer believes Assange’s case is so important because it sets a precedent to erode the most basic liberties the rest of us take for granted. He opens the book with a quote from Otto Gritschneder, a German lawyer who observed up close the rise of the Nazis, “those who sleep in a democracy will wake up in a dictatorship”.
Back to the wall
Melzer has raised his voice because he believes that in the Assange case any residual institutional checks and balances on state power, especially those of the US, have been subdued.
He points out that even the prominent human rights group Amnesty International has avoided characterising Assange as a “prisoner of conscience”, despite his meeting all the criteria, with the group apparently fearful of a backlash from funders (p81).
He notes too that, aside from the UN’s Working Group on Arbitrary Detention, comprising expert law professors, the UN itself has largely ignored the abuses of Assange’s rights (p3). In large part, that is because even states like Russia and China are reluctant to turn Assange’s political persecution into a stick with which to beat the West – as might otherwise have been expected.
The reason, Melzer observes, is that WikiLeaks’ model of journalism demands greater accountability and transparency from all states. With Ecuador’s belated abandonment of Assange, he appears to be utterly at the mercy of the world’s main superpower.
Instead, Melzer argues, Britain and the US have cleared the way to vilify Assange and incrementally disappear him under the pretence of a series of legal proceedings. That has been made possible only because of complicity from prosecutors and the judiciary, who are pursuing the path of least resistance in silencing Assange and the cause he represents.
It is what Melzer terms an official “policy of small compromises” – with dramatic consequences (p250-1).
His 330-page book is so packed with examples of abuses of due process – at the legal, prosecutorial, and judicial levels – that it is impossible to summarise even a tiny fraction of them.
However, the UN rapporteur refuses to label this as a conspiracy – if only because to do so would be to indict himself as part of it. He admits that when Assange’s lawyers first contacted him for help in 2018, arguing that the conditions of Assange’s incarceration amounted to torture, he ignored their pleas.
As he now recognises, he too had been influenced by the demonisation of Assange, despite his long professional and academic training to recognise techniques of perception management and political persecution.
“To me, like most people around the world, he was just a rapist, hacker, spy, and narcissist,” he says (p10).
It was only later when Melzer finally agreed to examine the effects of Assange’s long-term confinement on his health – and found the British authorities obstructing his investigation at every turn and openly deceiving him – that he probed deeper. When he started to pick at the legal narratives around Assange, the threads quickly unravelled.
He points to the risks of speaking up – a price he has experienced firsthand – that have kept others silent.
“With my uncompromising stance, I put not only my credibility at risk, but also my career and, potentially, even my personal safety… Now, I suddenly found myself with my back to the wall, defending human rights and the rule of law against the very democracies which I had always considered to be my closest allies in the fight against torture. It was a steep and painful learning curve” (p97).
He adds regretfully: “I had inadvertently become a dissident within the system itself” (p269).
