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The attacks on those who have defended Assange's extradition and asylum arguments has depended on the disgusting slander that such advocates are indifferent to the allegations of sexual assault made against him or, worse, are "rape apologists."
The reality is exactly the opposite. I have spoken to countless Assange defenders over the last couple of years and not a single one – literally not one – is dismissive of the need for those allegations in Sweden to be taken seriously and to be legally and fairly resolved. Typifying this view is Milne's column last night, which in the midst of scorning the attacks on Assange, embraced "the seriousness of the rape allegations made against Assange, for which he should clearly answer and, if charges are brought, stand trial."
That is the view of every Assange defender with a platform that I know of, including me (one can certainly find anonymous internet commenters, or the occasional named one, making actual, horrific rape apologist claims, but one can find stray advocates saying anything; imputing those views to Assange defenders generally would be like claiming that all Assange critics want to see him illegally shot in the head or encaged for life because
some prominent American and
other commentators have
called for this).
Not only Assange defenders, but also his own lawyers and the Ecuadorean government, have worked relentlessly to ensure that he faces those allegations in Sweden. They have merely sought to do so in a way that protects him from extradition to the US to face espionage charges for his journalism – a threat that could send him to prison for life (likely in a torturous super-max facility), and a threat only the wilfuly blind could deny is
serious and real.
In their
New York Times op-ed this week, Michael Moore and Oliver Stone correctly argue that it is "the British and Swedish governments that stand in the way of [the sex assault] investigation, not Mr Assange." That's because, they note, Assange has repeatedly offered to be questioned by Swedish authorities in London, or to travel today to Sweden to face those allegations if he could be assured that his doing so would not result in his extradition to the US to face espionage charges.
Time and again, "Correa said Ecuador never intended to stop Assange from facing justice in Sweden. 'What we've asked for is guarantees that he won't be extradited to a third country,' he said." Both Britain and Sweden have steadfastly refused even to discuss any agreement that could safeguard both the rights of the complainants and Assange's rights not to be imprisoned for basic journalism.
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Assange at this point is wanted for questioning in this case, and has not been charged. Once he's questioned, he might be charged, or the case might be dropped. That is what has made the Swedes' steadfast refusal to question him in England so mystifying, of such concern to Assange, and is the real reason that the investigation has thus far been obstructed. Indeed, Swedish legal expert Ove Bring has
made clear, in the context of discussing Assange, that "under Swedish law it is possible to interrogate people abroad," but that Sweden is refusing to do so simply for reasons of "prestige" (he added: "If he goes to Sweden, is interrogated, then I expect the case would be dropped, as the evidence is not enough to charge him with a crime").
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Both the British and Swedish governments could – and should – take the position that to prosecute Assange under espionage statutes for acts of journalism would be political crimes that are not subject to their extradition treaties with the U.S. or are otherwise not cognizable extradition offenses. Rather than explore any of those possible grounds for agreement, both governments have simply refused to negotiate either with Assange's lawyers or the Ecuadorean government over any proposals to safeguard his rights. That refusal on the part of those governments – and not any desire to obstruct the investigation or evade facing those allegations – is what led the Ecuadoreans to conclude that asylum was necessary to protect Assange from political persecution.
The complainants in Sweden have the absolute right to have their serious allegations against Assange investigated and legally resolved. But Assange has the equally compelling right under international law and treaties to be free of political persecution: which is exactly what prosecuting him (and perhaps imprisoning him for life) in the US for WikiLeaks' disclosures would be.
It is vital that both sets of rights be safeguarded, not just one. The only just solution is one that protects both. Assange's lawyers and the Ecuadorians have repeatedly pursued arrangements to vindicate all substantial rights at stake so that he can travel to Sweden – today – to face those allegations while being protected against unjust extradition to the US. It is the refusal of the British and Swedish authorities even to consider any such proposals that have brought this situation to the unfortunate standstill it is in.
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