PARLIAMENTARY DEBATE
Arrest of Julian Assange - 11 April 2019 (Commons/Commons Chamber)
Debate Detail
This morning, after nearly seven years inside the Ecuadorean embassy, Mr Assange was arrested for failing to surrender in relation to his extradition proceedings. He was later also served with a warrant for provisional arrest, pending receipt of a request for extradition to stand trial in the United States on charges relating to computer offences. His arrest follows a decision by the Ecuadorean Government to bring to an end his presence inside its embassy in London. I am pleased that President Moreno has taken this decision and I extend the UK’s thanks to him for resolving the situation. Ecuador’s actions recognise that the UK’s criminal justice system is one in which rights are protected and in which, contrary to what Mr. Assange and his supporters may claim, he and his legitimate interests will be protected. This also reflects the improvements to the UK’s relationship with Ecuador under the Government of President Moreno. These are a credit to the leadership of the Minister for Europe and the Americas, my right hon. Friend the Member for Rutland and Melton (Sir Alan Duncan), and to the ongoing hard work of Foreign Office officials in London and Quito.
Mr Assange was informed of the decision to bring his presence in the embassy to an end by the Ecuadorean ambassador this morning shortly before 10 am. The Metropolitan police entered the embassy for the purpose of arresting and removing him. All the police’s activities were carried out pursuant to a formal written invitation signed by the Ecuadorean ambassador and in accordance with the Vienna convention on diplomatic relations. I would like to take this opportunity to thank the Metropolitan police for the professionalism they have shown in their management of the immediate situation, and during the past seven years.
Both the UK Government and the Ecuadorean Government have become increasingly concerned about the state of Mr Assange’s health. The first action of the police following his arrest was to have him medically assessed and deemed fit to detain. The Ecuadoreans have made their best efforts to ensure that doctors, chosen by him, have had access inside the embassy. While he remains in custody in the UK, we are now in a position to ensure access to all necessary medical care and facilities.
Proceedings will now begin according to the courts’ timetable. Under UK law, following a provisional arrest, the full extradition papers must be received by the judge within 65 days. A full extradition request would have to be certified by the Home Office before being submitted to the court, after which extradition proceedings would begin. At that point, the decision as to whether any statutory bars to extradition apply would be for the UK’s courts to determine.
I will go no further in discussing the details of the accusations against Mr. Assange either in the UK’s criminal justice system or in the US, but I am pleased that the situation in the Ecuadorean embassy has finally been brought to an end. Mr Assange will now have the opportunity to contest the charge against him in open court and to have any extradition request considered by the judiciary. It is right that we implement the judicial process fairly and consistently, with due respect for equality before the law. I commend this statement to the House.
We in the Opposition want to make the point that, even though the only charge that Julian Assange may face in this country is in relation to his bail hearings, the reason we are debating this this afternoon is entirely to do with his and WikiLeaks’ whistleblowing activities. These whistleblowing activities about illegal wars, mass murder, murder of civilians and corruption on a grand scale have put Julian Assange in the crosshairs of the US Administration. For this reason, they have once more issued an extradition warrant against Mr Assange.
The Home Secretary will know that Mr Assange complained to the UN that he was being unlawfully detained as he could not leave the Ecuadorian embassy without being arrested. In February 2016, the UN panel ruled in his favour, stating that he had been arbitrarily detained and that he should be allowed to walk free and compensated for his “deprivation of liberty”. Mr Assange hailed that as a significant victory and called the decision binding, but the Foreign Office responded by saying that this ruling “changes nothing”. I note that the Foreign Office responded then, not the Home Office or the Ministry of Justice. The Foreign Office has no responsibility for imprisonment and extradition in this country, but it is interested, of course, in relations with allies and others.
We have precedent in this country in relation to requests for extradition to the US, when the US authorities raise issues of hacking and national security. I remind the House of the case of Gary McKinnon. In October 2012, when the current Prime Minister was Home Secretary, an extradition request very similar to this one was refused. We should recall what WikiLeaks disclosed. Who can forget the Pentagon video footage of a missile attack in 2007 in Iraq that killed 18 civilians and two Reuters journalists? The monumental number of such leaks lifted the veil on US-led military operations in a variety of theatres, none of which has produced a favourable outcome for the people of those countries. Julian Assange is being pursued not to protect US national security, but because he has exposed wrongdoing by US Administrations and their military forces.
We only have to look at the treatment of Chelsea Manning to see what awaits Julian Assange if he is extradited to the US. Ms Manning has already been incarcerated, between 2010 and 2017. She was originally sentenced to 35 years. Her indefinite detention now is because she refuses to participate in partial disclosure, which would allow whistleblowers to be pursued and not the perpetrators. Her human rights and protections as a transgender woman have been completely ignored—[Interruption.] Her human rights as a transgender woman have been completely ignored, and I hope that Government Members will take that seriously.
What this has to do with Julian Assange’s case is that this could be the type of treatment he could expect if he is extradited to the US. In this country, we have protections for whistleblowers, including the Public Interest Disclosure Act 1998 and others—even if some of us feel that these protections should be more robust. Underpinning this legislation is the correct premise, not that anyone can leak anything they like but that protection should be afforded to those who take a personal risk to disclose wrongdoing where that disclosure serves the public interest. Julian Assange is at risk of extradition to the US precisely because, as we in the Opposition believe, he has exposed material that is in the utmost public interest.
This is now in the hands of the British law courts. We have the utmost confidence in the British legal system, but we in the Opposition would be very concerned, on the basis of what we know, about Julian Assange being extradited to the US.
The right hon. Lady also talked about the UN, as though the UN had some opinion on this issue. I am sure it was not intentional, but she was at risk of not giving quite correct information, because the UN has no view on the Assange case. I think she was actually referring to the view of a group of independent persons who decided to look at this case. They do not speak for the UN in any way whatever. It was a small group of individuals who came up with a deeply flawed opinion, suggesting that somehow Mr Assange was indefinitely detained in the UK by the British authorities. In fact, the only person responsible for Mr Assange’s detention is himself—it was entirely self-inflicted. It is astonishing that the right hon. Lady should even bring up that report and suggest that, somehow, it was a UN view or a UN report.
Then the right hon. Lady talked about the US request for extradition. I will not be drawn into the request for extradition; it is rightly a matter for the courts. Should the courts deem it correct and necessary at some point to send a request for extradition to me, I will consider it appropriately under our laws.
I note that the shadow Home Secretary, both today and in the past—and indeed the Leader of the Opposition —have defended Assange and WikiLeaks from efforts to tackle their illegal activity. They could have clarified things today for the British public; the right hon. Lady could have done that on behalf of the Opposition, but she did not. Why is it that, whenever someone has a track record of undermining the UK and our allies and the values we stand for, you can almost guarantee that the leadership of the Labour party will support those who intend to do us harm? You can always guarantee that from the party opposite.
It is right that nobody is above the law, and in many ways today’s actions mean that at least one kind of deadlock has been broken, which is perhaps important, at least from a health and wellbeing point of view. However, at the same time human rights under the law are inviolable, and the treatment Mr Assange receives in the period to come must take place with appropriate due process and with respect to the protection of the rights that the Home Secretary stressed.
Will the Home Secretary therefore confirm that nobody should be extradited from the United Kingdom if they face an unfair trial or a cruel and unusual punishment in the destination country? Will he also assure us that any judicial process here in the United Kingdom will be carried out with as much transparency as possible, and with all appropriate opportunity for review and appeal, as necessary?
Let me make two points. We should not allow Mr Assange to get away with the idea that he was arbitrarily detained, which is ridiculous given that he could have walked out of that door at any time, or the idea that he had no charges to answer originally in Sweden, because the Swedish prosecutor would have needed to interview him personally, which he never allowed her to do. Those two facts need to be put right in the middle of this ridiculous story.
My right hon. Friend the Member for East Devon (Sir Hugo Swire) was absolutely right to remind the House that this was a self-inflicted detention. This was a decision by Mr Assange to lock himself up for seven years.
“the discourteous and aggressive behaviour of Mr Julian Assange”
had led to his action. That tells us something in itself.
Mr Speaker, you rightly take every opportunity to praise Judy Murray, who I know you fully respect and admire, and you rightly identified her as one of the sponsors of the proposed Park of Keir development. How can I make it clear for the record that there is a substantial body of opinion in Dunblane and Bridge of Allan among my constituents who want there to be a legacy for Andy and Jamie Murray in the Stirling area but do not want this piece of glorious countryside to be developed for that or any other purpose?
Look, I completely respect the fact that there are different points of view about the matter. I did express public support for Judy Murray and Park of Keir some considerable time ago, and I reiterated it. The hon. Gentleman has made his own point in his own way, and I recognise immediately that he also speaks for many other people. He has put that on the record in a perfectly proper way, and I think we can both honourably leave it there.
Bill Presented
Legal Tender (Scottish Banknotes) Bill
Presentation and First Reading (Standing Order No. 57)
Mr Alistair Carmichael presented a Bill to make provision about the acceptance of Scottish banknotes throughout the United Kingdom; to oblige businesses and companies to accept Scottish banknotes as payment; and for connected purposes.
Bill read the First time; to be read a Second time tomorrow, and to be printed (Bill 379).
Adjournment (Easter)
Motion made, and Question put forthwith (Standing Order No. 25)
That this House, at its rising today, do adjourn until Tuesday 23 April 2019.—(Wendy Morton.)
Question agreed to.
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