Ecuador's Assange Extradition: Legal Or Not?

In 2012, Ecuador granted Julian Assange, the WikiLeaks founder, political asylum. Assange had been living in the Ecuadorian embassy in London for two months, attempting to avoid extradition to Sweden, where he was wanted for questioning over alleged sex crimes. However, in 2019, Ecuador revoked Assange's asylum and allowed officers of the Metropolitan Police to enter the embassy and arrest him. This has led to questions about whether Ecuador broke any laws by allowing the UK to arrest Assange.

Did Ecuador violate Julian Assange's human rights?

In 2014, Ecuador's foreign minister, Ricardo Patino, accused the British government of violating Julian Assange's human rights by refusing to allow him to leave the embassy without the threat of arrest. Patino also stated that the UK had shown no willingness to find a diplomatic solution to the stalemate, despite Ecuador's proposals and submissions of documents. Patino further expressed concern about the potential consequences of a medical emergency, given that Assange was denied safe passage to a hospital.

In 2018, Assange himself sued the Ecuadorian government, claiming that it had violated his "fundamental rights and freedoms" by threatening to revoke his protection and access to the outside world. An Ecuadorian judge ruled against him, stating that requiring Assange to pay for his internet use and clean up after his cat did not violate his right to asylum.

Assange's supporters argue that his confinement in the embassy, coupled with the constant police presence outside, constituted a violation of his human rights. On the other hand, critics point out that Assange's actions went beyond those of a journalist and that he breached the law by conspiring to obtain and disclose classified information.

Ultimately, the question of whether Ecuador violated Assange's human rights is a matter of ongoing debate and legal interpretation.

Did the UK violate Julian Assange's human rights?

The UK's handling of Julian Assange has been criticised by human rights experts and organisations, who argue that his extradition to the US would violate his human rights. Assange has been detained in the UK since 2019, fighting a US extradition order. The UK's decision to extradite Assange to the US has been described as a grave threat to the freedom of the press by the International Federation for Human Rights (FIDH). FIDH Vice-President Alexis Deswaef stated that "protecting the capacity of democracies to have independent voices who can hold governments accountable is essential for the respect of international law, the defence of human rights and the fight against impunity".

Amnesty International has also criticised the UK's role in the case, with Secretary General Agnès Callamard stating that "Julian Assange dared to bring to light revelations of alleged war crimes committed by the USA. It is unacceptable that years of his life have been stolen". Callamard further argued that Assange's detention in the UK is "arbitrary" and based on "politically-motivated charges".

UN Special Rapporteur on Torture Alice Jill Edwards has expressed concern about the potential for severe rights violations against Assange if he is extradited to the US, particularly highlighting the risk to his mental and physical health. Edwards appealed to UK authorities to "halt any possible extradition for fear that Mr. Assange's health may be irreparably damaged".

Assange's potential extradition to the US has also been criticised on the basis that he could face a disproportionate penalty of 175 years in prison, which has been described as "grossly disproportionate" and amounting to "ill-treatment under international law". The US has also been criticised for seeking to prosecute Assange under the Espionage Act of 1917, a wartime law not intended to target journalists and publishers.

In conclusion, while the UK's decision to extradite Assange to the US may not be a direct violation of his human rights, the country has been criticised by human rights experts and organisations for its role in the case. The primary concern is that Assange's extradition could lead to severe rights violations, including a risk to his health and well-being, as well as a disproportionate penalty and treatment that may amount to torture or ill-treatment.

Did Ecuador have the right to grant Julian Assange asylum?

Julian Assange, the founder of WikiLeaks, sought asylum in Ecuador's London embassy in 2012 to avoid extradition to Sweden, where he faced allegations of sexual assault and rape, which he denied. Assange claimed that he feared Sweden would extradite him to the United States to face charges related to his work with WikiLeaks.

Ecuador granted Assange asylum on the grounds of political persecution and the potential threat to his life if he were extradited to the US. The Ecuadorean Minister of Foreign Affairs, Ricardo Patino, stated that there were "serious indications of retaliation" from the countries that produced the information published by Assange and that he would not receive a fair trial in the US.

Assange's asylum in Ecuador was based on several factors and considerations:

• Freedom of Speech and Opinion: Assange was widely seen as a fighter for freedom of speech and opinion, which aligned with the Ecuadorean government's official discourse. Granting him asylum reinforced the Ecuadorean government's commitment to these values, especially amid national and international criticism for its understanding of democracy.
• Negotiations: According to Santiago Basabe, a professor at the Latin American Faculty of Social Sciences, Assange's asylum was the conclusion of lengthy negotiations between Assange and the Ecuadorean government. This suggests that there was a pre-existing relationship and dialogue between the two parties.
• Lack of Extradition Treaty: Ecuador did not have an extradition treaty with the United States, providing a practical reason for Assange to seek asylum there.
• Political Capital: Harbouring Assange played well with the South American electoral masses, as it positioned President Correa against the US government. This could have been a factor in Correa's decision to grant asylum, especially considering his upcoming re-election campaign in 2013.
• Fear of Persecution: Assange and his supporters believed that he faced a real threat of persecution if extradited to the US. This fear was shared by the Ecuadorean government, which cited concerns for Assange's safety, integrity, and life.

While Ecuador had the legal right to grant Assange asylum, it is important to note that Assange's behaviour while in the embassy was not always exemplary. Relations between Assange and the Ecuadorean government soured over time, with Assange accused of discourteous and aggressive behaviour, including insulting staff and damaging embassy property. In 2019, Ecuador withdrew Assange's asylum, leading to his arrest by British authorities.

Did Ecuador have grounds to revoke asylum?

Ecuador's decision to revoke Julian Assange's asylum status was based on several grounds. Firstly, the Ecuadorian government accused Assange of "repeated violations of international conventions and daily-life protocols". This included allegations of meddling in the internal affairs of other states, such as the release of documents from the Vatican and support for Catalan independence, which strained Ecuador's relations with other countries.

Secondly, there were concerns about Assange's behaviour and conduct during his stay in the embassy. He was accused of mistreating and threatening embassy staff, including insulting them and accusing them of spying. Assange was also found to have damaged the facilities by riding a skateboard and playing football despite being told not to do so. His hygienic practices were also called into question, with reports of "improper hygienic conduct" and "weeks without a shower".

Thirdly, Ecuador's decision considered Assange's deteriorating health, which could not be adequately addressed within the embassy. The UK's refusal to grant him safe conduct raised the possibility of an indefinite stay, which was not feasible for Ecuador.

Additionally, there were concerns about the process by which Assange had acquired Ecuadorean citizenship, with "multiple inconsistencies" being cited. The cost of hosting Assange was also a factor, with Ecuador incurring expenses for his security, medical, and living costs.

Finally, Ecuador's decision was influenced by its desire to improve relations with the United States. President Lenín Moreno, who took office in 2017, distanced himself from the previous administration's support for Assange and sought to repair ties with the US.

Did the UK have the right to extradite Julian Assange?

The UK's right to extradite Julian Assange has been a matter of extensive debate and legal proceedings.

Assange, an Australian editor, publisher, and activist, founded WikiLeaks in 2006 and came to international attention in 2010 after publishing a series of leaks. In 2012, he breached his bail and took refuge in the Ecuadorian embassy in London, where he was granted asylum. He remained in the embassy until 2019, when Ecuador withdrew his asylum, leading to his arrest.

The UK's decision to extradite Assange to the US has been a lengthy and complex process. The US requested Assange's extradition on charges of conspiring to hack into US military databases and publishing sensitive information. Assange argued that the information exposed abuses by the US military and that the charges were politically motivated.

The UK Home Office maintained that extraditing Assange would not violate his human rights and that he would be treated appropriately in the US. However, there were concerns about his mental health, with UK judges initially blocking his extradition due to this reason. The final decision on extradition rests with the UK Home Secretary, and Assange has the right to appeal the decision, a process that can last over a year and go as far as the UK Supreme Court or European Court of Human Rights.

In April 2023, European unions and associations of journalists granted Assange honorary membership and appealed to US and UK authorities to release him, citing concerns for media freedom and the rights of journalists. In June 2023, Assange's lawyers expressed openness to a plea deal, but asserted that "no crime has been committed."

Ultimately, the UK courts ruled in favour of extradition, and in June 2024, a plea bargain was agreed upon, with Assange pleading guilty to one charge under the Espionage Act in exchange for his release. He was released and returned to Australia, ending the lengthy legal saga.

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