Strasbourg, private correspondence.
Where exactly are we with Julian Assange’s legal journey after the guilty plea which allowed him to leave the British prison of Belmarsh?
Christophe Marchand
Criminal lawyer, representative of Julian Assange before the ECHR
He agreed before the American courts to make a deal and plead guilty. This means that he is tried and convicted for certain facts. All the American investigations which concerned WikiLeaks, the “collateral” murders committed by the United States in Iraq, the Guantanamo files, etc., all this is closed and the American government undertakes not to pursue it for others facts which allegedly occurred before June 26, the day of his hearing.
Julian Assange therefore no longer has any problems with the United States justice system. But in this “guilty plea”, there are also commitments to respect. He cannot launch any proceedings for what he suffered, neither before the European Court of Human Rights, nor against the United Kingdom, nor against the United States, or against any other state.
What can we expect from the Council of Europe, knowing that Julian Assange’s appeal to the European Court of Human Rights (ECHR) is impossible?
The Parliamentary Assembly of the Council of Europe, before which Julian Assange testified this Tuesday, appoints the judges of the ECHR. It is the place where Europe, in 1950, decided to be the champion of human rights at the international level. The Parliamentary Assembly has a central role because it can carry out investigations. A most important function for justice.
Because having such documents can make it possible to deliver alerts and messages like that of Julian Assange today. The latter was bruised in his flesh, in his family, in his convictions and the system demonstrated its flaws and its limits because it did not protect him as a journalist. We must launch reforms which are necessary so that such cases do not happen again. The Parliamentary Assembly of the Council of Europe is moving in this direction and it must send a signal to the whole world.
Julian Assange spoke of freedom of information and expression increasingly under attack around the world, in Europe and the United States. Why does his message seem important to you in this situation?
We find ourselves at a dark crossroads for freedom of speech and the press. We must take a different voice and Julian Assange is here to say that this choice must be made immediately. Because he himself suffered the gagging of journalism.
If a journalist in France criticizes the United States in its international policy, a source entrusts him with state secrets and he reveals them in a media outlet, he may now be subject to extradition. He faces hundreds of years in prison. Who is better placed than Julian Assange to bear witness to such danger? For him, we are at a crossroads. In the absence of legal developments, and if nothing is done, this gagging will be repeated.
Julian Assange has become the symbol of freedom of thought, speech and press on the Internet, which is a fundamental theme in the 21st century.e century. He was deeply affected by abusive repression and we must put an end to it. His hearing this Tuesday should lead to law reform. Julian Assange clearly identified the flaws, the malfunctions which led to the destruction of people and in particular himself, a journalist. He calls for law reform and specifies that it is up to the Council of Europe to take on this responsibility.
Humanity is under attack, defend it!
Your newspaper has been the subject of 5 SLAPP procedures over the past year. Obviously, the truth is disturbing. The forces of money and reactionaries seek to silence us. They won’t make it. Thanks to you!
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