The Kafkaesque Case Against Julian Assange

By John Pilger

The persecution of Julian Assange is about to flare again as it enters a dangerous stage. From August 20, three quarters of the Swedish prosecutor’s case against Assange regarding sexual misconduct in 2010 will disappear as the statute of limitations expires. At the same time Washington’s obsession with Assange and WikiLeaks has intensified. Indeed, it is vindictive American power that offers the greatest threat – as Chelsea Manning and those still held in Guantanamo can attest.

The Americans are pursuing Assange because WikiLeaks exposed their epic crimes in Afghanistan and Iraq: the wholesale killing of tens of thousands of civilians, which they covered up, and their contempt for sovereignty and international law, as demonstrated vividly in their leaked diplomatic cables.

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According to documents released by Snowden, Assange is on a “Manhunt target list”. Washington’s bid to get him, say Australian diplomatic cables, is “unprecedented in scale and nature”. In Alexandria, Virginia, a secret grand jury has spent five years attempting to contrive a crime for which Assange can be prosecuted. This is not easy. The First Amendment to the US Constitution protects publishers, journalists and whistleblowers.

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Assange’s ability to defend himself in this Kafkaesque world has been handicapped by the US declaring his case a state secret. In March, a federal court in Washington blocked the release of all information about the “national security” investigation against WikiLeaks, because it was “active and ongoing” and would harm the “pending prosecution” of Assange. The judge, Barbara J. Rosthstein, said it was necessary to show “appropriate deference to the executive in matters of national security”. Such is the “justice” of a kangaroo court.

The supporting act in this grim farce is Sweden, played by the Swedish prosecutor Marianne Ny. Until recently, Ny refused to comply with a routine European procedure routine that required her to travel to London to question Assange and so advance the case. For four and a half years, Ny has never properly explained why she has refused to come to London, just as the Swedish authorities have never explained why they refuse to give Assange a guarantee that they will not extradite him on to the US under a secret arrangement agreed between Stockholm and Washington. In December 2010, The Independent revealed that the two governments had discussed his onward extradition to the US.

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Why hasn’t the Swedish prosecutor resolved the Assange case?  Many in the legal community in Sweden believe her behaviour inexplicable. Once implacably hostile to Assange, the Swedish press has published headlines such as: “Go to London, for God’s sake.”

Why hasn’t she? More to the point, why won’t she allow the Swedish court access to hundreds of SMS messages that the police extracted from the phone of one of the two women involved in the misconduct allegations? Why won’t she hand them over to Assange’s Swedish lawyers? She says she is not legally required to do so until a formal charge is laid and she has questioned him. Then, why doesn’t she question him? And if she did question him, the conditions she would demand of him and his lawyers – that they could not challenge her – would make injustice a near certainty.

On a point of law, the Swedish Supreme Court has decided Ny can continue to obstruct on the vital issue of the SMS messages. This will now go to the European Court of Human Rights. What Ny fears is that the SMS messages will destroy her case against Assange. One of the messages makes clear that one of the women did not want any charges brought against Assange, “but the police were keen on getting a hold on him”. She was “shocked” when they arrested him because she only “wanted him to take [an HIV] test”. She “did not want to accuse JA of anything” and “it was the police who made up the charges”. (In a witness statement, she is quoted as saying that she had been “railroaded by police and others around her”.)

Neither woman claimed she had been raped. Indeed, both have denied they were raped and one of them has since tweeted, “I have not been raped.” That they were manipulated by police and their wishes ignored is evident – whatever their lawyers might say now. Certainly, they are victims of a saga which blights the reputation of Sweden itself.

For Assange, his only trial has been trial by media. On August 20, 2010, the Swedish police opened a “rape investigation” and immediately – and unlawfully – told the Stockholm tabloids that there was a warrant for Assange’s arrest for the “rape of two women”. This was the news that went round the world.

Read the full article at JohnPilger.com