
With Julian Assange now fighting the next stage of efforts to extradite him to the United States to face 18 charges, 17 of which are based on the brutal, archaic Espionage Act, some Australian politicians have found their voice. It might be said that a few have even found their conscience.
Deputy Prime Minister Barnaby Joyce was sufficiently exercised by the High Court judgment overturning the lower court ruling against extradition to demand an end to the matter. In his for the Nine newspaper group on December 14, he argued that rights were 鈥渘ot created in some legal sonic boom at one undefined point of our existence nor switched off like the power to a fridge because of a fear or a confusion as to the worth of their contents鈥.
The deputy PM proved mature enough to say that 鈥渨hether you like him or despite him鈥 the importance of the case transcended Assange鈥檚 situation. 鈥淪o we must hope for the British courts to do so, and we will judge its society accordingly.鈥 (They have not and, accordingly, should be judged.)
The Nationals leader has little time for the role of whistleblowing or disclosing egregious misconduct by a state; less time for Assange as the publisher in history, the exposer of crimes by a great power. 鈥淭hey are a separate matter to the key issue: where was this individual when he was allegedly breaking US law for which the US is now seeking his extradition from London?,鈥 he asked.
Joyce鈥檚 reasoning, while simplistic on the historical contributions of WikiLeaks, has the merit of unusual clarity. He argued that Britain 鈥渟hould try him there for any crime he is alleged to have committed on British soil or send him back to Australia, where he is a citizen.鈥
Assange never pilfered any US secret files; did not breach Australian laws and was not in the US when 鈥渢he event being deliberated in the court now in London occurred鈥. To extradite him to the US would not only be unjust but bizarre. 鈥淚f he insulted the Koran, would he be extradited to Saudi Arabia?鈥
The move by the Nationals leader also brought a few voices of support from the woodwork. Liberal backbenchers Jason Falinski and Bridget Archer are encouraging diplomatic intervention. Falinski that the Morrison government 鈥渄o what it can to get an Australian citizen back to Australia as quickly as possible鈥 though he refused to entertain 鈥渁 public spat with America鈥. Archer that 鈥渉e should be released and returned to Australia鈥.
The announcement that Caroline Kennedy would the new US Ambassador to Australia is also being seen as an opportunity.聽 Former Australian Foreign Minister Bob Carr that Morrison take the chance to discuss the Assange case with Kennedy. (This is from a man who that Assange 鈥渉as had more consular support in a comparable time than any other Australian鈥 while admitting that he did not 鈥渒now whether this is the case鈥.)
Morrison might, suggested Carr, point out that Australia had its own challenges in facing war crimes allegations, notably 鈥渨ar crimes trials pending for Australian troops in Afghanistan who might have done the very things Assange exposed in Iraq鈥. Washington鈥檚 treatment of the publisher could well 鈥渢urn this guy into a martyr鈥.
Carr sees such advice as part of the capital of trust between allies. It was a 鈥渟mall transaction under the architecture of what each sees as a mutually beneficial relationship鈥. It might even show that Australia was capable of behaving 鈥渓ike a sovereign nation鈥 in 鈥渙ne tiny corner of our alliance partnership鈥. If Canberra was unable to 鈥渢ake up the cause of an Australian passport holder, what scope for any independent action do we allow ourselves?鈥
While the former foreign minister shows flashes of ignorance about aspects of the proceedings (the US prosecution, for instance, made a special point in not mentioning the in its proceedings), he is at least cognisant of the monstrous defects in the case, not least the fact that a good deal of the indictment from former WikiLeaks volunteer Sigurdur 鈥淪iggi鈥 Thordarson.
Despite the latest stirring of principled awareness, Australian governments tend to protect their citizens with a begrudging reluctance, except in the rarest of cases. They are notorious in playing the game of surrender and capitulation.
In the context of the US-Australian alliance, one given an even more solid filling with the AUKUS security pact, the hope that Australia would ever be able to exercise sovereign choices on any issue that affects US security is almost inconceivable.
The lamentable behaviour from Canberra regarding Assange鈥檚 welfare has also been brought to light by lawyer Kellie Tranter. Using Freedom of Information (FOI) requests, Tranter revealing how officials were updated on Assange鈥檚 condition (legal and physical) yet did little in the way of addressing it. Kit Klarenberg, making use of Tranter鈥檚 findings, the extent officials knew about Assange鈥檚 plight.
In April 2019, for instance, lawyer Gareth Pierce, acting for Assange, wrote to the Department of Foreign Affairs and Trade (DFAT) warning that the publisher鈥檚 possessions were being held by the Ecuadorian authorities. These included a stash of privileged legal documents.
DFAT, while claiming it would chase the matter up, concluded in May 2019 that Assange鈥檚 possessions were 鈥渦nder the authority and jurisdiction of the Judicial System of the Republic of Ecuador鈥. Australian diplomats, it followed, were unable to intervene.
The result? Assange鈥檚 documents, held by the Ecuadorians, .
As extradition proceedings were taking place, Peirce to the Australian High Commission that consular representatives would have 鈥渦ndoubtedly noted what was clear for everyone present in court to observe鈥 鈥 that the publisher was 鈥渋n shockingly poor condition 鈥 struggling not only to cope but to articulate what he wishes to articulate.鈥 DFAT鈥檚 report of those proceedings, intentionally or otherwise, was silent on the issue.
Throughout, DFAT maintained that Assange had refused consular assistance or support. This was a point the publisher took up at Belmarsh prison with consular officials on November 1, 2019, claiming that to be misguided nonsense.
He also noted concerns by the prison doctor about his state being 鈥渟o bad that his mind was shutting down鈥 and the appalling state of isolation which made it impossible for him 鈥渢o think or to prepare his defence鈥.
[Dr Binoy Kampmark lectures at RMIT University, Melbourne.]