SATURDAY, AUGUST 18, 2012
http://alcuinbramerton.blogspot.com/2012/01/altnews8-1ab-alcuin-httpalcuinbramerton.html
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Picture: UK diplomatic power decisive in Assange Ecuador case (After Nicebleed)
Picture: Julian Assange Ecuador political asylum PigSociety UK v South America.
More Julian Assange Ecuador political asylum pictures can be found here.
Declaration of the Government of the Republic of Ecuador on the asylum application of Julian AssangeThursday 16th August 2012 - London (UK) - clunky translation of the official Spanish text linked above.
On 19 June 2012, the Australian national citizen Julian Assange, appeared in the local Embassy of Ecuador in London, to request diplomatic protection of the Ecuadorian State to benefit from the existing rules on Diplomatic Asylum. The applicant has based its request on the fear that it causes the eventual political persecution that could result in a third country, it could use his extradition to the Kingdom of Sweden for turn further extradition to that country.
The Government of Ecuador, true to the asylum procedure, and attach the utmost seriousness in this case, has reviewed and evaluated all aspects involved in it, particularly the arguments presented by Mr. Assange to support the fear he feels in a situation that this person perceives as a threat to life, personal safety and freedom.
It is important to note that Mr. Assange has made the decision to apply for asylum and protection in Ecuador over allegations that it says, have been made by alleged "espionage and treason", which exposes the citizen who inspires fear the possibility of being handed over to the authorities of the United States of America by the British, Swedish and Australian, for this is a country, said Mr Assange, who chases him through the declassification of information embarrassing to the U.S. government. Is also the applicant, "is being persecuted in various countries, which derives not only from their ideas and their actions, but their work to publish information that engages the powerful, to publish the truth and, with Thus, exposing corruption and severe human rights abuses of citizens around the world. "
Therefore, for the applicant, the imputation of political offenses is the foundation of his asylum claim, because in his opinion, is faced with a situation involving imminent danger to him he can not resist. In order to explain the fear he instills a possible political persecution, and that this possibility end up becoming a situation of prejudice and violation of their rights, and risk to their personal safety, and freedom, the Government of Ecuador considered it following:
Julian Assange is an award-winning communications professional internationally for his fight for freedom of expression, press freedom and human rights in general;
That Mr. Assange shared with the global public documentary privileged information was generated by various sources, and affected officials, countries and organizations;
That there are serious indications of retaliation by the country or countries that produced the information disclosed by Mr. Assange, retaliation could jeopardize their safety, integrity, and even his life;
That, despite the diplomatic initiatives taken by Ecuador, countries which have required sufficient safeguards to protect the security and life of Mr. Assange, have refused to facilitate them;
That, it is certain that the Ecuadorian authorities feasible Mr. Assange extradition to a third country outside the EU without adequate guarantees for their safety and personal integrity;
That legal evidence clearly shows that, given an extradition to the United States of America, Mr. Assange would not have a fair trial, could be tried by special courts or military, and it is not implausible that is applied to cruel and degrading , and was condemned to life imprisonment or the death penalty, which would not respect their human rights;
That while Mr. Assange must answer for open research in Sweden, Ecuador is aware that the Swedish prosecutor has had a contradictory attitude that prevented Mr. Assange the full exercise of the legitimate right of defense;
Ecuador is convinced that they have undermined the procedural rights of Mr. Assange during the investigation;
Ecuador has found that Mr. Assange is without (the) protection and assistance (he) should receive from the State of which he is a citizen (Australia);
That, following several public statements and diplomatic communications made by officials from Britain, Sweden and theUnited States of America, it is inferred that these governments would not respect international conventions and treaties, and domestic laws would prioritize secondary hierarchy, rules breach express universal application and,
That, if Mr. Assange is reduced to custody in Sweden (as is customary in this country), would start a chain of events which would prevent further protective measures taken to avoid possible extradition to a third country.
Thus, the Government of Ecuador considers that these arguments lend support to Julian Assange fears, while this may be a victim of political persecution because of his defense decided in favor of freedom of expression and freedom of press and repudiation of his position to abuse that power tends to run in certain countries, aspects that suggest that Mr. Assange, at any time, there may be a situation likely to endanger their lives, safety or integrity personnel. This fear has been warned to exercise their human right to seek and receive asylum in the Embassy of Ecuador in the UK.
Article 41 of the Constitution of the Republic of Ecuador clearly defines the right of asylum. Under this provision, in Ecuador are fully recognized the rights of asylum and refugee status in accordance with the law and international human rights instruments. According to this constitutional provision:
"People who are in situations of asylum and refugee shall enjoy special protection to ensure the full exercise of their rights. The State shall respect and ensure the principle of non-refoulement, as well as legal and humanitarian emergency. "
Similarly, the right to asylum is recognized in Article 4.7 of the Foreign Service Act of 2006, which determines the ability of the Ministry of Foreign Affairs, Trade and Integration of Ecuador to hear cases of diplomatic asylum, according to the laws, treaties, law and international practice.
It should be emphasized that our country has been highlighted in recent years by hosting a large number of people who have applied for asylum or refugee territorial, having unreservedly respected the principle of non-discrimination and, while it has taken steps to provide refugee status in an expeditious manner, taking into account the circumstances of applicants, mostly Colombians fleeing the armed conflict in their country. The UN High Commissioner for Refugees has praised Ecuador's refugee policy, and highlighted the significant fact that the country has not been confined to camps for these people, but have been integrated into society, full enjoyment of their human rights and guarantees.
The Ecuador places the right of asylum in the universal catalog of human rights and believes, therefore, that the effective implementation of this right requires international cooperation that may lend our countries, without which his statement would be fruitless, and the institution would be completely ineffective. For these reasons, and recalling the obligation of all States have undertaken to assist in the protection and promotion of human rights, as provided by the Charter of the United Nations, the British Government invited to provide their quota to achieve this purpose.
To this effect, Ecuador has been shown that, in the course of analysis of legal institutions related to asylum, that the formation of this law concur fundamental principles of general international law, the same as for its importance and have universal value, saved because line with the general interest of the entire international community, and have the full recognition by all States. These principles, which are referred to in various international instruments, are as follows:
a) The asylum, in all its forms, is a fundamental human right which creates obligations erga omnes, that is, "for all" states.
b) The diplomatic asylum, shelter (or territorial asylum), and the right not to be extradited, expelled, delivered or transferred, human rights are comparable, since they are based on the same principles of human protection: no return and no discrimination without any adverse distinction based on race, color, sex, language, religion or belief, political or other opinion, national or social origin, property, birth or other status, or any other similar criteria.
c) All these forms of protection are governed by the principles pro person (ie, more favorable to the individual), equality, universality, indivisibility, interrelatedness and interdependence.
d) The protection occurs when the state of asylum, refugee or required, or the protecting power, consider the risk or the fear that the protected person may be a victim of political persecution or political offenses against him.
e) The State granting asylum seekers qualify causes, and in case of extradition, assess evidence.
f) No matter which of its forms or forms are present, the seeker is always the same cause and the same legal order, ie, political persecution, which causes it lawful, and safeguard the life, personal safety and freedom of protected person, which is the lawful purpose.
g) The right to asylum is a fundamental human right, therefore, belongs to jus cogens, ie the system of mandatory rules of law recognized by the international community as a whole, do not support a contrary agreement, being null treaties and provisions of international law they oppose.
h) In cases not covered by the law in force, the human person remains under the protection of the principles of humanity and the dictates of public conscience, or are under the protection and authority of the principles of international law derived from established custom, from the principles of humanity and from the dictates of public conscience.
i) Lack of international agreement or domestic legislation of States can not legitimately claim to limit, impair or deny the right to asylum.
j) The rules and principles governing the rights to asylum, extradition no, no delivery, no expulsion and transfer are not converging, as far as is necessary to improve the protection and provide it with maximum efficiency. In this sense they are complementary international law of human rights, the right to asylum and refugee law, and humanitarian law.
k) TDgMo@7=q9|KwMh)X,Lc@Vo LY@ jFITy').~_B Rq6a4sX rK5hBX R�L
Alcuin Bramerton Twitter .. WikiLeaks Master Mirror Sites .. #1ab archive
Alcuin Bramerton profile ..... Index of blog contents ..... Home .....#1ab
Picture: UK diplomatic power decisive in Assange Ecuador case (After Nicebleed)
Picture: Julian Assange Ecuador political asylum PigSociety UK v South America.
More Julian Assange Ecuador political asylum pictures can be found here.
Declaration of the Government of the Republic of Ecuador on the asylum application of Julian AssangeThursday 16th August 2012 - London (UK) - clunky translation of the official Spanish text linked above.
On 19 June 2012, the Australian national citizen Julian Assange, appeared in the local Embassy of Ecuador in London, to request diplomatic protection of the Ecuadorian State to benefit from the existing rules on Diplomatic Asylum. The applicant has based its request on the fear that it causes the eventual political persecution that could result in a third country, it could use his extradition to the Kingdom of Sweden for turn further extradition to that country.
The Government of Ecuador, true to the asylum procedure, and attach the utmost seriousness in this case, has reviewed and evaluated all aspects involved in it, particularly the arguments presented by Mr. Assange to support the fear he feels in a situation that this person perceives as a threat to life, personal safety and freedom.
It is important to note that Mr. Assange has made the decision to apply for asylum and protection in Ecuador over allegations that it says, have been made by alleged "espionage and treason", which exposes the citizen who inspires fear the possibility of being handed over to the authorities of the United States of America by the British, Swedish and Australian, for this is a country, said Mr Assange, who chases him through the declassification of information embarrassing to the U.S. government. Is also the applicant, "is being persecuted in various countries, which derives not only from their ideas and their actions, but their work to publish information that engages the powerful, to publish the truth and, with Thus, exposing corruption and severe human rights abuses of citizens around the world. "
Therefore, for the applicant, the imputation of political offenses is the foundation of his asylum claim, because in his opinion, is faced with a situation involving imminent danger to him he can not resist. In order to explain the fear he instills a possible political persecution, and that this possibility end up becoming a situation of prejudice and violation of their rights, and risk to their personal safety, and freedom, the Government of Ecuador considered it following:
Julian Assange is an award-winning communications professional internationally for his fight for freedom of expression, press freedom and human rights in general;
That Mr. Assange shared with the global public documentary privileged information was generated by various sources, and affected officials, countries and organizations;
That there are serious indications of retaliation by the country or countries that produced the information disclosed by Mr. Assange, retaliation could jeopardize their safety, integrity, and even his life;
That, despite the diplomatic initiatives taken by Ecuador, countries which have required sufficient safeguards to protect the security and life of Mr. Assange, have refused to facilitate them;
That, it is certain that the Ecuadorian authorities feasible Mr. Assange extradition to a third country outside the EU without adequate guarantees for their safety and personal integrity;
That legal evidence clearly shows that, given an extradition to the United States of America, Mr. Assange would not have a fair trial, could be tried by special courts or military, and it is not implausible that is applied to cruel and degrading , and was condemned to life imprisonment or the death penalty, which would not respect their human rights;
That while Mr. Assange must answer for open research in Sweden, Ecuador is aware that the Swedish prosecutor has had a contradictory attitude that prevented Mr. Assange the full exercise of the legitimate right of defense;
Ecuador is convinced that they have undermined the procedural rights of Mr. Assange during the investigation;
Ecuador has found that Mr. Assange is without (the) protection and assistance (he) should receive from the State of which he is a citizen (Australia);
That, following several public statements and diplomatic communications made by officials from Britain, Sweden and theUnited States of America, it is inferred that these governments would not respect international conventions and treaties, and domestic laws would prioritize secondary hierarchy, rules breach express universal application and,
That, if Mr. Assange is reduced to custody in Sweden (as is customary in this country), would start a chain of events which would prevent further protective measures taken to avoid possible extradition to a third country.
Thus, the Government of Ecuador considers that these arguments lend support to Julian Assange fears, while this may be a victim of political persecution because of his defense decided in favor of freedom of expression and freedom of press and repudiation of his position to abuse that power tends to run in certain countries, aspects that suggest that Mr. Assange, at any time, there may be a situation likely to endanger their lives, safety or integrity personnel. This fear has been warned to exercise their human right to seek and receive asylum in the Embassy of Ecuador in the UK.
Article 41 of the Constitution of the Republic of Ecuador clearly defines the right of asylum. Under this provision, in Ecuador are fully recognized the rights of asylum and refugee status in accordance with the law and international human rights instruments. According to this constitutional provision:
"People who are in situations of asylum and refugee shall enjoy special protection to ensure the full exercise of their rights. The State shall respect and ensure the principle of non-refoulement, as well as legal and humanitarian emergency. "
Similarly, the right to asylum is recognized in Article 4.7 of the Foreign Service Act of 2006, which determines the ability of the Ministry of Foreign Affairs, Trade and Integration of Ecuador to hear cases of diplomatic asylum, according to the laws, treaties, law and international practice.
It should be emphasized that our country has been highlighted in recent years by hosting a large number of people who have applied for asylum or refugee territorial, having unreservedly respected the principle of non-discrimination and, while it has taken steps to provide refugee status in an expeditious manner, taking into account the circumstances of applicants, mostly Colombians fleeing the armed conflict in their country. The UN High Commissioner for Refugees has praised Ecuador's refugee policy, and highlighted the significant fact that the country has not been confined to camps for these people, but have been integrated into society, full enjoyment of their human rights and guarantees.
The Ecuador places the right of asylum in the universal catalog of human rights and believes, therefore, that the effective implementation of this right requires international cooperation that may lend our countries, without which his statement would be fruitless, and the institution would be completely ineffective. For these reasons, and recalling the obligation of all States have undertaken to assist in the protection and promotion of human rights, as provided by the Charter of the United Nations, the British Government invited to provide their quota to achieve this purpose.
To this effect, Ecuador has been shown that, in the course of analysis of legal institutions related to asylum, that the formation of this law concur fundamental principles of general international law, the same as for its importance and have universal value, saved because line with the general interest of the entire international community, and have the full recognition by all States. These principles, which are referred to in various international instruments, are as follows:
a) The asylum, in all its forms, is a fundamental human right which creates obligations erga omnes, that is, "for all" states.
b) The diplomatic asylum, shelter (or territorial asylum), and the right not to be extradited, expelled, delivered or transferred, human rights are comparable, since they are based on the same principles of human protection: no return and no discrimination without any adverse distinction based on race, color, sex, language, religion or belief, political or other opinion, national or social origin, property, birth or other status, or any other similar criteria.
c) All these forms of protection are governed by the principles pro person (ie, more favorable to the individual), equality, universality, indivisibility, interrelatedness and interdependence.
d) The protection occurs when the state of asylum, refugee or required, or the protecting power, consider the risk or the fear that the protected person may be a victim of political persecution or political offenses against him.
e) The State granting asylum seekers qualify causes, and in case of extradition, assess evidence.
f) No matter which of its forms or forms are present, the seeker is always the same cause and the same legal order, ie, political persecution, which causes it lawful, and safeguard the life, personal safety and freedom of protected person, which is the lawful purpose.
g) The right to asylum is a fundamental human right, therefore, belongs to jus cogens, ie the system of mandatory rules of law recognized by the international community as a whole, do not support a contrary agreement, being null treaties and provisions of international law they oppose.
h) In cases not covered by the law in force, the human person remains under the protection of the principles of humanity and the dictates of public conscience, or are under the protection and authority of the principles of international law derived from established custom, from the principles of humanity and from the dictates of public conscience.
i) Lack of international agreement or domestic legislation of States can not legitimately claim to limit, impair or deny the right to asylum.
j) The rules and principles governing the rights to asylum, extradition no, no delivery, no expulsion and transfer are not converging, as far as is necessary to improve the protection and provide it with maximum efficiency. In this sense they are complementary international law of human rights, the right to asylum and refugee law, and humanitarian law.
k) TDgMo@7=q9|KwMh)X,Lc@Vo LY@ jFITy').~_B Rq6a4sX rK5hBX R�L
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