Assange, a computer hacker who enraged the United States by
publishing hundreds of thousands of secret U.S. diplomatic cables,
has been holed up in the embassy since June 2012 to avoid a rape
investigation in Sweden.
Both Britain and Sweden denied that Assange was being deprived of
freedom, noting he had entered the embassy voluntarily. Britain said
it could contest the decision and that Assange would be arrested if
he left the embassy.
Assange, an Australian, appealed to the U.N. panel, whose decision
is not binding, saying he was a political refugee whose rights had
been infringed by being unable to take up asylum in Ecuador.
It ruled in his favour, although the decision was not unanimous.
Three of the five members on the panel supported a decision in
Assange's favour, with one dissenter and one recusing herself.
"The Working Group on Arbitrary Detention considers that the various
forms of deprivation of liberty to which Julian Assange has been
subjected constitute a form of arbitrary detention," the group's
head, Seong-Phil Hong, said in a statement.
"(It) maintains that the arbitrary detention of Mr Assange should be
brought to an end, that his physical integrity and freedom of
movement be respected, and that he should be entitled to an
enforceable right to compensation.”
Assange, 44, denies allegations of a 2010 rape in Sweden, saying the
charge is a ploy that would eventually take him to the United States
where a criminal investigation into the activities of WikiLeaks is
still open.
Sweden said it has no such plans.
Assange had said that if he lost the appeal then he would leave his
cramped quarters at the embassy in the Knightsbridge area of London,
though Britain said he would be arrested and extradited to Sweden as
soon as he stepped outside.
NO CHANGE
The decision in his favour marks the latest twist in a tumultuous
journey for Assange since he incensed Washington with leaks that
laid bare often highly critical U.S. appraisals of world leaders
from Vladimir Putin to the Saudi royal family.
In 2010, the group released over 90,000 secret documents on the
U.S.-led military campaign in Afghanistan, followed by almost
400,000 U.S. military reports detailing operations in Iraq. Those
disclosures were followed by release of millions of diplomatic
cables dating back to 1973.
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The U.N. Working Group does not have the authority to order the
release of a detainee - and Friday's ruling in unlikely to change
the legal issues facing Assange - but it has considered many
high-profile cases and its backing carries a moral weight that puts
pressure on governments.
Recent high-profile cases submitted to the U.N. panel include that
of jailed former Maldives President Mohamed Nasheed and of
Washington Post reporter Jason Rezaian, an Iranian-American jailed
in Iran until a prisoner swap last month.
But governments have frequently brushed aside its findings such as a
ruling on Myanmar's house arrest of opposition leader Aung San Suu
Kyi in 2008, a call in 2006 for the Iraqi government not to hang
former dictator Saddam Hussein, and frequent pleas for the closure
of the U.S. military prison at Guantanamo Bay.
"This changes nothing. We completely reject any claim that Julian
Assange is a victim of arbitrary detention. The UK has already made
clear to the UN that we will formally contest the working group’s
opinion," a British government spokesman said.
"He is, in fact, voluntarily avoiding lawful arrest by choosing to
remain in the Ecuadorean embassy," the spokesman said. "An
allegation of rape is still outstanding and a European Arrest
Warrant in place, so the UK continues to have a legal obligation to
extradite him to Sweden."
Swedish prosecutors said the U.N. decision had no formal impact on
the rape investigation under Swedish law. A U.S. Grand Jury
investigation into WikiLeaks is ongoing.
(Additional reporting by Johan Ahlander and Simon Johnson in
Stockholm, Tom Miles in Geneva, Writing by Guy Faulconbridge,
editing by Jeremy Gaunt)
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