nathan
Zygoticly Phased
- Joined
- Nov 22, 2004
- Messages
- 3,477
The truly brilliant plan evolves such that nobody thinks that there was any plan at all.
"When you do things right, people won't be sure you've done anything at all"
The truly brilliant plan evolves such that nobody thinks that there was any plan at all.
Do you have any actual legal arguments? What did the UK courts get wrong in the Assange case?
you're comparing apples to oranges there.
you're attempting to justify Assange's actions by saying, "look, this person did something much worse! Why wasn't he punished?"
Nitpick: The House of Lords is unelected. In the Pinochet case, they approved extradition (overturning a lower court's decision).
FAILURE TO EXTRADITE PINOCHET = BAD
FAILURE TO EXTRADITE ASSANGE = ALSO BAD.
The law should be about the law.
My point is that the law is a good law, and it is being applied in a good and proper way in the Assange case. Do you disagree with this point?
Do you have any evidence that laws were made, changed, or interpreted especially to achieve the result in the Assange case?
I have plenty of problems with that.
Does the application of Swedish law to Assange violate his human rights? No.
Does the application of UK law to Assange violate his human rights? No.
Again: It's not the same laws. The laws were changed in 2004. And the government has been changed incrementally throughout the intervening years between the two cases, as well.
The fact is, you have no idea what laws were in effect in 1998 when Pinochet was arrested. You have no idea what jurisdiction the UK had to judge Pinochet. You have no idea what authority the UK government had to impose its will on Pinochet. You have no idea what authority Spain had to request his extradition, or to put him on trial. You have no idea if Pinochet was treated fairly, or if the law that was applied to him was good or bad.
And the fact is, you want the two cases--about which you know nothing--to be similar, when they are actually quite different on every point you consider important.
And if Spain actually had jurisdiction over crimes committed by foreign nationals in foreign countries, I'm sure the UK would honor Spanish extradition requests for those foreign nationals.
It seems like you are questioning Assange's extradition because the UK didn't completely ignore its own laws (which you agree are not bad laws) and enforce lawless vigilante justice on Pinochet.
Not really. They're not surrounding the embassy for a sex-related crime. They're surrounding the embassy for a legitimate extradition subject, who is fleeing from justice.
You've repeatedly acknowledged that UK and Swedish law is not similar to these other horrible laws that you keep bringing them up.
If Swedish and UK law is not unjust or inhumane, then there is no objection to seeing Swedish and UK law applied. I will ignore all further references to irrelevant unjust laws.
Assange sought refuge in the embassy to avoid legitimate extradition. Do you think the effort to retrieve him is out of proprotion to his actions?
If I may..
Forcing sex without condom when asked to use it = BAD
Ordering the killings of thousansd = ALSO BAD
Maybe the second case is slightly more serious?
Heh, and he could have avoided the whole mess if he'd stayed in the condom instead of distancing himself from it. Or by distancing himself from the bedroom instead of staying in it.
ETA: And I guess now the UK wants him to distance himself from the Ecuadorian embassy, but he's staying in it.
I guess it remains to be seen if John Mekki will distance himself from the thread or stay in it...
Can you please name me another case where the UK (or any other western government) threatens to invade a foreign embassy space to take a person who stands accused of not putting a condom on when he should have?
That's part of it, sure. But another part is defining what limits are on the government and its use of force against people.This comes as news to me.
I thought the law was about defining what behaviour is acceptable and what is not in a public society, or somethiong like that
Probably because the cases were different, and almost certainly because the laws were different. Since you're the one who's interested in this question, you should probably investigate these differences to find the answers.My point is why the laws were applied in one way in one case and in another way in another case
It's a moot point. Since the laws were bad laws, I don't care whether they were misapplied. That they were applied at all is bad enough for me.Good that you have.
Now, do you have any evidence that the laws were misapplied in those cases?
It's a good thing that's not a part of applying UK and Swedish law to Assange in this case, then.Maybe not.
Unless of course then Sweden extradites Assange to the US where he may face death penalty (or life in prison) for having leaked confidential documents
There were legitimate questions about Spain's authority to seek extradition of Pinochet. There were legitimate questions about the UK's authority to comply with Spain's extradition request. The questions were discussed at length by the governments involved, and the answers they arrived at are a matter of public record.I see.
So you are suggesting that there has been a revolution in the UK laws about extradition so that before the change they denied the extradition of a person accused of crimes against humanity and after they seeked with force the extradition of a person wanted fopr crimes about sex?
Interesting opinion
Nope, that's your job: You want us to consider the Pinochet case, you'll have to explain all this. Your claim, your burden of proof.Since you know all this, please explain to me
Clearly.I see.
I know they were different, as I consider Pinochet case much more serious than Assange` s
Good for you, you found out what Spain had to say. Should the UK have simply accepted Spain's decision and complied with Spain's demand? Or should the UK have considered the matter for itself? And isn't that what actually happened?According to the Spanish Audiencia Nacional, Spain had
Garzón argued that Spain had universal jurisdiction over the alleged crimes, that the alleged offences fell within the Spanish legal definitions of genocide, terrorism and torture, and that the domestic amnesties in Argentina and Chile did not preclude an investigation in Spain, as Spain does not recognize general amnesties and also because the amnesty laws violated the international obligations of the countries concerned to investigate and prosecute the alleged crimes.
[..]
In short, by endorsing a broad interpretation of genocide, the Audiencia Nacional provided crucial backing for Garzón’s efforts to arrest Pinochet in London and extradite him to Spain.
http://abacus.bates.edu/~bframoli/pagina/garzon.pdf
If you have problems with the interpretation of the law in Assange's case, state them clearly here. Put up or shut up.But, as I said, and as I repeat, laws can be interpreted in one way or another according to the will of who holds the power of interpreting the laws.
You can send a person to jail for six months for insult to public officier and let a mafia boss who killed tens of people free.
All this formally respecting the law in both cases.
It's vigilante justice when you ignore the law.Let alone that I did not enter in discussing whether UK laws are good or bad in abstract terms, I find it cute that you consider "vigilante justice" the desire to bring a person accused of crimes against humanity to trial.
Every time you've brought up a bad law, I've asked you if you thought UK and Swedish law was similarly bad, and you've said no. There's probably at least one example in every exchange you and I have made in the past two pages of this thread. Clearly you don't think Assange is the victim of bad laws. Neither do I. So at least we agree on that.I do not necessarily disagree with this, but where did I acknowledge this?
I would be most pleased if you were to study how the laws were interpreted and applied in these two cases, rather than bringing up irrelevant examples of bad laws. It's what I've been asking you to do for the last two pages of this thread. Will you do it?No.
What you are and keep ignoring is that laws are not "good" or "bad" in absolute terms, interpretation and willi to apply them in the right way also matter
People accused of sex crimes are frequently extradited between EAW nations. It's not at all unusual that Assange, having been accused of a sex crime, should be extradited.Can you please name me another case where the UK (or any other western government) threatens to invade a foreign embassy space to take a person who stands accused of not putting a condom on when he should have?
Assange is accused of physically forcing a woman to have sex under conditions she refused to accept. That's a tad more serious than not putting a condom on when he should have.
And a tad less serious than being accused of crime against humanity, that is, ordering the slaughter of thousands of people, a kind of crime that does not seem to cause much concern to you, for some reasons.
And once again if you can establish any reason why the one has a bearing on the other feel free to mention it.
And a tad less serious than being accused of crime against humanity, that is, ordering the slaughter of thousands of people, a kind of crime that does not seem to cause much concern to you, for some reasons.
Just because someone stands accused of a crime--even a heinous crime--that doesn't mean the government automatically has the right to impose its will on them. That's why it's important to consider both the legality of the alleged crime and the legality of the government's response.
Probably because the cases were different, and almost certainly because the laws were different. Since you're the one who's interested in this question, you should probably investigate these differences to find the answers.
For those of us interested in the merits of the Assange case on its own terms, you'll need those answers to support your insistence that the two cases should be compared.
It's a moot point. Since the laws were bad laws, I don't care whether they were misapplied. That they were applied at all is bad enough for me.
It's a good thing that's not a part of applying UK and Swedish law to Assange in this case, then.
There were legitimate questions about Spain's authority to seek extradition of Pinochet. There were legitimate questions about the UK's authority to comply with Spain's extradition request. The questions were discussed at length by the governments involved, and the answers they arrived at are a matter of public record.
(..)
Nope, that's your job: You want us to consider the Pinochet case, you'll have to explain all this. Your claim, your burden of proof.
And if you'd actually studied the Pinochet case, you'd know that the British House of Lords at the time agreed with you: They found that Pinochet's alleged crimes were so serious that even though British law does not usually have jurisdiction over crimes committed by foreign nationals in foreign lands, in this case the British government did have jurisdiction.
Good for you, you found out what Spain had to say. Should the UK have simply accepted Spain's decision and complied with Spain's demand? Or should the UK have considered the matter for itself? And isn't that what actually happened?
If you have problems with the interpretation of the law in Assange's case, state them clearly here. Put up or shut up.
It's vigilante justice when you ignore the law.
Every time you've brought up a bad law, I've asked you if you thought UK and Swedish law was similarly bad, and you've said no.
I would be most pleased if you were to study how the laws were interpreted and applied in these two cases, rather than bringing up irrelevant examples of bad laws. It's what I've been asking you to do for the last two pages of this thread. Will you do it?
If you have problems with how the laws were interpreted and applied, state them clearly here. Put up or shut up.
People accused of sex crimes are frequently extradited between EAW nations. It's not at all unusual that Assange, having been accused of a sex crime, should be extradited.
It's not at all unusual for governments to pursue people who flee extradition, and to demand their surrender when they seek asylum.
The fact that this particular combination of alleged crimes, fleeing extradition, and seeking asylum is irregular doesn't mean that the problem is irregular, or that the UK is behaving irregularly in this case.
Your over-valuing of the UK's statements on the limits of diplomatic immunity is disingenuous. If you have problems with what the UK actually said, state them clearly here. Put up or shut up.
Your under-valuing of the nature of the crimes Assange stands accused of is disgusting. Other people may keep responding to it, but I won't.
I have the old-school opinion that a legal system, especially within the same country, should be applied somehow consistently among similar cases.
Comparison between different legal cases regarding similar issues (issues of extradition, for example) are common practice in any legal system
The co-founder too eh? The extradition court heard from one the alleged victims that he told her "‘Sweden is a good country to have kids in". And a museum worker said "He said things, like he wanted to get women pregnant. He said he preferred virgins because it meant he would be the first to impregnate them." Going around telling everyone, even the help at museums, that you are obsessed with impregnating women in a cynical and egotistical manner, then later force women to have sex with you without a condom, then claim that the entire thing was orchestrated by the pentagon, you're a nut, you're a joke, in this case more like an exhibit at a zoo than anything else...I know you're just kidding here, but the co-founder of Wikileaks wrote that Assange had a goal of impregnating women all over the world. Some kind of power trip/dominance type of deal.
And a tad less serious than being accused of crime against humanity, that is, ordering the slaughter of thousands of people, a kind of crime that does not seem to cause much concern to you, for some reasons.
I have the old-school opinion that a legal system, especially within the same country, should be applied somehow consistently among similar cases.
Comparison between different legal cases regarding similar issues (issues of extradition, for example) are common practice in any legal system
So when are you actually going to compare them?
Other people in this thread have compared the Assange case to several other recent sex-crime extradition cases between EAW nations. Have you read their comparisons? Did you find that Assange's case is being handled differently than similar cases?
The UK has honored over 3,000 EAW extradition requests since signing on to the agreement in 2004. Have you compared the Assange case to any of those? Did you find that Assange's case is being handled differently than any of those?
And, of course, have you actually compared Assange's case to Pinochet's case? So far, all you've done is point out that the two cases exist, and have different outcomes. When will you actually study the details of the two cases, and see whether the results were appropriate or not?
ETA: What if it turns out that the UK had good reasons to extradite Assange, and good reasons to not extradite Pinochet?
The co-founder too eh? The extradition court heard from one the alleged victims that he told her "‘Sweden is a good country to have kids in". And a museum worker said "He said things, like he wanted to get women pregnant. He said he preferred virgins because it meant he would be the first to impregnate them." Going around telling everyone, even the help at museums, that you are obsessed with impregnating women in a cynical and egotistical manner, then later force women to have sex with you without a condom, then claim that the entire thing was orchestrated by the pentagon, you're a nut, you're a joke, in this case more like an exhibit at a zoo than anything else...
Why apples to oranges?
It is the same country dealing with extradition issues in both cases.
I have never said this