The Lifeboat News
[ Message Archive | The Lifeboat News ]

    Assange in Belmarsh Archived Message

    Posted by AlanG on August 31, 2019, 4:32 pm

    Here is some correspondence between us and our MP.
    (For those with time constraints the last item, from the Ministry of Justice (sic), is the icing on the cake.)

    Us to MP 11 April:

    Good Afternoon

    We want you to know that we are appalled at the betrayal of Julian Assange. This man has already been effectively imprisoned for 7 years (at a cost of millions of pounds!) by the UK government for revealing war crimes committed by the US. It looks like he will now be handed over for further punishment to those whose crimes he published. Politicians in the US have called for his death and in his current state of health his treatment by the US authorities, if Chelsea Manning's experience is anything to go by, may well satisfy them. This prospect leaves us feeling sick and ashamed of the part played by our government. Please do all you can to prevent Julian Assange's extradition to the US.

    Best wishes,

    (Automated response)

    Us to MP 21 May:

    Hello xxx

    We are disappointed not to have heard back from you with regard to the email we sent you on 11 April (below). Please can you ask Rory Stewart, the Minister responsible for prisons, on our behalf, to put our minds at rest concerning the following:

    Please can you confirm that Julian Assange is not being held in conditions of maximum security? It would obviously not be appropriate for someone serving a sentence for skipping bail at a time when no charge had actually been laid against him!

    Can you confirm that interrogators from the US security/intelligence services are not being allowed access to Assange in his confinement without his consent? Again, it is hard to imagine that UK law would countenance such an abuse but the reports are circulating.

    Can you confirm that Assange's health has not suffered during his imprisonment and that any medical treatment he is receiving is by his consent? Reports that psychotropic drugs are being used on him and that he is consequently suffering significant weight loss are current.
    Can you confirm that he is allowed to communicate with members of his family, in particular with his mother who, not surprisingly, is concerned for her son? It would be an unusual and inhuman act to prevent such contact, obviously, and in breach of his rights.

    Can you confirm that his legal team has unrestricted and private access to him? Again it is obvious that his rights as guaranteed in UK and international law should be routinely upheld.

    Can you confirm that the UK government has not been complicit in the handing over of his personal and private belongings to US government officials and what steps were taken to prevent this abuse?

    We would still welcome your own comments on the message we sent you 6 weeks ago!

    Best wishes

    (Automated response)

    Us to MP 14 June:

    Good morning

    We are forwarding the emails we sent to you on 11 April and 21 May in the hope that we may yet receive replies beyond the automatic acknowledgements which promised fuller responses within 2 weeks.

    In case you are unaware of the latest developments in the story of Julian Assange we would like to draw your attention to the findings of Nils Melzer, the UN Special Rapporteur on Torture, who visited Assange recently in Her Majesty's Prison Belmarsh. Melzer is Professor of International Law at the University of Glasgow. He also holds the Human Rights Chair at the Geneva Academy of International Humanitarian Law and Human Rights in Switzerland, where he has been teaching since 2009, including as the Swiss Chair of International Humanitarian Law (2011–2013). Melzer previously worked for 12 years with the International Committee of the Red Cross as Deputy Head of Delegation and Legal Adviser in various zones of conflict and violence. The following are his words:

    'I've worked in many areas of war in my life, in situations of violence, and I've talked to victims of persecution around the world and I've seen very serious atrocities. 'But [what] I have never seen is that a single person has been deliberately isolated and, I would say, persecuted - not prosecuted, but persecuted - by several democratic states in a concerted effort to eventually break his will.'

    'We could see that Assange showed all the symptoms that are typical for prolonged exposure to psychological torture.'

    'The evidence made available to me strongly suggests that the primary responsibility for the sustained and concerted abuse inflicted on Mr Assange falls on the governments of the United Kingdom, Sweden, the United States and, more recently, also Ecuador...

    'The consistent and repeated failure of all involved states to protect Mr Assange's fundamental right to fair judicial proceedings and due process makes the hypothesis of mere coincidence extremely unrealistic and gives a strong impression of bias and arbitrary manipulation. This starts with the secretive grand jury indictment in the United States, continues with the abusive manner in which Swedish prosecutors disseminated, re-cycled and perpetuated their "preliminary investigation" into alleged sexual offences, exacerbates with the termination by Ecuador of Mr Assange's asylum status and citizenship without any form of due process, and culminates in overt bias against Mr Assange being shown by British judges since his arrest.

    'The only realistic explanation for this sustained systemic failure of the judiciary is that the United States, and probably also the other involved states, are trying to make an example of Mr Assange before the eyes of the world, not as much as a punishment for whatever real or perceived harm he is alleged to have caused, but as a measure of deterrence for others who might be tempted to imitate Wikileaks and Mr Assange in the future. In these circumstances, Mr Assange has absolutely no chance to get a fair judicial proceeding in any of these jurisdictions.'

    It is apparent to us that the conspiracy to destroy Julian Assange for what he has achieved with Wikileaks has been supported by an extraordinary campaign of character assassination that has deterred many people in public life from becoming involved. We consider that 'British justice' has already been subverted in the cause of giving Assange up to the US; his case is political from start to finish which is why we are trying, so far, it seems, in vain, to interest our Member of Parliament. The news as we write this is that Home Secretary Sajid Javed is letting the extradition hearing know that he has already signed the US extradition order so he clearly expects a legal rubber-stamping so Julian Assange can be finally disposed of in the US penal system.

    We remain appalled and disgusted at Julian Assange's treatment: it continues to make us feel ashamed that basic standards of justice and decency can be so easily discarded here at the behest of a foreign power. Your silence and apparent reluctance to represent or even engage with us over this issue troubles us. Please tell us we needn't feel ashamed of our representative in Parliament as well!

    MP to us 2 July!:

    Dear xxx and xxx

    Thank you for contacting me about Julian Assange.

    As you are aware, Mr Assange was arrested on 11 April 2019 after spending nearly seven years inside the Ecuadorean embassy in London.

    Mr Assange was arrested for failing to surrender to the court in relation to extradition proceedings to Sweden in 2012, in breach of his bail conditions. He was found guilty of this offence at Westminster Magistrates' Court and will be sentenced at a later date.

    I understand a request has been made for the Swedish Prosecution Authority to resume a preliminary investigation into an allegation of rape. The Deputy Director of Public Prosecution in Sweden has confirmed the case will be examined to determine how to proceed. Should the Swedish authorities reopen their investigations into this matter and request the extradition of Mr Assange to face charges of rape, I believe such a request should be granted. I do not presume guilt, but due justice must be followed, and it is important for any complainant to see justice done.

    Regarding the specific issue of whistleblowing at WikiLeaks, Mr Assange was also recently served with a warrant for provisional arrest pending an extradition request from the US, in relation to computer offences. Following a provisional arrest, full extradition papers must be received by a judge in the UK within 65 days. The UK Home Office would have to certify the request before it is submitted to the court for extradition proceedings to commence, and the courts would then consider whether any bars to extradition apply. Mr Assange's legal team has said he will resist this extradition request.

    In UK legislation, we have protections for whistleblowers in the belief that protection should be afforded to those who take a personal risk to disclose wrongdoing where that disclosure serves the public interest. I believe Mr Assange is at risk of extradition to the US because he has exposed material that is greatly in the public interest.

    The matter of extradition to the US is now in the hands of the British courts and legal system, in which I have the utmost confidence. However, on the basis of what we currently know, I do have concerns about Mr Assange's potential extradition to the US.

    Any other charges on any other matters should be addressed on their own merits, and within the rule of law. In addition, I have written to the Prisons Minister, Rory Stewart, on your behalf and I will be back on touch once I have received a response.

    Thank you once again for contacting me and for sharing your views. I can assure you I will continue to follow developments closely.

    Kind regards

    MP to us 5 August, attaching reply from Ministry:

    Ministry of Justice Robert Buckland QC MP
    Minister of State for Justice
    15 July 2019

    Dear Ruth

    Thank you for your letter of 2 July sent on behalf of your constituent, xxx, regarding her (sic)
    concerns for the welfare of Mr Julian Assange, currently a prisoner at HMP Belmarsh.

    As a responsible Government Agency, Her Majesty’s Prison and Probation Service (HMPPS) are duty bound to comply with legislation regarding data protection in order to protect the personal information of all those who live, work and visit any of our establishments. It would therefore not be appropriate to offer comment on individual prisoners within HMPPS, and I am therefore unable to provide you with a full response to the issues you have raised. Your constituent’s concerns have, however. been noted and shared with the Governor at HMP Belmarsh.

    Whilst it is correct that Mr Assange is being held in a high security prison, HMP Belmarsh is a local prison which serves mainly the Central Criminal Court and a number of Magistrates Courts in South East London. in addition to Crown and Magistrates Courts in South West Essex. However. the establishment has a dual role of holding both remand and sentenced prisoners and houses all categories of prisoners including those deemed as Category A.

    I would like to take this opportunity to assure you that all prisoners held in the custody of HMPPS are not detained in a manner which infringes their human rights. nor in contravention of international law and. As with all detention facilities, HMP Belmarsh is subject to independent scrutiny from Her Majesty's Inspectorate of Prisons (HMIP), whose role is to report on the conditions and treatment of prisoners and other detainees, promoting the concept of “healthy prisons” in which staff work effectively to reduce re-offending and achieve positive outcomes for those detained and the public. Similarly. an Independent Monitoring Board (IMB) made up of volunteer members is appointed by the Secretary of State to provide regular visits to the prison to check on matters of regime delivery and prisoner welfare. HMPPS works to provide a safe environment where prisoners are encouraged and supported to engage with the opportunities afforded to them to support their rehabilitation, ranging from education courses and offending behaviour programmes to employment opportunities, with additional support being provided to address any medical or mental health needs.

    I can confirm that every prisoner is risk assessed upon their reception into custody and extra measures are put in place to protect prisoners where there are concerns for their welfare. Prisoners can expect to be treated with dignity and respect during their time in custody, and will receive the necessary support to safeguard their wellbeing for the duration of their sentence.

    The Strengthening Prisoners' Family Ties framework supports the maintenance and development of prisoners“ reistionships with family, significant others and friends by using a range of methods and interventions. Supporting prisoners’ relationships outside of'prison is considered to help prevent re-offending and reduce intergenerational crime.

    Visits from legal advisors are facilitated in accordance with Prison Service Instruction (PSI) 16-2011 Providing Visits and Services to Visitors. which forms part of the Strengthening Prisoners’ Family Ties framework. and these rights are not subject to change or limitation according to the profile or details of any prisoner’s individual case.

    Additionally. PSI 49-2011 Prisoner Communication Services, which also forms part of the aforementioned framework. requires prisons to actively encourage prisoners to maintain outside contact and meaningful family ties and it is widely recognised that this plays an integral part in reducing re-offending. All prisoners have a statutory entitlement to send and receive letters and to make phone calls. Being able to communicate with those outside is part of providing a safe and decent environment for prisoners and contributes to a reduction in self—harm and suicide.

    On the wider issue of matters of public health, the Ministry of Justice is not responsible for the commissioning of healthcare services in public prisons and this is the responsibility of NHS England and the Welsh Government. The commitment to working with health and justice partners is set out in the National Partnership Agreement for Prison Healthcare in England, which was published in April 2018 and is available for the public to view through the Government website (www.gov.uk). Prisoners can however expect to receive the same health treatment as anyone outside of the prison. It is left to NHS clinicians/practitioners to use their professional judgement in managing each patient based on a principle of equity of care with that provided to the general population and with due consideration of confidentiality. HMPPS is committed through the National Partnership Agreement to safeguarding the public health of those in prison.

    Additionally, if prisoners are unhappy with any aspect of their custodial care, they are able to raise a complaint in accordance with PSI 02-2012 Prisoner Complaints. This system exists to provide an effective method for dealing with prisoner complaints and helps to ensure that the Prison Service meets its obligation of dealing fairly, openly and humanely with prisoners. Using this process will not only ensure that a prisoner will receive a reply within a set timeframe but also offers them an internal avenue of appeal if they are unhappy with the initial response. More importantly, once internal avenues have been exhausted and if they remain unhappy with responses received, it aiso offers them recourse to write to the Prisons and Probation Ombudsman to seek an independent review of their complaint.

    If your constituent wouid like any further information on life in prison then this is available to the public through the Government website (www.gov.ukllife-in-prison). Additionally all Prison Service operating instructions are published as PSI‘s and are available for the public to view through the Justice website (www.iustice.ctov.uk/offenders/psis).

    I am sorry that I am unable to comment specifically on Mr Assange. but hope my response offers your constituent a sufficient level of assurance.

    Yours ever, Robert

    Message Thread: