Subject: Concern for More Proportionate and Humane Conditions of Custody for Julian Assange

Attention: Hon Richard Marles MP (Deputy Prime Minister)

Cc:

Senator the Hon Penny Wong (Minister for Foreign Affairs)

Mr Andrew Wilkie MP (Chair Bring Julian Assange Home Parliamentary Group)

Dear Deputy Prime Minister, Hon Richard Marles MP,

I am writing to express my concern about Julian Assange's continuing incarceration in Belmarsh Prison in solitary confinement despite his deteriorating health. I urge you to take up Assange's case as a matter of urgency with the UK and US governments at the highest levels for the following reasons:

Reporting war crimes must not be a crime. Prosecuting Assange for publishing details about war crimes potentially criminalises any journalist or media outlet who publishes such information. Journalists are reportedly already being intimidated by this case and self censoring, so democracies everywhere are under potential threat from this case. A free press is the fourth estate of democracy and crucial to its healthy functioning.

There is criticism of this prosecution from a wide range of media and human rights organisations. In February 2021, an open letter to the Biden administration was signed by Amnesty International, Human Rights Watch, Reporters Without Borders, The American Civil Liberties Union and a dozen other high profile organisations. They said, "We share the view that the government's indictment of Assange poses a grave threat to press freedom, both in the United States and abroad... because much of the conduct described in the indictment is conduct that journalists engage in routinely."

Of particular concern is the issue of the extraterritorial reach of US law and the precedent it sets. When Wikileaks released the documents from Chelsea Manning, Mr Assange was based in Europe and not a US citizen. This prosecution removes any moral authority the US, UK and Australian governments might have to criticise other countries for imprisoning journalists or taking action against them outside their borders.

The treatment of Julian Assange has been described as psychological torture by the former UN Special Rapporteur on Torture, Prof Nils Melzer. "By British standards, fifty weeks in prison for a bail violation is a completely disproportionate sanction. The vast majority of bail violations that do not involve the perpetration of additional serious offences are punished with fines or disciplinary sanctions. Even if a bail violation were to result in a short custodial sentence, that sentence would certainly not be served in a high-security setting amounting to solitary confinement. Except in the case of Julian Assange", (p. 49, The Trial of Julian Assange, by Nils Melzer).

It has been reported that 30 former US officials have come forward to reveal aggressive spying on Assange and others in the Ecuadorian Embassy, including discussions of options for Julian's abduction or assassination. This transgressed legal, medical and journalists' confidentiality. How can he be extradited to a country that seriously considered assassinating him?

One of the main witnesses for the prosecution, Sigurdur Ingi Thordarson, has been convicted for abuse of minors and financial fraud, and has admitted that he lied in his accusations in the indictment against Assange, in return for an immunity from prosecution deal. The US does not have a case, because no crime has been committed. In short this is entirely a political prosecution.

Efforts were successfully made by the previous government to obtain the release of Kylie Moore-Gilbert from an Iranian prison and James Ricketson from a Cambodian prison yet it seems little has been done to secure Julian Assange's release despite his deteriorating condition. I ask that you publicly release details of actions by your government to secure the release of Mr Assange.

Mr Assange has now been in prison or detention for more than ten years, which is more than many violent criminals. He is a man of peace who has always acted on principle rather than for personal gain. He has not received the health care he needs in Belmarsh Prison, particularly since he suffered a mini-stroke last year. Australia has a duty of care to Australian citizens in trouble. If Assange dies or is extradited to the US, public support for the Australian-US alliance will likely diminish with political blowback for your government. A recent poll by Essential Research confirmed that only 12% of Australians oppose his return with 88% either supporting it or undecided.

I request that you make immediate representations to have Mr Assange moved to home detention so that he can be reunited with his family and receive adequate medical care while he awaits the outcome of the appeals process. At the very least he should be removed from Belmarsh to a low security prison. Belmarsh is an entirely inappropriate prison for someone who presents no public risk.

I am aware that supporters of Julian Assange are planning to visit your office on the 7th October to ask you to publicly release details of actions by your government to secure more proportionate and humane conditions of custody for Mr Assange. If I am unable to attend in person, please add my name to the list of parties interested in such details.

Thank you for your time,

With Respect,

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