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Player Coach | 22777 | No Team Selected |
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May 2006 | 19 years | |
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| Quote Chris28="Chris28"What job, home and life does he have in the UK/Ecuador at present?'"
Well his job is running his website. His life is the things he does, and I don’t know what his address was.
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| Quote Him="Him"And that argument just boils down to he shouldn't have to go if he doesn't want to, which is a ridiculous way to run a criminal justice system.'"
I don’t see what is ridiculous about not forcing an innocent man, who hasn’t had even a prima facie case put against him, to have his live disrupted and forced to travel t a country he doesn’t want to go to.
It would be entirely correct for the onus to be on the Swedish prosecutors to prove there was a case to be answered prior to forcing him to do anything
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International Chairman | 14970 | No Team Selected |
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Jun 2002 | 23 years | |
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| Quote SmokeyTA="SmokeyTA"I don’t see what is ridiculous about not forcing an innocent man, who hasn’t had even a prima facie case put against him, to have his live disrupted and forced to travel t a country he doesn’t want to go to.
It would be entirely correct for the onus to be on the Swedish prosecutors to prove there was a case to be answered prior to forcing him to do anything'"
There is a case to be answered, 2 women have accused him of rape and other sexual crimes. Whether he is guilty or not is irrelevant, that will be decided at any potential trial, but unless you think rape allegations shouldn't be investigated then there is most certainly a case to be answered. At the moment Assange refuses to answer it, and has broken the law to try and avoid answering that case.
Just because he doesn't want to go doesnt mean he shouldn't be extradited. And the political asylum is a ludicrous decision that interferes in the criminal justice system of this country.
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Moderator | 36786 | No Team Selected |
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Jul 2003 | 22 years | |
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| Quote SmokeyTA="SmokeyTA"Being legal, does not mean being right.
I don’t think anyone at all has argued about the legality of the action so im not sure why it is being brought up?'"
The intimation is that this is a purely political prosecution. My point is that if so, just about every layer of the Swedish justice system is apparently complicit.
Quote SmokeyTA="SmokeyTA"That decision went through due process and asylum was granted. You can make all the claims of ulterior motives that you like, but the fact remains that a valid legal procedure was followed in Ecuadaor, Sweden and the UK. If you think Sweden is an unimpeachable bastion of democratic process and a shining light of jurisprudence you clearly havent been following what they have been up to in their country.'"
How droll. Did you have a point you wanted to make?
Quote SmokeyTA="SmokeyTA"An independent democratic nation has decided, at the very highest levels that he is being persecuted, It is a valid legal option, and is in fact the only option he would have if the accusations are false and the prosecution vexatious.'"
Did you read the justification for the decision? They have NOT decided that he is being persecuted. They have decided that he [imight[/i be persecuted IF Sweden chose to expedite him to the USA. The basis of the asylum offer is that Sweden could not give them a categorical guarantee that they would not expedite him to the USA. A guarantee that it is impossible for ANY democratic government to provide.
Oh - and there are a number of experts on international law who question whether it was, in fact, a valid request.
Quote SmokeyTA="SmokeyTA"That’s another straw man. I can only ask you the question again would you be comfortable submitting yourself to this procedure. Would you be comfortable leaving your job, and home and life, to face accusations, that haven’t even been proved on a prima facie basis, which you believe you are innocent of, and you believe are vexatious, and travel to a country complicit in torture and rendition for an ally, the same ally which has held your source for 800 days without trial?'"
The problem with this question is that it presupposes that Assange's version of events is the truth.
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Moderator | 36786 | No Team Selected |
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Jul 2003 | 22 years | |
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| Quote SmokeyTA="SmokeyTA"I don’t see what is ridiculous about not forcing an innocent man, who hasn’t had even a prima facie case put against him, to have his live disrupted and forced to travel t a country he doesn’t want to go to.'"
A country he once lived in and in fact applied to have permanent residence in, on the grounds that he felt safe from persecution there. I wonder what's changed...
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| Quote Him="Him"There is a case to be answered, 2 women have accused him of rape and other sexual crimes. Whether he is guilty or not is irrelevant, that will be decided at any potential trial, but unless you think rape allegations shouldn't be investigated then there is most certainly a case to be answered. At the moment Assange refuses to answer it, and has broken the law to try and avoid answering that case.
Just because he doesn't want to go doesnt mean he shouldn't be extradited. And the political asylum is a ludicrous decision that interferes in the criminal justice system of this country.'"
No we have a long standing tradition and a right one in my opinion of the presumption of innocence. It is in fact the accusation which is irrelevant, and limiting of an individuals freedom, is (or at least the that’s the image which we like to project) based on the evidence presented. Right now, no evidence has been presented. There is nothing to actually prove that this accusation has any merit. The absence of a prima facie judgement means that the Swedish prosecutors haven’t proved that there is a case to answer. The presumption of innocence demands that until such a time as a case to answer has been proved, it is wrong for us to infringe or limit a persons freedom or liberty.
Political asylum doesn’t interfere with the judicial system, it is part of the judicial system. It is part of the checks and balances which protects people from a governments nefarious actions.
Turn it round, would you argue that someone granted political asylum in by the British Government, in a British embassy, should be extradited to Ecuador to face charges they, and the British Government suspect to be politically motivated where the prosecutors refused to interview them in the embassy, but demanded extradition without providing evidence there was a case to answer?
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| Quote Kosh="Kosh"A country he once lived in and in fact applied to have permanent residence in, on the grounds that he felt safe from persecution there. I wonder what's changed...'"
I once live in Australia, I wouldn’t travel back there to answer questions. I have a life to be getting on with.
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| Quote Kosh="Kosh"The intimation is that this is a purely political prosecution. My point is that if so, just about every layer of the Swedish justice system is apparently complicit.'" You seem to find this very unlikely, yet seem perfectly happy to believe a narrative that states the president of an independent democratically elected country has sparked a diplomatic crisis in a situation they had no prior involvement in, just to play silly buggers. And every level of the Ecuadorian foreign office is complicit.
Quote KoshHow droll. Did you have a point you wanted to make?'" Just wanted to highlight the double standards you were applying to the trustworthy ol’ Swedes (who were complicit in the secret rendition and torture of two men, with the US. The same US which has held Mr Assange’s source for 800 days without trial) and those dodgy South Americans
Quote KoshDid you read the justification for the decision? They have NOT decided that he is being persecuted. They have decided that he [imight[/i be persecuted IF Sweden chose to expedite him to the USA. The basis of the asylum offer is that Sweden could not give them a categorical guarantee that they would not expedite him to the USA. A guarantee that it is impossible for ANY democratic government to provide.'" It’s a distinction without a difference. The country which facilitates persecution is no better than the country which persecutes.
Quote KoshOh - and there are a number of experts on international law who question whether it was, in fact, a valid request.'" And similarly they are a number who don’t.
A sovereign, independent, democratically elected country has granted him political asylum. If we ever, ever, want others to respect a British decision to grant political asylum, then we should probably respect other nations when they do it.
Quote KoshThe problem with this question is that it presupposes that Assange's version of events is the truth.'"
Ei incumbit probatio qui dicit, non qui negat
Aye, the presumption of innocence is a novel concept to some. But western jurisprudence has been based on it for about 1400 years and its served us pretty well up to now
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International Chairman | 14970 | No Team Selected |
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Jun 2002 | 23 years | |
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| Quote SmokeyTA="SmokeyTA"No we have a long standing tradition and a right one in my opinion of the presumption of innocence. It is in fact the accusation which is irrelevant, and limiting of an individuals freedom, is (or at least the that’s the image which we like to project) based on the evidence presented. Right now, no evidence has been presented. There is nothing to actually prove that this accusation has any merit. The absence of a prima facie judgement means that the Swedish prosecutors haven’t proved that there is a case to answer. The presumption of innocence demands that until such a time as a case to answer has been proved, it is wrong for us to infringe or limit a persons freedom or liberty.
Political asylum doesn’t interfere with the judicial system, it is part of the judicial system. It is part of the checks and balances which protects people from a governments nefarious actions.
Turn it round, would you argue that someone granted political asylum in by the British Government, in a British embassy, should be extradited to Ecuador to face charges they, and the British Government suspect to be politically motivated where the prosecutors refused to interview them in the embassy, but demanded extradition without providing evidence there was a case to answer?'"
Right, I give up. Life's too short. Nope, you're right Smokey. The legal system should demand someone is prosecuted, tried and convicted BEFORE they can be arrested. Political asylum to non-politically threatened people fleeing the justice system doesn't interfere with the justice system. Ecuador is Sweden. Black is white. White is black.
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Player Coach | 22777 | No Team Selected |
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| Quote Him="Him"icon_frustrated.gif
Right, I give up. Life's too short. Nope, you're right Smokey. The legal system should demand someone is prosecuted, tried and convicted BEFORE they can be arrested. Political asylum to non-politically threatened people fleeing the justice system doesn't interfere with the justice system. Ecuador is Sweden. Black is white. White is black.'"
Or conversely, I can go to Sweden, say you raped me, then you can leave your job, family, home, responsibilities and spend months of your life trying to prove a negative. Good plan, seems fair.
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Moderator | 36786 | No Team Selected |
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Jul 2003 | 22 years | |
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| Quote SmokeyTA="SmokeyTA"You seem to find this very unlikely, yet seem perfectly happy to believe a narrative that states the president of an independent democratically elected country has sparked a diplomatic crisis in a situation they had no prior involvement in, just to play silly buggers. And every level of the Ecuadorian foreign office is complicit.'"
I find all conspiracy theories unlikely by default. And I haven't at any point suggested that the Ecuadorian government has just decided to play 'silly buggers'. There are a number of perfectly good political reasons for Ecuador to have acted as they have - none of which involve the relative merits of the actual case. The clots in charge of our own government didn't exactly help with their ill-judged sabre-rattling.
Quote SmokeyTA="SmokeyTA"Just wanted to highlight the double standards you were applying to the trustworthy ol’ Swedes (who were complicit in the secret rendition and torture of two men, with the US. The same US which has held Mr Assange’s source for 800 days without trial) and those dodgy South Americans'"
The only person to even raise the alleged untrustworthiness of 'dodgy South Americans' is you. I am aware of the previous incidents involving the Swedes that you refer to, and it is highly unlikely that they would be able to get away with anything like the same again - even if they wanted to - given the high profile of the Assange case.
Quote SmokeyTA="SmokeyTA"It’s a distinction without a difference. The country which facilitates persecution is no better than the country which persecutes.'"
It's a distinction which Ecuador itself has made. The request for Sweden to promise to override it's own laws and judicial system was simply smoke and mirrors - no democracy could have agreed to that request.
Quote SmokeyTA="SmokeyTA"And similarly they are a number who don’t.'"
Which would indicate that it's not quite as clear-cut as you claim, no?
Quote SmokeyTA="SmokeyTA"A sovereign, independent, democratically elected country has granted him political asylum. If we ever, ever, want others to respect a British decision to grant political asylum, then we should probably respect other nations when they do it.'"
We have a legal duty to comply with the EAW which was legally presented to us and tested at every level of our judicial system. Moreover, Assange has now committed a crime right here in the UK. Are you suggesting that we simply ignore our treaty obligation with the EU and also our own laws?
Quote SmokeyTA="SmokeyTA"Aye, the presumption of innocence is a novel concept to some. But western jurisprudence has been based on it for about 1400 years and its served us pretty well up to now'"
If you can indicate where a presumption of guilt has been made then you might have a point. Good luck with that.
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| Quote SmokeyTA="SmokeyTA"Or conversely, I can go to Sweden, say you raped me, then you can leave your job, family, home, responsibilities and spend months of your life trying to prove a negative. Good plan, seems fair.'"
Straw man.
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