Mr. Chairman, esteemed members of the Parliamentary Assembly of the Council of Europe, ladies and gentlemen.
The transition from years of confinement in a maximum-security prison to standing here before the representatives of 46 nations and 700 million people is a profound and surreal shift.
The experience of isolation for years in a small cell is difficult to convey; it strips away one’s sense of self, leaving only the raw essence of existence.
I am not yet fully equipped to speak about what I have endured – the relentless struggle to stay alive, both physically and mentally, nor can i speak yet about the deaths by hanging, murder, and medical neglect of my fellow prisoners.
I apologise in advance if my words falter or if my presentation lacks the polish you might expect in such a distinguished forum.
Isolation has taken its toll, which I am trying to unwind, and expressing myself in this setting is a challenge.
However, the gravity of this occasion and the weight of the issues at hand compel me to set aside my reservations and speak to you directly. I have traveled a long way, literally and figuratively, to be before you today.
Before our discussion or answering any questions you might have, I wish to thank PACE for its 2020 resolution (2317), which stated that my imprisonment set a dangerous precedent for journalists and noted that the UN Special Rapporteur on Torture called for my release.
I’m also grateful for PACE’s 2021 statement expressing concern over credible reports that US officials discussed my assassination, again calling for my prompt release.
And I commend the Legal Affairs and Human Rights Committee for commissioning a renowned rapporteur, Sunna Ævarsdóttir, to investigate the circumstances surrounding my detention and conviction and the consequent implications for human rights.
However, like so many of the efforts made in my case – whether they were from parliamentarians, presidents, prime ministers, the Pope, UN officials and diplomats, unions, legal and medical professionals, academics, activists, or citizens – none of them should have been necessary.
None of the statements, resolutions, reports, films, articles, events, fundraisers, protests, and letters over the last 14 years should have been necessary. But all of them were necessary because without them I never would have seen the light of day.
This unprecedented global effort was needed because of the legal protections that did exist, many existed only on paper or were not effective in any remotely reasonable time frame.
I eventually chose freedom over unrealisable justice, after being detained for years and facing a 175 year sentence with no effective remedy. Justice for me is now precluded, as the US government insisted in writing into its plea agreement that I cannot file a case at the European Court of Human Rights or even a freedom of information act request over what it did to me as a result of its extradition request.
I want to be totally clear. I am not free today because the system worked. I am free today because after years of incarceration because I plead guilty to journalism. I plead guilty to seeking information from a source. I plead guilty to obtaining information from a source. And I plead guilty to informing the public what that information was. I did not plead guilty to anything else. I hope my testimony today can serve to highlight the weaknesses of the existing safeguards and to help those whose cases are less visible but who are equally vulnerable.
As I emerge from the dungeon of Belmarsh, the truth now seems less discernible, and I regret how much ground has been lost during that time period when expressing the truth has been undermined, attacked, weakened, and diminished.
I see more impunity, more secrecy, more retaliation for telling the truth and more self censorship. It is hard not to draw a line from the US government’s prosecution of me – its crossing the rubicon by internationally criminalising journalism – to the chilled climate for freedom of expression now.
When I founded WikiLeaks, it was driven by a simple dream: to educate people about how the world works so that, through understanding, we might bring about something better.
Having a map of where we are lets us understand where we might go.
Knowledge empowers us to hold power to account and to demand justice where there is none.
We obtained and published truths about tens of thousands of hidden casualties of war and other unseen horrors, about programs of assassination, rendition, torture, and mass surveillance.
We revealed not just when and where these things happened but frequently the policies, the agreements, and structures behind them.
When we published Collateral Murder, the infamous gun camera footage of a US Apache helicopter crew eagerly blowing to pieces Iraqi journalists and their rescuers, the visual reality of modern warfare shocked the world.
But we also used interest in this video to direct people to the classified policies for when the US military could deploy lethal force in Iraq and how many civilians could be killed before gaining higher approval.
In fact, 40 years of my potential 175-year sentence was for obtaining and releasing these policies.
The practical political vision I was left with after being immersed in the world’s dirty wars and secret operations is simple: Let us stop gagging, torturing, and killing each other for a change. Get these fundamentals right and other political, economic, and scientific processes will have space to take care of the rest.
WikiLeaks’ work was deeply rooted in the principles that this Assembly stands for.
Journalism that elevated freedom of information and the public’s right to know found its natural operational home in Europe.
I lived in Paris and we had formal corporate registrations in France and in Iceland. Our journalistic and technical staff were spread throughout Europe. We published to the world from servers in based in France, Germany, and Norway.
But 14 years ago the United States military arrested one of our alleged whistleblowers, PFC Manning, a US intelligence analyst based in Iraq.
The US government concurrently launched an investigation against me and my colleagues.
The US government illicitly sent planes of agents to Iceland, paid bribes to an informer to steal our legal and journalistic work product, and without formal process pressured banks and financial services to block our subscriptions and freeze our accounts.
The UK government took part in some of this retribution. It admitted at the European Court of Human Rights that it had unlawfully spied on my UK lawyers during this time.
Ultimately this harassment was legally groundless. President Obama’s Justice Department chose not to indict me, recognizing that no crime had been committed.
The United States had never before prosecuted a publisher for publishing or obtaining government information. To do so would require a radical and ominous reinterpretation of the US Constitution.
In January 2017, Obama also commuted the sentence of Manning, who had been convicted of being one of my sources.
However, in February 2017, the landscape changed dramatically. President Trump had been elected. He appointed two wolves in MAGA hats: Mike Pompeo, a Kansas congressman and former arms industry executive, as CIA Director, and William Barr, a former CIA officer, as US Attorney General.
By March 2017, WikiLeaks had exposed the CIA’s infiltration of French political parties, its spying on French and German leaders, its spying on the European Central Bank, European economics ministries, and its standing orders to spy on French industry as a whole.
We revealed the CIA’s vast production of malware and viruses, its subversion of supply chains, its subversion of antivirus software, cars, smart TVs and iPhones.
CIA Director Pompeo launched a campaign of retribution.
It is now a matter of public record that under Pompeo’s explicit direction, the CIA drew up plans to kidnap and to assassinate me within the Ecuadorian Embassy in London and authorized going after my European colleagues, subjecting us to theft, hacking attacks, and the planting of false information.
My wife and my infant son were also targeted. A CIA asset was permanently assigned to track my wife and instructions were given to obtain DNA from my six month old son’s nappy.
This is the testimony of more than 30 current and former US intelligence officials speaking to the US press, which has been additionally corroborated by records seized in a prosecution brought against some of the CIA agents involved.
The CIA’s targeting of myself, my family and my associates through aggressive extrajudicial and extraterritorial means provides a rare insight into how powerful intelligence organisations engage in transnational repression. Such repressions are not unique. What is unique is that we know so much about this one due to numerous whistleblowers and to judicial investigations in Spain.
This Assembly is no stranger to extraterritorial abuses by the CIA.
PACE’s groundbreaking report on CIA renditions in Europe exposed how the CIA operated secret detention centres and conducted unlawful renditions on European soil, violating human rights and international law.
In February this year, the alleged source of some of our CIA revelations, former CIA officer Joshua Schulte, was sentenced to forty years in prison under conditions of extreme isolation.
His windows are blacked out, and a white noise machine plays 24 hours a day over his door so that he cannot even shout through it.
These conditions are more severe than those found in Guantanamo Bay.
Transnational repression is also conducted by abusing legal processes.
The lack of effective safeguards against this means that Europe is vulnerable to having its mutual legal assistance and extradition treaties hijacked by foreign powers to go after dissenting voices in Europe.
In Mike Pompeo’s memoirs, which I read in my prison cell, the former CIA Director bragged about how he pressured the US Attorney General to bring an extradition case against me in response to our publications about the CIA.
Indeed, acceding to Pompeo’s efforts, the US Attorney General reopened the investigation against me that Obama had closed and re-arrested Manning, this time as a witness.
Manning was held in prison for over a year and fined a thousand dollars a day in a formal attempt to coerce her into providing secret testimony against me.
She ended up attempting to take her own life.
We usually think of attempts to force journalists to testify against their sources. But Manning was now a source being forced to testify against their journalist.
By December 2017, CIA Director Pompeo had got his way, and the US government issued a warrant to the UK for my extradition.
The UK government kept the warrant secret from the public for two more years, while it, the US government, and the new president of Ecuador moved to shape the political, legal, and diplomatic grounds for my arrest.
When powerful nations feel entitled to target individuals beyond their borders, those individuals do not stand a chance unless there are strong safeguards in place and a state willing to enforce them. Without them no individual has a hope of defending themselves against the vast resources that a state aggressor can deploy.
If the situation were not already bad enough in my case, the US government asserted a dangerous new global legal position. Only US citizens have free speech rights. Europeans and other nationalities do not have free speech rights. But the US claims its Espionage Act still applies to them regardless of where they are. So Europeans in Europe must obey US secrecy law with no defences at all as far as the US government is concerned. An American in Paris can talk about what the US government is up to – perhaps. But for a Frenchman in Paris, to do so is a crime without any defence and he may be extradited just like me.
Now that one foreign government has formally asserted that Europeans have no free speech rights, a dangerous precedent has been set. Other powerful states will inevitably follow suit.
The war in Ukraine has already seen the criminalisation of journalists in Russia, but based on the precedent set in my extradition, there is nothing to stop Russia, or indeed any other state, from targeting European journalists, publishers, or even social media users, by claiming that their secrecy laws have been violated.
The rights of journalists and publishers within the European space are seriously threatened. Transnational repression cannot become the norm here.
As one of the world’s two great norm-setting institutions, PACE must act. The criminalisation of newsgathering activities is a threat to investigative journalism everywhere.
I was formally convicted, by a foreign power, for asking for, receiving, and publishing truthful information about that power while I was in Europe.
The fundamental issue is simple: Journalists should not be prosecuted for doing their jobs.
Journalism is not a crime; it is a pillar of a free and informed society.
Mr Chairman, distinguished delegates, if Europe is to have a future where the freedom to speak and the freedom to publish the truth are not privileges enjoyed by a few but rights guaranteed to all then it must act so that what has happened in my case never happens to anyone else.
I wish to express my deepest gratitude to this assembly, to the conservatives, social democrats, liberals, leftists, greens, and independents – who have supported me throughout this ordeal and to the countless individuals who have advocated tirelessly for my release.
It is heartening to know that in a world often divided by ideology and interests, there remains a shared commitment to the protection of essential human liberties.
Freedom of expression and all that flows from it is at a dark crossroads. I fear that unless norm setting institutions like PACE wake up to the gravity of the situation it will be too late.
Let us all commit to doing our part to ensure that the light of freedom never dims, that the pursuit of truth will live on, and that the voices of the many are not silenced by the interests of the few.
Heinrich von Kleist was a prolific German writer of the late eighteenth century whose work often focussed on the consequences of rhetorical confusion, the serious problems and personal suffering caused by writing or speaking incorrectly. In 1811, at the age of thirty-four, he formed a suicide pact with a close friend, Henriette Vogel, and shot her before turning the gun on himself. On the hundredth anniversary of his suicide, the district of Schöneberg in Berlin gave Kleist’s name to a small, charming park outside the Kammergericht (Chamber Court), the highest court in the state.
Germany is a place of dark irony.
The Chamber Court occupies a huge Neo-Baroque building that takes up an entire city block, bordered on three sides by the aforementioned park and facing a quiet cobble-stoned street. I’m standing outside on a crisp blue-sky morning in September, waiting for a thought criminal named CJ Hopkins.
CJ Hopkins is an American writer, an old-school lefty liberal with “an aversion to totalitarians, fascists, and other such authoritarian control freaks who get their rocks off intimidating, and dominating, and preying on the weak.” In 2004, he emigrated “because of the fascistic atmosphere that had taken hold of the USA at that time,” believing “that Germany, given its history, would be the last place on earth to ever have anything to do with any form of totalitarianism again.”
For thirty-odd years, twenty of which he has spent in Berlin, CJ has cranked out award-winning theatre, satire, dystopian fiction, and acid-sharp commentary on political and social issues. It’s the latter which has earned him, at the age of sixty-three, a sizeable international following, mostly centred on his Substack which has thousands of paid subscribers. He’s been called “a forbidden wit” and “an expert forecaster” by Matt Taibbi. Robert F. Kennedy Jr. once referred to him as “our modern Jeremiah.”
He arrives at the courthouse in a brown trenchcoat, black beret, and sunglasses. He gives me a nod.
“Welcome to New Normal Berlin, Mike,” he says as he walks past me.
We’ve met twice before. I interviewed him remotely for my podcast, and I attended his first trial, in January 2024, at the Tiergarten District Court in Moabit, next to the infamous prison where the Nazis incarcerated and executed political prisoners.
The Crime
In May 2022, Hopkins published a book called The Rise of the New Normal Reich, the cover of which features a medical mask through which a swastika is faintly visible. In August 2022, he posted that image twice on Twitter (now X), accompanied by text.
In the first tweet, Hopkins wrote:
The #masks are symbols of ideological conformity. That's all they are. They always were. Stop pretending they're ever something else or get used to wearing them.
#Masks are not a mild remedy
In the second tweet, he quoted Karl Lauterbach, the Health Minister at the time, who had declared that “The mask always sends a signal”.
That’s it. That’s the crime.
In response, the public prosecutor’s office filed a criminal charge against CJ for “disseminating propaganda, the contents of which are intended to further the aims of a former National Socialist organization.”
Thus began what CJ has referred to as a “Kafkaesque mockery of justice.”
The Law
When people hear about how CJ ended up in court, they’re usually surprised to find out that using a Nazi symbol such as the swastika is not absolutely banned in Germany. It actually depends on context and intent, and there are significant protections for creative, editorial, and educational purposes.
Clivia von Dewitz, a German judge who wrote her doctoral thesis on the ban of Nazi symbols, explained the law under which the charge was brought in an article for Berliner Zeitung:
According to the ban on [Nazi] insignia (§ 86 Para. 1 No. 4, 86a Para. 1 No. 1 StGB), only those who distribute or publicly display Nazi symbols “which, based on their content, are intended to reflect the efforts of a former National Socialist organization” are liable to prosecution. This means that not every use of a Nazi symbol falls under the ban. On the contrary, the law confirms that only material, the content of which is directed against the free democratic basic order or the concept of understanding among nations, is considered [criminal] propaganda media (Section 86 Para. 3 StGB).
And, according to the criminal statute (Section 86 Para. 4 StGB), criminal liability is also excluded if the material serves the purposes of civic education, defense against unconstitutional efforts, art or science, research or teaching, or reporting on current events or history, or similar purposes (the so-called social adequacy clause).
It was in the 1970s that Nazi symbols were first used in a critical or ironic way. In these cases, jurisprudence failed to establish criminal liability, either at the level of the offense or by virtue of the application of the social adequacy clause, because a critical and distanced use of Nazi symbols is not punishable, especially in view of Article 5 of the Grundgesetz [i.e., the German constitution, literally “Basic Law”]. The fundamental right of freedom of expression and freedom of art enshrined therein is constitutive of a democracy.
The law is also recognised by the courts as having a “protective purpose”, a raison d’etre that comes into play when examining whether the use of a proscribed symbol falls within or outside of what is permitted. The general understanding is that the protective purpose of the ban on Nazi symbols in Germany is to prevent the minimisation or, as the Germans call it, “normalisation” of the horrors of the Nazi era and the Holocaust, and to prevent a situation in which it becomes socially acceptable for Nazis or Nazi sympathisers to begin using those symbols more widely.
“You can’t use it, for example, for fun, and CJ agrees with that,” says Friedemann Däblitz, the fresh-faced attorney defending him. “If you write a book about history you can use the symbol. If it is clear that you are using it in a ‘distant’ manner, if everyone can see that this guy doesn’t support Nazism, in those situations, the risk of normalisation is not that big.”
So how normal is the use of the swastika in German media?
Normalisation For Me, Not For Thee
In May 2024, the cover of the German magazine Der Spiegel featured a flag draped over a swastika to illustrate its lead story, an essay by Dirk Kurbjuweit titled 75 Years of the Federal Republic — and nothing learned?
Here are the covers of Der Spiegel and CJ’s book, side by side:
Both CJ and Der Spiegel used the swastika to imply that something is amiss in the world of German politics, with a subtle but crucial difference.
Der Spiegel used the swastika to suggest that the increasingly popular political party Alternative für Deutschland (AfD), “a party with extreme right-wing tendencies,” represents a nascent form of Nazism.
CJ, however, riffed on the cover of William L. Shirer’s famous 1960 book The Rise and Fall of the Third Reich to criticise the German government’s pandemic policies as “a nascent form of totalitarianism.”
The German magazine Stern has also featured the swastika and the Nazi salute on its cover.
May 2024
August 2017
Der Spiegel and Stern were not directly criticising the current German government, nor were they pressing on the sore spot of controversial pandemic policies. CJ did both. Those magazines have had no legal repercussions for their use of the swastika. Only CJ has been prosecuted.
“[M]y personal impression is this law is used completely arbitrarily against dissidents,” Däblitz tells me in an interview. “For me, everything got much worse with the beginning of the pandemic.”
The Pandemic
Pandemic restrictions in Germany were harsh. Citing advice from the Robert Koch Institute (Germany’s equivalent of the CDC), the Merkel and Scholz governments put stringent limits on the rights of the unvaccinated, in addition to lockdowns and mask mandates.
Critics at the time drew comparisons with the Nazi era, often by likening the treatment of the Jews by the Nazis to the government and media discrimination and rhetoric against the unvaccinated. In 2021, BBC News reported on the use by German Covid protestors of the infamous yellow Star of David armband with the word ‘Jew’ replaced by ‘Unvaccinated’.
While perhaps distasteful or inappropriate depending on one’s perception, it remains the case that the social repercussions of the German government’s pandemic policies are still being felt. In Germany, the loss of faith in government and the corrosion of the perception of the legitimacy of authority has been real and widespread, regardless of whether one believes the pandemic policies were well-intentioned or reasonable. The public’s (and CJ’s) suspicion regarding those policies also may not have been entirely spurious.
In late July 2024, the freelance journalist Aya Velásquez received unredacted copies of internal documents from a whistleblower at the Robert Koch Institute and published them. Sebastian Lucenti and Dr. Meyer-Hesselbarth, respectively a lawyer and a former judge writing for Cicero, claim that “the RKI protocols that were released and leaked show that a large proportion of the freedom-restricting norms created between 2020 and 2023 were tainted by the stigma of unconstitutionality from the outset.” Judge von Dewitz, in her article for Berliner Zeitung, wrote that the leaked documents “suggest that the government ordered significant parts of the measures restricting fundamental rights from 2020 to 2022 not on the basis of scientific findings, but out of political calculation, such that a new assessment of the government's actions from 2020 to 2022 is necessary.”
The First Trial
At his first trial, in Room 500 of the Tiergarten District Court, the prosecutor asked CJ if he understood the law in Germany with regards to the use of Nazi symbols. If he had played dumb and pretended to be an ignorant foreigner unaware of the rules of his host nation, the charges would probably have been dropped. Instead, he was honest. He said that he knew full well the history and weight of Nazi symbolism in Germany, and he knew the law as well, including the prohibited and permitted uses of the swastika.
“I don't want Nazis, neo-Nazis parading around in Germany with swastikas either,” CJ told me in an interview before the trial. “And I have to say, although I'm generally a free speech absolutist, I understand that law and I actually agree with it.”
When asked by the judge to give his intentions in posting the image, he stated that it was “to warn people about the emergence of a new form of totalitarianism that is hidden behind the official corona narrative just as the swastika is hidden behind the mask in my artwork.” This drew an involuntary derisory guffaw from the judge. He continued: “I absolutely compared a new form of totalitarianism to Nazi Germany, a twentieth century form of totalitarianism.”
In his opening argument, the prosecutor suggested that CJ was “relativising the Holocaust,” “relativising the Nazi tyranny which is also the aim of supporters of this ideology in a different form,” and equating the Nazi regime to “civic management of 2020 to 2022 which came about within constitutional procedures and was enacted through democratically legitimised institutions...and thus contributes, regardless of his intention, to the normalisation of National Socialist ideas.”
Permitted to respond, CJ pointed out that the well-documented rise of the Nazis likewise took place “within constitutional procedures” and “through democratically legitimised institutions,” closing by saying “I think I'm allowed to compare these [pandemic] measures with measures which took place in the twentieth century.”
He went on to describe instances where public figures had compared current events to the Nazis without subsequent charges from the German authorities, to which the judge responded by saying “We're talking about symbols, not words.”
Speaking of symbols, in that particular courtroom, the ornate ceiling featured two plaster rosettes with fasces in-set, and there were two more examples of the fasces at the entrance to the building. The name of the fasces symbol, a bundle of sticks bound together with an axe head attached, is the root from which the word ‘fascism’ is derived. If you squint, you’ll also see the fasces on either side of the Speaker of the House’s dais in the US Congress.
At the end of the proceedings, CJ read a prepared statement to the court, his voice occasionally betraying his emotions.
“The German authorities have had my speech censored on the Internet, and have damaged my reputation and income as an author,” he said. “One of my books has been banned by Amazon in Germany. All this because I criticized the German authorities, because I mocked one of their decrees, because I pointed out one of their lies. This turn of events would be absurdly comical if it were not so infuriating. I cannot adequately express how insulting it is to be forced to sit here and affirm my opposition to fascism.”
At the end of his statement, the thirty-seven members of the audience in the gallery broke out in applause and calls of “Bravo!” The judge shouted for order and threatened to clear the courtroom. Everyone was ordered to stand up. The judge delivered a stern chiding and, after a moment of suitable silent contrition, the room was allowed to be seated and the door was closed.
She then pronounced her verdict: “Freispruch”. Not guilty.
The judge dedicated half the time spent in delivering the verdict to ensuring CJ was made aware of how little she thought of him. She considered him to be arrogant, ideologically-driven, and incorrect in his views on the pandemic. He was wrong to claim that mask mandates and similar policies were driven by the government's desire to force compliance, and to equate safety measures with brainwashing. She told him that his was a “subjective emotional position” but that “objectively, the German public doesn't agree with you.” By acquitting him, she said, she was proving him wrong in his assessment of Germany as a nascent totalitarian state.
Upon delivering the verdict and ending the proceedings, the judge put on a medical mask and exited the courtroom. You couldn’t make it up.
In the written verdict published after the trial, the judge made it clear that, "when taking into account the text associated with the use of the mask, it can easily be seen that the connection to National Socialism is made in an emphatically negative sense."
Within the seven-day period allowed by law, the public prosecutor’s office applied to the Chamber Court for a “revision” of the verdict using a line of reasoning that Däblitz found highly questionable.
“The prosecutor…decided that if you use the symbol to bring a criticism, this criticism has to be against Nazism,” he explained. “It’s not okay if this criticism is directed against, for example, the government, because in this case it is not clear enough that you are also opposing Nazism.”
The prosecution had pivoted from arguing that CJ was disseminating Nazi propaganda to claiming that he was breaking the law by not specifically criticising Nazis.
“[T]he prosecutor in Germany is not free, it's part of the executive,” Däblitz told me during a podcast recording with him and CJ several months later. “It's part of the government, and they execute what the government wants.”
“The prosecutor is trying to rewrite the law in a much narrower way than it is written,” CJ added. “I believe that the prosecutor just wants to punish me. And so they're pulling arguments out of their ass. And this was really the only argument that they could try to make to continue this prosecution.”
The Second Trial
I join around two dozen familiar faces from the first trial in January, as well as journalists from Berliner Zeitung, Tagesspiegel, Der Spiegel, The Epoch Times, and Legal Tribune Online, in shuffling through airport-style security during which we are emptied, searched, patted, and prodded. A maximum of thirty observers are allowed into Room 145a of the Chamber Court, and no personal items are permitted. We are issued with a blue biro and a handful of blank looseleaf paper on request. The cause of the heightened security is described by Lisa Jani, the court’s press liaison, as being due to an ongoing espionage trial of a German intelligence agent who is accused of colluding with a Russian businessman on behalf of the FSB, Russia’s security service. To prevent anyone placing listening devices in the courtroom, we all have to submit to special measures.
“It would only make sense if this is really the only room available and it's not possible to get another room,” Däblitz tells me in an interview. “So I numerous times had some contact with the people working there and found out there are actually other rooms at least of the same size.”
“It's absolutely unnecessary,” CJ adds. “I see it as just a bald, a blatant attempt to discourage public attendance and to discourage press coverage.”
Once inside, the first thing that catches the eye is a wall of bulletproof glass about fifteen feet high separating the gallery from the area where the proceedings will be held. CJ, Däblitz, and a translator sit at the defendant’s table, set at the foot of a raised dais from which three judges and a new prosecutor frown down.
The ceiling is cross-hatched with a grid of clouded glass through which diffuse light falls. The carpet is a hotel-style mash-up of turquoise, puce, and duck egg, clashing with the wooden benches that we shuffle along to take our seats.
The prosecutor trying the case, which involves the use and interpretation of a symbol, is named Jung. The universe is not without a sense of humour.
In a British or American courtroom, the judge is seated in front of and above both the defendant and the plaintiff. Both parties come before the court as supplicants, pleading for justice, and the judge sits apart, emphasising their (hopeful) impartiality.
A German courtroom makes a strikingly different impression. The judges and the prosecutor sit on the same level, above the defendant, separated only by several metres of wooden panelling. It lands immediately: The prosecutor and the judges are on one side, the defendant on the other. Something about the layout makes me wonder if the fix is in.
Kathrin Jung, the prosecutor, opens with a desultory run-through of her side’s revised argument, which has already been submitted to the judges in writing, along with Däblitz’s defence. It is a scant few minutes before it is over.
Däblitz makes the argument that the prosecutor is attempting “a blurring of the law” and that “[t]he protective purpose of the law is, above all, to preserve the constitutional order” which “is therefore also to preserve the freedom of expression.” The purpose of CJ’s tweets was “to ward off unconstitutional efforts,” he adds. “Those who are determined to support the values of the free democratic basic order should not have to face the risk of prosecution.”
At the end, CJ is given the opportunity to make a statement. Reading from a printout in German, he once again presents his position to the court.
“[H]ere I am, on trial in criminal court for the second time. The German authorities had my Tweets censored. They reported me to the Federal Criminal Police Office. They reported me to The Federal Office for the Protection of the Constitution, the German domestic Intelligence agency. My book is banned in Germany. The German authorities investigated me. They prosecuted me. They put me on trial for tweeting. After I was acquitted, that wasn’t enough, so they have put me on trial again. They defamed me. They have damaged my income and reputation as an author. They have forced me to spend thousands of Euros in legal fees to defend myself against these clearly ridiculous charges.”
While he reads, I see a couple of the journalists sitting in front of me chuckle or sigh dismissively.
“Why, rational people might ask, have I been subjected to this special treatment, while Der Spiegel, Stern, Die Tageszeitung, and many others who have also tweeted swastikas, have not?”
Five feet away from me, the reporter from Der Spiegel squirms a little while taking notes.
“It has nothing to do with punishing people who disseminate pro-Nazi propaganda. It is about punishing political dissent, and intimidating critics into silence. I’m not here because I put a swastika on my book cover. I am here because I put it behind a “Covid” mask.”
Just like the first trial, at the end of his statement the gallery erupts in applause and cheers to the annoyance of the judges.
The presiding judge, Delia Neumann, declares a forty-five minute break so that her and the other two judges, Dr. Ammann and Dr. Brunozzi, can deliberate and return a verdict.
In the corridor outside, I notice that on the clipboard showing the docket for today’s trial, the names of CJ and his lawyer have been misspelled: ‘Hopkings’ and ‘Däbitz’. CJ sits on a bench with his wife and tries to relax.
The time passes surprisingly quickly.
After we’re all seated, the judge begins to read her verdict. She reads for twenty minutes with barely any inflection or pauses. I find myself wondering how the judges managed to deliberate, reach a consensus, and write a twenty-minute verdict in forty-five minutes. Judge Neumann stops reading abruptly, stands up and leaves. We’re ushered out of the gallery. I turn to the person next to me and ask what happened. He shrugs.
“Guilty,” a helpful fellow observer says, leaning over.
In the words of Kurt Vonnegut, so it goes.
The Verdict
The official statement of the Chamber Court declares that CJ Hopkins has been found “guilty of using symbols of unconstitutional organizations.”
Referring to the judge’s ruling in the first trial, the Chamber Court calls her line of reasoning “legally incorrect” because “[t]he protective purpose of the law is to banish the use of symbols of unconstitutional organizations from the picture of political life, regardless of the intention behind it.” The Court’s statement continues by emphasising that “the communicative taboo” preventing the use of the swastika in daily life “must be maintained so that people do not become accustomed to such symbols.”
Däblitz is taken aback. “They left out what my core argument was,” he says. “My core argument was he was objecting to unconstitutional activities and in these cases it is explicitly allowed to use the swastika, and they didn’t say anything about that.”
When asked about “the communicative taboo”, Däblitz is adamant that according to the law as written “you can use [the swastika] to speak up against unconstitutional activities because this law, basically, wants to protect a free order, with freedom of speech, because a free democratic society needs freedom of speech, so basically that’s the ultimate goal and that’s why they want to ban Nazis and also Nazi symbols.”
The Chamber Court, it would seem, has either changed the law or is at odds with it.
Milling around on the steps of the block-sized building, nobody who attended the trial, from the Court’s press liaison to journalists to members of the public, gives the same answer when asked what the verdict actually meant, what the reasoning behind it was, how it related to the law in question, and what the implications are going forward. Confusion reigns.
Däblitz confirms that he and CJ will be applying to have the case heard at the Constitutional Court, the highest legal authority in the country. It’s their last chance, a Hail Mary, and, as he puts it, “they’ll probably refuse to hear the case.” The alternative is that the lower court will now decide on a sentence.
What Now?
Over wine and flammkuchen at a café in the Neukölln neighbourhood, I ask CJ what he thinks his sentence will be if the Constitutional Court doesn’t accept his case.
“They could do anything,” he says. “I could get three years in jail.”
His wife, who happens to be Jewish, holds his hand and watches him lovingly. I can see that she’s worried.
I ask him how it feels to have moved here from America specifically because of what he felt was a rising tide of fascism, only to have this happen.
The convicted thought criminal shakes his head. “This country broke my heart.”
In the famous German novella Michael Kohlhaas, published in 1810, the eponymous protagonist is wronged and sets out for justice, only to find that the system will not let him have it. In despair, he cries out: “I will not abide in a country in which my rights are not protected.”
That novella was written by Heinrich von Kleist, the suicidal author whose name adorns the park that surrounds on three sides the courthouse where Germany broke CJ’s heart.
Germany is indeed a place of dark irony.
_You can make contributions to CJ’s defense fund here, read his work on Substack and Consent Factory, and follow him on X where he is @CJHopkins_Z23.
The latest judgment by the High Court in the Assange case achieved completely the objectives of the UK and US states. Above all, Julian remains in the hell which is Belmarsh maximum security prison. He is now safely there alone and incommunicado, from the authorities’ point of view, for at least several more months.
Importantly, the United States has managed to keep him detained without securing his actual appearance in Washington. It is crucial to grasp that the CIA, who are very much controlling the process, do not actually want him to appear there until after their attempt to secure the re-election of Genocide Joe. No matter what your opinion of Donald Trump, there is no doubt the CIA conspired against him during his entire Presidency, beginning with the fake Russiagate scandal and ending with their cover-up of the Hunter Biden laptop story. They do not want Trump back.
Biden is politically in deep trouble. Biden’s lifelong political support for Israel has been unwavering to the point of fanaticism. In the process he has collected millions of dollars from the Zionist lobby. That always seemed a source of political strength in the United States, not of weakness.
The current genocide in Gaza has changed all those calculations. The sheer evil and viciousness of the Israeli state, the open and undisguised enthusiasm for racist massacre, has achieved the seemingly impossible task of turning much American public opinion against Israel.
That is particularly true among key elements of the Democratic base. Young people and ethnic minorities have been shocked that the party they have supported is backing and supplying genocide. The mainstream media have lost control of the narrative, when the truth is so widely available on mobile phones, to the point that the MSM have actually been forced to change course and occasionally tell truths about Israel. That also was unthinkable a few months ago.
Precisely the same groups who are outraged by Biden’s support for genocide are going to be alienated by the attack on a journalist and publisher for revealing true facts about war crimes. Assange is not currently a major public issue in the United States, because he is not currently in the United States. Were he to arrive there in chains, the media coverage would be massive and the issue unavoidable in the presidential election campaign.
The extradition proceeding has therefore had to be managed in such a way as to keep Assange locked in a living hell the whole time, without actually achieving the extradition until after the presidential election in November. As the years of hearings have rolled by this has become increasingly difficult for the British state to finesse on behalf of their American masters.
In this respect, and only in this respect, Dame Victoria Sharp and Lord Justice Johnson have done brilliantly in their judgment.
Senior British judges do not have to be told what to do. They are closely integrated into a small political establishment that is socially interlinked, defined by membership of institutions, and highly subject to groupthink.
Dame Victoria Sharp’s brother Richard arranged an £800,000 personal loan for then Prime Minister Boris Johnson, and subsequently became chairman of the BBC despite a complete lack of relevant experience. Lord Justice Johnson as a lawyer represented the intelligence services and the Ministry of Defence.
They did not have to be told what to do in this case explicitly, although it was very plain that they entered the two-day hearing process knowing nothing except a briefing they had been given that the crux of the case was the revelation of names of US informants in the Wikileaks material.
The potential danger of an appeal, the granting of which would achieve the United States’ objective of putting the actual extradition back beyond the election date, was that it would allow the airing in public of a great catalogue of war crimes and other illegal activity which had been exposed by Wikileaks.
Sharp and Johnson have obviated this danger by adjourning the decision with the possibility of granting an appeal, but only on extremely limited grounds. Those grounds would explicitly gag the defence from ever mentioning again in court inconvenient facts, such as United States war crimes including murder, torture and extraordinary rendition, as well as the plans by the United States to kidnap or assassinate Julian Assange.
All of those things are precluded by this judgment from ever being raised again in the extradition hearings. The politically damaging aspect of the case in terms of the Manning revelations and CIA behaviour has been cauterised in the UK.
There has been some confusion because the judgment stated that three grounds of possible appeal were open. But in fact this was really only two. The judgment states that freedom of expression under article 10 of the European Convention is adequately covered by the First Amendment protections of the US Constitution. Therefore this point can only be argued by the defence against extradition if the First Amendment will not be applied in the case.
The second ground of appeal which they stated may be allowed was discrimination by nationality, in that the prosecution has stated that as a foreign citizen who committed the alleged acts whilst outside of the United States, Julian may not have the protection of the First Amendment or indeed of any of the rights enshrined in the US Constitution.
So the first two grounds are in fact identical. Sharp and Johnson ruled that both would fall if an assurance were received from the government of the United States that Julian would not be denied a First Amendment defence on grounds of nationality.
The other ground on which an appeal may be allowed to go forward is the lack of an assurance from the United States that, following additional charges, Julian may not become subject to the death penalty.
I shall go on to analyse what happens now and the chances of success on any of these allowed appeal points, but I wish first to revisit the points which have not been allowed and which are now barred from ever being raised in these proceedings again.
The most spectacular argument in the judgment, and one which I trust will become notorious in British legal history, refers to the application to bring in new evidence regarding the US authorities’ illegal spying on Julian and plotting to kidnap or assassinate him.
There are any number of things in this case over five years which are so perverse that they have to be witnessed to be believed, but none has risen to this height and it would be a struggle for anybody to come up with anything in British legal history more brazen than this.
Judge Johnson and Judge Sharp accept that there is evidence to the required standard that the US authorities did plot to kidnap and consider assassinating Julian Assange, but they reason at para. 210 that, as extradition is now going to be granted, there is no longer any need for the United States to kidnap or assassinate Julian Assange: and therefore the argument falls.
It does not seem to occur to them that a willingness to consider extrajudicial violent action against Julian Assange amounts to a degree of persecution which obviously reflects on his chances of a fair trial and treatment in the United States. It is simply astonishing, but the evidence of the US plot to destroy Julian Assange, including evidence from the ongoing criminal investigation in Spain into the private security company involved, will never again be allowed to be mentioned in Julian’s case against extradition.
Similarly, we are at the end of the line for arguing that the treaty under which Julian is being extradited forbids extradition for political offences. The judgment confirms boldly that treaty obligations entered into by the United Kingdom are not binding in domestic law and confer no individual rights.
Of over 150 extradition treaties entered into by the United Kingdom, all but two ban extradition for political offences. The judgment is absolutely clear that those clauses are redundant in every single one of those treaties.
Every dictatorship on Earth can now come after political dissidents in the UK and they will not have the protection of those clauses against political extradition in the treaties. That is absolutely plain on the face of this ruling.
The judgment also specifically rejects the idea that the UK court has to consider rights under the European Convention of Human Rights in considering an extradition application. They state that in the United States—as in other Category 2 countries in terms of the Extradition Act 2003—those rights can be presumed to be protected at trial by the legislation of the country seeking extradition.
That argument abdicating responsibility for application of the ECHR is one that is not likely to be accepted if this case ever gets to Strasbourg (but see below on the possibility of that happening).
By refusing to hear the freedom of expression argument, the court is ruling out listening to the war crimes exposed by the material published and hearing that the publication of state level crime is protected speech. That entire argument is now blocked off in future hearings and there will be no more mention of US war crimes.
The judges accept—hook, line and sinker—the tendentious argument that Julian is not being charged with the publication of all of the material but only with those documents within the material which reveal the name of US informants and sources. As I reported at the time, this was plainly the one “fact” with which the judges had been briefed before the hearing.
That it is a legitimate exercise to remove entirely from consideration the context of the totality of what was revealed in terms of state crimes, and to cherry pick a tiny portion of the release, is by no means clear; but their approach is in any event fatally flawed by a complete non sequitur:
At para. 45 they argue that none of the material revealing criminal behaviour by the United States is being charged, only material which reveals names. Their argument depends upon an assumption that the material revealing names of informants or sources does not also reveal any criminal behaviour by the United States. That assumption is completely and demonstrably false.
Let us now turn to the grounds on which a right to appeal is provisionally allowed, but may be cancelled in the event of sufficient diplomatic assurances being received from the United States.
To start with the death penalty, which has understandably drawn the most headlines: it astonishes me, as this argument has been in play now for several months, that the United States has not provided the simple assurance against imposition of the death penalty which is absolutely bog standard in many extradition proceedings.
There is no controversy about it, and it is really quick and easy to do. It is a template: you just fill in the details and whiz off the diplomatic note. It takes 5 minutes.
I do not believe the Biden administration is failing to provide the assurance against the death penalty because they wish to execute Julian Assange. They do not need to execute him. They can entomb him in a tiny concrete cell, living a totally solitary existence in a living hell. Arguably, he is of more value alive that way as a terrible warning to other journalists, rather than an executed martyr.
I view the failure so far to produce a guarantee against the death penalty as the clearest evidence that the Biden administration is trying simply to kick this back past the election. By not providing the assurance, already they have achieved a delay of another few weeks which they have been given to provide the assurance, and then further time until the hearing on 20 May to discuss whether assurances produced have been adequate. Not giving the death penalty assurance is simply a stalling tactic, and I am sure they will go right up to the deadline given by the court and then provide it.
The second assurance requested by the court is actually much more interesting. They have requested an assurance that Julian Assange will be able to plead a First Amendment defence on freedom of expression and will not be prevented from doing so on the grounds of his Australian nationality.
The problem which the United States faces is that it is the federal judge who will decide whether or not Julian is entitled to plead that his freedom of speech is protected by the First Amendment. Neither the Department of Justice nor the State Department can bind the judge by an assurance.
The problem was flagged up by the US prosecutor in this case who stated that it is open to the prosecution to argue that a foreign national, operating abroad as Julian did, does not have First Amendment rights. It is extremely important to understand why this was said.
The prisoners in Guantanamo Bay are deemed not to have any constitutional rights, despite being under the power of the US authorities, because they were non-US citizens acting abroad.
A key US Supreme Court judgment in the case of USAID versus Open Society stated unequivocally that non-US citizens acting abroad do not have First Amendment protection. At first sight that decision appears to have little relevance. It concerns foreign charities in receipt of US aid funds which, as a condition of aid, they must oppose sex work. They attempted to claim this was in breach of First Amendment rights but the Supreme Court ruled that, as foreigners acting abroad, they did not have any such rights.
While that may appear of limited relevance, referring to NGOs not individuals, there is a paragraph in the Open Society judgment which states as a rationale that were First Amendment rights to be granted to those NGOs they would also have to be granted to foreigners with whom the US military and intelligence services were in contact – i.e. the Guantanamo problem.
This paragraph of the Supreme Court ruling appears inescapable in the Assange case:
Julian was a foreign national operating abroad when the Wikileaks material was published. So I do not see how the United States can simply give an assurance on this point, and indeed it seems to me very likely that Julian would indeed be denied First Amendment rights at trial in the United States.
The sensible solution would of course be that as a non-US citizen publishing material outside the United States, Julian should not be subject to US jurisdiction at all. But that will not be adopted.
So I anticipate the United States will produce an assurance which tries to fudge this. They will probably give an assurance that the prosecutor will not attempt to argue that Julian has no First Amendment rights. But that cannot prevent the judge from ruling that he does not, especially as there is a Supreme Court judgement to rely on.
In May when we come to the hearing on the permitted points of appeal, it is vital to understand that there will be two parts to the argument. The first part will be to consider whether the assurances received by diplomatic note from the United States are sufficient for the grounds of appeal to fall completely.
However if it is decided that the assurances from the United States are insufficient, that does not automatically mean that the appeal succeeds. It just means that the appeal is heard. The court will then decide whether the death penalty or nationality discrimination points are strong enough to stop the extradition.
The absence of the death penalty assurance should end the extradition process. But the hearing would see the prosecution argue that it is not necessary, as there are no capital charges currently and none are likely to be added. The judges could go with this, given the undisguised bias towards the United States throughout.
The state will again kick in with its iron resolve to crush Julian. I don’t think that the United States will be able, for the reasons I have given, to provide assurances on the nationality and First Amendment rights, but I think the court will nonetheless order extradition.
The United States will argue that it is a free country with a fair trial system and independent judges and that Julian will be allowed to make the argument in court that he should have First Amendment rights. The UK court should accept that the US judge will come to a fair decision which protects all human rights considerations. They will say that it is perfectly reasonable and normal for states to treat citizens and foreign nationals abroad in different ways in different contexts, including consular protection.
A justice system which is capable of ruling that a person should be handed over to his attempted kidnapper, because then the kidnapper does not have to kidnap him, and ruling that the clauses of the very treaty under which somebody is being extradited do not apply, is capable of accepting that the ability to argue in court for a First Amendment defence is sufficient, even if that defence is likely to be denied.
There is, however, plenty of meat in those questions that would allow another adjourned hearing, another long delay for a judgment and plenty of leeway to get past the November election for Genocide Joe.
The British establishment continues to move inexorably towards ordering Julian’s extradition at the time of its choosing. Once extradition is ordered, Julian in theory has an opportunity to appeal to the European Court of Human Rights.
The European Court of Human Rights can delay the extradition until it hears the case by a section 39 order. But there are two flaws: firstly the extradition may be carried out immediately upon the court judgement before a section 39 order can be obtained, which would take at least 48 hours. Secondly the Rwanda Safety Act has provision, though specifically in the Rwanda context, for the government to ignore section 39 orders from the ECHR.
It cannot be ruled out that the British government would simply extradite Julian even in the face of an ECHR hearing. That would be popular with the Conservative base and, given Starmer’s extremely extensive and dubious role in the Assange saga while Director of Public Prosecutions, I certainly do not put it past him either. It is worth noting that there have been several occasions in recent years when the Home Office has deported people despite British court orders putting a stay on the deportation. There has never been any consequence other than a verbal rap on the knuckles for the Secretary of State from the court.
So the struggle goes on. It is a fight for freedom of speech, it is a fight for freedom of the press, and above all it is a fight for the right of you and me to know the crimes that our governments commit, in our name and with our money.
I am ever more struck by the fact that in fighting for Julian I am fighting exactly the same power structures and adversaries who are behind the genocide in Gaza.
I need to close with an appeal. Please do not stop reading. You will recall that I recently addressed the UN Human Rights Committee on Julian’s case and in doing so had the opportunity to state a few hard truths about the war crimes of the United States.
https://www.craigmurray.org.uk/wp/wp-content/uploads/2024/03/video.mp4
My opportunity to do so was organised by the Swiss NGO Justice For All International, who submitted a shadow report (open link and click on red icon) by their lawyers to the UN 7 year Periodic Review of the UK’s human rights record. Justice For All also carried out a great deal of lobbying activity in connection with this to get me onto that stage and into meetings with key officials.
I had agreed a fee to pay Justice For All for this legal and lobbying activity, in the expectation that it would be met from the substantial funds held by the bodies comprising the US/European institutions of Julian Assange campaign.
Unfortunately the Assange campaign has refused to meet the bill and I have been left holding it.
I have been told that I failed to follow correct procedures to apply for the spending. I am frankly in shock and a form of grief, because I thought we were friends working for a common cause, in my own case for free. I am reminded of the brilliant perception of Eric Hoffer: “Every great cause begins as a movement and becomes a business”.
I am left with this bill I cannot pay for the work at the UN. Justice For All could not have been nicer about the situation, but if you could contribute to this Justice For All crowdfunder, I should be very grateful.
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I spent the last week at the UN, trying to ram home some truths about the Assange case as input to the UN’s Periodic Review (every 7 years) of the UK’s human rights record, in terms of its compliance with the International Covenant on Civil and Political Rights.
I had a very short opportunity to address the UN Committee on Human Rights, which is a body of elected experts. In such a short time frame you have to go with just a couple of points. I am open to criticism of my selection, but I maintain that this was much plainer speaking than is generally heard. The reasons for this are interesting.
There are fora like this where registered NGOs can make their point. Human rights is quite an industry in Geneva, where literally hundreds of NGO reps live and roam the UN buildings. The favoured NGOs are those with ECOSOC registration status. The delegates of UNESCO status NGOs have blue passes and extremely free access throughout, at any time.
But UNESCO status is granted by a committee of member states – and is difficult to get. It is therefore unsurprising that a high proportion of NGOs are not real NGOs at all. They are astroturf; fake NGOs paid to whitewash the record of their governments. I did not understand this at first until I attended (as a dry run for the UK) the meetings of the Human Rights Committee for the Egyptian periodic review. Several Egyptian NGOs, one after the other, told us what a great respect for human rights the Egyptian dictatorship has. (It has, incidentally, just sentenced another group of opposition figures to death, after murdering Egypt’s only ever freely elected President.)
Even well-known western NGOs tend to pull their punches at the UN because, bluntly, almost all of them receive large amounts of funding from Western governments. While theoretically this is funding to attack the human rights record of the western governments’ designated enemies, it is a concomitant that the NGOs are reluctant seriously to bite the hand that feeds them.
Consider these facts: firstly, no important whistleblower has ever subsequently found employment with an established NGO. A great many have tried.
Secondly, had I not been there, nobody would have mentioned Julian Assange in the periodic review of the UK’s human rights record.
Money talks in the UN itself too. The US and Western powers contribute a very high proportion of the UN budget. There is a reason why I attended a commemoration ceremony in Geneva for UN staff killed in Gaza, where none of the senior UN staff dared to mention who killed them.
Also of course the NATO powers and allies are disproportionately represented in key staff positions.
The UN Commissioner for Human Rights, Volker Turk, an Austrian, has been disgustingly pusillanimous on Gaza and has done nothing on Assange. I spoke with a member of his staff who regurgitated to me a number of detailed US prosecution talking points on Assange which are simply factually incorrect. They have been thoroughly briefed.
Staff are visibly afraid to take on the UK/US interest. I met a number of UN staff who were happy to chat away until I brought up Assange; then they quite literally physically recoiled, in some cases took an actual step back, and always discovered they had pressing business elsewhere.
After the Human Rights Committee meeting with NGOs, the committee then met with the UK government representatives to discuss their concerns. One member of the committee, Rodrigo Carasco of Costa Rica, decided he would raise the case of Julian Assange, based on the briefing which we had supplied. A full elected member of the committee, Carasco is also the former Costa Rican Ambassador to the United Nations.
Carasco was put on the speakers’ list and he informed the committee what he was going to raise. Come the meeting with the UK delegation, Amb. Carasco was astonished when the Chair simply skipped over him in the speaking list and did not call him. He caught the Chair’s eye several times as the meeting progressed but still was not called, then it wound up and the Chair went to the UK delegation to respond to the bland and generic points which had been raised.
https://www.craigmurray.org.uk/wp/wp-content/uploads/2024/03/IMG_0804.mp4
In this short video, when it first cuts away from the Chair you can see the white-haired Amb Carasco rising from his seat to remonstrate with her. She then disappears off the next shot while they had a pretty pointed exchange. I am sorry it is off camera; you will have to take my word for it.
My conclusion from this is that the UK and US are currently very sensitive to international criticism over Assange, and that rather than be discouraged we need to keep pushing. As both the US and UK are becoming international pariah states over Gaza, we need to remind the world of their long established crimes.
Prominent Canadian physician Dr. Charles Hoffe has spoken out courageously to warn people of the very serious dangers of the Covid mRNA genetic “vaccines”. He now faces trial from the Canadian health authorities aiming to silence him and effectively destroy his medical practice.
What is most disturbing about this unprecedented case is that, if the prosecution gets its way, all the evidence produced by the State claiming the Covid vaccines are “safe and effective” will be deemed indisputable, irrefutable — and Dr. Hoffe would not be able to defend himself or call expert witnesses!
In other words, a totalitarian show trial designed to intimidate all doctors and patients who value medical freedom of choice, the right to a fair trial, freedom of speech, and medical ethics.
The College of Physicians and Surgeons of British Columbia, where Dr. Hoffe practices, had scheduled the disciplinary hearing for March 4th through March 15th. But at the last minute, the College pulled a fast one.
“When [the College] saw the mountain of evidence stacked against them, and against the public health narrative, obviously they panicked because I don’t think they realized how vigorous our opposition was going to be,” explains Hoffe in a March 7th interview.[1]
As a countermeasure, the College dumped a massive trove of documents on Dr. Hoffe’s lawyer AND invoked an almost unheard-of legal trick called Judicial Notice, which means the disciplinary Panel would accept all the College’s basic assertions as uncontestably true. Hoffe’s voluminous evidence — both from his own private practice as a family doctor and from the scientific literature — that the Covid mRNA vaccines cause widespread death, neurological problems, micro-clotting, infertility, immune-system damage, and other severe adverse side effects would be inadmissible.
Given this outrageous legal trick, Dr. Hoffe’s lawyer had no choice but to request an adjournment and hire four more attorneys to sift through the College’s eleventh-hour document-dump.
If the Disciplinary Committee implements Judicial Notice, explains Dr. Hoffe,
“I would have no opportunity to testify in my defense, nor would any of [my eight] expert witnesses….It would render this literally a kangaroo court. This is an astonishing act of injustice, where you literally accuse somebody of something and then remove their ability to defend themselves.”[2]
The government’s objective, he says, is “to try to make an example of me and make sure all the other doctors toe the line and keep quiet and just obey.” Dr. Hoffe, who is widely regarded as a heroic truth-teller across much of Canada, comes across as a down-to-earth man of great integrity, honesty and humility. An outspoken advocate for patient safety, medical ethics, and the Hippocratic oath (“First, do no harm”), he is accused by the medical authorities of spreading “misinformation,” putting people at risk, and encouraging “vaccine hesitancy.” After 31 years as an emergency room physician with not a single patient complaint against him, he was fired from his ER position for telling a nurse that somebody who had natural immunity didn’t need to get the Covid jab.
Exposing the Medical Cartel’s Coverup
In a speech delivered at the site of the College of Physicians and Surgeons in Vancouver in August 2022, Dr. Hoffe declared:
“What we have seen in the last 18 months since the start of the vaccine rollout is the biggest disaster in medical history. Never before in medical history has any medical treatment killed and maimed so many people….You only have to look at the OpenVAERS.com in the USA. 30,000 people dead, 55,000 permanently disabled, 50,000 cases of myocarditis, and 1.3 million vaccine injuries…This is an utterly failed experiment, and the College of Physicians and Surgeons here in B.C. is the one organization who could have and should have said no.”[3]
OpenVAERS.com is an easy-to-access version of the US Centers for Disease Control’s Vaccine Adverse Events Reporting System. VAERS vastly underreports the number of vaccine-induced injuries and deaths, capturing an estimated 1% to 10% of adverse events.
In his March 7, 2024 interview about the upcoming trial, Hoffe notes that OpenVAERS currently reports “almost 70,000 permanently disabled and about 2 million vaccine injuries, and yet Health Canada and the FDA look the other way and continue to tell us it’s safe and effective.” At the time of this writing, OpenVAERS registered 37,231 COVID vaccine reported deaths.
The Covid vaccine manufacturers admit that their poorly tested, highly experimental injections do not prevent infection with Covid and do not stop transmission of the (alleged) SARS-CoV-2 virus.
And yet the charade goes on….in Canada, the United States, most of Europe, Australia and the no-longer “free world.”
Dr. Hoffe has repeatedly pointed out these facts as well as the fact that the more Covid shots you get, the more likely you are to be diagnosed with Covid. This is true of individuals and whole nations. As Hoffe cogently observes, “Every vaccine injury reporting system across the world reports record numbers of deaths and disabilities and vaccine injuries that we’ve never seen the likes of from any medical treatment in history. And yet they completely turn a blind eye and they just carry on recommending that people get vaccinated. It’s absolutely absurd.” [4]
Micro-clots
Dr. Hoffe determined that up to 62% of his patients who got the Covid mRNA vaccine develop micro-blood-clots too small to detect on MRI or CT scan. He was the first medical expert to state publicly that these blood clots are not rare.
According to Hoffe, these micro-clots permeate the capillary network in the vaxxed, resulting in blockage of capillaries (pulmonary arterial hypertension); this condition usually kills people within 3 years, and those who survive may suffer steady deterioration, especially if they take another Covid shot. The only way you can find out if the Covid “vaccine” gave you micro-blood clots is to ask your doctor to give you a D-dimer test, like the one Dr. Hoffe has performed on his patients.[5]
This finding alone should have led to the immediate withdrawal of all the Covid-19 genetic “vaccines.” They are indeed “clot-shots” as the critics have warned repeatedly. But the Pharma-controlled mainstream media lies and assures us that both large and tiny blood clots are “extremely rare,” when the opposite is true.
Most of Dr. Hoffe’s patients developed micro-clots within 7 days after the jab, but others may well experience micro-clotting later on as the genetic cocktail (“vaccine”) wreaks its harmful effects on the body.
Another Canadian doctor, Rochagné Kilian, an emergency medicine specialist in Ontario, sounded the alarm on the astronomical rise in D-dimer levels she observed in patients shortly after they received a Covid-19 vaccine. She links this phenomenon to micro-clotting, disseminated intravascular coagulation, and autoimmune disease in the vaxxed. Dr. Kilian lost her job and had her license to practice medicine suspended for warning the public about the very serious risks of the Covid shots.[6,7]
Support
To voice support for Dr. Charles Hoffe, please write concise, polite, yet strong letters to:
The College of Physicians and Surgeons of BC
300–669 Howe Street
Vancouver BC V6C 0B4
Canada
You could also fax them at 604-733-3503. FaxZero.com lets anyone send up to five free faxes per day to anywhere in the U.S. or Canada. The FaxZero website is easy to use and has no gimmicks or ads. Again, send polite, concise, powerfully worded faxes. The College’s website also has a Message facility (https://www.cpsbc.ca).
Let’s let the College of Physicians and Surgeons of BC know what people think of their outrageous, underhanded ‘lawfare’ tactics and their persecution of an outstanding physician/healer.
The necessity of Dr. Hoffe to hire four additional lawyers will involve significant new legal expenses..
To help Dr. Hoffe with this burden, please go to:
https://www.givesendgo.com/GANZA or
https://www.fundingthefight.ca/donate
*
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Notes
1. Dr. Charles Hoffe Trial Update – March 7, 2024 (video). Interview with Derek Sloan https://rumble.com/v4hvp8x-dr.-charles-hoffe-trial-update-march-7-2024.html
2. Ibid.
3. Covid mRNA Vaccine. Biggest Disaster in Medical History: Dr. Charles Hoffe. Hoffe Gives Riveting Speech In Vancouver, British Columbia, Canada https://www.globalresearch.ca/video-biggest-disaster-medical-history/5790270
4. https://rumble.com/v4hvp8x-dr.-charles-hoffe-trial-update-march-7-2024.html
5. Canadian Doctor: 62% of Patients Vaccinated for COVID Have Permanent Heart Damage. By Brian Shilhavy https://healthimpactnews.com/2021/canadian-doctor-62-of-patients-vaccinated-for-covid-have-permanent-heart-damage
6. Emergency Medicine Doctor shows Micro Blood Clots in D-dimer Tests Following COVID-19 Shots https://www.bitchute.com/video/RwKbDnR8BOzg
7. Government’s Own Data Proves COVID-19 Shots Are Causing Blood Clots, Heart Disease, and DEATH. Brian Shilhavy https://healthimpactnews.com/2021/governments-own-data-proves-covid-19-shots-are-causing-blood-clots-heart-disease-and-death
Given the large population in the UK of Pakistani origin, the lack of serious media coverage of the overthrow and incarceration of Imran Khan, and the mass imprisonment of his supporters, is truly extraordinary.
Imran Khan was last week sentenced to three years in prison – and a five year ban from politics – for alleged embezzlement of official gifts. This follows his removal as Prime Minister in a CIA engineered coup, and a vicious campaign of violence and imprisonment against Khan and his supporters.
It is currently illegal in Pakistan to publish or broadcast about Khan or the thousands of new political prisoners incarcerated in appalling conditions. There have been no protests from the UK or US governments.
Imran Khan is almost certainly the least corrupt senior politician in Pakistan’s history – I admit that is not a high bar. Pakistan’s politics are, to an extent not sufficiently understood in the west, literally feudal. Two dynasties, the Sharifs and the Bhuttos, have alternated in power, in a sometimes deadly rivalry, punctuated by periods of more open military rule.
There is no genuine ideological or policy gap between the Sharifs and Bhuttos, though the latter have more intellectual pretension. It is purely about control of state resource. The arbiter of power has in reality been the military, not the electorate. They have now put the Sharifs back in power.
Imran Khan’s incredible breakthrough in the 2018 National Assembly elections shattered normal political life in Pakistan. Winning a plurality of the popular vote and the most seats, Khan’s PTI party had risen from under 1% of the vote in 2002 to 32% in 2018.
The dates are important. It was not Khan’s cricketing heroics which made him politically popular. In 2002, when his cricket genius was much fresher in the mind than it is now, he was viewed as a joke candidate.
In fact it was Khan’s outspoken opposition to the United States using Pakistan as a base, and particularly his demand to stop the hundreds of dreadful US drone strikes within Pakistan, that caused the surge in his support.
The Pakistani military went along with him. The reason is not hard to find. Given the level of hatred the USA had engendered through its drone killings, the invasions of Afghanistan and Iraq, and the hideous torture excesses of the “War on terror”, it was temporarily not in the interests of the Pakistan military to foreground their deep relationship with the CIA and US military.
The Pakistan security service, ISI, had betrayed Osama Bin Laden to the USA, which hardly improved the popularity of the military and security services. Imran Khan was seen by them as a useful safety valve. It was believed he could channel the insurgent anti-Americanism and Islamic enthusiasm which was sweeping Pakistan, into a government acceptable to the West.
In power, Imran proved much more radical than the CIA, the British Tories and the Pakistani military had hoped. The belief that he was only a playboy dilettante at heart was soon shattered. A stream of Imran’s decisions upset the USA and threatened the income streams of the corrupt senior military.
Khan did not only talk about stopping the US drone programme, he actually stopped it.
Khan refused offers of large amounts of money, also linked in to US support for an IMF loan, for Pakistan to send ground forces to support the Saudi air campaign against Yemen. I was told this by one of Imran’s ministers when I visited in 2019, on condition of a confidentiality which need no longer apply.
Khan openly criticised military corruption and, in the action most guaranteed to precipitate a CIA coup, he supported the developing country movement to move trading away from the petrodollar. He accordingly sought to switch Pakistan’s oil suppliers from the Gulf states to Russia.
The Guardian, the chief neo-con mouthpiece in the UK, two days ago published an article about Khan so tendentious it took my breath away. How about this for a bit of dishonest reporting:
in November a gunman opened fire on his convoy at a rally, injuring his leg in what aides say was an assassination attempt.
“Aides say”: what is this implying?
Khan had himself shot in the legs as some kind of stunt? It was all a joke? He wasn’t actually shot but fell over and grazed a knee? It is truly disgraceful journalism.
It is hard to know whether the article’s astonishing assertion that Khan’s tenure as Prime Minister led to an increase in corruption in Pakistan, is a deliberate lie or extraordinary ignorance.
I am not sure whether Ms Graham-Harrison has ever been to Pakistan. I suspect the closest she has been to Pakistan is meeting Jemima Goldsmith at a party.
“Playboy”, “dilettante”, “misogynist”, the Guardian hit piece is relentless. It is an encapsulation of the “liberal” arguments for military intervention in Muslim states, for overthrowing Islamic governments and conquering Islamic countries, in order to install Western norms, in particular the tenets of Western feminism.
I think we have seen how that playbook has ended in Iraq, Libya, and Afghanistan, amongst others. The use of the word “claim” to engender distrust of Khan in the Guardian article is studied. He “claimed” that his years living in the UK had inspired him to wish to create a welfare state in Pakistan.
Why is that a dubious comment from a man who spent the majority of his personal fortune on setting up and running a free cancer hospital in Pakistan?
Khan’s efforts to remove or sideline the most corrupt Generals, and those most openly in the pay of the CIA, are described by the Guardian as “he tried to take control of senior military appointments and began railing against the armed forces’ influence in politics.” How entirely unreasonable of him!
Literally thousands of members of Khan’s political party are currently in jail for the crime of having joined a new political party. The condemnation by the Western establishment has been non-existent.
It is difficult to think of a country, besides Pakistan, where thousands of largely middle class people could suddenly become political prisoners, while drawing almost no condemnation. It is of course because the UK supports the coup against Khan.
But I feel confident it also reflects in part the racism and contempt shown by the British political class towards the Pakistani immigrant community, which contrasts starkly with British ministerial enthusiasm for Modi’s India.
We should not forget New Labour have also never been a friend to democracy in Pakistan, and the Blair government was extremely comfortable with Pakistan’s last open military dictatorship under General Musharraf.
On my last visit to Pakistan I went to Karachi, Abbottabad and the Afghan border. I hope to return in the spring, should the new government let me in.
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Matt Kennard sits down with Stella Assange, wife of Julian Assange, to talk about his incarceration in Belmarsh maximum security prison, his case against extradition to the U.S., his persecution by Washington and the state of the UK judiciary.
I live in downtown Ottawa, right in the middle of the trucker convoy protest. They are literally camped out below my bedroom window. My new neighbours moved in on Friday and they seem determined to stay. I have read a lot about what my new neighbours are supposedly like, mostly from reporters and columnists who write from distant vantage points somewhere in the media heartland of Canada. Apparently the people who inhabit the patch of asphalt next to my bedroom are white supremacists, racists, hatemongers, pseudo-Trumpian grifters, and even QAnon-style nutters. I have a perfect view down Kent Street – the absolute ground zero of the convoy. In the morning, I see some protesters emerge from their trucks to stretch their legs, but mostly throughout the day they remain in their cabs honking their horns. At night I see small groups huddled in quiet conversations in their new found companionship. There is no honking at night. What I haven’t noticed, not even once, are reporters from any of Canada’s news agencies walking among the trucks to find out who these people are. So last night, I decided to do just that – I introduced myself to my new neighbours.
The Convoy on Kent Street. February 2, 2022.
At 10pm I started my walk along – and in – Kent Street. I felt nervous. Would these people shout at me? My clothes, my demeanour, even the way I walk screamed that I’m an outsider. All the trucks were aglow in the late evening mist, idling to maintain warmth, but all with ominously dark interiors. Standing in the middle of the convoy, I felt completely alone as though these giant monsters weren’t piloted by people but were instead autonomous transformer robots from some science fiction universe that had gone into recharging mode for the night. As I moved along I started to notice smatterings of people grouped together between the cabs sharing cigarettes or enjoying light laughs. I kept quiet and moved on. Nearby, I spotted a heavy duty pickup truck, and seeing the silhouette of a person in the driver’s seat, I waved. A young man, probably in his mid 20s, rolled down the window, said hello and I introduced myself. His girlfriend was reclined against the passenger side door with a pillow to proper her up as she watched a movie on her phone. I could easily tell it’s been an uncomfortable few nights. I asked how they felt and I told them I lived across the street. Immediate surprise washed over the young man’s face. He said, “You must hate us. But no one honks past 6pm!” That’s true. As someone who lives right on top of the convoy, there is no noise at night. I said, “No, I don’t hate anyone, but I wanted to find out about you.” The two were from Sudbury Ontario, having arrived on Friday with the bulk of the truckers. I ask what they hoped to achieve, and what they wanted. The young woman in the passenger seat moved forward, excited to share. They said that they didn’t want a country that forced people to get medical treatments such as vaccines. There was no hint of conspiracy theories in their conversation with me, not a hint of racist overtones or hateful demagoguery. I didn’t ask them if they had taken the vaccine, but they were adamant that they were not anti-vaxers.
The next man I ran into was standing in front of the big trucks at the head of the intersection. Past middle age and slightly rotund, he had a face that suggests a lifetime of working outdoors. I introduced myself and he told me we was from Cochrane, Ontario. He also proudly pointed out that he was the block captain who helped maintain order. I thought, oh no, he might be the one person keeping a lid on things; is it all that precarious? I delicately asked how hard his job was to keep the peace but I quickly learned that’s not really what he did. He organized the garbage collection among the cabs, put together snow removal crews to shovel the sidewalks and clear the snow that accumulates on the road. He even has a salting crew for the sidewalks. He proudly bellowed in an irrepressible laugh “We’re taking care of the roads and sidewalks better than the city.” I waved goodbye and continued to the next block.
My next encounter was with a man dressed in dark blue shop-floor coveralls. A wiry man of upper middle age, he seemed taciturn and stood a bit separated from the small crowd that formed behind his cab for a late night smoke. He hailed from the Annapolis Valley, Nova Scotia. He owned his own rig, but he only drove truck occasionally, his main job being a self-employed heavy duty mechanic. He closed his shop to drive to Ottawa, because he said, “I don’t want my new granddaughter to live in a country that would strip the livelihood from someone for not getting vaccinated.” He introduced me to the group beside us. A younger crowd, I can remember their bearded faces, from Athabasca, Alberta, and Swift Current Saskatchewan. The weather had warmed, and it began to rain slightly, but they too were excited to tell me why they came to Ottawa. They felt that they needed to stand up to a government that doesn’t understand what their lives are like. To be honest, I don’t know what their lives are like either – a group of young men who work outside all day with tools that they don’t even own. Vaccine mandates are a bridge too far for them. But again, not a hint of anti-vax conspiracy theories or deranged ideology.
I made my way back through the trucks, my next stop leading me to a man of East Indian descent in conversation with a young man from Sylvan Lake, Alberta. They told me how they were following the news of O’Toole’s departure from the Conservative leadership and that they didn’t like how in government so much power has pooled into so few hands.
The rain began to get harder; I moved quickly through the intersection to the next block. This time I waved at a driver in one of the big rigs. Through the rain it was hard to see him, but he introduced himself, an older man, he had driven up from New Brunswick to lend his support. Just behind him some young men from Gaspésie, Quebec introduced themselves to me in their best English. At that time people started to notice me – this man from Ottawa who lives across the street – just having honest conversations with the convoy. Many felt a deep sense of abuse by a powerful government and that no one thinks they matter.
Behind the crowd from Gaspésie sat a stretch van, the kind you often see associated with industrial cleaners. I could see the shadow of a man leaning out from the back as he placed a small charcoal BBQ on the sidewalk next to his vehicle. He introduced himself and told me he was from one of the reservations on Manitoulin Island. Here I was in conversation with an Indigenous man who was fiercely proud to be part of the convoy. He showed me his medicine wheel and he pointed to its colours, red, black, white, and yellow. He said there is a message of healing in there for all the human races, that we can come together because we are all human. He said, “If you ever find yourself on Manitoulin Island, come to my reserve, I would love to show you my community.” I realized that I was witnessing something profound; I don’t know how to fully express it.
As the night wore on and the rain turned to snow, those conversations repeated themselves. The man from Newfoundland with his bullmastiff, a young couple from British Columbia, the group from Winnipeg that together form what they call “Manitoba Corner ” all of them with similar stories. At Manitoba Corner a boisterous heavily tattooed man spoke to me from the cab of his dually pickup truck – a man who had a look that would have fit right in on the set of some motorcycle movie – pointed out that there are no symbols of hate in the convoy. He said, “Yes there was some clown with a Nazi flag on the weekend, and we don’t know where he’s from, but I’ll tell you what, if we see anyone with a Nazi flag or a Confederate flag, we’ll kick his fucking teeth in. No one’s a Nazi here.” Manitoba Corner all gave a shout out to that.
As I finally made my way back home, after talking to dozens of truckers into the night, I realized I met someone from every province except PEI. They all have a deep love for this country. They believe in it. They believe in Canadians. These are the people that Canada relies on to build its infrastructure, deliver its goods, and fill the ranks of its military in times of war. The overwhelming concern they have is that the vaccine mandates are creating an untouchable class of Canadians. They didn’t make high-falutin arguments from Plato’s Republic, Locke’s treatises, or Bagehot’s interpretation of Westminster parliamentary systems. Instead, they see their government willing to push a class of people outside the boundaries of society, deny them a livelihood, and deny them full membership in the most welcoming country in the world; and they said enough. Last night I learned my new neighbours are not a monstrous faceless occupying mob. They are our moral conscience reminding us – with every blow of their horns – what we should have never forgotten: We are not a country that makes an untouchable class out of our citizens.
There are many things we can do to liberate ourselves, and each other, from the tyranny of government. Unfortunately, for generations, we have been educated to believe we are powerless. Supposedly our voice can only be heard through the ballot box, our extremely limited ability to lobby and whatever protests we are allowed.
This is a deception. We have all the power, government has none and we can change the world whenever we choose.
All we need to do is realise our collective agency and strength. The good news is that, if we consistently work toward freedom, achieving it is a nailed on certainty. The bad news is that very few of us are even aware of the need to change our behaviour and fewer still know how to do it.
Our broad lack of awareness leaves us at the mercy of those who do understand how to misuse behaviour change techniques and applied psychology for nefarious purposes. This mistreatment has led a sizeable minority to rail against applied behavioural psychology. Yet, should we decide the use these strategies ourselves, the potential for positive social change is immense.
This article is written in the hope that we can all learn how use behaviour change techniques for our benefit. Behaviour change is a skill that can be learned and, with practice, become a powerful tool for personal development. We can use it to defeat the plans of those who would use it against us and construct a free society.
The Misuse Problem
Over the last two years we have experienced, and are continuing to endure, a global behavioural change programme designed to force us into compliance. Psychological operations (psyops) have been used to adapt our behaviour to a so-called “new normal.” One of the objective is to condition us to respond automatically to an announced crisis, whatever it may be, and to obey government commands.
This isn’t a contentious point. Applied behavioural change techniques are common practice at both the world governance and national government level. The World Health Organisation outline how they interpret their use:
A health campaign follows a specific sequence that moves the target audience from awareness of an issue towards a behaviour resulting in a specific health outcome […] Presenting a consistent message from multiple sources increases the likelihood of action […] Trusted messengers and high-profile personalities can add their voices to the campaign.
In February 2020, one month before they declared a global pandemic, the WHO announced the creation of its Technical Advisory Group on Behavioural Insights and Sciences for Health (TAG). The group is chaired by Prof. Cass Sunstein and its members include behavioural change experts from the World Bank, the World Economic Forum and the Bill and Melinda Gates Foundation. Prof. Susan Michie, from the UK, is also a TAG participant.
Cass Sunstein co-authored a 2008 paper titled Conspiracy Theories in which he and Prof. Adrian Vermeule advocated a series of psychological methods to counter the arguments of people who doubt official narratives. Sunstein & Vermeule ruled out engaging in logical, evidence based debate. Instead, they proposed a concerted psyop campaign to discredit anyone who questioned the government.
TAG soon published Principles and Steps for Applying a Behavioural Perspective to Public Health in which they identified six principles they would utilise. Deciding that knowledge was “often not enough to change behaviours,” TAG implemented a different methodology. Noting that the behavioural choices we make are “influenced by the environment in which an individual resides and makes decisions,” TAG concluded:
Approaching public health from a behavioural perspective requires focusing on people and their behaviours in the context in which those behaviours occur […] Behaviours can be defined so that the influences on those behaviours in terms of barriers and drivers can be diagnosed. The strategies and interventions that can change those behaviours can then be designed.
There was no mention of consent anywhere in the document. TAG advocate manipulation of the context in which behaviours occur. This enables them to design the behavioural response. We are the subjects of their efforts and TAG don’t consider either our knowledge or consent to be relevant.
Susan Michie is also a member of the UK government’s Scientific Advisory Group for Emergencies (SAGE). They have provided much of the “evidence” which the UK government used to justify its anti-scientific response to the pseudopandemic. Michie is also a leading member of the SAGE behavioural change subgroup, Spi-B.
Like her fellow TAG and Spi-B behavioural change experts, Michie favours psyops over logical discourse. In an advisory report, dated 22nd March 2020, SPi-B recommended that the UK government engage in a media led terror campaign to coerce the public into pseudopandemic compliance:
A substantial number of people still do not feel sufficiently personally threatened […] The perceived level of personal threat needs to be increased among those who are complacent, using hard-hitting emotional messaging […] Some people will be more persuaded by appeals to play by the rules, some by duty to the community, and some to personal risk. All these different approaches are needed […] Use media to increase sense of personal threat […] Consider use of social disapproval for failure to comply.
Government in the UK, and elsewhere, deployed precisely this methodology with the assistance of their mainstream media partners. This was a continuation of the manipulation proposed in the UK governments 2010 document called MINDSPACE. The report outlined how government could misuse behaviour change for propaganda and compliance purposes.
It stressed the importance of avoiding any discussion of the evidence and focused upon overcoming peoples’ rational minds using psychological manipulation. Notably, this could be achieved without the subjects (us) even being aware that we were effectively being programmed:
People’s behaviour may be altered if they are first exposed to certain sights, words or sensations […] people behave differently if they have been ‘primed’ by certain cues beforehand.. Emotional responses to words, images and events can be rapid and automatic.. people can experience a behavioural reaction before they realise what they are reacting to […] This shifts the focus of attention away from facts and information, and towards altering the context within which people act […] Behavioural approaches embody a line of thinking that moves from the idea of an autonomous individual, making rational decisions, to a ‘situated’ decision-maker, much of whose behaviour is automatic and influenced by their choice environment […] citizens may not fully realise that their behaviour is being changed – or, at least, how it is being changed.
This approach utilises the covert psychological strategies suggested by Sunstein two years earlier. Spi-B and TAG were among those who exploited them throughout the pseudopandemic. Combined with wide reaching censorship and a concerted media propaganda campaign, the objective was to hide or otherwise obfuscate evidence and move people away from rationality towards becoming “situated decision makers.”
Programmed to accept a tightly defined set of limited discussion points, people were coerced into believing in a predetermined “choice environment.” The context and extent of their decision making was thus controlled, leaving many subjects psychologically disabled. Once the choice environment had been established, behavioural responses could then be designed without any resistance from the situated decision makers.
This form of brainwashing primarily targets the subconscious. It is highly effective because it leaves the subject imagining they have free choice or free will. This deception renders us far more likely to behave as instructed. However, in reality, our behavioural options are restricted to the desired outcomes only. The behavioural commitment of the subject is engineered by their situated position within the choice environment.
The misuse of behavioural change techniques, and the applied psychology that underpins them, is totally unethical. It is a form of psychological abuse that was and is still inflicted upon the global population to push an agenda.
In the UK this prompted a concerned group of psychologists and therapists to write to the British Psychological Society (BPS), urging them to investigate the abuse and issue a statement. Eventually the BPS replied with what many considered to be an evasive, disingenuous and wholly unconvincing reponse.
Given the activities of TAG, Spi-B and others, strong opposition to this psychological manipulation by government is understandable. It is essential that we draw a distinction between their covert, unethical misuse of behavioural change and the appropriate use of these strategies.
Used as part of talking therapy, behaviour change (or modification) is perhaps the most powerful technique for the treatment of many unwanted, self-destructive behaviours. It has helped millions of people around the world overcome addiction and provides us with tools we can use in our daily lives to achieve a wide range of goals and objectives.
For example, if freedom is our aim, we can use the skills we learn from Acceptance and Commitment Therapy (ACT) to live as free, sovereign human beings. If enough of us do so it is inevitable that we will create the free society most of us want. We do not have to live under the tyrannical oppression of any government that seeks to control us through brainwashing and fear.
Acceptance And Commitment Therapy (ACT)
Acceptance And Commitment Therapy (ACT) helps us to notice the thoughts and experiences that lead us to adopt potentially destructive behaviours. Once we have acknowledged and accepted the reality of our current condition we can identify the associated behaviours, develop better coping strategies and commit to behavioural change.
We can use the ACT matrix as a mental map to guide us away from damaging or life-limiting behaviours and instead actively choose behaviour that moves us closer to our goal. This is depicted below and the the diagram can be carried on the person as an aide-mémoire. However, once people are familiar with applying ACT in their daily lives, the simplicity of the model allows most to visualise it when needed.
Acceptance and Commitment Therapy Matrix
Each of us perceive the world through our senses. This enables us to build a mental picture of reality. However, thoughts, emotions and physical sensations can impact upon our perception.
Take, for example, a forest walk. The sights, sounds, smells, textures and even tastes form our appreciation of nature and the experience. However, if we start to feel the uncomfortable sensation of substance withdrawal then, despite the evidence of our senses, we can perceive the forest as little more than a dark prison stopping us from getting to the substance we desire.
Our mental experience does not necessarily reflect reality. Other “unwanted stuff,” such as cravings or fear, often get in the way. When they do we can easily become “situated decision makers.”
Unable to cope with our internal conflicts, we often resort to behaviours that are driven by these unwanted thoughts, emotions, physical sensations or beliefs. We respond to them instead of the present reality of our environment or condition.
These behaviours, such as problematic substance use, can be fatal. The behaviours themselves can compound the unwanted thoughts, emotions, and physical sensations. We may enter the cycle of addiction where physical changes and altered brain function can occur, further compelling the destructive behaviour.
ACT teaches us that the first thing we need to do is pay attention to the here and now. Our reality is formed through both physical and psychological influences and we need to be “mindful” of both. The ability to root ourselves in awareness of the ‘here and now’ can be improved by practising mindfulness exercises.
The objective is not to sit in mindful contemplation but to improve self-awareness skills. Our capacity to focus upon what is happening to us in any given moment will afford us self-control.
For example, we might improve our awareness of the conflict between the tranquillity of a forest walk and our craving for a drug. Both can perceived simultaneously. The craving is an uncomfortable sensation but that does not need to alter our comprehension of the forest.
We are able to identify the difference between external reality and internal distress. In this awareness we can start to address the resultant behaviour that is driven by our personal experience, not the forest. We can no longer blame the forest (our environment or other people) for actions that are our own responsibility.
The next step in ACT is acceptance. It is pointless pretending that we are not experiencing cravings, emotional distress or physical pain when, in reality, we are. Trying to deny these experiences, whether psychosomatic or caused directly by physical stimuli, simply increases our anxiety, often heightening our discomfort.
If we accept what is happening to us we can confront it. If we deny it we never will.
When we don’t pay attention to the – here and now – it is very easy for us to automatically adopt learned behaviours based upon misconceptions. Especially if we use them as coping strategies whenever we encounter a trigger. Noticing is the key to unlocking behavioural control.
Let’s say we cope with stress by drinking alcohol. Every time we are in a stressful situation we increase the chance of drinking more because we wrongly believe that is our only option or that the behaviour carries no risk. For most people this isn’t a problem but for many it can become life threatening. If stress is a trigger, ACT teaches problematic drinkers to notice what causes them stress and the signs of being stressed as they emerge.
Once able to recognise the risk, as it occurs, the problematic drinker has an awareness of behavioural choice. They can rely upon a behaviour which they know to be harmful or they can use a different coping strategy that is less harmful or hopefully causes no harm at all.
ACT is about awareness of reality. If drinking chills you out, in the moment, then whatever behaviour you choose to use as a coping strategy also has to work. Otherwise it isn’t a real choice. Someone who is alcohol dependent, following detox and in recovery, may choose to listen to music, exercise, read, pray or cook instead of drinking. Whatever behaviour they use, all that matters is that it works and moves them towards their chosen goal.
ACT empowers people to gain control over behaviour that can either move them away or toward what is important to them. They do this through commitment to behavioural control. However, just as ACT demands that behavioural choice is real, so it requires a genuine appraisal of what matters to us.
Perhaps substance misuse has broken relationships, led to health problems or endangered the individual by repeatedly placing them in high risk situations. It is pointless pretending that relationships, health or safety matter more than using or drinking if that is not true. There is little chance of you moving away from harmful behaviour if you have nothing better to move toward.
For many people who use ACT this is perhaps the most challenging aspect. The moment they accept that their self-destructive or damaging behaviour matters more to them than anything else in the world can be an extremely painful realisation. It may be the first time they have truly confronted the stark reality of their problem.
This is a very high risk moment in the recovery journey. Relapse into self-destructive behaviour is a strong possibility.
ACT requires hard work and commitment. Hopefully, with the support of a decent therapist or psychologist, the individual can be afforded the safest possible opportunity to revaluate their life. This is no easy thing to do, as anyone who has been through it will attest. The majority are able to be honest with others most of the time, yet we struggle to be honest with ourselves.
Once this work is complete most people realise that their problematic behaviour is harming them and choose to readjust their priorities. They can set a goal that is truly more important to them than their problematic behaviour. It doesn’t really matter what this is. It could be rebuilding family relationships, health, safety, career, pets or, especially for those whose behaviour has led them into the judicial system, a commitment to freedom.
Every moment if filled with behaviour. Behaviour can lead us either away or toward what is important to us. ACT empowers individuals to recognise the risks inherent to the instance of behavioural choice. Rather than automatically responding as situated decision makers they can use the tools they have acquired to regain their autonomy and make rational behavioural decisions based upon their knowledge, values and objectives.
How to Use ACT To Free The World
In light of the activities of TAG and Spi-B and other institutions, we must confront the reality that we have governments that do not serve us. They merely play a policy enforcement role in a worldwide network we can call the Global Public-Private Partnership (G3P).
Government serves the G3P, not us. They use covert brainwashing techniques to control us. Our behaviour is “designed” and we are not free.
Click The Image To Expand
The obvious deceit and disinformation that characterises the G3P’s pseudopandemic has led an increasing number of people to recognise the tyranny of our governments. They can now see that government seeks to control every aspect of our lives on behalf of their G3P partners.
While governments around the world are busy back-pedalling on their outlandish claims, it won’t be long before they roll-out the next fear inducing psyop. This problem will permanently remain unless we do something about it.
From censoring the Internet to attempting to ban all protest, forcing people to take drugs they don’t want, surreptitiously deceiving us into accepting digital identities, that we have consistently rejected in the past, and removing our so-called human rights whenever convenient, it is pretty clear that alleged representative democracy is being replaced by dictatorship.
We imagine that the only way to change government is to elect, lobby or protest. But the problem is not the political parties who form government, although the party political system is a problem in and of itself, it is that whoever forms government serves the G3P regardless. Voting won’t change that. No one elects the people who lead the G3P’s compartmentalised, authoritarian structure.
Faced with a global network of multinational corporations, governments, NGO’s, philanthropic foundations and a mainstream media industrial complex propaganda machine, who are also part of the G3P, it can feel like we are powerless to resist. However, this is itself an illusion.
The truth is that the whole apparatus of state has been created to oppress us precisely because those who benefit from it realise that they are ultimately powerless. If we collectively decide to act, while the G3P partners will fight to retain their authority, they cannot win.
All we need to do is take action as individuals. When enough of us do we will change the world. It is inevitable.
Protest, legal challenges, lobbying, sharing information and campaigning on issues we care about are all valuable if we want to be free but, in order to change the world, what we really need to do is change our own behaviour. Instead of doing the things that move us away from freedom we need to consistently do the things that move us toward it.
Though often misquoted, Mahatma Gandhi explained this process eloquently:
We but mirror the world. All the tendencies present in the outer world are to be found in the world of our body. If we could change ourselves, the tendencies in the world would also change. As a man changes his own nature, so does the attitude of the world change towards him.
We can make this change by using ACT. If freedom is what matters to us then we must persistently behave in a way that moves us toward it. Equally, we must stop behaving in a way that moves us away from freedom.
This requires that we notice what is happening in the here and now. Is there a difference between our thoughts, feelings and emotions and reality?
We may notice that everyone around us is wearing a mask, reinforcing the visual cues suggesting a danger. Fear could be the emotion that is driving our behaviour. We must accept both the physical reality of our environment and the psychological state of fear we may be in.
Understanding the “here and now” and armed with ACT principles, we can overcome our fear and commit to what is important to us in that moment. We must ask ourselves which direction our behaviour will, not may, lead us. We have a behavioural choice and if we want to reach our goal, we must act accordingly.
If we choose to behave in a way that moves us away from freedom then we will eventually lose our freedoms and move closer to tyranny. If we choose to behave in a way that moves us towards freedom then we will be one step closer to it. The cumulative effect of all these behavioural choices will either be freedom or tyranny.
We have previously discussed the kind of solutions we might pursue. With these in mind, we can use ACT to steadily move towards freedom.
We know that the G3P intend to introduce Central Bank Digital Currency (CBDC). It is no coincidence that the pseudopandemic has been very helpful in further reducing our use of cash. CBDC is planned to be a liability of the central banks. When it is introduced it will be their money and never ours.
It is also programmable money, meaning that individual transaction can be monitored and controlled by the central bank. You will no longer be free to choose what you buy or who you transact with. A CBDC world represents nothing less than total, global monetary slavery.
The disappearance of cash will more easily facilitate the introduction of CBDC. Therefore, if freedom is important to us, we must not let cash disappear. In fact, we need to make cash indispensable to businesses across the world.
Using ACT, whenever we make a purchase or transaction we must ask ourselves if our behaviour moves us towards or away from freedom. While it is not always possible to use cash but, wherever and whenever it is, if we want to move towards freedom, we must use cash. If a store refuses to accept cash then don’t frequent it, choose one that does. Doing so will move us towards freedom.
We have been subjected to an unprecedented mainstream media propaganda campaign. Paying your TV license or buying mainstream media rags moves us away from freedom. So, using ACT, consider what other behavioural options would better suit your objective. If you need to be updated with current affairs, choose alternative media or free online sources.
If you choose to support the independent media you will be moving toward freedom. You will probably be better informed and will move away from tyranny.
Use ACT to move toward freedom by considering where you buy goods and services. If you simply give your hard earned money to multinational corporations does that move you away or toward freedom? If it moves you away, don’t do it.
Instead give it to local traders and small businesses, or barter and exchange wherever possible. This maintains and increases choice and is a step toward freedom.
The G3P agenda is to centralise all authority at a global level. Centralisation of authority moves us away from freedom. Therefore, don’t simply obey the edicts of global authority. If it is possible to disobey then always disobey on principle. This moves us towards freedom and away from tyranny.
There are a never ending list of behavioural choices that we make every day that can either move us away from or towards freedom. If freedom matters and we persistently make those choices with regard to “what is important to us,” we will create the demand for freedom. If we do it in sufficient numbers that demand will be overwhelming and it will ensure that we live in freedom.
It is not going to be easy. It will be far less convenient and require more effort than simply going with the flow. But relying on behaviours that move us towards tyranny will assuredly lead us into tyranny. It cannot be otherwise.
It all comes down to what you believe and what is important to you. If you value freedom then you must actively choose the behaviour that leads you to freedom.
Once you are familiar with behavioural change principles, using them can quickly become second nature. While constantly checking your own behaviour can feel cumbersome or even irritating to begin with, stick with it.
In no time at all you will largely control your behaviour and will forge a path towards freedom. Not only can we build a society based upon the principles of freedom, if we each take personal responsibility for our behaviour, we will build it.
In my second week in Saughton jail, a prisoner pushed open the door of my cell and entered during the half hour period when we were unlocked to shower and use the hall telephone in the morning. I very much disliked the intrusion, and there was something in the attitude of the man which annoyed me – wheedling would perhaps be the best description. He asked if I had a bible I could lend him. Anxious to get him out of my cell, I replied no, I did not. He shuffled off.
I immediately started to feel pangs of guilt. I did in fact have a bible, which the chaplain had given me. It was, I worried, a very bad thing to deny religious solace to a man in prison, and I really had no right to act the way I did, based on an irrational distrust. I went off to take a shower, and on the way back to my cell was again accosted by the man.
“If you don’t have a Bible,” he said, “Do you have any other book with thin pages?”
He wanted the paper either to smoke drugs, or more likely to make tabs from a boiled up solution of a drug.
You cannot separate the catastrophic failure of the Scottish penal system – Scotland has the highest jail population per capita in all of Western Europe – from the catastrophic failure of drugs policy in Scotland. 90% of the scores of prisoners I met and spoke with had serious addiction problems. Every one of those was a repeat offender, back in jail, frequently for the sixth, seventh or eighth time. How addiction had led them to jail varied. They stole, often burgled, to feed their addiction. They dealt drugs in order to pay for their own use. They had been involved in violence – frequently domestic – while under the influence.
I had arrived in Saughton jail on Sunday 1 August. After being “seen off” by a crowd of about 80 supporters outside St Leonards police station, I had handed myself in there at 11am, as ordered by the court. The police were expecting me, and had conducted me to a holding area, where my possessions were searched and I was respectfully patted down. The police were very polite. I had been expecting to spend the night in a cell at St Leonards and to be taken to jail in a prison van on the Monday morning. This is what both my lawyers and a number of policemen had explained would happen.
In fact I was only half an hour in St Leonards before being put in a police car and taken to Saughton. This was pretty well unique – the police do not conduct people to prison in Scotland. At no stage was I manacled or handled and the police officers were very friendly. Reception at Saughton prison – where prisoners are not usually admitted on a Sunday – were also very polite, even courteous. None of this is what happens to an ordinary prisoner, and gives the lie to the Scottish government’s claim that I was treated as one.
I was not fingerprinted either in the police station or the jail, on the grounds I was a civil prisoner with no criminal conviction. At reception my overcoat and my electric toothbrush were taken from me, but my other clothing, notebook and book were left with me.
I was then taken to a side office to see a nurse. She asked me to list my medical conditions, which I did, including pulmonary hypertension, anti-phospholipid syndrome, Barrett’s oesophagus, atrial fibrillation, hiatus hernia, dysarthria and a few more. As she typed them in to her computer, options appeared on a dropdown menu for her to select the right one. It was plain to me she had no knowledge of several of these conditions, and certainly no idea how to spell them
The nurse cut me off very bluntly when I politely asked her a question about the management of my heart and blood conditions while in prison, saying someone would be round to see me in the morning. She then took away from me all the prescription medications I had brought with me, saying new ones would be issued by the prison medical services. She also took my pulse oximeter, saying the prison would not permit it, as it had batteries. I said it had been given to me by my consultant cardiologist, but she insisted it was against prison regulations.
This was the most disconcerting encounter so far. I was then walked by three prison officers along an extraordinarily long corridor – hundreds of yards long – with the odd side turning, which we we ignored. At the end of the corridor we reached Glenesk Block. The journey to my cell involved unlocking eight different doors and gates, including my cell door, every one of which was locked behind me. There was no doubt that this was very high security detention.
Once I reached floor 3 of Glenesk block, which houses the admissions wing, we acquired two further guards from the landing, so five people saw me into my cell. This was twelve feet by eight feet. May I suggest that you measure that out in your room? That was to be my world for the next four months. In fact I was to spend 95% of the next four months confined in that space.
The door was hard against one wall, leaving space within the 12 ft by 8 ft cell for a 4 ft by 4 ft toilet in one corner next the door. This was fully walled in, to the ceiling, and closed properly with an internal door. This little room contained a toilet and sink. The toilet had no seat. This was not an accident – I was not permitted a toilet seat, even if I provided it myself. It was a normal UK style toilet, designed to be used with a seat, with the two holes for the seat fixing, and a narrow porcelain rim.
The toilet was filthy. Below the waterline it was stained deep black with odd lumps and ridges. Above the waterline it was streaked and spotted with excrement, as was the rim. The toilet floor was in a disgusting state. The cell itself was dirty with, everywhere a wall or bolted down furniture met the floor, a ridge built up of hardened black dirt.
A female guard looked around the cell, then came back to give me rubber gloves, a surface cleaner spray and some cloths. So I spent my first few hours in my cell on my knees, scrubbing away furiously with these inadequate materials.
The female guard had advised me that even after cleaning the cell I should always keep shoes on, because of the mice. I heard them most nights in my cell, but never saw one. The prisoners universally claim them to be rats, but not having seen one I cannot say.
A guard later explained to me that prisoners are responsible for cleaning their own cells, but as nobody generally stayed in a new admissions cell for more than two or three nights, nobody bothered. Cells for new arrivals will be cleaned out by a prisoner work detail, but as I had arrived on a Sunday, that had not happened.
So about 3pm I was locked in the cell. At 5.20pm the door opened for two seconds to check I was still there, but that was it for the day. There I was confused, disoriented and struggling to take in that all this was really happening. I should describe the rest of the cell.
A narrow bed ran down one wall. I came to realise that prison in Scotland still includes an element of corporal punishment, in that the prisoner is very deliberately made physically uncomfortable. Not having a toilet seat is part of this, and so is the bed. It consists of an iron frame bolted to the floor and holding up a flat steel plate, completely unsprung. On this unyielding steel surface there is a mattress consisting simply of two inches of low grade foam – think cheap bath sponge – encased in a shiny red plastic cover, slashed or burnt through in several places and with the colour worn off down the centre.
The mattress was stamped with the date 2013 and had lost its structural resistance, to the extent that if I pinched it between my finger and thumb, I could compress it down to a millimetre. On the steel plate, this mattress had almost no effect and I woke up after a sleepless first night with acute pain throughout my muscles and difficulty walking. To repeat, this is deliberate corporal punishment – a massively superior mattress could be provided for about £30 more per prisoner, while in no way being luxurious. The beds and mattresses can only be designed to inflict both pain and, perhaps more important, humiliation. It is plainly quite deliberate policy.
It is emblematic of the extraordinary lack of intellectual consistency in the Scottish prisons system that cells are equipped with these Victorian punishment beds but also with TV sets showing 23 channels including two Sky subscription channels (of which I shall write more in another instalment). The bed is fixed along one long wall, while a twelve inch plywood shelf runs the length of the other and can serve as a desk. At one end, up against the wall of the toilet, this desk meets a built-in plywood shelving unit fixed into the floor, on top of which are sat the television and kettle next to two power points. At the other end of the desk, a further set of shelves are attached to the wall above. There is a plastic stackable chair of the cheapest kind – the sort you see stacked outside poundshops as garden furniture.
On the outside wall there is a small double glazed window with heavy, square iron bars two inches thick running both horizontally and vertically, like a noughts and crosses grid. The window does not open, but had metal ventilation strips down each side, which were stuck firmly closed with black grime. At the other end of the cell, next to the toilet, the heavy steel door is hinged so as to have a distinct gap all round between the door and the steel frame, like a toilet cubicle door.
Above the desk shelf is fixed a noticeboard, which is the only place prisoners are allowed to put up posters or photos. However as prisoners are not permitted drawing pins, staples, sellotape or blu tak, this was not possible. I asked advice from the guards who suggested I try toothpaste. I did – it didn’t work.
There is a single neon light tube.
The admissions unit has single-occupancy cells, of which there are very few in the rest of the jail. All the prison’s cells were designed for single occupancy, but massive overcrowding means that they are mostly in practice identical to this description, but with a bunk bed rather than a single bed.
The prison is divided into a number of blocks. Glenesk block had three floors, each containing 44 of these cells. Each floor is entered by a central staircase and has a centrally located desk where the guards are stationed. Either side of the desk are two heavy metal grills stretching right across the floor and dividing it into two wings. Within the central area is the kitchen where meals are collected (though not prepared), then eaten back locked in the cell.
The corridor between the cells either side of each wing is about 30 feet wide. It contains a pool table and fixed chairs and tables, and is conceived as a recreational area. There are two telephones at the end of each wing from which prisoners may call (at 10p a minute) numbers from a list they have pre-registered for approval.
The various cell blocks are located off that central spine corridor whose length astonished me at first admission. I did not realise then that this is a discreet building in itself rather than a corridor inside a building – it is like a long concrete overground tunnel.
I should describe my typical day the first ten weeks. At 7.30am the cell door springs open without warning as guards do a head count. The door is immediately locked again. At 8am cereals, milk and morning rolls are handed in, and the door is immediately locked again. At 10am I was released into the corridor for 30 minutes to shower and use the telephone. The showers are in an open room but with individual cubicles, contrary to prison movie cliche. At 10.30am I was locked in again.
At 11am I was released for one hour and escorted under supervision to plod around an enclosed, tarmac exercise yard about 40 paces by 20 paces. This yard is filthy and contains prison bins. One wing of Glenesk block forms one side, and the central spine corridor forms another; the wall of a branch corridor leading to another cell block forms a third and a fence dividing off that block a fourth. The walls are about 10 feet high and the fence about 16 feet high.
In the non-admissions, larger area of Glenesk block the cells had windows with opening narrow side panels. It is the culture of the prison that rather than keep rubbish in their cells and empty it out at shower time, the prisoners throw all rubbish out of their cell windows into the exercise yard. This includes food waste and plates, newspapers, used tissues and worse. At meal times, sundry items (bread, margarine etc) are available on a table outside the kitchen and some prisoners scoop up quantities simply to throw them out of the window into the yard.
I believe the origin of this is that this enclosed yard is used by protected prisoners, many of whom are sexual offenders. Glenesk house has a protected prisoner area on its second floor. “Mainstream” prisoners from Glenesk exercise on the astroturf five-a-side football pitch the other side of the spine corridor. (For four months that pitch was the view from my window and I never saw a game of football played. After three months the goals were removed.) New admissions exercise in the protected yard because they have not been sorted yet – that sorting is the purpose of the new admissions wing. New prisoners therefore have to plough through the filth prepared for protected prisoners.
At times large parts of this already small exercise yard were ankle deep in dross – it was cleaned out intermittently, probably on average every three weeks. Only on a couple of occasions was it so bad I decided against exercise. After exercise getting the sludge off my shoes as we went straight back to my cell was a concern. I now understood how the cell had got so dirty.
After exercise, at noon I collected my lunch and was locked back in the cell. Apart from 2 minutes to collect my tea, I would be locked in from noon until 10am the following morning, for 22 hours solid, every single day. In total I was locked in for 22 and a half hours a day for the first ten weeks. After that I was locked in my cell for 23 hours and 15 minutes a day due to a covid outbreak.
At 5pm the door would open for a final headcount, and then we would be on lockdown for the night, though in truth we had been locked down all day. Lockdown here meant the guards were going home.
Now I want you again to just mark out twelve feet by eight feet on your floor and put yourself inside it. Then imagine being confined inside that space a minimum of 22 and a half hours a day. For four months. These conditions were not peculiar to me – it is how all prisoners were living and are still living today. The library, gym and all educational activities had been closed “because of covid”. The resulting conditions are inhumane – few people would keep a dog like that.
It is also worth noting that Covid is an excuse. In September 2017 an official inspection report already noted that significant numbers of prisoners in Saughton were confined to cells for 22 hours a day. The root problem is massive overcrowding, and I shall write further on the causes of that in a future instalment.
The long concrete and steel corridors of the prison echo horribly, and after lockdown for the first time I felt rather scared. All round me prisoners were shouting out at the top of their voices. That first evening two were yelling death threats at another prisoner, with extreme expressions of hate and retribution. Inter-prisoner communication is by yelling out the window. This went on all night into the early hours of the morning. Prisoners were banging continually on the steel doors, sometimes for hours, calling out for guards who were not there. Somebody was crying out as though being attacked and in pain. There were sounds of plywood splintering as people smashed up their rooms.
It was unnerving because it seemed to me I was living amongst severely violent and out of control berserkers.
Part of the explanation of this is that for most prisoners the new admissions wing on first night is where they go through withdrawal symptoms. Many prisoners come in still drugged up. They are going through their private hell and desperate to get medication. I can understand (though not condone) why the prison medical staff are so remarkably bad and unhelpful. Their job and circumstances are very difficult.
On that first evening I was concerned that I did not have my daily medicines, and by the next morning my heart was getting distinctly out of synch. I was therefore relieved to receive the promised medical visit.
My cell door was opened and a nurse, flanked by two guards, addressed me from outside my cell. She asked if I had any addictions. I replied in the negative. I asked when I might receive my medicines. She said it was in process. I asked if I might get my pulse oximeter. She said the prison did not allow devices with batteries. I asked if my bed could somehow be propped or sloped because of my hiatus hernia (leading to gastric reflux) and Barrett’s oesophagus. She said she didn’t think that the prison could do that. I asked about management of my blood condition (APS), saying I was supposed to exercise regularly and not sit for long periods. She replied by asking if I would like to see the psychiatric team. I replied no. She left.
I was taken out to exercise alone, with four guards watching me. I felt like Rudolf Hess. In the lunch queue I met my first prisoners, who were respectful and polite. The day passed much as the first, and I still did not get my medicines on the Monday. They arrived on the Tuesday morning, as did the prison governor.
I was told the governor had come to see me, and I met him in the (closed) Glenesk library. David Abernethy is a taciturn man who looks like a rugby prop and has a reputation among prisoners as a disciplinarian, compared to other prison regimes in Scotland. He was accompanied by John Morrison, Glenesk block manager, a friendly Ulsterman, who did most of the talking.
I was an anomaly in that Saughton did not normally hold civil prisoners. The Governor told me he believed I was their first civil prisoner in four years, and before that in ten. Civil prisoners should be held separately from criminal prisoners, but Saughton had no provision for that. The available alternatives were these: I could move into general prisoner population, which would probably involve sharing a cell; I could join the protected prisoners; or I could stay where I was on admissions.
On the grounds that nothing too terrible had happened to me yet, I decided to stay where I was and serve my sentence on admissions.
They wished to make plain to me that it was their job to hold me and it was not for them to make any comment on the circumstances that brought me to jail. I told them I held no grudge against them and had no reason to complain of any of the prison officers who had (truthfully) so far all been very polite and friendly to me. I asked whether I could have books I was using for research brought to me from my library at home; I understood this was not normally allowed. I was also likely to receive many books sent by well-wishers. The governor said he would consider this. They also instructed, at my request, extra pillows to be brought to prop up the head of my bed due to my hiatus hernia.
That afternoon a guard came along (I am not going to give the names except for senior management, as the guards might not wish it) with the pillows, and said he had been instructed I was a VIP prisoner and should be looked after. I replied I was not a VIP, but was a civil prisoner, and therefore had different rights to other prisoners.
He said that the landing guards suggested that I should take my exercise and shower/phone time at the same time as other mainstream new admission prisoners (sexual offender and otherwise protected new admission prisoners had separate times). I had so far been kept entirely apart, but perhaps I would prefer to meet people? I said I would prefer that.
So the next day I took my exercise in that filthy yard in the company of four other prisoners, all new arrivals the night before. I thus observed for the first time something which astonished me. Once in the yard, the new prisoners (who on this occasion arrived individually, not all part of the same case), immediately started to call out to the windows of Glenesk block, shouting out for friends.
“Hey, Jimmy! Jimmy! It’s me Joe! I am back. Is Paul still in? What’s that? Gone tae Dumfries? Donnie’s come in? That’s brilliant.”
The realisation dropped, to be reinforced every day, that Saughton jail is a community, a community where the large majority of the prisoners all know each other. That does not mean they all like each other – there are rival gangs, and enmities. But prison is a routine event in not just their lives, but the lives of their wider communities. Those communities are the areas of deprivation of Edinburgh.
Edinburgh is a city of astonishing social inequality. It contains many of the areas in the bottom 10% of multiple social deprivation in Scotland (dark red on the map below). These are often a very short walk from areas of great affluence in the top 10% (dark blue on the map). Of course, few people make that walk. But I recommend a spell in Saughton jail to any other middle class person who, like myself, was foolish enough to believe that Scotland is a socially progressive country.
The vast majority of prisoners I met came from the red areas on these maps. The same places came up again and again – including Granton, Pllton, Oxgangs, Muirhouse, Lochend, and from West Lothian, Livingston and Craigshill. Saughton jail is simply where Edinburgh locks away 900 of its poorest people, who were born into extreme poverty and often born into addiction. Many had parents and grandparents also in Saughton jail.
A large number of prisoners have known institutionalisation throughout their lives; council care and foster homes leading to young offenders’ institutions and then prison. A surprising number have very poor reading and writing skills. The overcrowding of our prisons is a symptom not just of failed justice and penal policy, but of fundamentally flawed economic, social and educational systems.
Of which I shall also write more later. Here, on this first day with a group in the exercise yard, I was mystified as the prisoners started going up to the ground floor windows and the guards started shouting “keep away from the windows! Stand back from the windows” in a very agitated fashion, but to no effect. Eventually they removed one man and sent him back to his cell, though he seemed no more guilty than the others.
By the next week I had learnt what was happening. At exercise the new admissions prisoners get drugs passed to them through the window by their friends who have been in the prison longer and had time to get their supply established. These drugs are passed as paper tabs, as pills or in vape tubes. There appears no practical difficulty at all in prisoners getting supplied with plentiful drugs in Saughton. Every single day I was to witness new admissions prisoners getting their drugs at the window from friends, and every single day I witnessed this curious charade of guards shouting and pretending to try and stop them.
My first few days in Saughton had introduced me to an unknown, and sometimes frightening, world, of which I shall be telling you more.
«A murderous system is being created before our very eyes»
A made-up rape allegation and fabricated evidence in Sweden, pressure from the UK not to drop the case, a biased judge, detention in a maximum security prison, psychological torture – and soon extradition to the U.S., where he could face up to 175 years in prison for exposing war crimes. For the first time, the UN Special Rapporteur on Torture, Nils Melzer, speaks in detail about the explosive findings of his investigation into the case of Wikileaks founder Julian Assange.
An interview by Daniel Ryser, Yves Bachmann (Photos) and Charles Hawley (Translation), 31.01.2020
1. The Swedish Police constructed a story of rape
Nils Melzer, why is the UN Special Rapporteur on Torture interested in Julian Assange?
That is something that the German Foreign Ministry recently asked me as well: Is that really your core mandate? Is Assange the victim of torture?
What was your response?
The case falls into my mandate in three different ways: First, Assange published proof of systematic torture. But instead of those responsible for the torture, it is Assange who is being persecuted. Second, he himself has been ill-treated to the point that he is now exhibiting symptoms of psychological torture. And third, he is to be extradited to a country that holds people like him in prison conditions that Amnesty International has described as torture. In summary: Julian Assange uncovered torture, has been tortured himself and could be tortured to death in the United States. And a case like that isn’t supposed to be part of my area of responsibility? Beyond that, the case is of symbolic importance and affects every citizen of a democratic country.
Why didn’t you take up the case much earlier?
Imagine a dark room. Suddenly, someone shines a light on the elephant in the room – on war criminals, on corruption. Assange is the man with the spotlight. The governments are briefly in shock, but then they turn the spotlight around with accusations of rape. It is a classic maneuver when it comes to manipulating public opinion. The elephant once again disappears into the darkness, behind the spotlight. And Assange becomes the focus of attention instead, and we start talking about whether Assange is skateboarding in the embassy or whether he is feeding his cat correctly. Suddenly, we all know that he is a rapist, a hacker, a spy and a narcissist. But the abuses and war crimes he uncovered fade into the darkness. I also lost my focus, despite my professional experience, which should have led me to be more vigilant.
Fifty weeks in prison for violating his bail: Julian Assange in January 2020 in a police van on the way to London’s maximum security Belmarsh prison. Dominic Lipinski/Press Association Images/Keystone
Let’s start at the beginning: What led you to take up the case?
In December 2018, I was asked by his lawyers to intervene. I initially declined. I was overloaded with other petitions and wasn’t really familiar with the case. My impression, largely influenced by the media, was also colored by the prejudice that Julian Assange was somehow guilty and that he wanted to manipulate me. In March 2019, his lawyers approached me for a second time because indications were mounting that Assange would soon be expelled from the Ecuadorian Embassy. They sent me a few key documents and a summary of the case and I figured that my professional integrity demanded that I at least take a look at the material.
And then?
It quickly became clear to me that something was wrong. That there was a contradiction that made no sense to me with my extensive legal experience: Why would a person be subject to nine years of a preliminary investigation for rape without charges ever having been filed?
Is that unusual?
I have never seen a comparable case. Anyone can trigger a preliminary investigation against anyone else by simply going to the police and accusing the other person of a crime. The Swedish authorities, though, were never interested in testimony from Assange. They intentionally left him in limbo. Just imagine being accused of rape for nine-and-a-half years by an entire state apparatus and by the media without ever being given the chance to defend yourself because no charges had ever been filed.
You say that the Swedish authorities were never interested in testimony from Assange. But the media and government agencies have painted a completely different picture over the years: Julian Assange, they say, fled the Swedish judiciary in order to avoid being held accountable.
That’s what I always thought, until I started investigating. The opposite is true. Assange reported to the Swedish authorities on several occasions because he wanted to respond to the accusations. But the authorities stonewalled.
What do you mean by that: «The authorities stonewalled?»
Allow me to start at the beginning. I speak fluent Swedish and was thus able to read all of the original documents. I could hardly believe my eyes: According to the testimony of the woman in question, a rape had never even taken place at all. And not only that: The woman’s testimony was later changed by the Stockholm police without her involvement in order to somehow make it sound like a possible rape. I have all the documents in my possession, the emails, the text messages.
«The woman’s testimony was later changed by the police» – how exactly?
On Aug. 20, 2010, a woman named S. W. entered a Stockholm police station together with a second woman named A. A. The first woman, S. W. said she had had consensual sex with Julian Assange, but he had not been wearing a condom. She said she was now concerned that she could be infected with HIV and wanted to know if she could force Assange to take an HIV test. She said she was really worried. The police wrote down her statement and immediately informed public prosecutors. Even before questioning could be completed, S. W. was informed that Assange would be arrested on suspicion of rape. S. W. was shocked and refused to continue with questioning. While still in the police station, she wrote a text message to a friend saying that she didn’t want to incriminate Assange, that she just wanted him to take an HIV test, but the police were apparently interested in «getting their hands on him.»
What does that mean?
S.W. never accused Julian Assange of rape. She declined to participate in further questioning and went home. Nevertheless, two hours later, a headline appeared on the front page of Expressen, a Swedish tabloid, saying that Julian Assange was suspected of having committed two rapes.
Two rapes?
Yes, because there was the second woman, A. A. She didn’t want to press charges either; she had merely accompanied S. W. to the police station. She wasn’t even questioned that day. She later said that Assange had sexually harassed her. I can’t say, of course, whether that is true or not. I can only point to the order of events: A woman walks into a police station. She doesn’t want to file a complaint but wants to demand an HIV test. The police then decide that this could be a case of rape and a matter for public prosecutors. The woman refuses to go along with that version of events and then goes home and writes a friend that it wasn’t her intention, but the police want to «get their hands on» Assange. Two hours later, the case is in the newspaper. As we know today, public prosecutors leaked it to the press – and they did so without even inviting Assange to make a statement. And the second woman, who had allegedly been raped according to the Aug. 20 headline, was only questioned on Aug. 21.
What did the second woman say when she was questioned?
She said that she had made her apartment available to Assange, who was in Sweden for a conference. A small, one-room apartment. When Assange was in the apartment, she came home earlier than planned, but told him it was no problem and that the two of them could sleep in the same bed. That night, they had consensual sex, with a condom. But she said that during sex, Assange had intentionally broken the condom. If that is true, then it is, of course, a sexual offense – so-called «stealthing». But the woman also said that she only later noticed that the condom was broken. That is a contradiction that should absolutely have been clarified. If I don’t notice it, then I cannot know if the other intentionally broke it. Not a single trace of DNA from Assange or A. A. could be detected in the condom that was submitted as evidence.
How did the two women know each other?
They didn’t really know each other. A. A., who was hosting Assange and was serving as his press secretary, had met S. W. at an event where S. W. was wearing a pink cashmere sweater. She apparently knew from Assange that he was interested in a sexual encounter with S. W., because one evening, she received a text message from an acquaintance saying that he knew Assange was staying with her and that he, the acquaintance, would like to contact Assange. A. A. answered: Assange is apparently sleeping at the moment with the “cashmere girl.” The next morning, S. W. spoke with A. A. on the phone and said that she, too, had slept with Assange and was now concerned about having become infected with HIV. This concern was apparently a real one, because S.W. even went to a clinic for consultation. A. A. then suggested: Let’s go to the police – they can force Assange to get an HIV test. The two women, though, didn’t go to the closest police station, but to one quite far away where a friend of A. A.’s works as a policewoman – who then questioned S. W., initially in the presence of A. A., which isn’t proper practice. Up to this point, though, the only problem was at most a lack of professionalism. The willful malevolence of the authorities only became apparent when they immediately disseminated the suspicion of rape via the tabloid press, and did so without questioning A. A. and in contradiction to the statement given by S. W. It also violated a clear ban in Swedish law against releasing the names of alleged victims or perpetrators in sexual offense cases. The case now came to the attention of the chief public prosecutor in the capital city and she suspended the rape investigation some days later with the assessment that while the statements from S. W. were credible, there was no evidence that a crime had been committed.
But then the case really took off. Why?
Now the supervisor of the policewoman who had conducted the questioning wrote her an email telling her to rewrite the statement from S. W.
The original copies of the mail exchanges between the Swedish police.
What did the policewoman change?
We don’t know, because the first statement was directly written over in the computer program and no longer exists. We only know that the original statement, according to the chief public prosecutor, apparently did not contain any indication that a crime had been committed. In the edited form it says that the two had had sex several times – consensual and with a condom. But in the morning, according to the revised statement, the woman woke up because he tried to penetrate her without a condom. She asks: «Are you wearing a condom?» He says: «No.» Then she says: «You better not have HIV» and allows him to continue. The statement was edited without the involvement of the woman in question and it wasn’t signed by her. It is a manipulated piece of evidence out of which the Swedish authorities then constructed a story of rape.
Why would the Swedish authorities do something like that?
The timing is decisive: In late July, Wikileaks – in cooperation with the «New York Times», the «Guardian» and «Der Spiegel» – published the «Afghan War Diary». It was one of the largest leaks in the history of the U.S. military. The U.S. immediately demanded that its allies inundate Assange with criminal cases. We aren’t familiar with all of the correspondence, but Stratfor, a security consultancy that works for the U.S. government, advised American officials apparently to deluge Assange with all kinds of criminal cases for the next 25 years.
2. Assange contacts the Swedish judiciary several times to make a statement – but he is turned down
Why didn’t Assange turn himself into the police at the time?
He did. I mentioned that earlier.
Then please elaborate.
Assange learned about the rape allegations from the press. He established contact with the police so he could make a statement. Despite the scandal having reached the public, he was only allowed to do so nine days later, after the accusation that he had raped S. W. was no longer being pursued. But proceedings related to the sexual harassment of A. A. were ongoing. On Aug. 30, 2010, Assange appeared at the police station to make a statement. He was questioned by the same policeman who had since ordered that revision of the statement had been given by S. W. At the beginning of the conversation, Assange said he was ready to make a statement, but added that he didn’t want to read about his statement again in the press. That is his right, and he was given assurances it would be granted. But that same evening, everything was in the newspapers again. It could only have come from the authorities because nobody else was present during his questioning. The intention was very clearly that of besmirching his name.
The Swiss Professor of International Law, Nils Melzer, is pictured near Biel, Switzerland.
Where did the story come from that Assange was seeking to avoid Swedish justice officials?
This version was manufactured, but it is not consistent with the facts. Had he been trying to hide, he would not have appeared at the police station of his own free will. On the basis of the revised statement from S.W., an appeal was filed against the public prosecutor’s attempt to suspend the investigation, and on Sept. 2, 2010, the rape proceedings were resumed. A legal representative by the name of Claes Borgström was appointed to the two women at public cost. The man was a law firm partner to the previous justice minister, Thomas Bodström, under whose supervision Swedish security personnel had seized two men who the U.S. found suspicious in the middle of Stockholm. The men were seized without any kind of legal proceedings and then handed over to the CIA, who proceeded to torture them. That shows the trans-Atlantic backdrop to this affair more clearly. After the resumption of the rape investigation, Assange repeatedly indicated through his lawyer that he wished to respond to the accusations. The public prosecutor responsible kept delaying. On one occasion, it didn’t fit with the public prosecutor’s schedule, on another, the police official responsible was sick. Three weeks later, his lawyer finally wrote that Assange really had to go to Berlin for a conference and asked if he was allowed to leave the country. The public prosecutor’s office gave him written permission to leave Sweden for short periods of time.
And then?
The point is: On the day that Julian Assange left Sweden, at a point in time when it wasn’t clear if he was leaving for a short time or a long time, a warrant was issued for his arrest. He flew with Scandinavian Airlines from Stockholm to Berlin. During the flight, his laptops disappeared from his checked baggage. When he arrived in Berlin, Lufthansa requested an investigation from SAS, but the airline apparently declined to provide any information at all.
Why?
That is exactly the problem. In this case, things are constantly happening that shouldn’t actually be possible unless you look at them from a different angle. Assange, in any case, continued onward to London, but did not seek to hide from the judiciary. Via his Swedish lawyer, he offered public prosecutors several possible dates for questioning in Sweden – this correspondence exists. Then, the following happened: Assange caught wind of the fact that a secret criminal case had been opened against him in the U.S. At the time, it was not confirmed by the U.S., but today we know that it was true. As of that moment, Assange’s lawyer began saying that his client was prepared to testify in Sweden, but he demanded diplomatic assurance that Sweden would not extradite him to the U.S.
Was that even a realistic scenario?
Absolutely. Some years previously, as I already mentioned, Swedish security personnel had handed over two asylum applicants, both of whom were registered in Sweden, to the CIA without any legal proceedings. The abuse already started at the Stockholm airport, where they were mistreated, drugged and flown to Egypt, where they were tortured. We don’t know if they were the only such cases. But we are aware of these cases because the men survived. Both later filed complaints with UN human rights agencies and won their case. Sweden was forced to pay each of them half a million dollars in damages.
Did Sweden agree to the demands submitted by Assange?
The lawyers say that during the nearly seven years in which Assange lived in the Ecuadorian Embassy, they made over 30 offers to arrange for Assange to visit Sweden – in exchange for a guarantee that he would not be extradited to the U.S. The Swedes declined to provide such a guarantee by arguing that the U.S. had not made a formal request for extradition.
What is your view of the demand made by Assange’s lawyers?
Such diplomatic assurances are a routine international practice. People request assurances that they won’t be extradited to places where there is a danger of serious human rights violations, completely irrespective of whether an extradition request has been filed by the country in question or not. It is a political procedure, not a legal one. Here’s an example: Say France demands that Switzerland extradite a Kazakh businessman who lives in Switzerland but who is wanted by both France and Kazakhstan on tax fraud allegations. Switzerland sees no danger of torture in France, but does believe such a danger exists in Kazakhstan. So, Switzerland tells France: We’ll extradite the man to you, but we want a diplomatic assurance that he won’t be extradited onward to Kazakhstan. The French response is not: «Kazakhstan hasn’t even filed a request!» Rather, they would, of course, grant such an assurance. The arguments coming from Sweden were tenuous at best. That is one part of it. The other, and I say this on the strength of all of my experience behind the scenes of standard international practice: If a country refuses to provide such a diplomatic assurance, then all doubts about the good intentions of the country in question are justified. Why shouldn’t Sweden provide such assurances? From a legal perspective, after all, the U.S. has absolutely nothing to do with Swedish sex offense proceedings.
Why didn’t Sweden want to offer such an assurance?
You just have to look at how the case was run: For Sweden, it was never about the interests of the two women. Even after his request for assurances that he would not be extradited, Assange still wanted to testify. He said: If you cannot guarantee that I won’t be extradited, then I am willing to be questioned in London or via video link.
But is it normal, or even legally acceptable, for Swedish authorities to travel to a different country for such an interrogation?
That is a further indication that Sweden was never interested in finding the truth. For exactly these kinds of judiciary issues, there is a cooperation treaty between the United Kingdom and Sweden, which foresees that Swedish officials can travel to the UK, or vice versa, to conduct interrogations or that such questioning can take place via video link. During the period of time in question, such questioning between Sweden and England took place in 44 other cases. It was only in Julian Assange’s case that Sweden insisted that it was essential for him to appear in person.
3. When the highest Swedish court finally forced public prosecutors in Stockholm to either file charges or suspend the case, the British authorities demanded: «Don’t get cold feet!!»
Why was that?
There is only a single explanation for everything – for the refusal to grant diplomatic assurances, for the refusal to question him in London: They wanted to apprehend him so they could extradite him to the U.S. The number of breaches of law that accumulated in Sweden within just a few weeks during the preliminary criminal investigation is simply grotesque. The state assigned a legal adviser to the women who told them that the criminal interpretation of what they experienced was up to the state, and no longer up to them. When their legal adviser was asked about contradictions between the women’s testimony and the narrative adhered to by public officials, the legal adviser said, in reference to the women: «ah, but they’re not lawyers.» But for five long years the Swedish prosecution avoids questioning Assange regarding the purported rape, until his lawyers finally petitioned Sweden’s Supreme Court to force the public prosecution to either press charges or close the case. When the Swedes told the UK that they may be forced to abandon the case, the British wrote back, worriedly: «Don’t you dare get cold feet!!»
«Don’t you dare get cold feet!!»: Mail from the English law enforcement agency CPS to the Swedish Chief Prosecutor Marianne Ny. This Document was obtained by the Italian investigative journalist, Stefania Maurizi, in a five-year long FOIA litigation which is still ongoing.
Are you serious?
Yes, the British, or more specifically the Crown Prosecution Service, wanted to prevent Sweden from abandoning the case at all costs. Though really, the English should have been happy that they would no longer have to spend millions in taxpayer money to keep the Ecuadorian Embassy under constant surveillance to prevent Assange’s escape.
Why were the British so eager to prevent the Swedes from closing the case?
We have to stop believing that there was really an interest in leading an investigation into a sexual offense. What Wikileaks did is a threat to the political elite in the U.S., Britain, France and Russia in equal measure. Wikileaks publishes secret state information – they are opposed to classification. And in a world, even in so-called mature democracies, where secrecy has become rampant, that is seen as a fundamental threat. Assange made it clear that countries are no longer interested today in legitimate confidentiality, but in the suppression of important information about corruption and crimes. Take the archetypal Wikileaks case from the leaks supplied by Chelsea Manning: The so-called «Collateral Murder» video. (Eds. Note: On April 5, 2010, Wikileaks published a classified video from the U.S. military which showed the murder of several people in Baghdad by U.S. soldiers, including two employees of the news agency Reuters.) As a long-time legal adviser to the International Committee of the Red Cross and delegate in war zones, I can tell you: The video undoubtedly documents a war crime. A helicopter crew simply mowed down a bunch of people. It could even be that one or two of these people was carrying a weapon, but injured people were intentionally targeted. That is a war crime. «He’s wounded,» you can hear one American saying. «I’m firing.» And then they laugh. Then a van drives up to save the wounded. The driver has two children with him. You can hear the soldiers say: Well it’s their fault for bringing their kids into a battle. And then they open fire. The father and the wounded are immediately killed, though the children survive with serious injuries. Through the publication of the video, we became direct witnesses to a criminal, unconscionable massacre.
What should a constitutional democracy do in such a situation?
A constitutional democracy would probably investigate Chelsea Manning for violating official secrecy because she passed the video along to Assange. But it certainly wouldn’t go after Assange, because he published the video in the public interest, consistent with the practices of classic investigative journalism. More than anything, though, a constitutional democracy would investigate and punish the war criminals. These soldiers belong behind bars. But no criminal investigation was launched into a single one of them. Instead, the man who informed the public is locked away in pre-extradition detention in London and is facing a possible sentence in the U.S. of up to 175 years in prison. That is a completely absurd sentence. By comparison: The main war criminals in the Yugoslavia tribunal received sentences of 45 years. One-hundred-seventy-five years in prison in conditions that have been found to be inhumane by the UN Special Rapporteur and by Amnesty International. But the really horrifying thing about this case is the lawlessness that has developed: The powerful can kill without fear of punishment and journalism is transformed into espionage. It is becoming a crime to tell the truth.
Nils Melzer: «Let’s see where we will be in 20 years if Assange is convicted – what you will still be able to write then as a journalist. I am convinced that we are in serious danger of losing press freedoms.»
What awaits Assange once he is extradited?
He will not receive a trial consistent with the rule of law. That’s another reason why his extradition shouldn’t be allowed. Assange will receive a trial-by-jury in Alexandria, Virginia – the notorious «Espionage Court» where the U.S. tries all national security cases. The choice of location is not by coincidence, because the jury members must be chosen in proportion to the local population, and 85 percent of Alexandria residents work in the national security community – at the CIA, the NSA, the Defense Department and the State Department. When people are tried for harming national security in front of a jury like that, the verdict is clear from the very beginning. The cases are always tried in front of the same judge behind closed doors and on the strength of classified evidence. Nobody has ever been acquitted there in a case like that. The result being that most defendants reach a settlement, in which they admit to partial guilt so as to receive a milder sentence.
You are saying that Julian Assange won’t receive a fair trial in the United States?
Without doubt. For as long as employees of the American government obey the orders of their superiors, they can participate in wars of aggression, war crimes and torture knowing full well that they will never have to answer to their actions. What happened to the lessons learned in the Nuremberg Trials? I have worked long enough in conflict zones to know that mistakes happen in war. It’s not always unscrupulous criminal acts. A lot of it is the result of stress, exhaustion and panic. That’s why I can absolutely understand when a government says: We’ll bring the truth to light and we, as a state, take full responsibility for the harm caused, but if blame cannot be directly assigned to individuals, we will not be imposing draconian punishments. But it is extremely dangerous when the truth is suppressed and criminals are not brought to justice. In the 1930s, Germany and Japan left the League of Nations. Fifteen years later, the world lay in ruins. Today, the U.S. has withdrawn from the UN Human Rights Council, and neither the «Collateral Murder» massacre nor the CIA torture following 9/11 nor the war of aggression against Iraq have led to criminal investigations. Now, the United Kingdom is following that example. The Security and Intelligence Committee in the country’s own parliament published two extensive reports in 2018 showing that Britain was much more deeply involved in the secret CIA torture program than previously believed. The committee recommended a formal investigation. The first thing that Boris Johnson did after he became prime minister was to annul that investigation.
4. In the UK, violations of bail conditions are generally only punished with monetary fines or, at most, a couple of days behind bars. But Assange was given 50 weeks in a maximum-security prison without the ability to prepare his own defense
In April, Julian Assange was dragged out of the Ecuadorian Embassy by British police. What is your view of these events?
In 2017, a new government was elected in Ecuador. In response, the U.S. wrote a letter indicating they were eager to cooperate with Ecuador. There was, of course, a lot of money at stake, but there was one hurdle in the way: Julian Assange. The message was that the U.S. was prepared to cooperate if Ecuador handed Assange over to the U.S. At that point, the Ecuadorian Embassy began ratcheting up the pressure on Assange. They made his life difficult. But he stayed. Then Ecuador voided his amnesty and gave Britain a green light to arrest him. Because the previous government had granted him Ecuadorian citizenship, Assange’s passport also had to be revoked, because the Ecuadorian constitution forbids the extradition of its own citizens. All that took place overnight and without any legal proceedings. Assange had no opportunity to make a statement or have recourse to legal remedy. He was arrested by the British and taken before a British judge that same day, who convicted him of violating his bail.
What do you make of this accelerated verdict?
Assange only had 15 minutes to prepare with his lawyer. The trial itself also lasted just 15 minutes. Assange’s lawyer plopped a thick file down on the table and made a formal objection to one of the judges for conflict of interest because her husband had been the subject of Wikileaks exposures in 35 instances. But the lead judge brushed aside the concerns without examining them further. He said accusing his colleague of a conflict of interest was an affront. Assange himself only uttered one sentence during the entire proceedings: «I plead not guilty.» The judge turned to him and said: «You are a narcissist who cannot get beyond his own self-interest. I convict you for bail violation.»
If I understand you correctly: Julian Assange never had a chance from the very beginning?
That’s the point. I’m not saying Julian Assange is an angel or a hero. But he doesn’t have to be. We are talking about human rights and not about the rights of heroes or angels. Assange is a person, and he has the right to defend himself and to be treated in a humane manner. Regardless of what he is accused of, Assange has the right to a fair trial. But he has been deliberately denied that right – in Sweden, the U.S., Britain and Ecuador. Instead, he was left to rot for nearly seven years in limbo in a room. Then, he was suddenly dragged out and convicted within hours and without any preparation for a bail violation that consisted of him having received diplomatic asylum from another UN member state on the basis of political persecution, just as international law intends and just as countless Chinese, Russian and other dissidents have done in Western embassies. It is obvious that what we are dealing with here is political persecution. In Britain, bail violations seldom lead to prison sentences – they are generally subject only to fines. Assange, by contrast, was sentenced in summary proceedings to 50 weeks in a maximum-security prison – clearly a disproportionate penalty that had only a single purpose: Holding Assange long enough for the U.S. to prepare their espionage case against him.
As the UN Special Rapporteur on Torture, what do you have to say about his current conditions of imprisonment?
Britain has denied Julian Assange contact with his lawyers in the U.S., where he is the subject of secret proceedings. His British lawyer has also complained that she hasn’t even had sufficient access to her client to go over court documents and evidence with him. Into October, he was not allowed to have a single document from his case file with him in his cell. He was denied his fundamental right to prepare his own defense, as guaranteed by the European Convention on Human Rights. On top of that is the almost total solitary confinement and the totally disproportionate punishment for a bail violation. As soon as he would leave his cell, the corridors were emptied to prevent him from having contact with any other inmates.
And all that because of a simple bail violation? At what point does imprisonment become torture?
Julian Assange has been intentionally psychologically tortured by Sweden, Britain, Ecuador and the U.S. First through the highly arbitrary handling of proceedings against him. The way Sweden pursued the case, with active assistance from Britain, was aimed at putting him under pressure and trapping him in the embassy. Sweden was never interested in finding the truth and helping these women, but in pushing Assange into a corner. It has been an abuse of judicial processes aimed at pushing a person into a position where he is unable to defend himself. On top of that come the surveillance measures, the insults, the indignities and the attacks by politicians from these countries, up to and including death threats. This constant abuse of state power has triggered serious stress and anxiety in Assange and has resulted in measurable cognitive and neurological harm. I visited Assange in his cell in London in May 2019 together with two experienced, widely respected doctors who are specialized in the forensic and psychological examination of torture victims. The diagnosis arrived at by the two doctors was clear: Julian Assange displays the typical symptoms of psychological torture. If he doesn’t receive protection soon, a rapid deterioration of his health is likely, and death could be one outcome.
Half a year after Assange was placed in pre-extradition detention in Britain, Sweden quietly abandoned the case against him in November 2019, after nine long years. Why then?
The Swedish state spent almost a decade intentionally presenting Julian Assange to the public as a sex offender. Then, they suddenly abandoned the case against him on the strength of the same argument that the first Stockholm prosecutor used in 2010, when she initially suspended the investigation after just five days: While the woman’s statement was credible, there was no proof that a crime had been committed. It is an unbelievable scandal. But the timing was no accident. On Nov. 11, an official document that I had sent to the Swedish government two months before was made public. In the document, I made a request to the Swedish government to provide explanations for around 50 points pertaining to the human rights implications of the way they were handling the case. How is it possible that the press was immediately informed despite the prohibition against doing so? How is it possible that a suspicion was made public even though the questioning hadn’t yet taken place? How is it possible for you to say that a rape occurred even though the woman involved contests that version of events? On the day the document was made public, I received a paltry response from Sweden: The government has no further comment on this case.
What does that answer mean?
It is an admission of guilt.
How so?
As UN Special Rapporteur, I have been tasked by the international community of nations with looking into complaints lodged by victims of torture and, if necessary, with requesting explanations or investigations from governments. That is the daily work I do with all UN member states. From my experience, I can say that countries that act in good faith are almost always interested in supplying me with the answers I need to highlight the legality of their behavior. When a country like Sweden declines to answer questions submitted by the UN Special Rapporteur on Torture, it shows that the government is aware of the illegality of its behavior and wants to take no responsibility for its behavior. They pulled the plug and abandoned the case a week later because they knew I would not back down. When countries like Sweden allow themselves to be manipulated like that, then our democracies and our human rights face a fundamental threat.
You believe that Sweden was fully aware of what it was doing?
Yes. From my perspective, Sweden very clearly acted in bad faith. Had they acted in good faith, there would have been no reason to refuse to answer my questions. The same holds true for the British: Following my visit to Assange in May 2019, they took six months to answer me – in a single-page letter, which was primarily limited to rejecting all accusations of torture and all inconsistencies in the legal proceedings. If you’re going to play games like that, then what’s the point of my mandate? I am the Special Rapporteur on Torture for the United Nations. I have a mandate to ask clear questions and to demand answers. What is the legal basis for denying someone their fundamental right to defend themselves? Why is a man who is neither dangerous nor violent held in solitary confinement for several months when UN standards legally prohibit solitary confinement for periods extending beyond 15 days? None of these UN member states launched an investigation, nor did they answer my questions or even demonstrate an interest in dialogue.
5. A prison sentence of 175 years for investigative journalism: The precedent the USA vs. Julian Assange case could set
What does it mean when UN member states refuse to provide information to their own Special Rapporteur on Torture?
That it is a prearranged affair. A show trial is to be used to make an example of Julian Assange. The point is to intimidate other journalists. Intimidation, by the way, is one of the primary purposes for the use of torture around the world. The message to all of us is: This is what will happen to you if you emulate the Wikileaks model. It is a model that is so dangerous because it is so simple: People who obtain sensitive information from their governments or companies transfer that information to Wikileaks, but the whistleblower remains anonymous. The reaction shows how great the threat is perceived to be: Four democratic countries joined forces – the U.S., Ecuador, Sweden and the UK – to leverage their power to portray one man as a monster so that he could later be burned at the stake without any outcry. The case is a huge scandal and represents the failure of Western rule of law. If Julian Assange is convicted, it will be a death sentence for freedom of the press.
What would this possible precedent mean for the future of journalism?
On a practical level, it means that you, as a journalist, must now defend yourself. Because if investigative journalism is classified as espionage and can be incriminated around the world, then censorship and tyranny will follow. A murderous system is being created before our very eyes. War crimes and torture are not being prosecuted. YouTube videos are circulating in which American soldiers brag about driving Iraqi women to suicide with systematic rape. Nobody is investigating it. At the same time, a person who exposes such things is being threatened with 175 years in prison. For an entire decade, he has been inundated with accusations that cannot be proven and are breaking him. And nobody is being held accountable. Nobody is taking responsibility. It marks an erosion of the social contract. We give countries power and delegate it to governments – but in return, they must be held accountable for how they exercise that power. If we don’t demand that they be held accountable, we will lose our rights sooner or later. Humans are not democratic by their nature. Power corrupts if it is not monitored. Corruption is the result if we do not insist that power be monitored.
«It has been an abuse of judicial processes aimed at pushing a person into a position where he is unable to defend himself.»
You’re saying that the targeting of Assange threatens the very core of press freedoms.
Let’s see where we will be in 20 years if Assange is convicted – what you will still be able to write then as a journalist. I am convinced that we are in serious danger of losing press freedoms. It’s already happening: Suddenly, the headquarters of ABC News in Australia was raided in connection with the «Afghan War Diary». The reason? Once again, the press uncovered misconduct by representatives of the state. In order for the division of powers to work, the state must be monitored by the press as the fourth estate. WikiLeaks is a the logical consequence of an ongoing process of expanded secrecy: If the truth can no longer be examined because everything is kept secret, if investigation reports on the U.S. government’s torture policy are kept secret and when even large sections of the published summary are redacted, leaks are at some point inevitably the result. WikiLeaks is the consequence of rampant secrecy and reflects the lack of transparency in our modern political system. There are, of course, areas where secrecy can be vital. But if we no longer know what our governments are doing and the criteria they are following, if crimes are no longer being investigated, then it represents a grave danger to societal integrity.
What are the consequences?
As the UN Special Rapporteur on Torture and, before that, as a Red Cross delegate, I have seen lots of horrors and violence and have seen how quickly peaceful countries like Yugoslavia or Rwanda can transform into infernos. At the roots of such developments are always a lack of transparency and unbridled political or economic power combined with the naivete, indifference and malleability of the population. Suddenly, that which always happened to the other – unpunished torture, rape, expulsion and murder – can just as easily happen to us or our children. And nobody will care. I can promise you that.
I have only ever known Julian Assange in detention. For nine years now, I have visited him in England bearing Australian news and solidarity. To Ellingham Hall I brought music and chocolate, to the Ecuadorian embassy I brought flannel shirts, Rake, Wizz Fizz and eucalyptus leaves, but to Belmarsh prison you can bring nothing—not a gift, not a book, not a piece of paper. Then I returned to Australia, a country so far away that has abandoned him in almost every respect.
Over the years I have learned to not ask, ‘How are you?’, because it’s bloody obvious how he is: detained, smeared, maligned, unfree, stuck—in ever-narrower, colder, darker and damper tunnels—pursued and punished for publishing. Over the years I’ve learned to not complain of the rain or remark on what a beautiful day it is, because he’s been inside for so long that a blizzard would be a blessing. I’ve also learned that it is not comforting but cruel to speak of sunsets, kookaburras, road trips; it’s not helpful to assure him that, like me and my dog, he will find animal tracks in the bush when he comes home, even though I think it almost every day.
It is the prolonged and intensifying nature of his confinement that hits me as I wait in the first line outside the front door of the brown-brick jail. At the visitor centre opposite I’ve been fingerprinted after showing two forms of proof of address and my passport. Sure to remove absolutely everything from my pockets, I’ve locked my bags, keeping only £20 to spend on chocolate and sandwiches. Despite the security theatre that follows, the money gets nicked at some point through no fewer than four passageways that are sealed from behind before the next door opens, a metal detector, being patted down and having my mouth and ears inspected. After putting our shoes back on, we visitors cross an outdoor area and are faced with the reality of the cage: grey steel-mesh fencing with razor wire that is about 4 metres high all around. I hurry into the next building before going into a room where thirty small tables are fixed to the floor, with one blue plastic chair facing three green plastic chairs at each.
He sits on one of the blue plastic chairs.
I hesitate now, as I always do, to describe him. That, too, I’ve learned: it’s a protective impulse against the morbid fascination of some supporters, and against others who delight in his suffering. His health was already deteriorating severely when he left the embassy. He confirms that he is still on the health ward, though he hasn’t seen specialists, which is obviously necessary after what he’s been through. He explains that he is transported in and out of his cell, where he is kept for twenty-two hours a day under so-called ‘controlled moves’, meaning the prison is locked down and hallways are cleared. He describes the exercise yard. It has writing on the wall that says, ‘Enjoy the blades of grass under your feet’, but there is no grass, only concrete. There’s nothing green, just layers of wire mesh above his head, and concrete all around.
After such extreme isolation and deprivation of human company, of course he is happy to see friends. He cracks hardy, meeting me halfway, grinning at my jokes, patient with my awkwardness, nodding and encouraging me to remember half-memorised messages. I jump up to get supplies so that he can catch up with another friend. It is then that I realise I don’t have any money, so I go back for theirs. As I return to the line a woman in a hijab says, ‘He doesn’t belong in here. He shouldn’t be here. We know about things because of him. He has a lot of supporters in the Muslim community’. This sense and solidarity help to calm me down after the ordeal of entering this cold place; even here there is warmth, friendship, kindness. I’m so grateful to that woman and return with a tray of junk food to report what she’d just said, which shows once again that a lot of people can see through the intensive media manipulation Julian has been subjected to, and they have a sense of humanity, common sense, empathy and compassion that cut through.
Julian gets two social visits a month; the last one was three and a half weeks earlier, so we speak quickly, exchanging as many words, messages and ideas as we can. There have never been silences between us and, fuelled by coffee alone until the wee hours, we have often spoken at the same time, answering while the other talks, but the noise in the room is too loud for that. He often needs to close his eyes to marshal his train of thought, and then we are off again, so very conscious of slow jail time speeding up during visits, which are very loud—another thirty prisoners are seeing their friends and family, toddlers are trying to be heard, and presumably microphones and cameras are straining to hear what is being said as much as I am.
The UN expert on torture who also visited him at Belmarsh said that Julian exhibits the effects of prolonged psychological torture. He has been tortured by indefinite detention, and the prospect of extradition to the US for a show trial, where he would face 175 years in jail—an effective death sentence—is without doubt a form of torture. Still, I’m struck over and over again by the times he takes the conversation away from him and into principles and the broader implications of his case: ‘This isn’t just about me, Flick; this is about so many people, every journalist in the UK. If I can be grabbed, just another Australian working in London, any journalist or publisher can be grabbed for simply doing their jobs’.
A few weeks earlier, at a Greens event in Sydney, I lost my temper on a panel with someone who had similarly said, ‘This isn’t about Julian; this is about journalism’. I spat back, ‘Well, when is it going to be about Julian, too? When he’s dead? When they’ve killed him? When do you reckon it can be about an Australian publisher who’s in a UK cage being punished by the US for publishing the truth about wars in Iraq and Afghanistan?’
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Global finance appears to be overrun by what Susan Strange called ‘mad money’—money backed by little real collateral but having a very real capacity to increase indebtedness around the world. This is something that would need to be brought under political control and accountability in order for anything approaching justice to be possible in relation to global finance. The issue is about who controls the monetary system. Money is a crucial public good, and yet it is not under public, political, control.
With an increasingly globalized financial system that is expanding in scale and power relative to institutions of politics, economics, and law, there has developed, largely unannounced and entirely unaccountably as far as the global public is concerned, what amounts to a privatized global constitution. A set of binding legal arrangements that bypass and transcend sovereign jurisdictions and even other aspects of international law has been building up in support of the global financial system. Its transnational character is so strong that even at times of war between states, the close cooperation of its members is maintained.
The fact that financial relationships can be maintained even during times of war demonstrates that human beings have collaborative concerns that rise above the conflicts that can occur. It also serves to point up a bitter irony. Of the billions of human beings on this planet it is doubtful that very many actually desire ever to have a war, but few have any opportunity to ‘rise above’ a conflict if it is generated in their vicinity or in their name. The further a person is from the apex of the financial system, the less chance they have of escaping the effects of war when it comes. They are also the people with the least power to decide whether or when there should be a war in the first place.
A fundamental problem is that the profit-driven global financial system geared to the interests of owners of capital has been organized more quickly and completely as a normative framework for global order than any political arrangements aimed at promoting the public interest. It runs counter to the imperatives of seeking justice, ecologically sustainable productivity and peace. Its radical transformation is therefore evidently required. Because the financial system has developed something akin to a privatized global constitution, to secure conditions of social justice for the people of the world and ecological sustainability for the planet requires the constitution of a global normative order guided by public and political decision-making. The achievement of a publicly accountable and responsive constitutional order that is superordinate to the organizations of finance, as these have developed in the service of a global capitalist economy, would amount to a revolutionary transformation.
Entirely unexpectedly, I have been down in London this last three days outside and around the Ecuadorean Embassy, following WikiLeaks’ announcement that their sources indicate Julian might be expelled within hours or days. Plainly Julian’s position within the Embassy has deteriorated fundamentally, to the extent he is now treated openly as a closely guarded prisoner. I still have not myself been granted permission to visit him and he is now very isolated.
Nothing has happened so far this weekend, though I stated from the start that if the police were going to move in. the most likely time would be 4am on Monday morning. There is a thought that the massive media presence occasioned by Wikileaks’ announcement may have succeeded in deterring President Moreno from the expulsion. Let us hope that will prove the case.
I am very exhausted, having been more or less on 24 hour watch for three days. It was also somewhat difficult to tell Nadira her birthday celebration had shifted without notice from a restaurant in Edinburgh to a wet pavement in London. But I was very pleased to have a very fruitful in depth conversation with Kristin Hrafnsson, editor in chief of Wikileaks. Our thoughts ran along these lines, and as this does not involve secrets but rather media handling, I see no harm in sharing these thoughts with you.
When Julian does leave the Embassy, whatever the circumstances in which he does that, it will be for a day or two the largest media story in the world and undoubtedly will lead all the news bulletins across every major country. The odds are that he will be leaving and facing a fight against extradition to the United States, on charges arising from the Chelsea Manning releases which revealed a huge amount about US war crimes and other illegal acts.
It will be very important to try to focus a hostile media on why it is Julian is actually wanted for extradition. Not for the non-existent collusion with Russia to assist Trump, which is an entirely fake narrative. Not for meetings with Manafort which never happened. Not for the allegations in Sweden which fell apart immediately they were subject to rational scrutiny. And not for any nonsense about whether he hacked the communications in the Embassy or cleaned up the cat litter.
This is not going to be an easy task because pretty well all of the Western media is going to want to focus on these false anti-Assange narratives, and they will be determined to give as little attention as possible to the fact he is a publisher facing trial for publishing leaked state documents which revealed state wrongdoing. It is a classic and fundamental issue of freedom of speech and freedom of the press. Drawing together a team that can get this message across in such MSM windows as are afforded, as well as through social media, is an important task. The team needs to be in readiness and to be backed by a suitable support infrastructure that can be dusted off and sprung into action. The public framing of Julian’s position will undoubtedly impact on the final outcome; that is why the MSM have put in such a consistent effort to demonise one of the most interesting figures and original thinkers of our time.
If the balloon really had gone up this weekend, we would have been woefully unprepared to deal with the task of explaining the true story. If nothing else, this weekend’s alarm has been very helpful in concentrating minds on the size of the task.
Writing from another country I remember the Americans I'm supposed to forget, those forced into the lives that made them prisoners or simply targets of law enforcement programs. Some are religious people, Christians and Muslims. Many were Black Panthers. Some were and are radicals. Most are Americans. All cared for their communities and people. They were condemned by society at large. Under the FBI's COINTELPRO activists in the Sixties and Seventies political and community movements but particularly the Black Panthers were targeted and hunted and engaged in fire-fights by law enforcement. Any police casualty brought charges of murder in court. How many community leaders were convicted for killing a police person? And yet through many years have maintained their innocence despite the mechanism which increases the chance for parole if a crime is confessed and regretted. One reason I don't forget them is because I don't really believe they're guilty. Here are updates for some political prisoners in the U.S.. (1)
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Among U.S. political prisoners with the roots of imprisonment in the last century, is Rap Brown (Hubert Gerold Brown), known today as Imam Jamil Al-Amin. As a young leader he was pissed, acerbic and unafraid. His late speeches are devout, eloquent, historically wise, American, concerned with the survival of his people, and religiously humble. His rhetoric frightened U.S. law enforcement since the 1960's. Convicted of murdering a police person (a crime confessed to by someone else with accuracy, three times - then recanted), maintaining his own innocence Al-Amin was sentenced in 2002 to life imprisonment without parole. Placed in a maximum security prison and principally in solitary confinement far from friends, supporters, family for years, he was transferred to Eastern U.S. prisons for medical treatment with several medical conditions which the prison system was slow to diagnose and treat. He was found to have a rare form of blood cancer. His writings are suppressed. He's not permitted interviews.(2) With 16 years in prison, currently an appeal of his conviction slowly makes its way through appeals court. I think he's silenced because he's a wise man. Wasted by his country yet of deep human value he continues to frighten the establishment because he provides a bridge of peace between Islam and Christianity. When the struggle becomes conscious then we understand that we don't have an option. Struggle is the price you pay for your soul. We all doing life without parole. - Imam Jamil Al-Amin
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Abu Hamza al-Masri, born Mustafa Kamel Mustafa in Egypt, is a British Imam with a reputation for hating people he considers enemies of Islam. He was extradited to the U.S. to face trial in a Manhattan court not too far from the former World Trade Center(s), for alleged war related crimes in Yemen, Afghanistan and Oregon. At his trial the jury wasn't allowed to hear substantial evidence of his work for M-15 British Intelligence. Allegations against him were not based on any violence he committed but on his alleged responsibility for crimes; most of the evidence presented was his words, sermons, statements, opinions, feelings, his freedom of expression.(3) He wasn't found guilty of hate speech but of 11 counts of terrorism, and he is serving a life-without-parole sentence in the U.S. supermax prison, ADX Florence Colorado, essentially in solitary confinement, in "a cage like cell." Since apparently the conditions of his incarceration violate human rights law prohibitions against torture and degrading treatment,(4) contravening the conditions of his extradition from Europe to the U.S., the Imam has appealed for removal to prison in Great Britain. He is blind and missing both hands which were lost in an explosion when he was younger (British media have continually referred to him as "the Hook"). With diabetes and psoriasis as well, under U.S. prison conditions at ADX Florence the stumps of his arms become continually infected.
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An American, a Robert F. Wagner High School and Brooklyn College graduate who earned his M.A. in international relations in London, Fahad Hashmi, as a Muslim was targeted for association with radical friends and was extradited from England to New York, held in solitary for three years before trial, was threatened with a 70 year sentence for storing a friend's luggage which held clothing for Al-Quaeda, and was sentenced on a plea bargain to 15 years which he is serving at ADX Florence, the supermax facility. Relying on technicalities and the prisoner's innocence, the prosecution and imprisonment of Fahad Hashmi affirmed American law but betrayed American justice.
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In 2018 Jalil Muntaqim (Anthony Bottom) was denied parole for the 9th time. According to Jericho New York he "was convicted of the 1971 murders of two New York City police officers, a crime for which he accepted responsibility and demonstrated remorse. During his 47 years in prison, Jalil earned two college degrees and served as a counselor, teacher and role model for other incarcerated people. Jalil is a rehabilitated individual who poses no risk to the community. He will be appealing this very disappointing decision."(5)
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Held for 22 years in solitary confinement in 2016 former Black Panther Russell "Maroon" Shoatz won through a legal action against Pennsylvania's Department of Corrections his reprieve from continual solitary confinement, as well as $99,000; his case commenced in 1973 protested the prison's cruel and unusual punishment. The United Nations Special rapporteur on Torture Juan Mendez noted the conditions of Shoatz's imprisonment as outside a civilized norm.
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Dr. Mutulu Shakur (Jeral Wayne Williams) once of the Black Liberation Army (Black Panthers) was sentenced in 1988 to sixty years on RICO conspiracy charges and for bank robberies which involved deaths of guards and police. Led to believe he would be released Feb. 10, 2016 due to laws in force at the time, he wasn't released and was given a parole hearing for Dec.16, 2016, his 8th. Parole was denied. The government is suspected of psychologically tormenting the well-respected Dr. Shakur so that he might confess to masterminding the 1979 prison escape of Assata Shakur. In March 2018 Mutulu Shakur filed suit against the federal government for his release alleging violation of his First Amendment Rights (principally his free speech) by the Parole Board as the reason for denying his release. (6)
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Arrested in April 1985, according to Wikipedia Thomas William Manning is expected to complete his current prison term in 2020, at which point he is to begin his next prison term of 80 years for another set of charges including the murder of a New Jersey police officer. Manning was convicted of shooting back after the officer emptied his gun at Manning and his group of families. The inhumanity of the sentencing was always intended to render the prisoner without hope. Attempts to trash and humiliate Tom Manning, American, a Vietnam veteran, and each of the Ohio Seven ("United Freedom Front", "Sam Melville Brigade") suggests the bitter hostility of the system to white working class people if they assert both socialism and a brotherhood of black and white. In prison Manning has held to uncompromised anti-racist, American truths strongly, constantly, with hope, paintings and words. In 2006 a show of his artwork was canceled by a timorous University of Maine. (7)
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Jaan Laaman, also of the "Ohio Seven" ("United Freedom Front", "Sam Melville Brigade"), is serving a 53 year prison term, following a 45 year prison term. Both by court action and example he has become known as an advocate for rights of freedom of expression for prisoners, in 1977 winning his State Supreme Court case against the New Hampshire State Prison to receive his reading materials which is said to have opened prisoner education programs through New Hampshire. He is a founder of the website 4strugglemag.org, an outlet for prison writing. On March 21, 2017, he was placed in solitary confinement for violating communications protocols (issuing of statements which apparently the prison system did not favour). He's also threatened with transfer to a CMU (Communications Management Unit) to completely segregate his communications from the outside world.(8)
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