0:00:00.000,0:00:07.418 RC3-Music 0:00:07.418,0:00:14.560 Herald: So here with us, Stefania Maurizi[br]from Il Fatto Quotidian, she's an 0:00:14.560,0:00:19.120 investigative journalist, and Nils Melzer,[br]who's the UN special rapporteur on 0:00:19.120,0:00:26.640 torture, and they are here tonight to[br]dissect the Julian Assange and WikiLeaks 0:00:26.640,0:00:32.290 case. And so, the stage is yours. 0:00:32.290,0:00:36.880 Nils Melzer: Yes, thank you.[br]Stefania Maurizi: Absolutely, we are very 0:00:36.880,0:00:42.720 lucky to have the UN special rapporteur on[br]torture Nils Melzer tonight, so we have 0:00:43.360,0:00:48.080 many questions that I expect. Question for[br]you, and I hope you will have many 0:00:48.080,0:00:53.760 questions for us as well. So let's start[br]Nils, about this case because I suppose 0:00:53.760,0:01:00.480 you have hundreds of cases every year. And[br]why do you focus on these with many cases 0:01:00.480,0:01:08.560 dealt with serious torture and all sorts[br]of serious human rights violations? 0:01:09.280,0:01:12.880 Nils: Well, thanks Stefania, for the[br]question because I think that's what many 0:01:12.880,0:01:17.520 people ask themselves. You know, how are[br]you focusing on a person who's locked up 0:01:17.520,0:01:21.920 or was locked up at the time in an embassy[br]with a cat and a skateboard? How can it be 0:01:21.920,0:01:26.800 torture, right? And to be honest with you,[br]that's what I thought, in the beginning 0:01:26.800,0:01:33.040 because you're right, I received 10 to 15[br]requests of individuals, either by the 0:01:33.040,0:01:38.080 victims themselves, that have been[br]tortured, or are exposed to the risk of 0:01:38.080,0:01:43.520 torture, or their lawyers or family[br]members or NGOs. So, I get about 15 cases 0:01:43.520,0:01:49.440 per day on my desk and I can do maybe one.[br]So, I really have to choose quite quickly. 0:01:49.440,0:01:55.680 And I remember I was writing up a report[br]for the United Nations in December 2018, 0:01:55.680,0:02:01.520 so that I would have been actually three[br]years ago, and I had this little message 0:02:01.520,0:02:05.280 coming up on my screen saying Julian[br]Assange's lawyers are asking for your 0:02:05.280,0:02:13.920 protection. And I immediately have this[br]emotional reaction of, Oh no, not this 0:02:13.920,0:02:20.560 one. Isn't this, this hacker and rapist[br]and, you know, traitor? And I'm not going 0:02:20.560,0:02:25.680 to be manipulated by this guy. And so, I[br]swept it off my screen and I continued 0:02:25.680,0:02:32.480 working on my report, and it took me three[br]months until I, actually ... I got 0:02:32.480,0:02:36.560 contacted again by his lawyers in March[br]2019, about the month before he was 0:02:36.560,0:02:40.800 expelled from the embassy. And they sent[br]me some medical reports from an 0:02:40.800,0:02:47.120 independent doctor, a US doctor, who was[br]specialized in examining torture victims, 0:02:47.120,0:02:51.680 who had visited Guantánamo and so on, and[br]she had visited him in the embassy, not as 0:02:51.680,0:02:56.720 an Assange activist at all. And she and[br]she came to the conclusion, in that 0:02:56.720,0:03:01.120 medical opinion, that the Convention[br]against Torture was being violated, that 0:03:01.120,0:03:05.280 his living conditions were inhumane. And I[br]thought that if a person like this comes 0:03:05.280,0:03:09.550 to that conclusion, I probably better have[br]a look at this case and feel 0:03:09.550,0:03:14.640 Stefania: sorry for you. Let's name her[br]because she's very authoritative. 0:03:16.320,0:03:20.640 Nils: Yeah, it is Dr. Sandra Crosby is her[br]name. So, she's one of the first doctors 0:03:20.640,0:03:26.880 ... independent doctors ... who visited[br]Guantánamo and really someone who is very 0:03:26.880,0:03:33.680 highly regarded, and impartial. So, I[br]looked at this, but I also received some 0:03:33.680,0:03:38.720 other evidence. And you know, Stefania,[br]you have a very important role in making 0:03:38.720,0:03:43.120 that available through your Freedom of[br]Information litigation, where you received 0:03:43.120,0:03:47.600 the release of some of the email[br]correspondence between the Swedish 0:03:47.600,0:03:53.520 Prosecution Service and the UK Prosecution[br]Service. Because at the base of the 0:03:53.520,0:03:58.000 Assange case in the beginning was these[br]allegations of rape in Sweden and so on. 0:03:58.560,0:04:06.480 And this correspondence really cast some[br]doubt on the legitimacy of this 0:04:06.480,0:04:10.880 prosecution, which I had never doubted[br]before. And so, I started realizing 0:04:10.880,0:04:15.840 that I had a lot of prejudice against[br]Assange, but I didn't really know what the 0:04:15.840,0:04:22.000 evidence was. And the more I looked into[br]this case, the more I saw that it doesn't 0:04:22.000,0:04:26.720 hold up. There is really no evidence for[br]this narrative. And I decided, well, I 0:04:26.720,0:04:30.880 think there's something wrong here. I[br]can't rely on the governments. I can't 0:04:30.880,0:04:36.880 rely on what I find on the internet, just[br]like this. And so, I really have to go and 0:04:36.880,0:04:44.080 look at this case myself and have decided[br]to visit Julian Assange in London. I asked 0:04:44.080,0:04:48.000 for permission to visit him in the[br]embassy. And as soon as I asked for 0:04:48.000,0:04:53.200 permission three days later they expel[br]him, I might have sped it up. Also, I 0:04:53.200,0:04:58.160 fear, although we know today that this[br]expulsion had been planned for months 0:04:58.160,0:05:03.200 before, but all of a sudden, everything[br]went really, really fast. They expelled 0:05:03.200,0:05:07.680 him, and he was arrested by the British[br]and put in a high security prison in 0:05:07.680,0:05:11.520 Belmarsh in London, where I visited him[br]about three weeks ... four weeks later on 0:05:11.520,0:05:17.840 the 9th of May 2019 with two specialized[br]doctors. I didn't expect to find torture, 0:05:17.840,0:05:22.880 to be quite honest with you. I expected to[br]find a man who is, you know, a bit 0:05:22.880,0:05:27.840 stressed, who is in bad health because[br]he's been in a room in the embassy for six 0:05:27.840,0:05:33.360 years and more. And that, he needed some[br]medical treatments. I would make some 0:05:33.360,0:05:38.160 recommendations, and I was sure we are in[br]Britain now. You know, he's in British 0:05:38.160,0:05:42.080 hands. This is a rule of law country.[br]There's going to be due-process. They're 0:05:42.080,0:05:48.480 not going to extradite him to the US, and[br]it's fine. But then what I realized is how 0:05:48.480,0:05:55.520 the authorities reacted to my comments and[br]to my requests is that they didn't want to 0:05:55.520,0:06:00.880 engage in a discussion on this case. They[br]didn't want to listen to my assessment. 0:06:00.880,0:06:06.880 And both of the doctors that I took with[br]me are very specialized people. One is the 0:06:06.880,0:06:11.280 psychiatrist, the other is the former[br]president of the World Forensic Society. I 0:06:11.280,0:06:16.000 mean, he is a very established forensic[br]doctor. They've been examining torture 0:06:16.000,0:06:20.560 victims for 30 years, and both of them,[br]independently from each other, came to the 0:06:20.560,0:06:25.680 conclusion that Julian Assange showed all[br]the symptoms that are typical for a victim 0:06:25.680,0:06:31.360 of psychological torture and psychological[br]torture is not some kind of a light form 0:06:31.360,0:06:36.480 of torture. It is really extremely grave[br]destabilization of the identity through 0:06:36.480,0:06:42.240 isolation, constant threat, constant[br]stress, constant also confusion through 0:06:42.240,0:06:47.440 arbitrariness and the defamation,[br]humiliation. All these elements together 0:06:48.000,0:06:54.880 are deliberately employed to destroy a[br]person's stability and identity, and we 0:06:54.880,0:07:01.600 could actually measure neurological damage[br]on Julian Assange already and cognitive 0:07:01.600,0:07:06.400 impairments that would, due to that[br]constant stress and harassment that he was 0:07:06.400,0:07:11.040 exposed to in the embassy already and has[br]been exposed to since then. So, we came to 0:07:11.040,0:07:14.560 a clear assessment. This person has been[br]tortured, and when I confronted the 0:07:14.560,0:07:19.760 authorities with this, they basically shut[br]down. They didn't want to engage with me 0:07:19.760,0:07:24.720 in a discussion. And the same happened[br]with Sweden because Sweden had contributed 0:07:24.720,0:07:32.160 to this, and Ecuador and the US, all of[br]these countries basically refused to 0:07:32.160,0:07:37.680 engage in a dialog with me on this. And[br]now I have to point out I'm mandated by 0:07:37.680,0:07:43.680 states. I mean, I am the UN special[br]rapporteur on torture. I'm not an NGO 0:07:43.680,0:07:48.320 person. I'm not an activist, I am not a[br]journalist, and I am not belittling that. 0:07:48.320,0:07:52.240 I think that all of this is very[br]important. But when you talk to states, as 0:07:52.240,0:07:58.400 someone who's been appointed by states to[br]do exactly that, to transmit allegations 0:07:58.400,0:08:02.400 of torture to them, you would expect them[br]to at least engage in a dialog. But they 0:08:02.400,0:08:07.760 refused. And when I saw that, I was sure[br]now something's wrong here, and I started 0:08:07.760,0:08:13.920 really investigating this case. I looked[br]deeply into the Swedish case. I looked 0:08:13.920,0:08:22.960 into the US case, where we saw that the[br]US is accusing Assange of espionage. And 0:08:22.960,0:08:27.760 I really started digging into this case.[br]And the more I did, the more dirt came 0:08:27.760,0:08:33.200 out, and not on the side of Assange, but[br]on the side of the governments. And that's 0:08:33.200,0:08:37.120 really a long answer to your first[br]question, why did I take on this case? 0:08:37.120,0:08:44.320 Because I felt well, if we have a case of[br]torture in a rule-of-law, western 0:08:44.320,0:08:52.480 democracy like Sweden and Britain, and as[br]the United Nations rapporteur, I cannot if 0:08:52.480,0:08:56.080 I have evidence for this, and I went there[br]with two specialized doctors to look at 0:08:56.080,0:09:02.480 this. I mean, it's consolidated. I, you[br]know, by law they have an obligation now 0:09:02.480,0:09:07.040 to investigate this and to, you know, to[br]compensate him and prosecute those who are 0:09:07.040,0:09:12.320 culpable and so on. There is no[br]discussion. But if democracies can afford 0:09:13.200,0:09:20.400 to simply ignore this, well, what does[br]this mean for our society? And that was 0:09:20.400,0:09:25.200 the first thing. And the second thought[br]was, and by the way, what does this mean 0:09:25.200,0:09:29.600 for press freedom? You know, what does[br]this mean And I've never been a press 0:09:29.600,0:09:36.240 freedom specialist. But, I thought, well,[br]here we have a person who is being 0:09:36.240,0:09:42.320 persecuted for the fact that he has[br]disclosed, not even stolen, but he's 0:09:42.320,0:09:51.360 received and disclosed, published true[br]information that proved serious crimes for 0:09:51.360,0:09:58.160 government officials, torture, murder, I[br]mean, horrible stuff. I mean, very serious 0:09:58.160,0:10:03.680 crimes. If this becomes a crime, to bring[br]the evidence for other crimes, and we see 0:10:03.680,0:10:09.520 that those criminals are not being[br]prosecuted. But the witness, basically, 0:10:09.520,0:10:14.303 who informs the public, is being[br]prosecuted and threatened with one hundred 0:10:14.303,0:10:18.320 and seventy-five years in prison. What[br]does this mean for people like you, 0:10:18.320,0:10:23.360 Stefania? You know, who are the[br]investigative journalists, and if people 0:10:23.360,0:10:28.640 like you no longer can work... What does[br]this mean for all the rest of us in 0:10:28.640,0:10:34.480 society? What does it mean? Do we have a[br]right to know what the governments are 0:10:34.480,0:10:39.920 doing with the power that we give to them[br]in a democracy, with the tax money we pay 0:10:39.920,0:10:45.520 to them? Or does it become a crime if we[br]ask the wrong questions? I mean, this is 0:10:45.520,0:10:50.560 really, that's why this is so important.[br]Assange isn't as important as any other 0:10:50.560,0:10:57.360 victim of torture. You know, they're all[br]the same. But the case is a precedent case 0:10:57.360,0:11:02.640 that is of enormous importance for the[br]functionality of democracy and the rule of 0:11:02.640,0:11:08.000 law.[br]Stefania: Absolutely. Absolutely. You have 0:11:08.000,0:11:14.480 a book which is coming out in February and[br]during the investigation on the case, I 0:11:14.480,0:11:20.560 was really impressed by the chapter on[br]collateral murder, your analysis of the 0:11:21.840,0:11:28.160 brutal attack on civilians. And you[br]analyze it from your point of view as an 0:11:28.160,0:11:36.320 expert on human rights law. I would like[br]to ask you to do a quick analysis for our 0:11:37.280,0:11:44.640 public, to explain where the war crimes[br]are involved. What are your conclusions 0:11:44.640,0:11:47.983 and so on.[br]Nils: Right? OK, I'll quickly show the 0:11:47.983,0:11:54.042 book just so people can see it. So, it[br]comes out in February, and it's true that, 0:11:54.042,0:11:59.754 you know, in the beginning, I explain my[br]own role, obviously the role of WikiLeaks. 0:11:59.754,0:12:05.978 But this collateral murder video was a[br]very important publication. The first big 0:12:05.978,0:12:13.406 publication of WikiLeaks is this video,[br]that was recorded by an attack helicopter 0:12:13.406,0:12:22.737 in Iraq, a US attack helicopter. It's a[br]standard, you know, a tele-lens camera, 0:12:22.737,0:12:29.257 and it shows how... How those helicopters[br]are circling over Baghdad, and we see 0:12:29.257,0:12:35.364 people walking in the streets, and then[br]you can hear the radio communication, and 0:12:35.364,0:12:41.305 the helicopters basically report that we[br]have, you know, several people with 0:12:41.305,0:12:47.400 AK-47s, which is a form of an automatic[br]rifle, a Kalashnikov. And they ask for 0:12:47.400,0:12:53.953 permission to fire and then put on the[br]image. We cannot see armed people, really. 0:12:53.953,0:12:59.917 In the beginning, to admit the truth, we[br]can see two people in a group of about 20 0:12:59.917,0:13:05.051 who might be carrying a weapon. But then[br]also, we have to know that at the time, in 0:13:05.051,0:13:10.840 2007, when this was recorded in Iraq, in[br]Baghdad, the US occupying forces had 0:13:10.840,0:13:17.278 authorized the Iraqi population to own[br]kalashnikovs and to carry them, you know, 0:13:17.278,0:13:22.224 to keep them at home, especially to[br]protect themselves from the looting. 0:13:22.224,0:13:27.481 Because when after the invasion of the[br]British and the US, the rule of law broke 0:13:27.481,0:13:32.484 down in Iraq, and they needed people to be[br]able to defend themselves. So, they were 0:13:32.484,0:13:36.277 actually allowed to carry that type of[br]weapon. And so, they (the helicopter gun- 0:13:36.277,0:13:41.557 ship) received permission to fire. And[br]then what we can see is that a group of 0:13:41.557,0:13:47.617 about 10 people is just being massacred.[br]They are in civilian clothing, they are 0:13:47.617,0:13:52.781 walking relaxed on the street. So, they're[br]clearly not preparing any attack or 0:13:52.781,0:13:57.212 something. We know that there is some,[br]some US soldiers from the of radio 0:13:57.212,0:14:01.820 communication. We can tell that there is[br]some US soldiers on the ground somewhere 0:14:01.820,0:14:08.780 close to there, but nobody is preparing an[br]attack. You know, and so we see how these 0:14:08.780,0:14:14.434 10 people are being massacred. And then we[br]hear those nasty comments by soldiers 0:14:14.434,0:14:19.539 like, you know, "good shooting" and "you[br]see these bloody bastards" and these types 0:14:19.539,0:14:28.360 of remarks. But the most troubling thing[br]is that then we have the helicopter makes 0:14:28.360,0:14:33.612 a couple of circles, and they report what[br]they see on the ground, all the dead 0:14:33.612,0:14:37.810 bodies and then some of the wounded people[br]who are crawling around and from the 0:14:37.810,0:14:42.922 conversations, we understand that the[br]soldiers know that it's prohibited to 0:14:42.922,0:14:48.980 attack wounded people. And I want to, you[br]know, I've been a law of armed conflict 0:14:48.980,0:14:53.290 expert on the use of force for the[br]International Committee of the Red Cross. 0:14:53.290,0:14:58.128 I've been teaching this at university[br]level for more than 10 years.I have 0:14:58.128,0:15:05.069 analyzed hundreds of combat operations as[br]an expert. So, I can easily see that these 0:15:05.069,0:15:10.352 soldiers are aware that they cannot[br]lawfully attack those wounded people and 0:15:10.352,0:15:15.447 that also in the law of war, you cannot[br]attack people who rescue the wounded as 0:15:15.447,0:15:20.175 long as they're not fighting themselves.[br]And then we see a minibus coming with 0:15:20.175,0:15:25.505 civilians trying to rescue this man. And[br]this man we're talking about is a wounded 0:15:25.505,0:15:29.760 journalist, is a Reuters journalist, who[br]was wounded in that attack. And the 0:15:29.760,0:15:34.320 soldiers, the US soldiers asked for[br]permission to fire on these people, and 0:15:34.320,0:15:41.229 they received permission. And then they[br]basically. You know, massacre, the wounded 0:15:41.229,0:15:49.692 person and the rescuers with the machine[br]gun and there is even in the minibus, the 0:15:49.692,0:15:55.100 two children of the driver that are[br]gravely wounded. So, I mean, all of this, 0:15:55.100,0:15:59.888 this is a clear war crime. When you[br]deliberately attack a wounded person who's 0:15:59.888,0:16:05.512 no longer participating in fighting or[br]rescue personnel, that's only trying to 0:16:05.512,0:16:12.477 rescue someone, that is, without any[br]question, a war crime. In the first scene, 0:16:12.477,0:16:18.529 I think we have to be fair that these[br]helicopters are circling at about one and 0:16:18.529,0:16:24.312 a half miles distance. The video we see is[br]recorded by a tele-objective lens. So, the 0:16:24.312,0:16:28.951 soldiers are not that close. When they[br]look out of the window, they cannot see 0:16:28.951,0:16:33.214 any details. It is too far away. So, they[br]have to rely exclusively on that picture. 0:16:33.214,0:16:37.651 And you also have to be fair that they can[br]see this picture only once in real time, 0:16:37.651,0:16:42.765 and they have to decide immediately. They[br]cannot, like us, rewind it 100 times and 0:16:42.765,0:16:49.205 watch it again from the armchair. So, all[br]of this being said, though, you know the 0:16:49.205,0:16:55.578 first attack, I think in the best case,[br]it's a very sloppy mistake. And I don't, 0:16:55.578,0:17:00.335 you know, I think it's already this[br]crosses the line to a war crime, but this 0:17:00.335,0:17:04.868 would be for a court to decide. But the[br]second attack, where they attack a clearly 0:17:04.868,0:17:10.790 wounded person and from the conversations[br]we know that the soldiers know that, you 0:17:10.790,0:17:16.514 know, they say, OK, he's wounded, and then[br]they're saying, you know, someone is 0:17:16.514,0:17:21.075 coming to pick them up and picking up the[br]weapons can we fire? The law of war is 0:17:21.075,0:17:27.244 very clear. This is absolutely prohibited[br]and what happened there is a clear war 0:17:27.244,0:17:34.636 crime and the scandal is that everybody[br]knows that the soldiers knew that. I mean, 0:17:34.636,0:17:40.796 the Department of Defense in the US knew[br]that, the US government knew that, the 0:17:40.796,0:17:47.003 public knows it. I mean, it's obvious when[br]you watched the film, but it's, and we 0:17:47.003,0:17:52.127 have video evidence, ... but nobody has[br]ever been prosecuted for that. That's the 0:17:52.127,0:17:57.399 first scandal. The second scandal..[br]Stefania: Let me help you. Why no one has 0:17:57.399,0:18:03.878 prosecuted. Why there was no International[br]Criminal Court investigation. Nothing. 0:18:03.878,0:18:09.255 Nils: Well because, the US is not party to[br]the ICC treaty. Of course, they have not, 0:18:09.255,0:18:13.632 .... You know, they have made sure that no[br]one can prosecute them for war crimes. And 0:18:13.632,0:18:20.914 also now, legally, any country in the[br]world could, and not even could, but would 0:18:20.914,0:18:25.751 have to prosecute these people as soon as[br]they are on their territory because war 0:18:25.751,0:18:30.196 crimes are so-called universal[br]jurisdiction crimes, which means if I 0:18:30.196,0:18:35.310 commit a war crime anywhere in the world,[br]no matter what nationality I am, no matter 0:18:35.310,0:18:40.680 where I am, the country where I am has to[br]arrest me and to prosecute me or to 0:18:40.680,0:18:44.216 extradite me to a country that will[br]prosecute me. That's what the Geneva 0:18:44.216,0:18:47.990 Conventions say. That's what the[br]International Criminal Law says and not 0:18:47.990,0:18:53.933 only the ICC treaty, but actually even the[br]Geneva Conventions that the US has 0:18:53.933,0:19:01.958 ratified. So, but what the reason is clear[br]is a political reason because no one dares 0:19:01.958,0:19:06.773 to prosecute a US soldier. If the US[br]doesn't do it. Now, to me, the most 0:19:06.773,0:19:12.480 troubling thing is that the US doesn't[br]do it because it's in their interest to 0:19:12.480,0:19:19.809 prosecute people who violate the law of[br]war. Because we know that the discipline 0:19:19.809,0:19:26.920 in an army diminishes very quickly when[br]you tolerate people committing war crimes. 0:19:26.920,0:19:32.507 And so, it's very, very important for, and[br]even for just the hygiene of the armed 0:19:32.507,0:19:36.882 forces, that they prosecute these things.[br]Now, not to say, you know, that the 0:19:36.882,0:19:41.056 humanitarian reasons and the human rights[br]of these people who have been murdered and 0:19:41.056,0:19:45.524 their families that don't receive[br]compensation, and then it also means that 0:19:45.524,0:19:51.210 these types of operations proliferate. You[br]know, if you don't stop it like this, this 0:19:51.210,0:19:56.374 becomes the normal modus operandi. And[br]that's exactly what many veterans of the 0:19:56.374,0:20:00.975 Iraq War have said, that this is not[br]collateral. Murder is not an exception. 0:20:00.975,0:20:06.814 This was the standard procedure. This[br]happened every day, in that period. And 0:20:06.814,0:20:13.422 so, that's really a major scandal. But you[br]know, the second thing I want to say is 0:20:13.422,0:20:18.323 the even bigger scandal is some people are[br]being prosecuted. And that's the 0:20:18.323,0:20:24.766 whistleblower that actually leaked this[br]information and the journalists who 0:20:24.766,0:20:33.597 published it. So, that is really turning[br]the world of justice upside down when 0:20:33.597,0:20:40.400 murderers are walking free and the[br]witness, you know, who witnessed the 0:20:40.400,0:20:48.480 murder or brings the (...). He would get[br]one hundred and seventy-five years in 0:20:48.480,0:20:53.520 prison. That's enormous. That's a bit, ...[br]that's more than any war criminal in The 0:20:53.520,0:20:58.640 Hague has ever received. That's what we're[br]looking at, and, you know, when you were 0:20:58.640,0:21:05.360 asking, well, you know what, what is[br]Assange actually being accused of? When 0:21:05.360,0:21:10.800 you look at the indictment, it's all about[br]receiving this type of information and 0:21:10.800,0:21:15.040 publishing this type of information.[br]That's what I mean, you tell me, but 0:21:15.040,0:21:17.672 that's what an investigative journalist[br]does. No? 0:21:18.000,0:21:23.040 Stefania: Politically, absolutely. This is[br]what we do on a regular, ... on a daily 0:21:23.040,0:21:28.000 basis.[br]Nils: Yeah. And so now, if I ask you an 0:21:28.000,0:21:35.360 honest question, Stefania, if I gave you[br]today a USB stick with "Collateral Murder 0:21:35.360,0:21:45.120 Video #2", and another 250,000 diplomatic[br]cables, would you publish them? I mean, 10 0:21:45.120,0:21:48.560 years ago, you probably would have.[br]Because at the time, even the New York 0:21:48.560,0:21:53.920 Times, The Guardian and the Spiegel and Le[br]Monde and everybody, you know, wanted to 0:21:53.920,0:22:00.240 co-publish this together with Assange. But[br]today? They're not even, they're not even 0:22:00.240,0:22:06.320 really reporting on what's happening here.[br]And, you know, if I ask you, do you feel 0:22:06.320,0:22:11.440 intimidated by what's happening to[br]Assange? Would you feel comfortable 0:22:11.440,0:22:16.960 publishing these things today?[br]Stefania: I do feel really intimidated. 0:22:16.960,0:22:20.560 Nils: Yeah,[br]Stefania: I think I would approach this 0:22:20.560,0:22:23.464 with serious, serious concern, ...[br]Nils: Yup, 0:22:23.464,0:22:28.000 Stefania: of not being protected by[br]anything at the end of the day because I 0:22:28.000,0:22:33.680 have seen, in the last 13 years which I[br]have been covering and together in this 0:22:33.680,0:22:38.720 case, that Julian Assange and the[br]WikiLeaks journalists have tried 0:22:38.720,0:22:45.280 everything. They have tried to use the[br]laws. They have tried to ask for asylum. 0:22:45.280,0:22:52.080 They have tried to look for protection by[br]the media community. They have tried 0:22:52.080,0:22:57.120 everything. And with the exception of the[br]UN authorities, the U.N. Special 0:22:57.120,0:23:03.280 Rapporteur on Torture and the UN Working[br]Group on Arbitrary Detention, they have 0:23:03.280,0:23:07.840 received no protection whatsoever. So, I[br]would be terrified, honestly. 0:23:07.840,0:23:14.800 Nils: Yes. And I think this is the type of[br]question we have to ask ourselves. It's 0:23:14.800,0:23:20.880 not about will Assange be extradited or[br]not. Yes, it's important, but it's already 0:23:20.880,0:23:27.760 working. You see, the example has already[br]been set for the last 10 years. This man 0:23:27.760,0:23:34.080 has not been free. He's been on the run[br]from a country that's accusing him for 0:23:34.080,0:23:39.040 telling the truth about its crimes. That's[br]really what's happening here because 0:23:39.040,0:23:44.560 nothing else that he's accused of has been[br]proven and that they've tried hard. 0:23:44.560,0:23:49.440 They've invested millions in trying to[br]create the narrative. But everything else 0:23:49.440,0:23:55.920 from rape to hacking to, you know,[br]treason, all these things. There's not 0:23:55.920,0:24:01.760 that there's no proof whatsoever. So, all[br]of this is constructed to push him into a 0:24:01.760,0:24:07.200 corner, but also to intimidate people like[br]you. And I think that's that's what we 0:24:07.200,0:24:12.240 have to understand. That's the effect of[br]this. Yes, it's on Assange and his health 0:24:12.240,0:24:18.320 and his person, and that's important for[br]the individual. But my point of this being 0:24:18.320,0:24:23.040 a general, in the case of general[br]importance, is proven by your reaction. 0:24:23.040,0:24:27.360 And you, I know, are one of the more[br]courageous investigative journalists, and 0:24:27.360,0:24:33.280 you've been fighting, you know, the[br]secrecy for very long through your FOIA 0:24:33.280,0:24:38.800 litigation that has been so valuable in[br]producing, you know, evidence. And we know 0:24:38.800,0:24:44.000 that, you know, a lot of key evidence is[br]still being kept secret by these states. 0:24:44.000,0:24:51.040 And so, that's what we're risking to lose,[br]this access to the truth that is so 0:24:51.040,0:24:57.840 essential for democracy.[br]Stefania: Absolutely. Definitely. You 0:24:57.840,0:25:05.760 know, we know that is precisely what they[br]want, and that's why we had to fight hard 0:25:05.760,0:25:14.880 because it's about the society we want in[br]the free allowed to go out to the .... If 0:25:14.880,0:25:21.280 we allowed them to go ahead with this[br]persecution, with this extradition, they 0:25:21.280,0:25:27.760 will .... It will be the end of the press[br]freedom ..., it would be the end of 0:25:27.760,0:25:33.120 investigative journalism and the right of[br]the public to know. it's not just about 0:25:33.120,0:25:38.960 us, it's not just about the investigative[br]journalism. It's about the public's right 0:25:38.960,0:25:43.280 to know. I mean, Nils: And I think it's[br]important, you know, I know, that to many 0:25:43.280,0:25:47.840 people, this might sound alarmist. You[br]know, oh, this is exaggerated. Oh, come 0:25:47.840,0:25:51.040 on, this is just Assange, and he's going[br]to be prosecuted and everything's going to 0:25:51.040,0:25:58.560 be fine. No, you know, when you look in[br]history, that's exactly how powerful 0:25:58.560,0:26:04.240 states have behaved and dictators, and you[br]know, for creating dictatorships. You 0:26:04.240,0:26:12.560 know, you take someone, and you destroy[br]their reputation. You accuse them of, you 0:26:12.560,0:26:17.760 know, stupid things and or even serious[br]crimes, you know, but they cannot be 0:26:17.760,0:26:23.360 proven. And you destroy their reputation.[br]And then when the whole public is 0:26:23.360,0:26:28.400 convinced that, you know, this is a bad[br]guy. Then you set an example with "him". 0:26:29.440,0:26:34.640 On press freedom, but nobody cares about[br]"him" because I think it's just him and 0:26:34.640,0:26:40.000 nobody likes him because his reputation[br]has been destroyed. But the problem is the 0:26:40.000,0:26:44.640 precedent case can be applied to anybody,[br]afterwards. And that's exactly what 0:26:44.640,0:26:49.200 they're trying to do. And I think it's[br]very, very important that we are aware of 0:26:49.200,0:26:55.280 this. It's not whether you like or dislike[br]Assange, it's whether you like or dislike 0:26:56.160,0:27:01.760 the rights that he has and that you have[br]and that everybody else has, which is the 0:27:01.760,0:27:05.760 right of freedom of expression. And that's[br]not just the freedom of expression is not 0:27:05.760,0:27:10.960 just the right to say anything you want[br]and think anything you want, but also to 0:27:10.960,0:27:16.400 receive that information that the public[br]has the rights under the freedom of 0:27:16.400,0:27:23.200 expression, to hear and to read, and to[br]see the evidence of government misconduct. 0:27:23.840,0:27:27.520 And that's what they're trying to[br]suppress. Now, if you say this is a 0:27:27.520,0:27:34.400 conspiracy theory, look, it's very[br]obvious, the torture, the murder of 0:27:34.400,0:27:39.920 civilians, of journalists or collateral[br]murder and other documents has been 0:27:39.920,0:27:44.400 proven. It's not something that the[br]government has said is not true. No, they 0:27:44.400,0:27:48.880 have never, .... They have never claimed[br]that anything is not true that WikiLeaks 0:27:48.880,0:27:57.440 has proven. So, actually by law, those[br]officials have to be prosecuted, and they 0:27:57.440,0:28:03.600 should spend, you know, many years in[br]prison. Some of them. So, but they will 0:28:03.600,0:28:09.840 say, but I received orders from up, and it[br]goes higher up the chain of responsibility 0:28:09.840,0:28:16.240 doesn't end in the attack helicopter. It[br]ends somewhere in a government building, 0:28:16.240,0:28:21.680 in a nice little office with or a big[br]office, rather with thick carpets. And 0:28:21.680,0:28:26.080 that's what they're afraid of because the[br]commander is responsible for this. So, 0:28:26.080,0:28:29.920 that's why they cut this, and they[br]intimidate everybody, and they 0:28:29.920,0:28:35.120 criminalize. It's basically it's a re-[br]classified information, and if you publish 0:28:35.120,0:28:40.880 it, you will be punished and re-classified[br]for reasons of national security. But 0:28:40.880,0:28:45.520 that's not true. They're classifying it[br]for their own impunity. That's what they 0:28:45.520,0:28:51.040 want to protect. And it's natural. You[br]know, if you accuse someone of murder in 0:28:51.040,0:28:56.640 court, and you allow him to classify all[br]the evidence against him and to make it a 0:28:56.640,0:29:02.240 crime to disclose it, he will do it, for[br]sure. So let's be realistic, you know, 0:29:02.240,0:29:05.920 governments are not good or bad. They're[br]just normal human beings. And if they make 0:29:05.920,0:29:10.160 a mistake, they want to cover it up like[br]everybody else. So, that's the natural 0:29:10.160,0:29:16.880 behavior. That's why we really have to[br]insist on transparency for the powerful. 0:29:16.880,0:29:24.080 You know, we have to insist on oversight[br]on the separation of power. We have to 0:29:24.080,0:29:29.760 insist that it be treated as a serious[br]crime to circumvent these checks and 0:29:29.760,0:29:36.800 balances because it threatens the very[br]core of our society, of our democracy and 0:29:36.800,0:29:43.680 of our civil liberties. And when you look[br]at the legal proceedings that Assange has 0:29:43.680,0:29:47.680 been exposed to, I'm not going to bore you[br]with a lot of legal technicalities, but 0:29:47.680,0:29:51.440 I've really investigated every single[br]legal proceeding from the Swedish 0:29:52.720,0:29:58.400 accusations or, you know, allegations of[br]sexual misconduct where I was able to read 0:29:58.400,0:30:03.280 original documents because I do speak[br]Swedish, and you know, luckily I had all 0:30:03.280,0:30:12.880 those documents that you also got to hand[br]on it through the FOIA litigation. And I 0:30:12.880,0:30:16.560 don't know what happened between Assange[br]and these women. But what I do know is 0:30:16.560,0:30:21.280 that the government in Sweden never cared[br]about that. They clearly from the 0:30:21.280,0:30:27.520 beginning wanted to create a rape[br]narrative and maintain it and to avoid, 0:30:27.520,0:30:34.320 you know, him getting a chance, a fair day[br]in court to actually deal with this. The 0:30:34.320,0:30:39.360 narrative that he evaded these accusations[br]that he was hiding in the embassy because 0:30:39.360,0:30:45.520 of the sexual allegations is false. He[br]offered to come to Sweden. He wanted to 0:30:45.520,0:30:49.840 testify in this case, but he was afraid[br]that the Swedish would send him to the 0:30:49.840,0:30:55.200 US without a legal proceeding, as they[br]had done with other people before. And he 0:30:55.200,0:30:58.480 just wanted guarantees from them, and the[br]Swedish didn't want to give those 0:30:58.480,0:31:03.840 guarantees, which is really something that[br]I can tell from international experience. 0:31:04.400,0:31:08.800 That's a warning. If the country doesn't[br]want to give you those guarantees, you 0:31:08.800,0:31:11.340 better not go there.[br]Stefania: Yeah, 0:31:11.340,0:31:17.360 Nils: He was right not to go. And they[br]really abused those legal institutions to 0:31:17.360,0:31:23.440 keep him in limbo, you know, suspected of[br]rape, but unable to defend himself. And 0:31:23.440,0:31:29.520 so, his reputation suffered because of[br]that. And then he continued, obviously 0:31:29.520,0:31:34.320 with, you know, the economic pressures on[br]Ecuador once they had a new president, 0:31:34.320,0:31:40.560 Moreno. The US put Ecuador under pressure,[br]and we have written evidence of Congress 0:31:40.560,0:31:44.768 writing to the president of Ecuador,[br]saying, Look, we would be happy to support 0:31:44.768,0:31:50.971 you economically and to, you know, to help[br]you bring up a country that the country's 0:31:50.971,0:31:57.055 situation, the economic situation to[br]financially support you. But there is one, 0:31:57.055,0:32:03.195 not several, there's one problem, and[br]that's the situation of Assange. And we 0:32:03.195,0:32:08.684 need him to be handed over, so we can[br]start helping you. So, that, ... we have a 0:32:08.684,0:32:16.480 letter of October 2018 of US Congress to[br]President Moreno. And from then on, it was 0:32:16.480,0:32:22.751 clear and Moreno was working together with[br]the British and the US to expel him from 0:32:22.751,0:32:28.654 the embassy. So, that was done without any[br]rule of law proceeding. You know, he had 0:32:28.654,0:32:33.603 official asylum, and it was just taken[br]from him along with his nationality. He 0:32:33.603,0:32:39.339 had no right to access a court to have a[br]lawyer defending him. It was just from one 0:32:39.339,0:32:44.520 hour to the other. He was expelled, and[br]the UK behaved just the same way. When you 0:32:44.520,0:32:49.617 think the UK is the quintessential rule of[br]law country, which I can, you know, this 0:32:49.617,0:32:56.428 was my conviction as a professor in the UK[br]university. And then you see that we have 0:32:56.428,0:33:02.908 a judge who is insulting him publicly in a[br]court hearing where Assange had said 0:33:02.908,0:33:07.464 nothing, except I plead not guilty. And[br]then we have another judge who's in charge 0:33:07.464,0:33:12.719 for the first couple of months for the[br]extradition procedure and her husband had 0:33:12.719,0:33:17.763 been exposed by WikiLeaks. I mean, it's[br]there's a conflict of interest. It's just, 0:33:17.763,0:33:24.120 you know, even it's a perception of bias[br]that you cannot afford in a democracy. And 0:33:24.120,0:33:29.428 then we have, you know, him being put in a[br]high security prison. Although he's not 0:33:29.428,0:33:33.549 serving a sentence for two years, he's[br]been in Belmarsh. He's not serving a 0:33:33.549,0:33:38.729 sentence. He's just being held there in[br]extradition detention. And normally people 0:33:38.729,0:33:43.394 should be allowed to work and to be with[br]their family and maybe to have an ankle 0:33:43.394,0:33:48.063 bracelet. Or they think Assange's case[br]because he has sought asylum in the 0:33:48.063,0:33:51.904 Ecuadorian embassy before, maybe they put[br]him in house arrest like they did with 0:33:51.904,0:33:56.862 Pinochet. But you will never. There's no[br]legal basis to put someone in a high 0:33:56.862,0:34:02.070 security prison. They do this with him[br]because they want to silence him because 0:34:02.070,0:34:08.243 they want to intimidate you, journalists.[br]That's the reason. And you know, when you 0:34:08.243,0:34:12.580 see this happening...,[br]Stefania: Let me stop you and ask you 0:34:12.580,0:34:21.029 something very, very serious, like the CIA[br]attempt to kidnap or poisoning him, which 0:34:21.029,0:34:28.361 is, I mean, this received so little[br]consideration. If we, ... I mean, I was 0:34:28.361,0:34:35.407 really upset about realizing how lethal it[br]was, considering the legal process in the 0:34:35.407,0:34:38.040 UK.[br]Nils: Absolutely. We've had we've had 0:34:38.040,0:34:42.375 indicators before we thought that the[br]security company that was working for the 0:34:42.375,0:34:46.768 Ecuadorian Embassy to guard the Ecuadorian[br]Embassy, U.C. Global was actually behind 0:34:46.768,0:34:51.430 the back of the Ecuadorian government[br]cooperating with the CIA and, you know, 0:34:51.430,0:34:58.802 streaming video feeds from surveillance[br]cameras, from the embassy to the CIA 24-7. 0:34:58.802,0:35:06.112 But not only that, we also had indicators[br]before, former employees of that company 0:35:06.112,0:35:13.277 testifying in court that, you know, there[br]were assassination plans for, you know, 0:35:13.277,0:35:19.605 against Assange by the CIA. And this was[br]then confirmed also by this Yahoo 0:35:19.605,0:35:26.020 disclosure in September this year, where[br]more than 30 agents or former agents of 0:35:26.020,0:35:32.760 the CIA allegedly confirmed that there[br]were plans to kidnap or Assange to, you 0:35:32.760,0:35:38.925 know, disappear him into black sites or[br]even to assassinate him was considered at 0:35:38.925,0:35:46.160 least, but then found to be too dangerous.[br]But the plan was to poison him. Now, I 0:35:46.160,0:35:51.126 mean, I'll just take another case,[br]Navalny, right, that everybody knows, you 0:35:51.126,0:35:56.657 know, and says that, allegedly, the[br]Russian government tried to poison him. 0:35:56.657,0:36:01.950 Well, that's what we're talking about. But[br]you know, it's the same thing. It's just 0:36:01.950,0:36:07.200 that in Nawalny's case, and rightly so,[br]you know, everybody is is is protesting 0:36:07.200,0:36:12.844 and of the western governments are very[br]courageously, you know, imposing sanctions 0:36:12.844,0:36:18.400 and so on. But when the same thing is[br]being planned by the CIA against Assange, 0:36:18.400,0:36:24.842 nobody speaks out. And that's that's what[br]I found, this kind of hypocrisy that we 0:36:24.842,0:36:31.317 have in Western governments is just so[br]disappointing. It's scandalous because it 0:36:31.317,0:36:37.207 threatens the foundations of what our[br]societies are. And if someone has 0:36:37.207,0:36:41.566 committed a crime, yes, arrest and try[br]him, you know, bring the evidence or 0:36:41.566,0:36:45.648 acquit him. But that's that's the end of[br]the story. But they don't know what to 0:36:45.648,0:36:49.680 accuse him of because he hasn't committed[br]any crime. So, they invent these stupid 0:36:49.680,0:36:53.299 stories. You know, he's not feeding his[br]cat, and he's playing football in the 0:36:53.299,0:36:56.742 embassy and all these stupid headlines[br]that you see. I mean, the BBC, you know, I 0:36:56.742,0:37:01.433 mean, they're reporting on these types of[br]things, but they're they're not, you know, 0:37:01.433,0:37:06.107 considerate enough about their own[br]profession as journalists to report on 0:37:06.107,0:37:10.571 what's actually happening here, that this[br]is about criminalizing investigative 0:37:10.571,0:37:17.608 journalism. This should be really at the[br]heart of the mission of a BBC or a New 0:37:17.608,0:37:23.520 York Times to be very, very outspoken[br]about this. And I'm convinced that if the 0:37:23.520,0:37:28.622 mainstream media, the main outlets in the[br]Anglo-Saxon world, let's say the New York 0:37:28.622,0:37:35.705 Times, The Washington Post, The Guardian[br]and the BBC, if they together deliberately 0:37:35.705,0:37:43.158 launched an effort to condemn this[br]persecution on their front pages and the 0:37:43.158,0:37:49.399 main news hour, you know, for one week[br]straight. This would be finished because 0:37:49.399,0:37:55.338 the government has nothing in their hands[br]in terms of truth. All they can do is 0:37:55.338,0:38:00.065 orchestrate a secret trial in Alexandria,[br]an espionage court where they tape the 0:38:00.065,0:38:06.520 doors and lock the windows and nobody is[br]allowed to witness what's going on, and 0:38:06.520,0:38:11.290 then they condemn him for something and[br]sentence him to 175 years in prison. And 0:38:11.290,0:38:15.332 nobody, even the defense counsel, doesn't[br]have access to the evidence. I mean, 0:38:15.332,0:38:21.702 that's that's a show trial that's not a[br]rule of law proceeding. And I think the 0:38:21.702,0:38:25.470 societies in the West and around the[br]world, but they're talking about Western 0:38:25.470,0:38:32.119 democracies now. They deserve, you know,[br]governments and judiciaries that respect 0:38:32.119,0:38:39.372 those principles and respect the law. And[br]it's really very worrying. That's why I 0:38:39.372,0:38:46.285 put my whole professional weight and[br]personal credibility into this case 0:38:46.285,0:38:52.260 because I think this is about our rights,[br]it's about it's about the rights of our 0:38:52.260,0:38:57.947 children to know what their governments[br]are doing with the money and the power 0:38:57.947,0:39:03.453 that they give to the governments. And if[br]we allow it to become a crime to tell the 0:39:03.453,0:39:08.263 truth, we will be living in a tyranny[br]that's not exaggerated. 0:39:08.263,0:39:14.954 Stefania: Absolutely. I mean, we read this[br]about something we really care about. We 0:39:14.954,0:39:21.404 realized that this case is crucial, and we[br]cannot lose it. We absolutely don't want 0:39:21.404,0:39:28.425 to lose it. Nils, let me ask you one last[br]question, then we will ask for the public 0:39:28.425,0:39:35.847 asking question to ask. Well, this case is[br]about Julian Assange, of course, and it is 0:39:35.847,0:39:41.640 all about the WikiLeaks journalists[br]because they have at least (...), for now, 0:39:41.640,0:39:47.557 he's in prison, but they will be the next.[br]Let's mentioned Sarah Harrison, for 0:39:47.557,0:39:55.001 example, the former WikiLeaks section[br]editor, who flew to Hong Kong. (...) or 0:39:55.001,0:40:03.633 many, many others. Kristie Larson, Joseph[br]Farrell. I have the Freedom of Information 0:40:03.633,0:40:10.128 case in the UK, and it is about these[br]three WikiLeaks journalists former and 0:40:10.128,0:40:15.306 current WikiLeaks journalists. And[br]Scotland Yard, is doing whatever it can to 0:40:15.306,0:40:22.617 deny me access to these documents using[br]anti-terror laws again or for denying me 0:40:22.617,0:40:29.956 access to these documents. I have been[br]litigating this case about the WikiLeaks 0:40:29.956,0:40:35.351 journalists and Julian Assange for over[br]six years. So, what do you think is going 0:40:35.351,0:40:40.954 to happen in this case now? What's next?[br]Nils: Well, I think the first thing I want 0:40:40.954,0:40:46.300 is to finish this case. Set a precedent.[br]You know, with this man that most of the 0:40:46.300,0:40:51.265 public still somehow despises because they[br]have been deceived and poisoned by this 0:40:51.265,0:40:57.920 narrative that has been created about him.[br]But once this is done, clearly they will, 0:40:59.360,0:41:05.920 they will continue. This is not the end of[br]it. This is the beginning of a new era 0:41:05.920,0:41:11.200 where journalists will be prosecuted for[br]telling the truth about government 0:41:11.200,0:41:16.080 misconduct. Because then the precedent has[br]been set. And you know, it's very 0:41:16.080,0:41:22.400 important as we speak and as we observe[br]this case, all ready countries are 0:41:22.400,0:41:27.760 adapting their laws to this new future. We[br]see that in Australia, we see that in the 0:41:27.760,0:41:34.880 UK, where the Official Secrets Act is[br]being tightened. Basically, we see that, 0:41:34.880,0:41:39.520 well, the interpretation of the Espionage[br]Act in the US. Sweden has just passed a 0:41:39.520,0:41:47.360 law on foreign espionage where it becomes[br]a crime. Sweden used to be the safe haven 0:41:47.360,0:41:51.280 of press freedom, which is why Julian[br]Assange was in Sweden in the first place, 0:41:51.280,0:41:56.080 In 2010. We wanted to establish WikiLeaks[br]there because it was the safe haven for 0:41:56.080,0:42:03.040 press freedom. Sweden has passed a law[br]just two months ago by which from January 0:42:03.920,0:42:11.520 2023, it will be a crime in Sweden to[br]disclose classified information that does 0:42:11.520,0:42:16.720 not even threaten national security.[br]That's only prejudicial to the relations 0:42:16.720,0:42:21.920 of Sweden with a different country or an[br]international organization. I mean, it's 0:42:21.920,0:42:27.520 ridiculous. I mean, that's the standard is[br]so low. It's basically, though, the 0:42:27.520,0:42:32.880 diplomatic cables, something that's just[br]embarrassing before the relations of 0:42:32.880,0:42:38.000 Sweden with Austria, for example. You[br]know, I'm just taking by random example. 0:42:38.880,0:42:44.160 It's just embarrassing. That's sufficient.[br]It becomes a crime. So, what we have to 0:42:44.880,0:42:50.880 realize is this is, ... Now states are[br]building a system not only in the US, the 0:42:50.880,0:42:57.040 UK, the Anglo-Saxon world throughout, but[br]also even now, the allied countries are 0:42:57.040,0:43:03.280 building a system where it becomes a crime[br]to tell the truth. It's. Really high time 0:43:03.280,0:43:10.160 for us to ring the alarm bell and to stop[br]this, to insist that we have a right to 0:43:10.160,0:43:15.360 know.[br]Stefania: Absolutely. What do you expect 0:43:15.360,0:43:19.280 from the legal process in the UK? What do[br]you expect the next? 0:43:19.280,0:43:29.120 Nils: Well, unfortunately, I cannot expect[br]justice. I was hopeful. I mean, I am 0:43:29.120,0:43:35.120 pessimistically hopeful. If I can allow to[br]say that the High Court would refuse 0:43:35.120,0:43:41.200 extradition. But I sensed that exactly[br]what happened, was going to happen. I said 0:43:41.200,0:43:47.840 it before publicly, and it's happened[br]exactly as I presumed it would. I think 0:43:47.840,0:43:55.760 that the UK judiciary, unfortunately, is[br]unable to ensure respect for the law here 0:43:55.760,0:44:00.880 and that they will basically wave this[br]extradition through, and they will try 0:44:00.880,0:44:06.640 perhaps to extend this proceeding another[br]year or two. Because for the US, it's not 0:44:06.640,0:44:12.320 urgent for Assange to be extradited if he[br]dies in prison in the UK, all the better 0:44:12.320,0:44:16.480 for the US, so they don't have to deal[br]with it. What they want is to set the 0:44:16.480,0:44:21.600 precedent that everybody knows, including[br]yourselves, Stefania, that this is what's 0:44:21.600,0:44:26.560 going to happen to you if you ever mess[br]with our secrets, our dirty secrets. And 0:44:26.560,0:44:30.320 so, I don't know exactly what's going to[br]play out and how it's going to play out. 0:44:30.320,0:44:37.520 But in the big picture, these states have[br]not persecuted Assange for 10 years for 0:44:37.520,0:44:43.680 tens of millions of dollars to let him off[br]the hook any time soon. So, the only 0:44:43.680,0:44:49.840 chance he has, and that's the very real[br]chance, if public opinion changes and if 0:44:49.840,0:44:54.480 the main media organizations change their[br]view. As I said before, this is going to 0:44:54.480,0:44:59.200 be over. This is just like waking up from[br]a nightmare. It's going to be over. But if 0:44:59.200,0:45:09.440 they don't, we're in for a long nightmare.[br]Stefania: Thank you, Nils, let's open the 0:45:09.440,0:45:12.999 question from the public. 0:45:12.999,0:45:19.040 Herald: Yeah. There are More and more[br]questions coming up here. And let me start 0:45:19.040,0:45:24.800 by, ... one, that's more like the[br]beginning of the whole story as to what 0:45:24.800,0:45:30.880 exactly did you expect, or who do you[br]exactly expect to respond in the first 0:45:30.880,0:45:37.280 instance, when torture in UK is concerned?[br]Like before you send letters, you would 0:45:37.280,0:45:42.800 expect kind of a maybe a police showing up[br]or something like that. What would you 0:45:42.800,0:45:48.000 normally expect?[br]Nils: Well, if I receive allegations of 0:45:48.000,0:45:52.960 torture, I transmit them, I mean, the[br]first thing that happens, I look whether 0:45:52.960,0:45:57.280 they are credible. You know, if they are,[br]if they're not credible, obviously, I 0:45:57.280,0:46:02.720 will. I will. I will try to consolidate.[br]Maybe I will. My team will call the person 0:46:02.720,0:46:06.240 or organization that submitted the[br]information and try to consolidate it to 0:46:06.240,0:46:09.840 make sure that it is credible. It doesn't[br]have to be proven, but it has to be 0:46:09.840,0:46:13.760 credible. If that's the case, I will[br]transmit it to the government. And if it's 0:46:13.760,0:46:18.400 an urgent case, you know, if it's about[br]preventing torture, it's a historical case 0:46:18.400,0:46:23.120 that happened 15 years ago, and we're just[br]investigating it's not very urgent, and we 0:46:23.120,0:46:27.360 can take time. I mean, you know,[br]reasonable timeframe. But if it's very 0:46:27.360,0:46:33.840 urgent, someone is about to be executed or[br]transferred or extradited. Then within 24 0:46:33.840,0:46:38.960 hours, I can write a letter and transmit[br]it to the foreign minister of. And that's 0:46:38.960,0:46:43.280 your question. Who will actually will, ...[br]my interlocutor as the UN rapporteur is 0:46:43.280,0:46:47.680 always the foreign minister of the country[br]of the UN member state through the 0:46:47.680,0:46:54.160 diplomatic mission in Geneva. And so, they[br]will then have to distribute it to the 0:46:54.160,0:46:57.840 proper authorities in their country. If[br]it's an allegation about a police station, 0:46:57.840,0:47:04.000 that will have to, you know, transmit it[br]to the police and so on. But depending on 0:47:04.000,0:47:07.840 the country and the precise allegation, it[br]will be different authorities. It could be 0:47:07.840,0:47:13.280 a migration center or something like this.[br]But for me, it's very it's a diplomatic 0:47:13.280,0:47:18.080 protocol. I always have to go through the[br]Foreign Ministry and they will then have 0:47:18.080,0:47:23.840 to initiate those investigations and[br]inside the country. 0:47:23.840,0:47:28.960 Herald: OK, thank you very much. The Next[br]question would be, will Assange be 0:47:28.960,0:47:33.920 able to appeal to the European Court of[br]Justice? How long do you estimate Julian 0:47:33.920,0:47:38.320 will stay in prison until the highest[br]applicable court would publish a decision? 0:47:38.320,0:47:44.480 And are there any moves that can still be[br]made from a lawyer's point of perspective? 0:47:45.360,0:47:50.320 Well, I'm clearly not his lawyer. But, you[br]know, and his legal team would have to 0:47:50.320,0:47:54.080 speak to the strategy. So, I can't. I'm[br]not representing him, obviously. But 0:47:54.800,0:47:58.800 clearly, yes, at some point you will be[br]able, as soon as the last instance 0:47:58.800,0:48:07.040 decision has been validated by the last[br]instance of court in the U.K., then this 0:48:07.040,0:48:11.680 decision can be appealed to the European[br]Court of Human Rights, not the European 0:48:11.680,0:48:16.640 Court of Justice, that's an EU court, but[br]the European Court of Human Rights would 0:48:16.640,0:48:23.920 be that instance. They can also, already[br]now, appeal to that court for preliminary 0:48:23.920,0:48:28.400 protection, for example, to release him[br]from prison and to house arrest or 0:48:28.400,0:48:33.200 something like this. But that's a bit[br]technical. But yes, at the end there is an 0:48:33.200,0:48:37.600 opportunity to appeal to the European[br]Court of Human Rights. And the question of 0:48:37.600,0:48:42.720 how long it will last really depends on so[br]many factors. What's the strategy of the 0:48:42.720,0:48:46.400 lawyers? What's the strategy of the court?[br]You know, how long does the court take to 0:48:46.400,0:48:51.440 decide, after a hearing? Do they take two[br]weeks or do they take four months? It's up 0:48:51.440,0:48:56.880 to them. And so, it's, ... I can't, you[br]know, I can't. But it could last anywhere 0:48:56.880,0:49:00.720 from at least one year to, you know,[br]another three years or something like 0:49:00.720,0:49:04.240 this.[br]Stefania: I just want to add one important 0:49:04.240,0:49:09.440 info about this European Court of Human[br]Rights because according to the documents 0:49:09.440,0:49:16.800 I was able to get from my Freedom of[br]Information litigation, the UK authorities 0:49:16.800,0:49:21.840 were discussing with the Swedish[br]authorities an attempt to extradite Julian 0:49:21.840,0:49:29.520 Assange without allowing him to apply to[br]the European Court of Human Rights and 0:49:29.520,0:49:36.240 obtaining the protective measure. So, it[br]was an attempt to extradite him before he 0:49:36.240,0:49:40.800 could get a protective measure. Do you[br]think that means that they could play the 0:49:40.800,0:49:47.600 same game for the extradition to the US?[br]Nils: It's conceivable, yes. The problem 0:49:47.600,0:49:54.000 is that normally a judgment of the, ... or[br]an appeal to the European Court of Human 0:49:54.000,0:50:00.160 Rights is not, ... does not suspend the[br]validity of the national decision. So if 0:50:00.160,0:50:04.640 the Supreme Court of the UK allows the[br]extradition, for example, and Assange 0:50:04.640,0:50:09.760 appeals that then he can still be[br]extradited, unless the European Court of 0:50:09.760,0:50:19.840 Human Rights orders preliminary measures,[br]you know, that suspend that the validity 0:50:19.840,0:50:25.040 of that ruling. So but they still have to[br]decide that. And obviously, between the 0:50:25.040,0:50:30.000 decision of the Supreme Court and the[br]issuing of that preliminary protective 0:50:30.000,0:50:36.880 measure, there will be a few days. And so[br]in this time, you know, they can try to 0:50:36.880,0:50:44.080 send him out. So, it's very important that[br]his lawyers react in time and perhaps even 0:50:44.720,0:50:49.440 provisionally ask for measures like this.[br]But again, you know, his legal team would 0:50:49.440,0:50:52.080 be better placed to answer those[br]questions. 0:50:52.800,0:51:00.880 Herald: OK, thank you very much. I hope[br]you might answer the next question. What 0:51:00.880,0:51:05.520 is the government's justification for[br]keeping Assange in Belmarsh? And what 0:51:05.520,0:51:12.560 happens to other high, or high risk,[br]persons above who have a flight risk that 0:51:12.560,0:51:16.415 are on remand in the UK?[br]Nils: Well, the government doesn't just, 0:51:16.415,0:51:21.537 ... I mean, they just say he's a flight[br]risk. OK. Well, yes, there is a precedent 0:51:21.537,0:51:25.523 that he's basically his, look, ... you[br]know, he's asked for asylum in the 0:51:25.523,0:51:30.704 Ecuadorian embassy. So now clearly, you[br]know, in my view, even the whole 0:51:30.704,0:51:35.713 extradition proceeding is illegitimate and[br]illegal. You know, for various reasons 0:51:35.713,0:51:39.953 because it concerns espionage, which is a[br]political offense and because, you know, 0:51:39.953,0:51:44.640 it's protected by press freedom, what he's[br]done and all of these things. But even if, 0:51:44.640,0:51:49.352 for the sake of the argument, if we accept[br]that this is a legitimate extradition 0:51:49.352,0:51:56.108 proceeding, then if he's a flight risk,[br]then yes, you can. You can secure his 0:51:56.108,0:52:05.100 presence, but you have to use the least[br]harmful means to do that. So, you cannot 0:52:05.100,0:52:10.456 take measures that are more restrictive[br]than necessary. And so if you put him in 0:52:10.456,0:52:14.548 house arrest, a guarded house arrest where[br]he cannot leave because there's a guard in 0:52:14.548,0:52:19.802 front of the door, that's sufficient, and[br]it's even cheaper than a high security 0:52:19.802,0:52:24.344 prison. And that's what they've done with[br]with with Augusto Pinochet, who was, I 0:52:24.344,0:52:28.800 remind you, not accused of journalism. He[br]was accused of having, you know, being 0:52:28.800,0:52:32.633 responsible for murder and torture and[br]disappearance of thousands of people as 0:52:32.633,0:52:39.232 the dictator of ex-dictator of Chile. And[br]the British, But he was an ally of the 0:52:39.232,0:52:43.589 United Kingdom. So, but he was in the[br]legal, legally accepted, (cough) excuse 0:52:43.589,0:52:48.564 me, except that he was accused of serious[br]crimes, and Julian Assange is not. He was 0:52:48.564,0:52:54.174 in the same extradition kind of situation,[br]and he was allowed to spend one and a half 0:52:54.174,0:52:59.253 years in a luxurious villa where he was[br]visited by, you know, ex-Prime Minister 0:52:59.253,0:53:04.116 Thatcher. But Julian Assange has been put[br]in a high security prison. That's, ... 0:53:04.116,0:53:09.952 he's not a violent person. He's put in the[br]toughest high security prison where, you 0:53:09.952,0:53:15.547 know, violent criminals are being held.[br]And so, that's actually that's absolutely 0:53:15.547,0:53:20.870 not justifiable. He could be kept in[br]anywhere else, you know where he can be 0:53:20.870,0:53:25.752 supervised, and he has a human right to[br]live his family life, to live his 0:53:25.752,0:53:30.763 profession. There is, ... he's not serving[br]a sentence. He's not convicted of 0:53:30.763,0:53:37.650 anything. And his health is in the dire[br]state. We have examined him two years ago 0:53:37.650,0:53:44.166 and warned that he would enter a downward[br]spiral very soon, and it actually 0:53:44.166,0:53:51.320 happened. He was not even able to to to[br]attend his, ... to observe his own appeals 0:53:51.320,0:53:58.035 hearing at the end of October. He actually[br]had a stroke during that hearing. And it's 0:53:58.035,0:54:03.844 absolutely grotesque that the judges in[br]that hearing, you know, decided that his 0:54:03.844,0:54:10.080 health was stable enough to be extradited[br]to the US, based on some flimsy assurances 0:54:10.080,0:54:17.320 that don't guarantee anything. You know[br]that don't protect him from anything. 0:54:17.320,0:54:23.734 Herald: Then this question fits right[br]perfectly to that because it does. Are you 0:54:23.734,0:54:27.914 confident that the US government won't[br]harm Assange as they promised? 0:54:27.914,0:54:34.335 Nils: To the contrary, I'm confident they[br]will because there's no way he's going to 0:54:34.335,0:54:40.366 get a fair trial. The public narrative[br]against Assange is so overwhelming, and 0:54:40.366,0:54:47.520 the prejudice is so overwhelming against[br]him. He's going to be tried in Alexandria, 0:54:47.520,0:54:54.167 the infamous espionage court where I[br]indicated before it's a secret trial. Very 0:54:54.167,0:54:59.210 often, the defense does not even have[br]access to the evidence against the 0:54:59.210,0:55:05.650 suspect, and there is no press allowed.[br]There is no trial observation allowed. You 0:55:05.650,0:55:13.198 know, there is, ... the jury takes[br]information from the prosecution that the 0:55:13.198,0:55:19.068 defense doesn't have access to. No one has[br]ever been acquitted in that court. It's a 0:55:19.068,0:55:23.903 national security court. No one has ever[br]been acquitted, and people are being 0:55:23.903,0:55:29.631 threatened with enormous prison sentences[br]there, unless they accept some kind of 0:55:29.631,0:55:34.016 plea bargain. In his case, it would[br]certainly mean that he would have to spend 0:55:34.016,0:55:42.678 decades in prison. So, ... and for this[br]type of suspect, it's always solitary 0:55:42.678,0:55:47.640 confinement, which means near complete[br]isolation. No contact with the outside 0:55:47.640,0:55:52.916 world, no contact to other inmates, no[br]talking even to the guards. You know, very 0:55:52.916,0:55:58.374 often the US authorities then say, Oh, we[br]have to put him on suicide watch, you 0:55:58.374,0:56:02.153 know, for his own benefit, which means[br]they wake him up every 15 minutes at 0:56:02.153,0:56:09.120 night. He cannot sit down or lie down[br]during the day. And it's really a form of 0:56:09.120,0:56:15.059 torture. And I say this as an expert, and[br]I'm not the only one saying this. It's my 0:56:15.059,0:56:18.898 predecessors. That's, you know, Amnesty[br]International, Human Rights Watch. 0:56:18.898,0:56:22.807 Everybody agrees these types of conditions[br]are a violation of the Convention against 0:56:22.807,0:56:29.711 Torture and Ill Treatment.[br]Herald: Thank you for that answer. I have 0:56:29.711,0:56:36.086 one last question, and that's probably the[br]big one. What can society do, or what 0:56:36.086,0:56:41.760 needs to happen, to stop the extradition[br]from happening now? And what would need to 0:56:41.760,0:56:45.760 happen to undo the effects of the US [br]government's approach in this case, like 0:56:45.760,0:56:50.880 the intimidation of journalists?[br]Nils: Well, I guess, Stephanie, you will 0:56:50.880,0:56:56.240 have something to say about this as well.[br]I mean, from my perspective. The US has to 0:56:56.240,0:57:02.720 drop this case. They have to, or they have[br]to be pressured by their own media and 0:57:02.720,0:57:10.240 their own society to drop this case[br]because, you know, the US society is 0:57:10.240,0:57:15.280 really, ... is they have the political[br]influence on their political leadership, 0:57:16.720,0:57:21.280 and it's in their own interest that they[br]stop this from happening because otherwise 0:57:21.280,0:57:25.360 they will lose, as I said before, the[br]right to know what their government is 0:57:25.360,0:57:29.680 doing, the fact already it lost that[br]right, actually, they have to regain it. 0:57:29.680,0:57:36.320 And I think, so, civil society is very[br]important, but the media, especially the 0:57:36.320,0:57:42.800 mainstream media, that they start picking[br]this up is very, very important. Public 0:57:42.800,0:57:48.480 opinion has to turn around and not only in[br]the US, in the UK, in Australia, in Sweden 0:57:48.480,0:57:55.440 and anywhere, anywhere. People have to ask[br]their governments, Why are you accepting 0:57:55.440,0:58:00.800 that a country that you are allied with,[br]you know, is persecuting journalists, that 0:58:00.800,0:58:05.360 expose their war crimes? We have to ask[br]the people, that are elected to 0:58:05.360,0:58:10.560 parliament, why they are, accepting this?[br]Why they are keeping silent, you know 0:58:10.560,0:58:15.680 because, it will cost it will cost us very[br]dearly. I don't know what you think, 0:58:15.680,0:58:18.320 Stefania.[br]Stefania: Yes, I absolutely agree with 0:58:18.320,0:58:24.240 you. We absolutely have to win this case,[br]which means we absolutely have to put 0:58:24.240,0:58:30.400 pressure, take to the streets, must see[br]press coverage of the situation. It's a 0:58:30.400,0:58:36.480 scandal that it took an Italian journalist[br]to litigate a Freedom of Information case 0:58:36.480,0:58:42.560 in the UK and the US, Australia and Sweden[br]because no one else did it. It's a scandal 0:58:42.560,0:58:47.440 that you took an Italian journalist to try[br]to discover the pressure from the Crown 0:58:47.440,0:58:54.640 Prosecution Service on the Swedish[br]authorities and the attempt to bypass the 0:58:54.640,0:58:59.680 European Court of Human Rights. Can you[br]believe that the Guardian was not able to 0:58:59.680,0:59:05.760 do this, or can you believe that the New[br]York Times could not expose the CIA 0:59:05.760,0:59:12.960 attempts to kill him? I mean, it took[br]Yahoo? I mean, can you believe Yahoo had 0:59:12.960,0:59:18.880 more sources inside the CIA than The[br]Washington Post or the New York Times that 0:59:18.880,0:59:26.320 inside this agency? Can you believe that[br]they were not able to expose before Yahoo 0:59:26.320,0:59:32.800 News? So, we absolutely have to call them[br]out and to make, ... to have them on 0:59:32.800,0:59:37.840 board. They don't want to be on board. We[br]have seen they don't cover the case 0:59:37.840,0:59:43.040 properly. They say they want to be[br]factual, when in fact they have not looked 0:59:43.040,0:59:48.080 for the facts. And it took an Italian[br]judicial system, a U.N. special 0:59:48.080,0:59:53.920 rapporteur, to investigate the case, which[br]is unbelievable, you know. So, we have to 0:59:53.920,0:59:59.840 have them on board, and we absolutely have[br]to win this case. Having the case dropped, 0:59:59.840,1:00:05.040 the investigation dropped because it is a[br]scandal. I mean, in 20 years of 1:00:05.040,1:00:10.880 journalism, my experience of 20 years as a[br]journalist, 15 in investigative 1:00:10.880,1:00:18.000 journalism, I have never heard of a media[br]organization put under investigation for 1:00:18.000,1:00:24.160 11 years. I never heard this. I don't[br]know. I don't believe it exists. Not even, 1:00:24.160,1:00:31.360 ... I mean, just in seriously[br]authoritarian dictatorships. I never heard 1:00:31.360,1:00:36.080 of a media organization under[br]investigation for 11 years as WikiLeaks, 1:00:36.080,1:00:41.920 ... the WikiLeaks journalists have been.[br]So, we absolutely have to win this case, 1:00:41.920,1:00:47.360 and we have not to rely on the legal[br]process. The legal process is completely 1:00:47.360,1:00:54.000 corrupt, completely corrupt. So, we, it is[br]up to us. It's up to us to take to the 1:00:54.000,1:00:59.280 street and to have press coverage or[br]whatever press coverage we can, the 1:00:59.280,1:01:05.680 independent media, the citizen journalism[br]for the whatever. We can to mobilize 1:01:05.680,1:01:10.880 people to have people taking to the[br]streets and realize this monstrous 1:01:10.880,1:01:18.400 injustice. In the preface to my book, Ken[br]Loach, the great film director Ken Loach, 1:01:18.400,1:01:24.080 calls it "this monstrous injustice". He's[br]absolutely right. 1:01:24.080,1:01:29.040 Nils: And if you allow me to just say one[br]sentence here also, to conclude my own 1:01:29.040,1:01:33.680 statement, here is just to say, don't[br]think that this is just the Assange case, 1:01:33.680,1:01:40.080 that is the tip of the iceberg. And I[br]wrote the book about this, not because 1:01:40.080,1:01:45.360 this is the only case, but this is the[br]case that makes it most visible what's 1:01:45.360,1:01:50.000 really going on? It's actually a keyhole[br]through which you can see into a parallel 1:01:50.000,1:01:54.160 world that already exists, where democracy[br]and the rule of law is being 1:01:54.160,1:02:00.960 systematically undermined. So, don't[br]believe those public narratives, in this 1:02:00.960,1:02:05.600 case or in others, you know. Ask[br]questions, ask for evidence and always 1:02:05.600,1:02:10.320 ask, you know, who has what kind of[br]interests here? And are we still able to 1:02:11.200,1:02:15.760 know what the powerful are doing with the[br]power and the money they have? And that's 1:02:15.760,1:02:22.080 really at the core of it. So, I hope this[br]was useful, and clearly I invite people, 1:02:22.080,1:02:26.960 you know, read, read, it's the Stefania's[br]book. Read my book, read, read about the 1:02:26.960,1:02:31.520 case and make up your own mind, you know[br]because it's about your rights and your 1:02:31.520,1:02:35.610 life.[br]Stefania: Absolutely. Let me close this 1:02:35.610,1:02:43.840 conversation with reminding people that we[br]will keep this conversation going in the 1:02:43.840,1:02:51.196 "after three village" at 10 p.m. We will[br]wait for you. We appreciate more questions 1:02:51.196,1:02:57.475 about these important crucial case. Thank you.[br]Herald: Yeah, thank you both very much for 1:02:57.475,1:03:03.520 being here and for the very interesting[br]talk, and maybe we see each other later in 1:03:03.520,1:03:13.212 the "after three village" and yeah, have a[br]good evening. 1:03:13.212,1:03:16.505 Music 1:03:16.505,1:03:25.525 Subtitles created by c3subtitles.de[br]in the year 2022. Join, and help us!