Showing posts with label Binoy Kampmark. Show all posts
Showing posts with label Binoy Kampmark. Show all posts

21 December 2020

ABUSE ON THE MAINLAND: AUSTRALIA'S MEDEVAC HOTEL DETENTIONS

CounterPunch 18 December 2020 Abuse on the Mainland: Australia’s Medevac Hotel Detentions by Binoy Kampmark

Governments that issue press releases about the abuse of human rights tend to avoid close gazes at the mirror. Doing so would be telling. In the case of Australia, its record on dealing with refugees is both abysmal and cruel. It tends to be easier to point the finger at national security laws in Hong Kong and concentration camps in Xinjiang. Wickedness is always easily found afar.

Australia’s own concentration camp system hums along, inflicting suffering upon asylum seekers and refugees who fled suffering by keeping them in a state of calculated limbo. Its brutality has been so normalised, it barely warrants mention in Australia’s sterile news outlets. In penitence, the country’s literary establishment pays homage to the victims, such as the Kurdish Iranian writer Behrouz Boochani. Garlands and literary prizes have done nothing to shift the vicious centre in Canberra. Boat arrivals remain political slurry and are treated accordingly.

Recently, there were small signs that prevalent amnesia and indifference was being disturbed. The fate of some 200 refugees and asylum seekers brought to the Australian mainland for emergency medical treatment piqued the interest of certain activists. Prior to its repeal as part of a secret arrangement between the Morrison government and Tasmanian senator Jacqui Lambie in December last year, the medical evacuation law was a mixed blessing.

While it was championed as a humanitarian instrument, it did not ensure one iota of freedom. As before, limbo followed like a dank smell. The repeal of the legislation offered another prospect of purgatory, only this time on the mainland.

The individuals in question have found themselves detained in Melbourne at the Mantra Bell City Hotel in Preston, and the Kangaroo Point Central Hotel in Brisbane. In the mind of Refugee Action Coalition spokesman Ian Rintoul, the conditions at both abodes are more restrictive than those on Nauru. The medical help promised has also been tardily delivered, if at all.

“My life is exactly the size of a room, and a narrow corridor,” reflects Mostafa (Moz) Azimitabar, who has been detained at the Mantra for 13 months. Like his fellow detainees, he has become a spectacle, able to see protesters gather outside the hotel, the signs pleading for their release, drivers honking in solidarity. He sees himself as “a fish inside an aquarium … The whole of my life in this window to see the real life, where people are driving, walking; when they wave to us. And when I wave back at them. This is my life.”

When former Australian soccer player turned human rights activist Craig Foster visited Azimitabar, conversation could only take place between a transparent plastic barrier. “I had to talk with him behind the glass,” tweeted the detainee. “Several times a day Serco officers enter my room and there aren’t any glasses for them.”

After the visit, Foster described the corrosion of liberties, “this constant theme of the most onerous regulations … constantly chipping away – just taking another right, another right, another right, and making them feel less and less and less human, if that’s possible after eight years.”

The more obstreperous refugees have been targeted by the Department of Home Affairs and forcibly relocated. Iranian refugee Farhad Rahmati found himself shifted from Kangaroo Point to the Brisbane Immigration Transit Accommodation Centre (BITA), and then to Villawood. BITA also received four more from Kangaroo Point in mid-November.

The advent of COVID-19 compounded the situation. Detainees already vulnerable to other medical conditions faced another danger. The authorities gave a big shrug. Shared bathrooms are the norm and are infrequently cleaned. Hand sanitizer containers are left empty or broken. The inquiry into the failure of Victoria’s quarantine system that led to a second infectious wave in Melbourne avoided considering the conditions of detained refugees. Writing in Eureka Street, Andra Jackson wondered if this had anything to do with the fact “that these men, now detained in some instances for six to seven years, have behaved more responsibly that [sic] some returning travellers.”

The government authorities did release five refugees from the medevac hotels last week, threatened by lawsuits testing the legal status of their detention. On December 14, the 60 men detained at the Mantra were told that they would be moving to another undisclosed location. The conclusion of the contract with the hotel has the Department of Home Affairs considering its options, and all are bound to aggravate the distress of the detainees.

Alison Battinson of Human Rights for All has a suggestion bound to be ignored. “Instead of telling the gentlemen that they are going to be moved to another place of detention – that hasn’t been disclosed to them – the more sensible approach would be to release them as per the law.”

The only ray of compassion in this mess of inhumanity has come in the form of a Canadian resettlement scheme. Nine refugees have already availed themselves of the opportunity; another twenty await their fate. Australian politicians, as they so often do on this subject, are nowhere to be found.


Binoy Kampmark was a Commonwealth Scholar at Selwyn College, Cambridge. He lectures at RMIT University, Melbourne. Email: bkampmark@gmail.com

15 December 2020

JULIAN ASSANGE: COVID RISKS AND CAMPAIGNS FOR PARDON

From CounterPunch 14 December 2020 Julian Assange: COVID Risks and Campaigns for Pardon by Binoy Kampmark

Before the January 4 ruling of District Judge Vanessa Baraitser in the extradition case of Julian Assange, the WikiLeaks publisher will continue to endure the ordeal of cold prison facilities while being menaced by a COVID-19 outbreak. From November 18, Assange, along with inmates in House Block 1 at Belmarsh prison in south-east London, were placed in lockdown conditions. The measure was imposed after three COVID-19 cases were discovered.

The response was even more draconian than usual. Exercise was halted; showers prohibited. Meals were to be provided directly to the prisoner’s cell. Prison officials described the approach as a safety precaution. “We’ve introduced further safety measures following a number of positive cases,” stated a Prison Service spokesperson.

Assange’s time at Belmarsh is emblematic of a broadly grotesque approach which has been legitimised by the national security establishment. The pandemic has presented another opportunity to knock him off, if only by less obvious means. The refusal of Judge Baraitser to grant him bail, enabling him to prepare his case in conditions of guarded, if relative safety, typifies this approach. “Every day that passes is a serious risk to Julian,” explains his partner, Stella Moris. “Belmarsh is an extremely dangerous environment where murders and suicides are commonplace.”

Belmarsh already presented itself as a risk to one’s mental bearings prior to the heralding of the novel coronavirus. But galloping COVID-19 infections through Britain’s penal system have added another, potentially lethal consideration. On November 24, Moris revealed that some 54 people in Assange’s house block had been infected with COVID-19. These included inmates and prison staff. “If my son dies from COVID-19,” concluded a distressed Christine Assange, “it will be murder.”

The increasing number of COVID-19 cases in Belmarsh has angered the UN Special Rapporteur on torture, Nils Melzer. On December 7, ten years from the day of Assange’s first arrest, he spoke of concerns that 65 out of approximately 160 inmates had tested positive. “The British authorities initially detained Mr. Assange on the basis of an arrest warrant issued by Sweden in connection with allegations of sexual misconduct that have since been formally dropped due to lack of evidence.” He was currently being “detained for exclusively preventive purposes, to ensure his presence during the ongoing US extradition trial, a proceeding which may well last several years.”

The picture for the rapporteur is unmistakable, ominous and unspeakable. The prolonged suffering of the Australian national, who already nurses pre-existing health conditions, amounts to cruel, inhuman and degrading treatment. Imprisoning Assange was needlessly brutal. “Mr. Assange is not a criminal convict and poses no threat to anyone, so his prolonged solitary confinement in a high security prison is neither necessary nor proportionate and clearly lacks any legal basis.” Melzer suggested immediate decongestion measures for “all inmates whose imprisonment is not absolutely necessary” especially those, “such as Mr Assange, who suffers from a pre-existing respiratory health condition.”

Free speech advocates are also stoking the fire of interest ahead of Baraitser’s judgment. In Salon, Roger Waters, co-founder of Pink Floyd, penned a heartfelt piece wondering what had happened to the fourth estate. “Where is the honest reporting that we all so desperately need, and upon which the very survival of democracy depends?” Never one to beat about the bush, Waters suggested that it was “languishing in Her Majesty’s Prison Belmarsh.” To extradite Assange would “set the dangerous precedent that journalists can be prosecuted merely for working with inside sources, or for publishing information the government deems harmful.” The better alternative: to dismiss the charges against Assange “and cancel the extradition proceedings in the kangaroo court in London.”

In the meantime, a vigorous campaign is being advanced from the barricades of Twitter to encourage President Donald Trump to pardon Assange. Moris stole the lead with her appeal on Thanksgiving. Pictures of sons Max and Gabriel were posted to tingle the commander-in-chief’s tear ducts. “I beg you, please bring him home for Christmas.”

Hawaii congresswoman Tulsi Gabbard has added her name to the Free Assange campaign, directing her pointed wishes to the White House. “Since you’re giving pardons to people,” she declared, “please consider pardoning those who, at great personal sacrifice, exposed the deception and criminality in the deep state.”

Pamela Anderson’s approach was somewhat different and, it should be said, raunchily attuned to her audience. She made no qualms donning a bikini in trying to get the president’s attention. “Bring Julian Assange Home Australia,” went her carried sign, tweeted with a message to Trump to pardon him. Glenn Greenwald, formerly of The Intercept, proved more conventional, niggling Trump about matters of posterity. “By far the most important blow Trump could strike against the abuse of power by CIA, FBI & the Deep State – as well as to impose transparency on them to prevent future abuses – is a pardon of @Snowden & Julian Assange, punished by those corrupt factions for exposing their abuses.” Alan Rusbridger, formerly editor of The Guardian, agrees.

While often coupled with Assange in the pardoning stakes, Edward Snowden has been clear about his wish to see the publisher freed. “Mr. President, if you grant only one act of clemency during your time in office, please: free Julian Assange. You alone can save his life.” As well meant as this is, Trump’s treasury of pardons is bound to be stocked by other options, not least for himself.

Binoy Kampmark was a Commonwealth Scholar at Selwyn College, Cambridge. He lectures at RMIT University, Melbourne. Email: bkampmark@gmail.com

01 August 2020

BRITISH JUSTICE IS BLIND - OR NON-EXISTANT: JULIAN ASSANGE'S POLITICAL INDICTMENT: OLD WINE IN OLDER BOTTLES

.......and the Australian government has done nothing to help its citizen who it is leaving to rot in hell, so Australians overseas should know how its government looks after those citizens who have no significance for them politically. 

From CounterPunch 31 July 2020

Julian Assange's Political Indictment: Old Wine in Older Bottles

By Binoy Kampmark



The book of hours on Julian Assange is now being written. But the scribes are far from original. Repeated rituals of administrative hearings that have no common purpose other than to string things out before the axe are being enacted. Of late, the man most commonly associated with WikiLeaks’ publication project cannot participate in any meaningful way, largely because of his frail health and the dangers posed to him by the coronavirus. Having already made an effort to attend court proceedings in person, Assange has come across as judicial exotica, freak show fodder for Judge Vanessa Baraitser’s harsh version of Judge Judy. He was refused an application to escape his glass commode when he could still attend in person, as permitting him to descend and consult his defence team in a court room would constitute a bail application of some risk. This reading by the judicial head was so innovative it even puzzled the prosecutors.

What we know to date is that restrictions and shackles on Assange’s case are the order of the day. Restricted processes that do nothing to enable him to see counsel and enable a good brief to be exercised are typical. Most of all, the ceremonial circus that we have come to expect of British justice in the menacing shadow of US intimidation has become gloomily extensive. On July 27, that circus was given yet another act, another limping performance. As before, the venue was the Westminster Magistrates’ Court in London.

During the proceeding, Assange did appear via video link from Belmarsh Prison, albeit it an hour late, and only at the insistence of his legal team. The Guardian report on his presence reads like an account of a sporting engagement. “Wearing a beige sweater and a pink shirt, Assange eventually appeared from Belmarsh prison after an earlier attempt was aborted.”

Others were alarmed. During his call-over hearing, noted Martin Silk of the Australian Associated Press, “neither the Australian, nor his guards, were wearing face masks. I don’t understand the reason for that given we have to wear them inside shops.” This point was also made by Assange’s partner, Stella Moris: “Belmarsh hasn’t provided Julian with a face mask throughout this #covid crisis. The prison guards he interacts with don’t wear them either.” WikiLeaks supporter Juan Passarelli also felt that Assange “was having trouble following the proceedings due to the Judge and lawyers not speaking loud enough and into the microphones.”

Arrangements for the hearing for observers proved characteristically sloppy. Freelance journalist Stefania Maurizi was unimpressed by being on the phone for two hours during which she “couldn’t understand more than 20 percent of what has been discussed.” She was adamant that “UK authorities don’t care at all about international reporters covering” the Assange proceedings. “Dial in system is, as usual,” agreed Passarelli, “a shambles!”

The topic of discussion during this administrative hearing was what was announced by the US Department of Justice on June 24, namely the second superseding indictment. That document proved to be a naked exercise of political overreach, adding no further charges to the already heavy complement of eighteen, seventeen of which centre on the US Espionage Act. The scope of interest, however, was widened, notably on the issue of “hacking” and conferencing. Assange is painted as devilish recruiter and saboteur of the international secret order, a man of the conference circuit keen to open up clandestine governments and make various reasons for doing so. “According to the charging document, Assange and others at WikiLeaks recruited and agreed with hackers to commit computer intrusions to benefit WikiLeaks.”

Edward Fitzgerald QC, in representing Assange, fulfilled his norm, submitting that the recently revised document did little to inspire confidence in the nature of clarified justice. “We are concerned about a fresh request being made at this stage with the potential consequences of derailing proceedings and that the US attorney-general is doing this for political reasons.” Fitzgerald reminded the court that US President Donald Trump had “described the defence case as a plot by the Democrats.”

This should have been obvious, but Baraitser’s court would have none of it. To admit at this point that Assange is wanted for political reasons would make it that much harder to extradite him to the United States, given that bar noted in the US-UK Extradition Treaty. Whilst it was good of Fitzgerald to make this point, he should know by now that his audience is resolutely constipated and indifferent to such prodding. Assange is to be given the sharpest, rather than the most balanced, of hearings. Accordingly, Baraitser insisted that Fitzgerald “reserve his comments” – she, in the true tradition of such processes, had not been supplied, as yet, with the US indictment. This made the entire presence of all the parties at the Westminster Magistrates’ not merely meaningless but decidedly absurd.

Assange’s defence team could draw some cold comfort from Baraitser’s comments that July 27 was the deadline for any further evidence to be adduced by the prosecution before the September extradition hearing. One exception was permitted: psychiatric reports.

The current chief publisher of WikiLeaks Kristinn Hrafnsson had a few choice words for the prosecutors of Wikileaks. “All the alleged events have been known to the prosecution for years. It contains no new charges. What’s really happening here is that despite its decade start the prosecution are still unable to build a coherent case.” The scrapping of the previous indictments suggested that they were “flagrantly disregarding proper process.”

Assange is facing one of the most disturbing confections put together by any state that claims itself to be free. Should this stratagem work, the publisher will find himself facing the legal proceedings of a country that boasts of having a free press amendment but is keen on excluding him from it. What is even more troubling is the desire to expand the tent of culpability, one that will include press outlets and those who disseminate classified information.

To the next circus instalment we go: a final call-over hearing in Westminster Magistrates’ Court on August 14, then the September 7 extradition hearing, to be held at the Central Criminal Court most of us know as the Old Bailey. Will justice prove blind, or merely blinded?

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Binoy Kampmark was a Commonwealth Scholar at Selwyn College, Cambridge. He lectures at RMIT University, Melbourne. Email: bkampmark@gmail.com

13 April 2020

JULIAN ASSANGE: ONE YEAR IN BELMARSH


Julian Assange: One Year in Belmarsh


It should not be a matter of distinction, but Julian Assange is a figure who is becoming the apotheosis of political imprisonment.  This seems laughable to those convinced he is an agent without scruple, a compromiser of the Fourth Estate, a figure best packed off to a prison system that will, in all assuredness, kill him.

That’s if he even gets there.  Having spent a year at Her Majesty’s Belmarsh prison, the WikiLeaks publisher faces the permanent danger of contracting COVID-19 as he goes through the bone-weariness of legal proceedings.  Even during the extradition hearings, he has been treated with a snooty callousness by District Court Judge Vanessa Baraitser, which does not bode well for a favourable finding against the US submission.  As he endures them, he suffers in a facility that is succumbing to the misrule caused by the coronavirus.

On April 9, Assange’s friend Vaughan Smith gave a description of conditions that gave little cause for Easter cheer. “Julian is now confined alone in a cell for 23.5 hours every day.  He gets half an hour of exercise and that is in a yard crowded with other prisoners.”  Smith also had a shot at the running of the prison.  “With over 150 Belmarsh prison staff off work self-isolating, the prison is barely functioning.”

The UK Department of Justice has adopted a mild approach to the issue of releasing prisoners in the face of the coronavirus epidemic.  Despite the Prison Governors’ Association suggesting the release of 15,000 non-violent prisoners, the Department of Justice has opted for the lower total of 4,000.  To date, a meagre 100 have been released.  Assange insists that the situation is graver at Belmarsh than is otherwise advertised.  Official figures put the number of COVID-19 deaths at one in the maximum security facility.  There are at least two, with the possibility, argues Assange, of more.

By any reasonable assessment, Assange fits the bill of a non-violent prisoner, and one with genuine political credentials.  He was granted asylum by Ecuador, a point of little interest to Baraister.  His condition both physical and mental has appalled friends, acquaintances and a number of officials.

Nils Melzer, UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, has spent much time beating the drum of awareness about his plight.  Since 2010, he stated in May last year, “there has been a relentless and unrestrained campaign of public mobbing, intimidation and defamation against Mr Assange, not only in the United States, but also in the United Kingdom, Sweden and, more recently, in Ecuador.”

Rather than turning their attention to this state of circumstances, news outlets prefer to gorge themselves on other details, such as the newly revealed identity of his partner, which Judge Baraitser refused to keep concealed.  The writing on this subject is needlessly though predictably tawdry.

  “WikiLeaks founder Julian Assange fathered two sons while hiding in embassy,” has been a favourite formulation. The Daily Mail can barely resist stirring the sauce pot, giving Assange the appearance of an international man of fornicating mystery.  “Gabriel, aged two, and his one-year-old brother Max were conceived while their father was hiding out to avoid extradition to America, where he faces espionage charges over the leaking of thousands of classified US intelligence documents.”  But the man who sowed his oats was also, the Mail is thrilled to remind us, “wanted in Sweden where he was accused of rape.”  It was rather good of them to also tell readers that Swedish prosecutors dropped the investigation, though it does so with customary scepticism.

The old hacks can barely resist regarding the entire matter of Assange having a partner and children as peculiar.  The Mail seemed to think it had uncovered a stunning morsel of information that would shock all.  “The news will come as a bombshell to Assange’s friends and enemies since he was widely understood to have led a near-monastic life since entering the embassy in 2012.”  Monks would surely disagree with that flawed assessment, as would his friends.

The theme of oddity has also made it across the Atlantic.  The New York Post, for instance, considered it “an even odder twist” that “British rapper M.I.A. is a godmother to the children”.  Hardly – M.I.A, along with a large clutch of celebrities, has been a vocal supporter and barracker.

This mixture of lazy scribbling, creepy curiosity and saccharine interest will do little to aid Assange.

 His partner, now revealed as lawyer Stella Moris-Smith Robertson, attempted to take some of the edge off perceptions of the publisher in a court statement supporting bail.  “My close relationship with Julian has been the opposite of how he is viewed – of reserve, respect for each other and attempts to shield each other from some of the nightmares that have surrounded our lives.”  Retaining that shield will be an increasingly difficult matter now.

Assange’s scalp is precious.  The application for bail made by his defence team on March 25 was denied.  Access to him from his legal team is limited, hobbling the case.  Even during a raging pandemic, where entire states have mobilised their resources, there is always room for little bit of vindictiveness.  Scores need to be settled; the balance sheet ordered.  To that end, Judge Baraister and the UK justice system, have not disappointed.
 
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Binoy Kampmark was a Commonwealth Scholar at Selwyn College, Cambridge. He lectures at RMIT University, Melbourne. Email: bkampmark@gmail.com

29 December 2019

THE DECENT PROTESTER: A DOWN UNDER CREATION



From CounterPunch -  22 October 2019

By Binoy Kampmark

The Decent Protester, appropriately capitalised and revered is, from the outset, one who does not protest. It is an important point: to protest in the visage of such a person is an urge best left to inner fantasy and feeling. You come late to the scene: the best work and revolt has been done; the people who made the change are either dead, in prison, or ostracised. Modest changes might be made to the legal system, if at all.

To actually protest, by which is meant screaming, hollering, and disrupting, with the occasional sign of public indignation, is something of a betrayal. A betrayal to your comfortable station; a betrayal to your happy state of affairs. Show disgust, but keep it regular, modest and contained. Add a dash of bitters that amount to hypocrisy.

This regularity is something that ensures the continuation of police states, apartheid regimes, and vicious rulers. It also perpetuates the status quo in liberal democracies. The cleverness of this is the idea of permissible revolt: As long as you operate within the acceptable boundaries of protest, your conscience is given its balm, and the regime can continue to hum to the tune of the tolerable. It is a principle that states of all political hues adopt, though the degree of that adoption is sometimes moderated by bills of rights and the like.
When Henry D. Thoreau was arrested and found himself spending a night in a Concord prison in 1846 for refusing to pay his poll tax, he was making a broader statement about breaking rules, albeit from a selfish perspective. His objects of disaffection were slavery and the Mexican War. To the individual exists a conscience that should not bow to majoritarian wishes. If there is a law “of such a nature that it requires you to be an agent of injustice to another,” he writes in Civil Disobedience, “then, I say, break the law.” In Walden (1854), he elaborated on the point, claiming that no citizen “for a moment, or in the least degree, resign his conscience to the legislation.”

This view has hardly gone unchallenged, suggesting that civil disobedience can be a slippery matter. Hannah Arendt cast more than a heavy stone at Thoreau in her own essay on the subject in The New Yorker in September 1970. Her proposal, instead, was the necessary need to institutionalise civil disobedience and render it a matter of recognised action, rather than individual abstention. Thoreau had, after all, suggested distance and the will of the individual, that it was “not a man’s duty, as a matter of course, to devote himself to the eradication of any, even to the most enormous wrong; he may still properly have other concerns to engage him; but it is his duty, at least, to wash his hands of it…”

To that end, Arendt felt that “it would be an event of great significance to find a constitutional niche for civil disobedience – of no less significance, perhaps, than the event of the founding of the constitutio liberatis, nearly two hundred years ago.” But she resists, curiously enough, the idea of legalising it, favouring a political approach akin to treating the protester as a registered lobbyist or special interest group. “These minorities of opinion would thus be able to establish themselves as a power that is not only ‘seen from afar’ during demonstrations and other dramatizations of their viewpoint, but is always present and to be reckoned with in the daily business of government.”

Few countries better exemplify this dilemma than Australia, a country that has no formal constitutional protection of the right to protest yet insists on a collaborative model between protestor and state (protest permits, for instance, take precedence over any organic right; cooperating with police is encouraged, as laws are to be abided by). In some ways, an argument might well be made that civil disobedience, in anaemic form, has been institutionalised down under.
The result from brought forth in this coagulation is simple if compromising: the Decent Protester. Such a person is one very much at odds with the barebones definition of civil disobedience advanced by Robin Celikates, who describes it as “intentionally unlawful protest action, which is based on principles and aims at changing (as in preventing or enforcing) certain laws or political steps.” In other words, there can be no Australian Rosa Parks.

Each state has its own guidelines for the decent protester, offering a helpful hand for those braving a march or organising a gathering. An information booklet covering the right to protest in the Australian Capital Territory has a range of “guidelines”. It speaks of “many public places” in Canberra, the national capital, “where people can exercise their right to communicate their opinions and ideas through peaceful protests and demonstrations.” The authors of the booklet make the claim that Australian “democracy recognises this right which is subject to the general law and must be balanced against the rights and interests of others and of the community as a whole.”

The Commonwealth Attorney-General’s office gives the false impression that Australia has a clear right to peaceful assembly for people to meet and “engage in peaceful protest.” A list of international human rights treaties are suggested as relevant, including the International Covenant on Civil and Political Rights (articles 21 and 22) and the International Covenant on Economic, Social and Cultural Rights (article 8(1)(a)). But being a party to a convention is not the same as incorporating it. Legislation needs to be passed and, for that reason, remains mediated through the organs of the state. The Fair Work Act 2009, for instance, protects freedom of association in the workplace but only in the context of being, or not being, members of industrial associations. Not exactly much to go on.

Other publications venture a much older right to protest, one that came to the Great Southern Land, paradoxically enough, with convict ships and manacles. “The origins of the common law right to assembly,” argues a briefing paper by Tom Gotsis for the NSW Parliamentary Research Service, “have been traced back 800 years to the signing of the Magna Carta.” This, in turn, finds modest recognition in state courts and the High Court of Australia, not least through the limited implied right of political communication. Ever eccentric in its conservatism, that right is not a private one to be exercised against the state, merely a control of hubristic parliaments who venture laws disproportionate to it. Not exactly a glorious, fit thing, is that implied right.

Such protest, measured, managed and tranquilised, makes the fundamental point that those who control the indignation control the argument. Much time has been spent in Australia embedding police within the protest structure, ensuring that order is maintained. Trains, buses and cars must still run on time. People need to get to work. Children need to be in school. The message is thereby defanged in the name of decency. It also means that genuine lawbreaking aimed at altering any policies will frowned upon as indecent. Good Australians would never do that.

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Binoy Kampmark was a Commonwealth Scholar at Selwyn College, Cambridge. He lectures at RMIT University, Melbourne. Email: bkampmark@gmail.com

26 December 2019

MEDICAL OPINION, TORTURE AND JULIAN ASSANGE


Medical Opinion, Torture and Julian Assange



On November 27 this year, UN Special Rapporteur on Torture, Nils Melzer, delivered an address to the German Bundestag outlining his approach to understanding the mental health of WikiLeaks founder Julian Assange. These comprised two parts, the initial stage covering his diplomatic asylum in the Ecuadorean embassy, the second dealing with his formal detention in the United Kingdom at the hands of the UK legal and judicial system. The conclusion was a recapitulation of previous findings: that Assange has been subjected to a prolonged, state-sponsored effort in torture, nothing less than a targeting of his being.
Melzer’s address is an expansive portrait of incremental inter-state torment that led to Assange’s confinement “in a highly controlled environment within the Ecuadorean embassy for more than six years.” There was the eventually justified fear that he would be sought by the United States in extradition proceedings. The Swedish authorities threw in their muddled lot between 2010 and 2019, attempting to nab Assange for rape claims despite “not being able to produce enough evidence for an indictment, and which now, after almost a decade, has been silently closed for the third time based on precisely that recognition.”

Then came the British contribution, consisting of encouragement to the Swedes by the Crown Prosecution Service that the investigation should not be closed, inspiring them not to get “cold feet”. (The cold feet eventually came.) The Ecuadorean contribution completed the four-piece set, with the coming to power of a pro-Washington Lenín Moreno. Embassy personnel in London were encouraged to make conditions that less pleasant; surveillance operations were conducted on Assange’s guests and meetings.

Melzer, along with a medical team, attended to Assange on May 9, 2019 in Belmarsh, finding a man with “all the symptoms that are typical of persons having been exposed to psychological torture for a prolonged period of time.” There was little doubt, in Melzer’s mind, that symptoms “already measurable physically, neurologically and cognitively”, had been shown.

These calls went unheeded. Melzer, in early November, accused the UK authorities of showing “outright contempt for Mr Assange’s rights and integrity.” Despite warnings issued by the rapporteur, “the UK has not undertaken any measures of investigation, prevention and redress required under international law.” Melzer’s prognosis was bleak. “Unless the UK urgently changes course and alleviates his inhumane situation, Mr Assange’s continued exposure to arbitrariness and abuse may soon end up costing his life.”

This point has been restated by Dr. Stephen Frost, a chief figure of the dedicated outfit calling itself Doctors for Assange. “We repeat that it is impossible to assess adequately let alone treat Mr Assange in Belmarsh prison and that he must as a matter of urgency be moved to a university teaching hospital. When will the UK government listen to us?”

The medical degrading of Assange has assumed ever greater importance, suggesting unwavering state complicity. On November 22, over 65 notable medical doctors sent the UK Home Secretary a note based on Melzer’s November 1 findings and Assange’s state at the October 21 case management hearing at Westminster Magistrates Court. “It is our opinion that Mr Assange requires urgent expert medical assessment of both his physical and psychological state of health. Any medical treatment indicated should be administered in a properly equipped and expertly staffed university teaching hospital (tertiary care).”

In a second open letter to the UK Lord Chancellor and Secretary of State for Justice dated December 4, the Doctors for Assange collective warned that the UK’s “refusal to take the required measures to protect Mr Assange’s rights, health and dignity appears [to] be reckless at best and deliberate at worst and, in both cases, unlawfully and unnecessarily exposes Mr Assange to potentially irreversible risks.”

The same grounds were reiterated in a December 16 letter to Australian Foreign Minister Marise Payne, with a curt reminder that she had “an undeniable legal obligation to protect your citizen against the abuse of his fundamental rights, stemming from US efforts to extradite Mr Assange for journalism and publishing that exposed US war crimes.” In the event that Payne took no action on the matter, “people would want to know what you […] did to prevent his death.”

In the addendum to the open letter, further to reiterating the precarious state of Assange’s health and medical status as a torture victim, the doctors elaborate on the circular cruelty facing the publisher. An individual deemed “a victim of psychological torture cannot be adequately medically treated while continuing to be held under the very conditions constituting psychological torture, as is currently the case for Julian Assange.” Appropriate medical treatment was hardly possible through a prison hospital ward.

A lesson in understanding mental torture is also proffered. “Contrary to popular misconception, the injuries caused by psychological torture are real and extremely serious. The term psychological torture is not a synonym for mere hardship, suffering or distress.”

At Assange’s case management hearing on December 19, restrictions on medical opinion were again implemented; psychiatrist Marco Chiesa and psychologist David Morgan were prevented from attending. Both had been signatories to the spray of open letters. According to Morgan, he had hoped to “provide some observations about Julian Assange’s health, psychologically, and with my colleagues, physically.” Instead, it transpired that access was denied, according to psychologist Lissa Johnson, “despite members of the public offering to give up seats for them.”

Cold-shouldering expert opinion can be counted as one of the weapons of the state in punishing whistleblowers and publishers. The State has always made it a bureaucratic imperative to sift the undesirable evidence from the apologetic message. Accepting Assange’s condition would be tantamount to admission on the part of UK authorities, urged on by the United States, that intolerable, potentially martyring treatment, has been meted out to a publisher.

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Binoy Kampmark was a Commonwealth Scholar at Selwyn College, Cambridge. He lectures at RMIT University, Melbourne. Email: bkampmark@gmail.com

24 October 2019

THE DECENT PROTESTER: A DOWN UNDER CREATION







23 August 2019

CONDESCENSION AND CLIMATE CHANGE: AUSTRALIA AND THE FAILURE OF THE PACIFIC ISLANDS FORUM


Condescension and Climate Change: Australia

Condescension and Climate Change: Australia and the Failure of the Pacific Islands Forum




Drawing by Nathaniel St. Clair
It was predictably ugly: in tone, in regret, and, in some ways, disgust. Australia emerged from the Pacific Islands Forum Leaders Meeting isolated, the true spoiler of the party which saw 17 states facing the obstinacy of one. It had taken place on Tuvalu, some two hours flight north of Fiji. The capital Funafuti is located on vanishing land; the island state is facing coastal erosion, the pressing issue of salinity, the very crisis of its existence.
Pacific Island leaders were already wise to the accounting cosmetics of Canberra’s accountants prior to the Forum. It reeked, for instance, of a gesture for permissive pollution to the tune of $500 million: we give you money to boost “resilience” and sandbag your countries against rising water levels; we will keep polluting and emitting with expanded fossil fuel projects because that is what we are good at.
Alex Hawke, Australia’s Minister for International Development and the Pacific, called the cash promise the “most amount of money Australia has ever spent on climate in the Pacific”. As Tuvalu Prime Minister Enele Sopoaga explained, “No matter how much money you put on the table, it doesn’t give you the excuse not to do the right thing.” That right thing was a reduction in emissions, “including not opening your coal mines”.
The PIF leaders were also aware about what disruptive role Australia was going to play. Australian politicians of the past and present have done little to endear themselves to a forum they have only recently felt more interest in because of China’s increasingly conspicuous presence. In 2015, when Tony Abbott held the reins of power, his culturally challenged immigration minister Peter Dutton, in conversation with the prime minister, quipped rather darkly that “time doesn’t mean anything when you’re about to have water lapping at your door.” The remark was a response to a meeting on Syrian refugees which had been running late, or on “Cape York time”, as he put it.
Ahead of the leaders’ forum, an annotated draft of the Pacific Islands Forum declaration revealed a sprinkling of qualifications, repudiations and rejections on the part of the Australian delegation. The comments from August 7 sought to restrict any total decarbonisation, bans on the future use of coal power plants, opt out clauses for the 1.5C limit in temperature rise, phasing out fossil fuel subsidies and the very mention of the term climate change.
When it came to proceedings, Prime Minister Scott Morrison showed his true garish colours: Australia was a small contributor to emissions; it was a global problem, and so others had to do more. In short, the weak excuse of any emission producing state. Besides, he kept trumpeting, Australia was a leading investor in the sector of renewables.
Back in Australia, the Australian broadcaster and regular vulgarian Alan Jones was busy attacking the leaders of the gathering, most notably New Zealand prime minister Jacinda Ardern, who had suggested that Australia “had to answer the Pacific” on the climate change issue. A sock, he suggested, should have been strategically placed down her throat. He subsequently suggested that this was a “wilful misrepresentation of what I said obviously distract from the point that she was wrong about climate change and wrong about Australia’s contribution to carbon dioxide levels.”
Fiji’s Prime Minister Frank Bainimarama was sickeningly unimpressed, having expressed open admiration for New Zealand’s efforts to combat climate change. “Easy to tell someone to shove a sock down a throat when you’re sitting in the comfort of a studio. The people of the Pacific, forced to abandon their homes due to climate change, don’t have that luxury. Try saying it to a Tuvaluan child pleading for help.”
Michael McCormack, Australia’s Deputy Prime Minister, added the most revealing touch on Australia’s position at the PIF during a revealing business function in the rural town of Wagga Wagga on Friday. (McCormack, it should be noted, is on record as disputing evidence of an increase in global temperatures.) With an address heavy with bruising paternalism, he thought the PIF leaders were bellyaching, needlessly lamenting their fate. He admitted “getting a bit annoyed when we have people in those sorts of countries pointing the finger at Australia and saying we should be shutting down all our resources sector so that, you know, they will continue to survive.” He had little doubt they would continue to do so, due to the “large aid assistance from Australia” and “because their workers come here and pick our fruit, pick our fruit grown with hard Australian enterprise and endeavour and we welcome them and we always will.” The only think lacking in the statement was a Boris Johnson-styled garnish: a reference to cannibalism, or the toothy water melon smiles.
A neat summary of the entire encounter between the Pacific Island leaders and Australia was provided by Tuvalu’s Sopoaga. “You [Scott Morrison] are concerned about saving your economy in Australia… I am concerned about saving my people in Tuvalu.”
The final communique proved lukewarm and non-committal, a feeble reiteration of existing understandings that climate change was a serious matter. Bainimarama supplied an acid opinion on the final text. “We came together in a nation that risks disappearing to the seas, but unfortunately, we settled for the status quo of our communique. Watered-down climate language has real consequences – like water-logged homes, schools, communities, and ancestral burial grounds.” Sopoaga was even more dramatic in assessing the response to the weakened language of the communique. “There were serious arguments and even shouting, crying, leaders were shedding tears.”
Sadly, the main Australian opposition party would not have done much better. Efforts on the part of Senator Penny Wong to claim a drastically different Labor approach must be put to rest. This is a party torn on the subject of King Coal, energy costs and renewables.
The hysterical aspect to PIF is that Australia’s denuding contribution will only serve to damage its own interests. In the short-term, Chinese diplomats will be delighted by the self-sabotaging efforts of the Morrison government. Beijing’s Special Envoy to the Pacific, Ambassador Wang Xuefeng, was on hand to tell the forum that “no matter how the international situation evolves, China will always be a good friend, partner and brother of Pacific Island Countries.” Expect a surge of interest towards the PRC in the forthcoming months.
A longer term consequence is also impossible to ignore. Fine to joke about having refugee islanders pick the fruit of your country, but to do so requires places to grow fruit. Rising sea levels may will cause the dreaded vanishing of the island states, but it will also submerge a good deal of Australia’s precariously placed coastal cities. What a bitter, if not deserved outcome that would be.
Dr. Binoy Kampmark was a Commonwealth Scholar at Selwyn College, Cambridge. He lectures at RMIT University, Melbourne. Email: bkampmark@gmail.com

More articles by:
Binoy Kampmark was a Commonwealth Scholar at Selwyn College, Cambridge. He lectures at RMIT University, Melbourne. Email: bkampmark@gmail.com

and the Failure of the Pacific Islands Forum



Drawing by Nathaniel St. Clair
It was predictably ugly: in tone, in regret, and, in some ways, disgust. Australia emerged from the Pacific Islands Forum Leaders Meeting isolated, the true spoiler of the party which saw 17 states facing the obstinacy of one. It had taken place on Tuvalu, some two hours flight north of Fiji. The capital Funafuti is located on vanishing land; the island state is facing coastal erosion, the pressing issue of salinity, the very crisis of its existence.
Pacific Island leaders were already wise to the accounting cosmetics of Canberra’s accountants prior to the Forum. It reeked, for instance, of a gesture for permissive pollution to the tune of $500 million: we give you money to boost “resilience” and sandbag your countries against rising water levels; we will keep polluting and emitting with expanded fossil fuel projects because that is what we are good at.
Alex Hawke, Australia’s Minister for International Development and the Pacific, called the cash promise the “most amount of money Australia has ever spent on climate in the Pacific”. As Tuvalu Prime Minister Enele Sopoaga explained, “No matter how much money you put on the table, it doesn’t give you the excuse not to do the right thing.” That right thing was a reduction in emissions, “including not opening your coal mines”.
The PIF leaders were also aware about what disruptive role Australia was going to play. Australian politicians of the past and present have done little to endear themselves to a forum they have only recently felt more interest in because of China’s increasingly conspicuous presence. In 2015, when Tony Abbott held the reins of power, his culturally challenged immigration minister Peter Dutton, in conversation with the prime minister, quipped rather darkly that “time doesn’t mean anything when you’re about to have water lapping at your door.” The remark was a response to a meeting on Syrian refugees which had been running late, or on “Cape York time”, as he put it.
Ahead of the leaders’ forum, an annotated draft of the Pacific Islands Forum declaration revealed a sprinkling of qualifications, repudiations and rejections on the part of the Australian delegation. The comments from August 7 sought to restrict any total decarbonisation, bans on the future use of coal power plants, opt out clauses for the 1.5C limit in temperature rise, phasing out fossil fuel subsidies and the very mention of the term climate change.
When it came to proceedings, Prime Minister Scott Morrison showed his true garish colours: Australia was a small contributor to emissions; it was a global problem, and so others had to do more. In short, the weak excuse of any emission producing state. Besides, he kept trumpeting, Australia was a leading investor in the sector of renewables.
Back in Australia, the Australian broadcaster and regular vulgarian Alan Jones was busy attacking the leaders of the gathering, most notably New Zealand prime minister Jacinda Ardern, who had suggested that Australia “had to answer the Pacific” on the climate change issue. A sock, he suggested, should have been strategically placed down her throat. He subsequently suggested that this was a “wilful misrepresentation of what I said obviously distract from the point that she was wrong about climate change and wrong about Australia’s contribution to carbon dioxide levels.”
Fiji’s Prime Minister Frank Bainimarama was sickeningly unimpressed, having expressed open admiration for New Zealand’s efforts to combat climate change. “Easy to tell someone to shove a sock down a throat when you’re sitting in the comfort of a studio. The people of the Pacific, forced to abandon their homes due to climate change, don’t have that luxury. Try saying it to a Tuvaluan child pleading for help.”
Michael McCormack, Australia’s Deputy Prime Minister, added the most revealing touch on Australia’s position at the PIF during a revealing business function in the rural town of Wagga Wagga on Friday. (McCormack, it should be noted, is on record as disputing evidence of an increase in global temperatures.) With an address heavy with bruising paternalism, he thought the PIF leaders were bellyaching, needlessly lamenting their fate. He admitted “getting a bit annoyed when we have people in those sorts of countries pointing the finger at Australia and saying we should be shutting down all our resources sector so that, you know, they will continue to survive.” He had little doubt they would continue to do so, due to the “large aid assistance from Australia” and “because their workers come here and pick our fruit, pick our fruit grown with hard Australian enterprise and endeavour and we welcome them and we always will.” The only think lacking in the statement was a Boris Johnson-styled garnish: a reference to cannibalism, or the toothy water melon smiles.
A neat summary of the entire encounter between the Pacific Island leaders and Australia was provided by Tuvalu’s Sopoaga. “You [Scott Morrison] are concerned about saving your economy in Australia… I am concerned about saving my people in Tuvalu.”
The final communique proved lukewarm and non-committal, a feeble reiteration of existing understandings that climate change was a serious matter. Bainimarama supplied an acid opinion on the final text. “We came together in a nation that risks disappearing to the seas, but unfortunately, we settled for the status quo of our communique. Watered-down climate language has real consequences – like water-logged homes, schools, communities, and ancestral burial grounds.” Sopoaga was even more dramatic in assessing the response to the weakened language of the communique. “There were serious arguments and even shouting, crying, leaders were shedding tears.”
Sadly, the main Australian opposition party would not have done much better. Efforts on the part of Senator Penny Wong to claim a drastically different Labor approach must be put to rest. This is a party torn on the subject of King Coal, energy costs and renewables.
The hysterical aspect to PIF is that Australia’s denuding contribution will only serve to damage its own interests. In the short-term, Chinese diplomats will be delighted by the self-sabotaging efforts of the Morrison government. Beijing’s Special Envoy to the Pacific, Ambassador Wang Xuefeng, was on hand to tell the forum that “no matter how the international situation evolves, China will always be a good friend, partner and brother of Pacific Island Countries.” Expect a surge of interest towards the PRC in the forthcoming months.
A longer term consequence is also impossible to ignore. Fine to joke about having refugee islanders pick the fruit of your country, but to do so requires places to grow fruit. Rising sea levels may will cause the dreaded vanishing of the island states, but it will also submerge a good deal of Australia’s precariously placed coastal cities. What a bitter, if not deserved outcome that would be.
Dr. Binoy Kampmark was a Commonwealth Scholar at Selwyn College, Cambridge. He lectures at RMIT University, Melbourne. Email: bkampmark@gmail.com

More articles by:
Binoy Kampmark was a Commonwealth Scholar at Selwyn College, Cambridge. He lectures at RMIT University, Melbourne. Email: bkampmark@gmail.com

10 July 2016

SATRAP GUILT: AUSTRALIA,IRAQ AND THE CHILCOT INQUIRY


Satrap Guilt: Australia, Iraq and the Chilcot Inquiry

The release of the Chilcot Iraq Inquiry, examining the feeble reasons for launching a war against a sovereign state in 2003, did not merely land former British Prime Minister Tony Blair in the soup. It suggested that other leaders should keep him in drowning company.

The most obvious culprit was the person who led it all, US President George W. Bush. The other was former Australian Prime Minister John Howard. The 12 volumes and 2.6 million words do little to exonerate either.[1]

Evident in the apologetics over the Iraq War lie are notions of pure belief, detached from foundations of reason. There was no intention to deceive (this, being palpably untrue); there was a genuinely held sense that war was necessary. The show, in other words, was being run by fanatics.

The evidence (is there such a thing post-Iraq?), certainly after the attacks of September 11, 2001, was the overwhelming desire to rechart the Middle East and affect regime change in Iraq. Blair and Howard complied with the Bush agenda, neither ever keen to go too much into the detail.

The few times that greater inquiry took place, it was grim, as Blair’s own meditation on possible consequences shows. “Suppose it got militarily tricky… suppose Iraq suffered unexpected civilian casualties… suppose the Arab Street finally erupted.” The law of unintended consequences indeed.

Howard had little time to dwell on the idea of mendacity, claiming it had nothing to do with the deployment of troops to Iraq. Rather awkwardly, he resorted to a familiar tactic: blaming the intelligence community for getting it wrong. Never mind the actual decision maker who needed to see such intelligence in total context. “There was no lie. There were errors in intelligence, but there was no lie.”[2]

Ever the Pilate washing his hands, Howard cherry picked from the Chilcot Inquiry to add a bit more soap to his cleansing wash. One fact stood out for him: the lack of evidence suggesting that intelligence dossiers had been doctored, or sexed-up, as it was then termed.

“The joint intelligence committee, which is the broad equivalent in the United Kingdom of the Office of National assessments in Australia, accepted ownership of the dossier and agreed its content.”

This also shows the inability, or perhaps refusal, of Howard to have made his own decisions on the subject without further verifying what was, even then, a shoddy case. “I can’t put myself in Tony Blair’s mind. I have no reason to disbelieve what he’d said. I always found him a thoroughly honourable and honest person to deal with.”

Even by the standards of the day, such an assessment on Howard’s part was astonishing, relegating the Australian decision making process to the sovereign realm of Washington and London. It was sufficient to accept that the dossier was not unduly corrupted by the addition of improper material or that “Number 10 improperly influenced the text.”

For all that, there were Cassandras within Australia, and fellow traveller Britain, worried that too much certainty, spurred on by “belief”, was replacing genuine intelligence.

One such figure was Andrew Wilkie, now a returned independent member of the Australian parliament. Having been an intelligence officer within the Office of National Assessments and subsequent whistleblower on the dubious intelligence practices he bore witness to, the Tasmanian MP insisted that Australia needed its own variant of Chilcot.

“Until we have an effective inquiry into the invasion of Iraq… then people like John Howard and [former foreign minister] Alexander Downer and others won’t be properly scrutinised and held to account.”[3]
One crucial loss in this entire affair is evident. Instead of offering wise restraining counsel, holding back that “crazy man Bush,” as Paul McGeough described him, Howard and Blair applied the varnishing reassurance. “By not restraining the US president, each was an enabler in Washington’s worst ever foreign policy blunder.”[4]

They were more than that. Both became fellow buccaneers and adventurers, the very type of war makers scorned by the US Supreme Court justice Robert Jackson, a key figure in the prosecution at the Nuremberg war crimes trials in 1945. Never again, urged Jackson, should war be treated in a chivalric or romantic fashion.   Instead, it could be deemed conspiratorially murderous, a slight against civilization itself waged by bandits.

While the Chilcot Inquiry does not purport to generate legal implications (its greatest weakness), it sets the groundwork for potential legal proceedings that might be launched not merely in Britain, but participating countries. Lawyers representing former servicemen who died in the conflict are pouring over the details, wondering whether command responsibility can be discerned.

Wilkie insists on a specific international court, one that would compel the defendants to “try to prove their innocence because all of those people who do accuse them of war crimes I think make a pretty compelling case.”

Doing so in the International Criminal Court would be a difficult thing, given its limitations relative to the Nuremberg International Military Tribunal. But the crime against peace remains a burning issue, recognized as part of international law, and prosecutable locally. None of the leaders are out of the woods of judicial inquiry just yet.

Notes.

[1] http://www.iraqinquiry.org.uk/the-report/
[2] http://www.abc.net.au/news/2016-07-07/chilcot-inquiry-john-howard-responds/7577306
[3] http://www.abc.net.au/news/2016-07-07/wilkie-blames-bali-bombing-lindt-siege-on-iraq-war-involvement/7576480
[4] http://www.smh.com.au/world/chilcot-report-the-mindboggling-incompetence-of-bush-blair-and-howard-laid-bare-20160706-gq06hy.html

Binoy Kampmark was a Commonwealth Scholar at Selwyn College, Cambridge. He lectures at RMIT University, Melbourne. Email: bkampmark@gmail.com

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90 years old, political gay activist, hosting two web sites, one personal: http://www.red-jos.net one shared with my partner, 94-year-old Ken Lovett: http://www.josken.net and also this blog. The blog now has an alphabetical index: http://www.red-jos.net/alpha3.htm

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