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But the US system incorporates a political viewpoint deliberately as part of what it considers justice in the public interest. We, the UK, don’t decline extrad
by implements 6y ago
But the US system incorporates a political viewpoint deliberately as part of what it considers justice in the public interest.
We, the UK, don’t decline extraditions on that basis - the prosecution has to be manifestly unjust in the sense of no real case to answer, or the destination has to literally be a banana republic.
Supporters may hate this, but it’s not actually what’s at issue at this point in the legal process.
Yeah, obviously “he’s going down” but not because of bias - he’s simply not exceptional (or motivationally pure) enough to be above the system.
- DiogenesKynikos 6y ago> We, the UK, don’t decline extraditions on that basis The UK is required by the terms of the treaty to decline extradition on that basis. From the treaty,[1] > extradition shall not be granted if the competent authority of the Requested State determines that the request was politically motivated. There's no doubt about the political nature of the prosecution, so there's no doubt about what the outcome should be, unless there are extra-legal considerations at play in the decision. We're all watching the answer to the following question be played out in real time: "Will the UK extradite a person for politically motivated prosecution in the US, in flagrant violation of the UK-US extradition treaty?" 1. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/243246/7146.pdf https://assets.publishing.service.gov.uk/government/uploads/...
- tome 6y agoThat's interesting. I wonder if "politically motivated" is typically understood to encompass "acted against the general nebulous interests of the prevailing political and state apparatus".
- sudosysgen 6y agoErr, yes?
- tome 6y agoIs it really so clear cut? Suppose a KKK member had fled from the US to the UK and was trying to bring about the secession of the Confederacy from the Union to form a white supremacist state, and that part of his strategy was to selectively leak US state secrets. Should the UK refuse to extradite him because the extradition request is politically motivated?
- hdjdbtbgwjsn 6y agoPotentially. It depends on the facts of the case as well as the guarantees around execution and torture' But in any case if the US wants suspects extradited from western countries they should abolish the death sentence and stop torturing prisoners.
- tome 6y ago> in any case if the US wants suspects extradited from western countries they should abolish the death sentence and stop torturing prisoners. Personally I agree with that, but that doesn't impinge on the "politically motivate" crime issue, does it?
- hdjdbtbgwjsn 6y agoWhat crime? This is politically motivated punishment.
- tome 6y agoI believe the alleged crime is espionage. Espionage seems typically to have had a political motive historically. Does that mean that all such espionage charges should lead to denied extradition requests?
- hdjdbtbgwjsn 6y agoWhen the basis for the charge is political rather than factual like this one. Then usually yes.
- hdjdbtbgwjsn 6y agoThe USA started an illegal war. Assange exposed some of the war crimes (for which no one has faced justice). The USA wants revenge. They are acting like a banana republic and this extradition request should be treated as such.
- rbanffy 6y ago> the prosecution has to be manifestly unjust in the sense of no real case to answer, or the destination has to literally be a banana republic. I believe a case can be made for both.