Peter Kemp – Open Letter to those inciting Murder Upon Julian Assange

OPEN LETTER

Submitted by Supreme Court of NSW Lawyer Peter Kemp on Tue, 12/28/2010 – 04:58

OPEN LETTER

TO:

THOSE INCITING MURDER UPON JULIAN ASSANGE AND/OR MEMBERS OF HIS FAMILY.

We, among many law abiding citizens of the world deplore and condemn, as applicable, your utterances and writings calling for the extra judicial ie unlawful: kidnapping/assassination/murder/physical harm of Julian Assange, his supporters, Wikileaks workers or members of Assange’s family.

We remind you of the laws in your country and others against incitement, inter alia:

Common law:

In English criminal law, incitement was an anticipatory common law offence and was the act of persuading, encouraging, instigating, pressuring, or threatening so as to cause another to commit a crime….The inciter must intend the others to engage in the behaviour constituting the offence, including any consequences which may result, and must know or believe (or possibly suspect) that those others will have the relevant mens rea.”

Codified Incitement Law:
(1) Australian Commonwealth
11.4 Incitement
(1) A person who urges the commission of an offence is guilty of the offence of incitement.
(2) For the person to be guilty, the person must intend that the offence incited be committed.

(2) Canada
464. Except where otherwise expressly provided by law, the following provisions apply in respect of persons who counsel other persons to commit offences, namely,(a) every one who counsels another person to commit an indictable offence is, if the offence is not committed, guilty of an indictable offence and liable to the same punishment to which a person who attempts to commit that offence is liable; and

(3) United Kingdom
(1)A person commits an offence if—
(a)he does an act capable of encouraging or assisting the commission of an offence; and
(b)he intends to encourage or assist its commission.

(4)USA
There is no automatic 1st Amendment protection per
Brandenburg v. Ohio, 395 U.S. 444 (1969):
Freedoms of speech and press do not permit a State to forbid advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action

We remind you that while such prima facie incitement by way of utterances and writings may go unpunished in your country, they will not necessarily go unpunished in others, and especially so should you have the courage of your convictions to repeat them in those other jurisdictions.

We ask you respectfully, to contemplate this writing of Mahatma Ghandi:

An error does not become truth by reason of multiplied propagation, nor does truth become error because nobody sees it. Truth stands, even if there be no public support. It is self sustained.

And that truth is that Julian Assange is no terrorist; he is not a war defined “belligerent” acting against the United States; he cannot ever be a “traitor”to the USA since by definition he is not a citizen of the United States.

And lastly as Ron Paul put it so well:
In a society where truth becomes treason, however, we are in big trouble. The truth is that our foreign spying, meddling and outright military intervention in the post-World War 2 era has made us less secure, not more, and we have lost countless lives and spent trillions of dollars for our trouble. Too often it’s the official government lies that have given us endless and illegal wars resulting in hundreds of thousands of deaths and casualties.

Yours Faithfully
Peter H Kemp
The Wikileaks Central Crew
And I believe, so many others all over the world.

http://wlcentral.org/node/725 – sourced online 28/12/2010

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11 Responses to “Peter Kemp – Open Letter to those inciting Murder Upon Julian Assange”

  1. Thanks for putting this up!

    It’s gratifying to know other Australians
    not only care about truth and a fair go but
    are prepared to get involved politically and
    in the blogsphere 🙂

    Peter Kemp

    • We are happy to hear from you Peter and felt the same gratitude when we read the strength of your commitment to truth and the application of your expertise to protect our right to know the truth. Although nothing short of a critical mass of activated citizens around the world will offer the necessary protection and changes, the influence of high level professionals who refuse to be co-opted and actively assert their expertise in service to our universal right to access to information is absolutely essential. Your voices lend great weight and confidence to the general citizenry to act. We are struggling to get the site clean and cohesive but we will achieve that and hope you continue to use it and consider it a positive contribution. Kaz Cochrane & Sam Castro

  2. blondewithaniqindisguise Reply 02/01/2011 at 6:09 pm

    I wholeheartedly echo your sentiments from Aotearoa New Zealand and agree that should those who have so done visit our shores we should collectively as a people prevent their entry as undesirables here no matter their status elsewhere..

  3. Thanks 🙂 And I forgot to say, feel free to use any
    material on Wikileaks Central (as long as
    you put a full link in as attribution–eg the
    letter above http://wlcentral.org/node/725)

    If you would like to sort through my blog:
    http://wlcentral.org/blog/944
    you are again welcome to copy the
    extradition articles there, with attribution.

    RE “critical mass of activated citizens”
    There are nearly 620,000 people
    following Wikileaks twitter feed and
    I believe it’s growing, and I’m confident
    that whatever happens, the world’s citizens
    have a part to play to see justice done.

    Cheers and best wishes for 2011, the
    Wikileaks saga has a long way to run I
    think.

    • Thank you Peter, especially for the short story 2084. We will certainly be posting your extradition articles – the more informed we all are in this area the better.

      We too believe the unfolding narrative of Wikileaks has a long way to go and we are still deeply concerned for our fellow citizen Julian Assange. Do you believe he will be extradited to Sweden?

      Best wishes to you and your family for 2011.
      Kaz Cochrane & Sam Castro

  4. At the moment I think the chances of extradition
    are 50/50. I have yet to do some more
    research on the cases relevant to the 2003
    European Arrest Warrant system to see if
    there are similar circumstances of an intra Euro
    extradition where the accused had never
    been charged.

    Chances are that extraditing
    without a charge, ie for the purposes of
    investigation only, is an abuse of the EAW
    system, or at the least is an arguable
    and a legally valid submission to the court.

    OTOH, while the strength of the prosecution
    case (lack of) is not ordinarily a factor in
    extradition proceedings, (but is in a bail
    application) there may well be human rights
    arguments from the Euro Convention on
    Human Rights ie abuse of process, abuse
    of Assange’s human rights (no brief of
    evidence served on him) that are allowed
    through the back door, so to speak.

    I anticipate that this matter will ultimately
    go up to the House of Lords (now Supreme
    Court) and could take more than a year.

    The joker in the pack is whenever & if the US
    springs their extradition request for
    conspiracy under their Espionage Act. Going
    by what has been recently revealed, the chat
    logs of Lamo/Manning do not reveal
    any conspiracy between JA and Manning.

    The US will be busting a gut to get Manning
    to incriminate JA, but my feeling is it won’t
    happen, simply because it would be
    perjury on Manning’s part.

    In any event, such a US request would
    likely hit the red lights of the UK’s
    (& EAW) legislation of being a political “crime”
    which would likely knock it out, all things
    being equal.

    It’ll make a grand TV series one day, don’t you
    think? 🙂

    • Yes it will make a great series or film – unless of course the Hollywood machine gets a hold of it and reconfigures the discourse as they have done repeatedly over the years in an attempt to reconfigure historical and cultural memory of particular events.

  5. samantha castro Reply 03/01/2011 at 11:57 am

    The final quote from Ron Paul is so spot on. Ultimately it appears that the American Government (if not all its citizens) believes its own hype that it is somehow a benevolent superpower that has the right to dictate to the world how to behave and react to its own countless ‘just wars’ in the name of freedom and democracy. The national identity of the USA seems predicated on collective amnesia and appears inextricably bound to its military prowess along with its global cultural and political dominance. However the wikileaks cables and the USA subsequent response of threatening its allies citizens, pressuring Banks, internet sites and CC companies in an attempt to shut down wikileaks – feels more like the actions of a corrupt dictatorship or a rogue superpower than that of a world leader, upholding freedom, human rights and democracy.

  6. Indeed Kasamcasrane.

    I agree with you there Samantha, it’s a disease
    of exceptionalism, that’s gone way OTT. So
    disappointing and sad departure from the
    magnanimity of the US in giving all a voice
    at the newly constructed UN immediately post
    WW2.

    The best antidote is to refer such exceptionalists
    to Lewis Black on youtube:

  7. samantha castro Reply 03/01/2011 at 1:19 pm

    Very funny. Sometimes laughter is the best medicine.

  8. Sorry slight hiccup that lost our page comments temporarily but all restored now.

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