This is a breaking story… Please check back for possible updates…
Human rights advocates on Thursday sharply condemned the Supreme Court’s decision that the U.S. government can block the testimony of two former Central Intelligence Agency contractors for a Polish criminal investigation into the torture of a Guantánamo Bay detainee.
“Basically, the Supreme Court has allowed the CIA to decide what can be said in court about the torture of prisoners in CIA black sites,” tweeted Jameel Jaffer, director of the Knight First Amendment Institute at Columbia University. “It’s really a disgraceful abdication of responsibility.”
Abu Zubaydah was captured in Pakistan and has been in U.S. custody since 2002. His attorneys are trying to hold Polish officials accountable for the torture he endured at a CIA facility in Stare Kiejkuty, Poland before being transferred in 2006 to Guantánamo Bay, where he remains.
In a 7-2 decision, the Supreme Court ruled that the U.S. government can use the “state secrets privilege” to prevent the questioning of the contractors, James Elmer Mitchell and John Bruce Jessen.
In a pretty extraordinary dissent, Gorsuch, joined by Sotomayor, says the government wants to dismiss this suit to conceal evidence that it “brutally” tortured Zubaydah (which is true).
“Today’s ruling will make it much harder, going forward, for victims of government misconduct that occurs in secret to obtain evidence helping to prove that the conduct was unlawful,” said Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law.
“Although this case, specifically, is a narrow dispute about specific evidence concerning the CIA’s alleged torture of Abu Zubaydah in Poland,” Vladeck explained, “it’s likely to have far broader and more troubling ramifications going forward.”
Was the government of Australia aware of the US Central Intelligence Agency plot to assassinate Julian Assange, an Australian citizen and journalist arrested and now imprisoned under unrelentingly bleak, harsh conditions in the UK?
Why have the country’s elected leaders refused to publicly advocate for one of its citizens, who has been held on dubious charges and subjected to torture by a foreign power, according to UN Special Rapporteur on Torture Nils Melzer? What does Canberra know about Julian’s fate and when did it know it?
The Grayzone has obtained documents revealing that the Australian government has since day one been well-aware of Julian’s cruel treatment inside London’s maximum security Belmarsh Prison, and has done little to nothing about it. It has, in fact, turned a cold shoulder to the jailed journalist despite hearing his testimony of conditions “so bad that his mind was shutting down.”
Not only has Canberra failed to effectively challenge the US and UK governments overseeing Assange’s imprisonment and prosecution; as these documents expose in stark detail, it appears to have colluded with them in the flagrant violation of an Australian citizen’s human rights, while doing its best to obscure the reality of his situation from the public.
On knowledge of CIA plot against Assange, Australia’s Department of Foreign Affairs issues snide non-denial denial
In the wake of Yahoo News’ startling September revelations of CIA plans to surveil, kidnap, and even kill WikiLeaks founder Julian Assange, which confirmed and built upon a May 2020 exposé by The Grayzone’s Max Blumenthal, officials in the NATO-oriented ‘Five Eyes’ global spying network struggled to get their stories straight.
William Evanina, Washington’s top counterintelligence officer until his retirement in early 2021, told Yahoo the Five Eyes alliance was “critical” to Langley’s dastardly plot, and “we were very confident” that Julian’s potential escape from the Ecuadorian Embassy in London could be prevented, by hook or by crook.
When asked whether the US had ever briefed or consulted the government of Julian’s native Australia on the operation, however, Australia’s Department of Foreign Affairs and Trade (DFAT) dodged the question. For his part, Malcolm Turnbull, the Australian Prime Minister at the time of these deadly deliberations, claimed, “the first I heard about this was in today’s media.”
It is certainly possible that elected officials in Canberra were kept in the dark about the CIA’s proposals. Australian Prime Minister Gough Whitlam was unaware of the very existence of Five Eyes until 1973, 17 years after his country became a signatory to the network’s underpinning UKUSA agreement, following police raids on the offices of domestic spying agency the Australian Security Intelligence Organization, due to its withholding of information from the government.
Whether or not Turnbull was aware of the operation, DFAT’s response when a member of Julian’s family contacted the Department demanding Australian Foreign Minister Marise Payne ask the Biden administration to drop the charges against him, and seeking comment on the Yahoo article, was disturbingly flippant.
“Just because it’s written in a newspaper doesn’t mean it’s true…the CIA has been accused of a lot of things, including faking the Moon landing,” a DFAT official quipped in a classic non-denial denial.
These crude remarks were recorded in a letter sent to Payne by John Shipton, Julian’s father. The missive is just one of many documents provided exclusively to Grayzone by Kellie Tranter, Julian’s legal authority in Australia.
For years, Tranter has filed freedom of information requests with the Australian government in a campaign to uncover its true position on Julian, and to what extent its intimate alliance with Washington has limited its ability or willingness to push for his freedom.
The documents acquired by Tranter expose Canberra as anything but an advocate for Assange, the Australian citizen. Instead, throughout Julian’s time in the Ecuadorian Embassy, and imprisonment at Her Majesty’s Pleasure in Belmarsh high security prison – “Britain’s Gitmo” – the Australian government has been determinedly committed to seeing, hearing, and speaking no evil in his regard, despite possessing clear evidence of his dramatically waning physical and mental health, and the torturous conditions of his confinement.
Assange informs Canberra of US violations of his rights: ‘This action was illegal’
The records of a brief visit by Australian consulate officers to Belmarsh on May 17th 2019, one month after Assange’s dramatic expulsion from the Embassy, are especially illustrative of Canberra’s attitude. Over the course of that meeting, Assange spoke in detail about prison conditions and his 23-hour-a-day solitary confinement.
“He remains in his cell most of the day, with 40 minutes allocated each day for ‘associations’,” the Australian consular officials noted. “He is allowed outside for 30 minutes each day, although he said at times this does not happen,” for reasons unstated. Unable to eat at all “for a long period,” he was now ingesting “small amounts”, collecting meals from the kitchen and returning to his cell.
Permitted just two personal visits each month, plus legal consultations, Assange mentioned his recent meeting with Nils Melzer and two medical experts specialized in examining potential victims of torture and other ill-treatment, and that he had so far been unable to speak to his family.
The WikiLeaks co-founder eschewed work programs “which would afford him the opportunity to get out of his cell more often,” according to the diplomats, on the grounds that he refused to engage in “slave labour” and needed time to prepare his legal case. Prisoners in British jails earn an average of $13 per week for hard, thankless toil on behalf of big business, which in turn profits immensely from their rank exploitation.
While mercifully prescribed antibiotics and codeine by prison doctors for an infected root canal, which can be life-threatening in the event the infection spreads, Assange was still waiting on reading glasses and had yet to see an optometrist. The jailed journalist went on to describe how one senior officer “has it in for me,” showing his visitors a charge sheet indicating that a search of his cell uncovered a razor blade, and he’d failed to tidy it after an inspection.
A third infraction of any sort “would result in exercise privileges being withdrawn,” the document states. Possibly fearing reprisal, Assange asked that officials not raise these matters with prison authorities. Evidently, what might typically be considered an unambiguous indication of suicidal intentions was instead logged as a simple disciplinary matter.
Adding to his psychological toll, Assange reported that he had undergone blood tests, and been advised he was HIV-positive, a shocking diagnosis. However, subsequent examinations confirmed the test result to be a false positive, forcing Assange to wonder if the misdiagnosis was a mere error, or “something else.” It could well have been a grotesquely sick mind game, perhaps alluding to the bogus sexual assault allegations he had faced in Sweden, and intended to drive him toward madness.
Assange also presented the Australian consular officials with a recently-published UK Home Office deportation notice, informing him then-Secretary of State Sajid Javid had determined under the 1971 UK Immigration Act that his presence in the UK “was not conducive to the public interest, and he would be removed from the UK without delay,” with no chance of appealing the decision.
“Mr. Assange expressed concern about surviving the current process and fears he would die if taken to the US. He claimed the US was going through his possessions that had remained at the Ecuadorian Embassy. He said that this action was illegal,” the officers wrote. “He stated that his possessions included two valuable artworks he planned to sell to raise funds for his legal defence, the manuscripts of two books, and legal papers. He expressed concern his legal material would be used against him by the US.”
Assange was correct that sensitive documents were stolen by US authorities. Immediately following his arrest, his attorney Gareth Peirce contacted the Ecuadorian Embassy regarding this privileged material, demanding it be handed over as a matter of urgency. When at last his property was collected, all legal papers were missing save for two volumes of Supreme Court files “and a number of pages of loose correspondence,” making his extradition defense an even greater challenge than it already was.
Over the course of Julian’s initial extradition hearings in early 2020, assistant US attorney for the Eastern District of Virginia Gordon Kromberg implausibly pledged a “taint team” would excise material from these files so it would not be used in any resultant trial. Similarly feeble “assurances” of this ilk were offered during the recent appeal proceedings.
Conversely, there has so far been no unconvincing public guarantee against the abuse of any information illicitly obtained by UC Global, a CIA contractor, from its extensive surveillance of the Embassy. The Spanish private security firm went as far as bugging the building’s female bathroom, where the WikiLeaks founder conducted discussions with his lawyers, away from prying ears and eyes – or so he hoped.
Despite his situation, Julian somehow retained a vague shred of optimism about the future in discussions with consular officials, suggesting that the result of Australia’s federal election, which was held the very next day, “may present a window for a new government to do something supportive for his case,” asking that Marise Payne be briefed on developments.
As it was, Scott Morrison’s Liberal National Coalition retained its grip on power – and no alarm was publicly raised about anything learned over the course of the consular visit. Indeed, remaining tight-lipped on Julian’s suffering, no matter how horrendous, was to be a matter of dedicated policy.
Australia’s DFAT denies any role in “progressively severe abuse” of Assange
On May 30th that year, WikiLeaks’ made the shock announcement that Julian had been moved to Belmarsh’s medical ward, expressing “grave concerns” about the state of his health. Almost immediately, DFAT’s Global Watch Office fired off an internal email drawing attention to the post.
The following day, UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Nils Melzer proclaimed “the collective persecution of Julian Assange must end here and now!” The international legal veteran added that, “in 20 years of work with victims of war, violence and political persecution,” he had “never seen a group of democratic states ganging up to deliberately isolate, demonize and abuse a single individual for such a long time and with so little regard for human dignity and the rule of law.”
Next, Melzer fulminated against a “relentless and unrestrained campaign of public mobbing, intimidation and defamation” by the US, UK, Sweden and Ecuador, which had subjected him to “persistent, progressively severe abuse ranging from systematic judicial persecution and arbitrary confinement in the Ecuadorian embassy, to his oppressive isolation, harassment and surveillance inside the embassy.”
In response, Australia’s DFAT issued a statement rejecting any suggestion Canberra was “complicit in psychological torture or has shown a lack of consular support” in Assange’s regard, claiming to be “a staunch defender of human rights and strong advocate for humane treatment in the course of judicial processes,” and expressing confidence that he was “being treated appropriately.”
Due to “privacy considerations” allegedly extended to all consular clients, the Department declined to divulge any further details related to his physical or mental state.
It added that the Australian High Commission in London “previously raised any health concerns identified with Belmarsh prison authorities and these have been addressed,” with further inquiries made following Julian’s move to the health ward.
The documents provided to The Grayzone indicate Canberra did indeed make repeated enquiries to Belmarsh by phone and mail in the wake of Wikileaks’ announcement, all of which went unanswered for six straight days. So why did Australia’s High Commissioner not intervene, and demand immediate clarity on an issue of literal life-and-death urgency?
Whatever the reason for the Australian government’s foot-dragging, a consular file dated August 8th that year records how Shipton wrote to advise that Julian had been readmitted to Belmarsh’s sick bay, and a lawyer was drafting a letter to Marise Payne, requesting DFAT “use its diplomatic sources to seek an independent medical assessment (ie outside the prison).”
Then, 11 days later, Shipton mentioned that Julian’s brother, Gabriel, had recently visited the prison and was distressed by Assange’s “deteriorating condition,” leading him to write letters to both Australian Governor General David Hurley and Morrison raising his fears.
On October 21st, Assange appeared in court for a pre-trial hearing in his extradition case. As was widely reported in the mainstream media, he appeared frail and discombobulated, struggling to recall his own name and date of birth when asked by the judge. When the presiding justice enquired whether he even knew what was happening, Assange responded, “not exactly,” indicating conditions in Belmarsh left him unable to “think properly.”
“I don’t understand how this is equitable,” the imprisoned journalist stated. “I can’t research anything, I can’t access any of my writing. It’s very difficult where I am.”
Assange’s attorney, Mark Summers, argued that his initial extradition hearing, scheduled for February 2020, should be delayed by three months due to the complexity of the case – “the evidence…would test the limits of most lawyers,” he said, and discussed the immense difficulty of communicating with his client in the jail, given he lacked access to a computer.
The judge denied the request. As a result, Julian would be deprived of “the most basic of access to the bare minimum needs for proper representation” until just weeks prior to the hearing.
Assange attorney warns Australia’s DFAT of “impending crisis”
Three days later, Assange attorney Gareth Peirce wrote to the High Commission, asserting that if consular representatives had attended court, “they will have undoubtedly noted what was clear for everyone present in court to observe” – that her client was “in shockingly poor condition…struggling not only to cope but to articulate what he wishes to articulate.”
Unbelievably, a DFAT report on the proceedings unearthed by Tranter made no mention whatsoever of Julian’s disheveled appearance, or his clearly frayed mental state.
Peirce went on to argue that under the circumstances, it was unsurprising Julian had not authorized prison officials to provide the Australian government with information regarding his medical treatment, which had been “been grossly and unlawfully compromised over some time, including, disturbingly, even whilst he has been in Belmarsh prison, false information on at least one occasion having been provided to the press by very obviously internal sources.”
“We hope that what we are able to say…will be accepted by you as having been based on close observation, including by independent professional clinicians..Every professional warning provided to the prison, including by at least one independent doctor called in by Belmarsh, has been ignored,” she wrote. “We would be pleased to meet with you at any stage if by intervention in what is now an impending crisis [emphasis added], you can contribute to its amelioration and avoidance.”
And so it was that consular officials visited Belmarsh November 1st. In their exchange, Assange criticized false statements made to the media by DFAT which suggested he had rejected offers of their support.
Next, he revealed that a prison doctor was “concerned” about his condition. In fact, Assange said his psychological state was “so bad that his mind was shutting down,” with his near-permanent isolation making it impossible for him “to think or to prepare his defence.”
He did not even have a pen with which to write, was unable to do any research, could not receive documents during legal visits, and all his mail was read by prison officials before it was given to him.
The next month, Professor Michael Kopelman, emeritus professor of neuropsychiatry at King’s College London, prepared a report on Julian’s psychiatric state based on meetings throughout his first six months in Belmarsh, conversations with his parents, friends, colleagues and Stella Morris, his partner and mother of his two children.
As was revealed in Judge Vanessa Baraitser’s January ruling on the US extradition request, Kopelman diagnosed Julian with a severe recurrent depressive disorder, which was occasionally accompanied by psychotic features such as hallucinations, and frequent suicidal thoughts.
His symptoms furthermore included loss of sleep and weight, impaired concentration, a persistent feeling of being on the verge of tears, and state of acute agitation in which he paced his cell until exhausted, punching his head or banging it against the wall.
Assange commented to Kopelman that he believed his life was not worth living, he thought about suicide “hundreds of times a day,” and had a “constant desire” to self-harm or commit suicide, describing plans to kill himself that the professor considered “highly plausible.”
Calls to The Samaritans, a UK charity helpline providing emotional support to those in emotional distress, struggling to cope, or at risk of suicide, were “virtually” a nightly occurrence, and on occasions when he had not been able to reach them, Assange had slashed his thigh and abdomen to distract from his sense of isolation.
Kopelman concluded that, if Assange was held in solitary confinement in the US for a prolonged period, his mental health would “deteriorate substantially resulting in persistently severe clinical depression and the severe exacerbation of his anxiety disorder, PTSD and suicidal ideas,” not least because various “protective factors” available to him in the UK would be absent Stateside.
“For example, he speaks to his partner by telephone nearly every day and, before lockdown, was visited by her and his children, various friends, his father, and other relatives…[Kopelman] considered there to be an abundance of known risk factors indicating a very high risk of suicide,” Baraitser recorded. “He stated, ‘I am as confident as a psychiatrist ever can be that, if extradition to the US were to become imminent, Mr. Assange will find a way of suiciding.’”
The professor’s reports were fundamental to the extradition order’s rejection – a surprising outcome, given Baraitser previously approved extradition in 96% of cases upon which she has ruled.
Nonetheless, she accepted every other argument and charge put forward by the Department of Justice, in effect criminalizing a great many entirely legitimate journalistic activities, and setting the chilling precedent that citizens of any country can be extradited to the US for alleged breaches of its national laws, therefore implying Washington’s legal jurisdiction is global in scale.
Files on Australia’s DFAT discussions with US Secretary of State redacted in full
In response to the ruling, Australia’s Shadow Attorney General Mark Dreyfus issued a forceful statement, declaring the opposition Labor party believed “this has dragged on for long enough,” particularly given Julian’s “ill-health,” and demanding the Morrison administration “do what it can to draw a line under this matter and encourage the US government to bring this matter to a close.”
Conversely, DFAT published a characteristically laconic, soulless note, stating merely that Australia was “not a party to the case and will continue to respect the ongoing legal process,” and rehashing previous false claims that Julian had rejected multiple offers of consular assistance.
Canberra was simply silent when in June, the Icelandic publication Stundin revealed in detail how a “superseding indictment” levelled against Assange in September 2020, which charged that he and others at WikiLeaks “recruited and agreed with hackers to commit computer intrusions,” was based largely on the admittedly false testimony of fraudster, diagnosed sociopath and convicted pedophile Siggi Thordarson, who had previously embezzled vast sums from WikiLeaks and been recruited by the FBI to undermine its founder from within.
There is good reason to believe the Australian government knew the indictment was coming. In July that year, Foreign Minister Payne met with CIA director Mike Pompeo at an Australia–US Ministerial Consultations convention, “the principal forum for bilateral consultations” between the country and the US.
Tranter submitted freedom of information requests for details of that rendezvous, but the documents she received in return were fully redacted. As were files released to her relating to the Foreign Minister’s summit with Secretary of State Antony Blinken in May 2021.
It was almost certain that Assange was a subject of these meetings. DFAT claims Payne “raised the situation” when she met Blinken again in September, and the minister herself alleges she specifically discussed Australia’s “expectations” regarding Assange’s treatment with UK Foreign Secretary Dominic Raab when he visited Canberra in February 2020. Tranter requested records related to this meeting too, but was told none existed.
Upon Julian’s arrest, Prime Minister Morrison alleged he would receive “the same treatment that any other Australian would get.”
“When Australians travel overseas and then find themselves in difficulties with the law, they face the judicial systems of those countries,” Morrison said. “It doesn’t matter what particular crime it is that they’re alleged to have committed, that’s the way the system works.”
However, an internal email dated April 5th 2019 secured by Tranter from the Australian Attorney General’s office was shot through with contempt for the Wikileaks co-founder. The note asserted, “FYI – Assange might be evicted. Not sure if his lawyers will make any (not very convincing) [emphasis added] arguments about Australia’s responsibilities to him but thought it was worth flagging.”
As usual, Australian officials said nothing in public about Assange’s imminent abduction.
Assange’s treatment, and the total lack of outrage over his incarceration, prison conditions, blatant procedural abuses engaged in by Washington in their relentless pursuit of him, and CIA plans to kidnap and/or murder the WikiLeaks founder, diverges starkly from Australia’s approach to Kylie Moore-Gilbert, an Australian-British academic jailed in Iran for 10 years on questionable charges of espionage in September 2018.
Behind the scenes, Australian diplomats struggled for almost two years to secure her release, eventually brokering a prisoner swap, under which she was traded for three Iranian inmates in Thailand – two of whom were convicted in connection with a 2012 bombing plot in Bangkok. In a statement, Foreign Minister Payne expressed relief that Moore-Gilbert was finally free as a result of “professional and determined work,” noting Canberra had “consistently rejected” the grounds on which she was detained.
Meanwhile, the Australian government has consistently reinforced Washington’s position on Assange. In fact, officials have on occasion gone even further than their US counterparts in publicly condemning him and his actions.
In December 2010, then-Prime Minister Julia Gillard declared WikiLeaks’ release of US diplomatic cables meant Assange was “guilty of illegality,” and that Federal Police were investigating, to offer “advice about potential criminal conduct of the individual involved.” To be fair to Canberra though, elected representatives there may effectively have no choice in the matter.
According to investigative journalist Duncan Campbell, each Five Eyes member theoretically has the right to veto a request for signals intelligence collected on an individual, group or organization collected by another. However, Campbells explained, “when you’re a junior ally like Australia or New Zealand, you never refuse,” even in situations when there are concerns about what ostensible allies may do with that sensitive information.
The documents obtained by Tranter and provided to The Grayzone provide an unobstructed view of the Australian junior ally’s betrayal of one of its citizens to the imperial power that has hunted him for years. As Julian Assange’s rights were violated at every turn, Canberra appears to have been complicit.
Six Dutch men have been arrested after a Franco-Dutch police operation to crack the EncroChat encrypted text app led authorities to seven shipping containers outfitted as grisly torture chambers and cells near the Belgian border.
Police arrested six men after snooping on their alleged plans to kidnap and take hostage fellow criminals, discussed in detail over EncroChat for months, Dutch authorities revealed on Tuesday. The kidnappers were apparently quite meticulous in their planning, with several “teams” preparing to snatch up their victims and one “observation team.” The authorities conducted their raid on June 22, swooping in right as it seemed the men were ready to strike – through their assumed victims had been tipped off by police and gone into hiding.
The men have been detained on suspicion of preparing for kidnapping, hostage taking, serious abuse and extortion, and participation in a criminal enterprise. Two of the suspects also face weapons charges. They have been ordered held for 90 days by the Amsterdam court.
Following the criminals’ digital trail led to the discovery of the horrific containers in Wouwse Plantage, which included six detention cells and one torture chamber outfitted with a dentists’ chair complete with restraints.
The detention cells were soundproofed, with handcuffs attached to the floors and ceilings, and torture tools like scalpels, saws, and pruning shears were found onsite.
Heat-insulating foil covered the walls. A warehouse onsite concealed several stolen delivery vans and fast getaway cars.
Video of the police raid shows the heavily-armed team blasting open the warehouse door and finding the disturbing setup after breaking down other doors inside.
Another shed used by the group in Rotterdam contained over two dozen weapons, as well as police clothing, bulletproof vests, and other police accoutrements like flashing lights. Some 24 kilograms of MDMA was also found onsite. The selection of goods suggested the men intended to kidnap at least some of their victims by setting up roadblocks and pretending to be cops.
Some 800 arrests have been made across Europe since the decryption of EncroChat, which had 60,000 subscribers and was based in France, promising “worry-free secure communications” to its users.
According to the UK’s National Crime Agency, however, it was a “criminal marketplace” used by gangs around the world for money laundering, selling drugs and other illicit merchandise, and plotting against rival gangs. The raids based on information from EncroChat have led to over 27 tons of drugs seized in the UK and Netherlands.
“As far as I'm concerned, it's a damned shame that a field as potentially dynamic and vital as journalism should be overrun with dullards, bums, and hacks, hag-ridden with myopia, apathy, and complacence, and generally stuck in a bog of stagnant mediocrity.” -Hunter Thompson