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UN expert defends Assange article criticizing Swedish police

A UN human rights expert, under fire for a controversial article about the rape allegations facing Julian Assange, told AFP on Tuesday he stands by claims that Swedish police sought to "silence" the WikiLeaks founder.

UN expert defends Assange article criticizing Swedish police
Julian Assange following a court hearing in London in 2019. Photo: AP Photo/Matt Dunham

The United Nations special rapporteur on torture and other cruel, inhuman or degrading treatment, Nils Melzer, has been one of Assange's most vocal defenders since the Australian whistleblower's April arrest in London.

Last week, Melzer posted a blog on the platform Medium that cast doubt on rape and sexual assault accusations made by two Swedish women against Assange and accused Swedish police of serious misconduct. The blog has triggered an uproar.

As of Tuesday, 272 human rights lawyers, activists and others had signed a letter denouncing Melzer's post as “unbecoming of a UN mandate-holder.”

READ ALSO: UN expert accuses Sweden of 'collective persecution' of AssangeUN expert accuses Sweden of 'collective persecution' of Assange
UN torture rapporteur Nils Mezler announcing a report in March. Photo: Salvatore Di Nolfi/AP/TT

The Swedish allegations against Assange stem from encounters in August 2010. One woman accused him of deliberately ripping a condom during intercourse, against her will, but charges in that case were dropped when the statute of limitations expired.

A second allegation involves a woman who accused Assange of initiating sex with her while she was sleeping without wearing a condom. The statute of limitations in that rape case expires next year.

In the blog, Melzer wrote that the two incidents were “not exactly scenarios that have the ring of 'rape' in any language other than Swedish,” which the UN expert speaks fluently.

The activists' letter said Melzer had demonstrated “not only insensitivity to victims of sexual assault, but also a profound lack of understanding that does a disservice to the mandate he represents.”

The letter demands a response from top UN officials, including the High Commissioner for Human Rights, Michelle Bachelet. Bachelet's office did not reply to request for comment.

'No one cares' 

In an interview with AFP, Melzer said he regretted that his article had caused “misunderstandings”, adding: “But I fully stand by the substance.”

Melzer said that he has seen substantial evidence, including police reports, demonstrating that Swedish authorities inflated the accusations against Assange for political reasons.

“All the indications I see here, they really point to the deliberate abuse of the judicial system to silence Assange,” he said.

READ ALSO: 

In particular, Melzer claimed the second alleged victim went to police only to compel Assange to take an HIV test and that police initiated a rape complaint “contrary to the accounts and wishes” of the woman affected.

The alleged rape victim's lawyer, Elisabeth Massi Fritz, did not immediately respond to a request for comment on Melzer's post.

Assange, who took refuge in Ecuador's embassy in London for seven years to avoid a British extradition order to Sweden, was arrested on April 11th after Quito gave him up. Swedish authorities then reopened their 2010 rape investigation, which had been closed in 2017 with the argument that it was not possible to proceed with the probe as Assange could not be reached.

Melzer said Sweden's interest in justice in the rape case was undermined by the fact that it had done nothing to force accountability for the possible war crimes Assange and WikiLeaks exposed.

“No one cares about those,” said Melzer, who has visited Assange in his British prison.
Melzer, like all UN special rapporteurs, is an independent rights expert who does not speak for the world body.  

By AFP's Ben Simon

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CRIME

Top-ranking Syrian military official to face trial in Sweden

The highest-ranking Syrian military official ever to be tried in Europe was set to face court in Sweden on Monday.

Top-ranking Syrian military official to face trial in Sweden

Sixty-five-year-old former Syrian brigadier general Mohammed Hamo, who lives in Sweden, stands accused of “aiding and abetting” war crimes during Syria’s civil war, which can carry a sentence of life in jail.

The war in Syria between Bashar al-Assad’s regime and armed opposition groups, including the Islamic State, erupted after the government repressed peaceful pro-democracy protests in 2011.

It has killed more than half a million people, displaced millions, and ravaged the country’s economy and infrastructure.

According to the charge sheet, Hamo contributed – through “advice and action” – to the Syrian army’s warfare, “which systematically involved indiscriminate attacks on several towns or places in the area in and around the towns of Hama and Homs”.

The charges concern the period of January 1st to July 20th, 2012 and the trial is expected to last until late May.

Prosecutors say that the Syrian army’s “warfare has included widespread air and ground attacks by unknown perpetrators within the Syrian army”.

The prosecution argues that strikes were carried out without distinction – as required by international law – between civilian and military targets.

In his role as a brigadier general and head of an armament division, he allegedly helped with the coordination and supply of arms to units, enabling the carrying out of orders on an “operational level”.

Hamo’s lawyer, Mari Kilman, told AFP that her client denied committing a crime but said she did not wish to comment further ahead of the trial.

Several plaintiffs are due to testify at the trial, including Syrians from the cities in question and a British photographer who was injured during one of the strikes.

‘Complete impunity’

“The attacks in and around Homs and Hama in 2012 resulted in widespread civilian harm and an immense destruction of civilian properties,” Aida Samani, senior legal advisor at rights group Civil Rights Defenders, told AFP.

“The same conduct has been repeated systematically by the Syrian army in other cities across Syria with complete impunity,” she continued.

This trial will be the first in Europe “to address these types of indiscriminate attacks by the Syrian army”, according to Samani, who added that it “will be the first opportunity for victims of the attacks to have their voices heard in an independent court”.

Hamo is the highest-ranking military official to actually go on trial in Europe, but other European countries have also tried to bring charges against even more senior members.

In March, Swiss prosecutors charged Rifaat al-Assad, an uncle of president Bashar al-Assad, with war crimes and crimes against humanity.

However, it remains unlikely Rifaat al-Assad – who recently returned to Syria after 37 years in exile – will show up in person for the trial, for which a date has yet to be set.

Swiss law allows for trials in absentia under certain conditions.

Last November, France issued an international arrest warrant for Bashar al-Assad himself, who stands accused of complicity in crimes against humanity and war crimes over chemical attacks in 2013.

Three other international warrants were also issued for the arrests of Bashar al-Assad’s brother Maher, the de-facto chief of the Fourth Division – an elite military unit of the Syrian army – and two generals.

In January of 2022, a German court sentenced former Syrian colonel Anwar Raslan to life in jail for crimes against humanity in the first global trial over state-sponsored torture in Syria, which was hailed by victims as a victory for justice.

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