[image: Logo Venezuela Analysis] UNASUR Supports Ecuador over London
Embassy Assault Threat

Aug 20th 2012, by Ewan Robertson / MINCI
[image: UNASUR foreign ministers declared their solidarity with Ecuador in
its diplomatic dispute with Britain (archive)]

UNASUR foreign ministers declared their solidarity with Ecuador in its
diplomatic dispute with Britain (archive)

Mérida, 20th August 2012 (Venezuelanalysis.com) – The Union of South
American States (UNASUR) threw its support behind Ecuador in its diplomatic
dispute with Britain over Wikileaks founder Julian Assange, after a meeting
of UNASUR foreign ministers yesterday in Guayaquil, Ecuador.

Last Thursday 16 August Ecuador granted Assange diplomatic asylum in its
London embassy due to fears his human rights could be violated if
extradited to Sweden to face sexual assault charges.

The day before, Ecuadorian foreign minister Ricardo Patino read out a
British diplomatic letter which informed the Ecuadorian government “You
need to be aware that there is a legal base…that would allow us to take
actions in order to arrest Mr Assange in the current premises of the
Embassy”.

Yesterday, foreign ministers of the twelve-member UNASUR bloc released a
statement calling for “respect for sovereignty and strict compliance with
international treaties”.

The statement also noted that the ministers “manifest their solidarity with
and support for the Government of the Republic of Ecuador in light of the
threat of the violation of the space of their diplomatic mission”.

Venezuela’s foreign minister, Nicolas Maduro, declared the declaration of
“historic character,” continuing that “they [Britain] have threatened one
of our brothers [Ecuador] and the difference now is that we have decided to
be free, to live as united peoples and that brotherhood and solidarity are
imposed”.

The minister also expressed his hope that the Organisation of American
States (OAS), which includes the United States as a member, would be able
to agree a similar declaration of support for Ecuador in the dispute.

Below is the complete statement agreed by UNASUR foreign ministers
yesterday.

*Statement*

The Council of Foreign Ministers of the Union of South American Nations
(UNASUR), at an extraordinary meeting in the city of Guayaquil, Ecuador, on
August 19, 2012, consider:

That the Ecuadorian minister of foreign relations, commerce and trade
informed the Council that the citizen Julian Assange requested political
asylum at the Embassy of the Republic of Ecuador in London on June 19,
2012, an issue regarding which the governments of Ecuador, the United
Kingdom and Sweden have sustained diplomatic conversations surrounding the
request for Assange’s extradition and his request for asylum;

That Ecuador was analysing the request for asylum in accordance with the
principles of human rights protections and international law;

That on August 15 the Government of the Republic of Ecuador publicly
announced having received from the United Kingdom an aide memoire
threatening “to take actions to arrest Mr. Assange at the current location
of the Embassy” and invoking its domestic law in the Diplomatic and
Consular Premises Act of 1987;

That according to article 22 of the Vienna Convention on Diplomatic
Relations of 1961 – of which the United Kingdom is a signatory – that “The
premises of the mission shall be inviolable. The agents of the receiving
State may not enter them, except with the consent of the head of the
mission,” and that “The premises of the mission, their furnishings and
other property thereon and the means of transport of the mission shall be
immune from search, requisition, attachment or execution”;

That according to the principles enshrined in the United Nations Charter,
States should abstain from resorting to the threat or use of force or
acting in any other manner that is incompatible with the purposes of the
United Nations in their international relations, and should solve their
differences peacefully;

That the United Nations Security Council, in its Press Release SC/10463
dated November 29, 2011, condemned in the strongest terms violations of
diplomatic immunity and recalled the fundamental principle of the
inviolability of the diplomatic missions and consular offices of receiving
States in relation to what is established in the 1961 Vienna Convention of
on Diplomatic Relations and the 1963 Convention on Consular Relations.

*The Council of Foreign Ministers of UNASUR hereby*:

1. Manifest their solidarity with and support for the Government of the
Republic of Ecuador in light of the threat of the violation of the space of
their diplomatic mission.

2. Reiterate the sovereign right of states to grant asylum.

3. Emphatically condemn the threat of the use of force among States and
reiterate the full validity of the principles enshrined in international
law, respect for sovereignty and strict compliance with international
treaties.

4. Reaffirm the basic principle of the inviolability of the spaces of
diplomatic missions and consular offices and the obligation of receiver
States, in relation to what is established in the 1961 Vienna Convention on
Diplomatic Relations and the 1963 Convention on Consular Relations.

5. Reaffirm the principle of international law, by virtue of which domestic
law may not be invoked in order to fail to comply with an international
law, as is reflected in article 27 of the Vienna Convention on the Law of
Treaties of 1969.

6. Reiterate the validity of the institutions of asylum and refuge that
protect the human rights of   persons that consider their life or physical
integrity to be threatened.

7. Urge the Parties to continue a dialogue and direct negotiation to
procure a mutually acceptable solution in accordance with international law.

Guayaquil, Ecuador

UNASUR / August 19, 2012

*Venezuelanalysis.com note: The members of the UNASUR are: Argentina,
Bolivia, Brazil, Chile, Colombia, Guyana, Ecuador, Uruguay, Paraguay, Peru,
Suriname and Venezuela.*
 ------------------------------
*Source URL (retrieved on 20/08/2012 - 7:09pm):*
http://venezuelanalysis.com/news/7188
----------------------------
http://nsarchive.wordpress.com/2012/08/17/document-friday-escape-to-a-foreign-embassy/
 Document Friday: Escape to a Foreign Embassy
August 17, 2012
 tags: assange <http://nsarchive.wordpress.com/tag/assange/>, Belgian
Embassy <http://nsarchive.wordpress.com/tag/belgian-embassy/>, Chen
Guangcheng <http://nsarchive.wordpress.com/tag/chen-guangcheng/>, department
of state <http://nsarchive.wordpress.com/tag/department-of-state/>, Document
Friday <http://nsarchive.wordpress.com/tag/document-friday/>,
Documents<http://nsarchive.wordpress.com/tag/documents/>,
Ecuador <http://nsarchive.wordpress.com/tag/ecuador/>,
guatemala<http://nsarchive.wordpress.com/tag/guatemala/>,
Julian Assange <http://nsarchive.wordpress.com/tag/julian-assange/>,
London<http://nsarchive.wordpress.com/tag/london/>,
National Security
Archive<http://nsarchive.wordpress.com/tag/national-security-archive/>,
United States <http://nsarchive.wordpress.com/tag/united-states/>
by Emily Willard <http://nsarchive.wordpress.com/author/ewillard/>

*Under what circumstances is a country’s sovereign territory not
its sovereign territory?* Recent news about the use of foreign embassies as
places of refuge has caught my attention as it brings up fascinating
nuances of diplomatic law <http://www.bbc.co.uk/news/magazine-17905985> and
international political protocol.
<http://nsarchive.files.wordpress.com/2012/08/20120430_chen-guangcheng_39.jpg>

Chen Guangcheng, a Chinese human rights lawyer who sought refuge in the
U.S. Embassy in Beijing earlier this year.

The two most notable recent cases being that of Chinese human rights
lawyer Chen
Guangcheng<http://www.spiegel.de/international/world/spiegel-interview-with-chinese-activist-chen-guangcheng-a-831702.html>who
spent 6 days in the U.S. embassy in Beijing and  Wikileak’s
founder Julian Assange <http://www.bbc.co.uk/news/uk-18652422> who is
currently camping out in Ecuador’s embassy in London. Eventually, Chen
Guangcheng was offered a fellowship at New York University, and the Chinese
government allowed him to travel to the
U.S.<http://www.bbc.co.uk/news/world-asia-18135039>with his family to
accept the position because he was facing persecution
from the Chinese government for his human rights work. Just yesterday, the
Ecuador government granted Assange
asylum<http://www.npr.org/templates/story/story.php?storyId=158909419>because
“Assange faces a serious threat of unjust prosecution at the hands
of U.S. 
officials.”[1]<http://nsarchive.wordpress.com/2012/08/17/document-friday-escape-to-a-foreign-embassy/#_ftn1>As
of today, it is still
unclear <http://www.bbc.co.uk/news/world-19259623> whether or not British
officials will allow Assange to leave the country.

All of this has reminded me about an amazing story of a Guatemalan labor
union leader, Álvaro René Sosa,  who escaped capture and sought refuge in
the residence of the Belgian Ambassador in Guatemala City in March of 1984.
Today’s spotlight document is a Department of State Cable from March 14,
1984, that recounts the harrowing incident.

To briefly set the context, from 1960-1996, Guatemala was in the middle of
an intense internal armed conflict in which approximately 40,000 people
were disappeared, and nearly 200,000 were killed.  The UN Truth Commission
report, Memory of
Silence<http://shr.aaas.org/guatemala/ceh/report/english/toc.html>concluded
that during the conflict, the Guatemalan security forces
committed acts of genocide against the indigenous Mayan people. In the late
1970s and early 1980s right-wing death squads closely linked to government
security 
forces<http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB363/docs/Document%206%20-%20GU00995.pdf>wreaked
havoc among the urban political dissident groups and the leftist
movement. In February 1984, about a month before Álvaro tested foreign
embassy sovereignty laws, a U.S. embassy
memo<http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB363/docs/Document%207%20-%20GU01000.pdf>warned
of a “new wave of violence” and death squad activity.

On March 11, 1984, Álvaro was captured by a group of men while he was
walking on the street in Zone 11 of Guatemala City; he recognized one of
the men to be a Guatemalan military
official.[2]<http://nsarchive.wordpress.com/2012/08/17/document-friday-escape-to-a-foreign-embassy/#_ftn2>Álvaro
had become one of the 40,000 disappeared. However, four days later,
on March 13,Guatemala security forces were driving Álvaro around the city
so he could identify other political dissidents for the security forces to
abduct.  When the vehicle stopped to attempt to capture other suspected
dissidents, Álvaro jumped out of the
vehicle<http://gt.globedia.com/guatemala-martirez-justicia>and over
the low wall of the residence of the Belgian Ambassador while his
captors fired at him, wounding him…
 <http://nsarchive.files.wordpress.com/2012/08/doc-crop-1.jpeg>

excerpt #1 of Department of State cable recounting Sosa’s daring escape to
the residence of the Belgian Ambassador.
 <http://nsarchive.files.wordpress.com/2012/08/doc-crop-2.jpeg>

excerpt #2
 <http://nsarchive.files.wordpress.com/2012/08/doc-crop-3.jpeg>

excerpt #3 of Department of State cable recounting Sosa’s daring escape.

See the full DOCUMENT
here<http://nsarchive.files.wordpress.com/2012/08/cable.pdf>
.

The Belgian Ambassador was able to secure him safe passage to the hospital
to undergo surgery on his gunshot wounds; he was also treated for injuries
sustained from torture that was a part of his interrogation during his
detention.[3]<http://nsarchive.wordpress.com/2012/08/17/document-friday-escape-to-a-foreign-embassy/#_ftn3>It
ended up being the Venezuelan Embassy that provided Álvaro with
assistance in leaving
Guatemala[4]<http://nsarchive.wordpress.com/2012/08/17/document-friday-escape-to-a-foreign-embassy/#_ftn4>because
the Belgian Embassy did not have and asylum agreement with
Guatemala. On March 21, eight days after the incident, Álvaro was able to
leave Guatemala for Canada where he was granted political asylum.
Venezuela, Ecuador, and Mexico had also offered him  political
asylum.[5]<http://nsarchive.wordpress.com/2012/08/17/document-friday-escape-to-a-foreign-embassy/#_ftn5>Two
years ago, Álvaro returned to Guatemala to accept a formal apology and
pardon from the Guatemalan
government.[6]<http://nsarchive.wordpress.com/2012/08/17/document-friday-escape-to-a-foreign-embassy/#_ftn6>

The story does not end there. In 1999, an anonymous source gave the
National Security Archive a secret Guatemalan military document, the *Diario
Militar (Military
Logbook)<http://www.gwu.edu/~nsarchiv/guatemala/logbook/index.htm>
* that lists the capture and fate of over 183 of Guatemala’s disappeared.
In the process of analyzing the *Diario Militar*, National Security Archive
analysts used declassified US documents and human rights reporting to prove
the authenticity of the *Diario. *This Department of State Cable was used
to corroborate the validity of the *Dario Militar* because Álvaro’s capture
and escape is listed in the Logbook.
 <http://nsarchive.files.wordpress.com/2012/08/dm-entry.jpeg>

Sosa’s entry, an excerpt from the in the Diario Militar. The handwritten
text in pencil says that on 13 March 1984 Sosa escaped to the Belgian
Embassy, and that on 21 March 1984, he left Guatemala for Canada.

See full *Diario Militar *(Military Logbook)
here.<http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB15/dossier-color.pdf>

The fact that Álvaro was able to escape and bring himself back from being
one of the 40,000 disappeared was a miraculous feat. His testimony to the
Inter-American Commission on Human Rights provided invaluable information
about the Guatemalan government’s practices of forced disappearances,
interrogation, torture, and extra-judicial execution. He was able to
identify other victims in the detention facility, enabling families to
discern the fates of their loved ones, including labor leader Amancio
Villatoro 
<http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB363/index.htm>.[7]<http://nsarchive.wordpress.com/2012/08/17/document-friday-escape-to-a-foreign-embassy/#_ftn7>Had
it not been for the diplomatic laws regarding embassy sovereignty,
asylum agreements, and the good will of other nations, Álvaro would have
remained one of the 40,000 disappeared, and we wouldn’t have this amazing
story today.

** The document featured in this “Document Friday” is available in the
National Security Archive’s published collection, Death Squads, Guerrilla
War, Covert Operations, and Genocide: Guatemala and the United States,
1954-1999 <http://nsarchive.chadwyck.com/collections/content/GU/intro.jsp>.
The collection is available by subscription, so be sure to check your local
or university library system for access.
------------------------------

[1]<http://nsarchive.wordpress.com/2012/08/17/document-friday-escape-to-a-foreign-embassy/#_ftnref1>
http://www.npr.org/templates/story/story.php?storyId=158909419

[2]<http://nsarchive.wordpress.com/2012/08/17/document-friday-escape-to-a-foreign-embassy/#_ftnref2>
http://gt.globedia.com/guatemala-martirez-justicia

[3]<http://nsarchive.wordpress.com/2012/08/17/document-friday-escape-to-a-foreign-embassy/#_ftnref3>Amnesty
International, Guatemala:
The Human Rights Record (London, Amnesty International Publications, 1987),
pgs. 119-120, 126

[4]<http://nsarchive.wordpress.com/2012/08/17/document-friday-escape-to-a-foreign-embassy/#_ftnref4>Based
on interview with Ana Lucia Cuevas, director of the film “Echo
of the Pain of the
Many<http://www.facebook.com/pages/El-Eco-del-Dolor-de-Mucha-GenteTo-Echo-the-Pain-of-the-Many/119073521447246>,”
and personal survivor of the conflict.

[5]<http://nsarchive.wordpress.com/2012/08/17/document-friday-escape-to-a-foreign-embassy/#_ftnref5>
http://gt.globedia.com/guatemala-martirez-justicia

[6]<http://nsarchive.wordpress.com/2012/08/17/document-friday-escape-to-a-foreign-embassy/#_ftnref6>Based
on interview with Ana Lucia Cuevas, director of the film “Echo
of the Pain of the
Many<http://www.facebook.com/pages/El-Eco-del-Dolor-de-Mucha-GenteTo-Echo-the-Pain-of-the-Many/119073521447246>,”
and personal survivor of the conflict.

[7]<http://nsarchive.wordpress.com/2012/08/17/document-friday-escape-to-a-foreign-embassy/#_ftnref7>Amnesty
International, Guatemala:
The Human Rights Record (London, Amnesty International Publications, 1987),
pgs. 119-120

---------------

http://www.bloggingsbyboz.com/2012/08/assange-and-other-asylum-cases.html#!/2012/08/assange-and-other-asylum-cases.html
  Aug
16
 <http://www.bloggingsbyboz.com/2012/08/assange-and-other-asylum-cases.html>
Assange
and other asylum
cases<http://www.bloggingsbyboz.com/2012/08/assange-and-other-asylum-cases.html>
<http://www.blogger.com/post-edit.g?blogID=8381038&postID=2241146031273767599&from=pencil>
Ecuador has called for every acronym in the hemisphere (OAS, UNASUR, ALBA,
UN, etc.) to hold immediate meetings regarding the Julian Assange asylum
case and the issue of its embassy in the UK.

Leaving aside the specifics of that case for a moment, one of the secondary
consequences of this event is that it could bring up questions about a
whole host of other recent high profile political asylum, embassy refuge,
and extradition cases around the hemisphere that have occasionally impacted
bilateral relations.

Some examples from the past five years (all very much simplified, the
details in all these cases are quite complicated):

   - Manual Rosales, the presidential candidate for the Venezuelan
   opposition in 2006, was granted asylum in Peru after the Venezuelan
   government brought corruption charges against him.
   - Peru has also granted asylum to a number of former Bolivian government
   ministers who are wanted by that government.
   - Former Bolivian President Goni Sanchez de Lozada is still living free
   in the US, in spite of Bolivia's extradition requests.
   - Venezuela is still deciding about Julian Conrado. The Colombian
   government wants Conrado extradited from Venezuela due to his links with
   the FARC and involvement in crimes and terrorism. Conrado's supporters say
   he's just a journalist and musician who sympathizes with the group.
   - Former Peruvian President Fujimori tried to hide in Chile, but was
   eventually extradited to Peru to be tried for his crimes.
   - Nicaragua granted political asylum to Alberto Pizango, the Peruvian
   indigenous leader who was wanted by the government for his role during the
   Bagua conflict. After he was given asylum, the government granted him safe
   passage from the Nica embassy out of the country. He returned to Peru 11
   months later and was arrested.
   - Former Honduran President Zelaya hid in the Brazilian embassy in
   Tegucigalpa for months during the 2009 coup. Brazil never officially
   granted him asylum, but did allow him to remain in the embassy for several
   months until the government of President Lobo took office.

Perhaps the biggest impact of the Assange debate could be on an ongoing
political asylum case in Bolivia. Senator Roger Pinto has been living in
the Brazilian embassy in La Paz for 80 days, having been granted asylum by
Brazil but not offered safe passage by Bolivia. The Bolivian government
wants to try him on various corruption charges. Pinto says it is a
political persecution related to his revealing information about ties
between the government and drug traffickers (the fact he's a target for
having revealed information about the government makes the parallels even
more significant). He also has produced evidence that he has received
credible death threats.

For ALBA to credibly argue that the UK must offer safe passage to Assange,
Bolivia should relent and offer safe passage to Pinto. Brazil could make
this a condition at UNASUR in exchange for its support of Ecuador. It's a
case to watch, a sideshow in the bigger process that's being watched
internationally.

In every instance, you'll hear, "But this case is different because....".
Yes, yes, every asylum case is different. Yet, there are similarities. In
every case, one side claims there have been various crimes committed that
must be prosecuted while the other claims political persecution. Balancing
justice for crimes against potential abuse of power by governments is
tough. Sure, we all think we know it when we see it when it comes to asylum
cases, but many people disagree about the cases listed above and others.

It would be good for the hemisphere to have the broader debate about
political asylum. When should it be allowed, when should it be denied, on
what evidence do we differentiate the cases, and what happens when
countries disagree about a specific case?
 Posted 4 days ago by boz<http://www.blogger.com/profile/13233148632004720002>
Labels: Ecuador <http://www.bloggingsbyboz.com/search/label/Ecuador>
latinamerica <http://www.bloggingsbyboz.com/search/label/latinamerica>


[Non-text portions of this message have been removed]



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