on attention -- berufung

Prüfungsschema

den Tod verdient nach Spionage Act (+)

1 nicht notwendig Staatsbürger (+)

2 nicht notwendig Tat auf eigenem Territorium (+)

Spionage (+)

3 Legitimität durch Verfahren (+)

a) auswärtiges Amt (+)

Arg. Rechtsstaatlichkeitsvermutung 

b) Leumund (+)

aa) Fäkalien geschmiert und sich an Frauen vergriffen (+)

Arg. Beweislast beim Vergewaltiger insb. in Schweden / Unschuldsvermutung (-)

(1) tatsächlich (-)

(2) mutmaßlich, genügt (+)

c) Equador (+)

aa) ursprünglich (-)

bb) nach Machtwechsel (+)

Arg. 4 Mio. $ sind gegen ein Menschenleben eintauschbar

d) Trump (+)

aa) ursprünglich (+)

bb) nach Machtwechsel (-), tba

Sachverhalt (Auszug)

At the end of May, on May 31, 2019, the United Nations' Special Representative for Torture and Human Rights, Nils Melzer, appears in front of the cameras and describes his observations on the Assange case. He sounds the alarm. Assange shows, without exception, all characteristics of a person who has been subjected to psychological torture over a long period of time. The psychiatrist who accompanied him on his visit to the prison warned that the pressure Assange was and is under must be reduced. Otherwise irreparable damage to body and mind will most likely result. He was not surprised that Assange was currently unable to attend his trial hearings due to his health. His mental and physical health was in dire straits before his arrest and has deteriorated rapidly since then. The four states that are instrumental in his situation have received formal letters from Melzer asking them to abide by the Conventions on Torture and to rehabilitate and compensate Mr. Assange. If he is extradited to the USA, the UN special envoy is at risk of a political show trial with a certain end. (Cf. V109) Assange is a person of the highest media interest and is guaranteed to make headlines on every story published. It is therefore not surprising that there are also pictures of him from prison. On June 7, 2019, a video from the maximum security prison will appear, which was apparently filmed in secret by one of Assange's fellow inmates. It shows the man with freshly cut hair and beard in an incomprehensible, friendly conversation with another prisoner. There is also a brief look inside the cell Assange was assigned to. It is small, very sparse, and the floor is very messy with books and magazines. (See V110) A month later, more video recordings from the time will be published in the embassy. On July 9th, 2019 the Spanish newspaper El Pais shows for the first time recordings of the meeting between Assange and his lawyers. In addition, it is shown how a visitor log kept by the security staff documented exactly to the minute who was going in and out. The confidential talks between attorney and client were held in the embassy women's bathroom because of espionage concerns. The video shows Assange in a white bathrobe. (Cf. V111) What is happening in Great Britain is also being discussed in Germany. At a (BPK) on August 12th, 2019, the government spokesman Steffen Seibert commented on the question of how to stand on the allegations of the Australian journalist John Pilger that Assange's detention conditions are unsustainable. He is in solitary confinement, his health is deteriorating more and more dramatically and he is denied any right to consult lawyers or to prepare a defense. This assessment is not an official one, so Seibert. That's why he doesn't want to give an official reaction. In the opinion of the representative Ms. Adebahr present, the (AA) is not responsible for judging the conditions of the Australian's detention in the maximum security prison in London. (See V112) One month later, nine days before the end of his sentence on September 13, 2019, Judge Baraitser sentenced Assange again to a high security prison because of an acute risk of escape. His status is now changing from someone serving a sentence to someone waiting to be extradited. (See Q63) On October 21, 2019, recordings were made in the police car in which he was driven back to prison from a court hearing on the same day. A shaved, visibly confused and mentally battered Assange looks back at the camera. He is massively blinded by the camera light and thanks the people who call him a hero. Through the scratched pane, he silently forms the words: "Fight for me." (Cf. V113) On November 19, 2019, Sweden will stop the last investigations against Assange. "There is insufficient evidence for a conviction." (Cf. V114) In Germany, the Assange case is attracting increasing attention and is becoming an uninvited ongoing topic in the (BPK). On November 25, 2019, the federal government was asked by a reporter whether the reports of the UN Special Representative on Torture and Human Rights had meanwhile been read. In the last inquiries, this was answered in the negative by several parties. The reply from Ms. Adebahr of the Foreign Office (AA) to this is and remains even after an urgent question: "My answer is that we have confidence in the British judiciary [..]" (cf. V115) When asked again a few days later on December 2nd, 2019, the (AA) replied that Mr. Melzer was now visiting, but that it was a normal working visit. The case of Assange is also mentioned

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GFF: Wir kämpfen für einen umfassenden Schutz von Whistleblower*innen https://www.youtube.com/watch?v=2K4KuwUlNsY