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On-Topic Edward Snowden: NSA Whistleblower Revealed, Interview

You may want to reread those rights again, because they do have exceptions to them (more specifically, article 14 (2)). And has anyone shown that any of those have been denied Snowden yet?

Also, I'm glad you recognize this document as valid, since Article 8 shoots holes all in your argument of governments not giving you rights:



Seems like even the UN recognizes that fundamental rights are indeed granted by a Constitution and the law instead of being inherently bestowed by some Creator. But I'll give you an out, since that document is nothing more than a fancy piece of literary work. Not one country on this planet follows all 30 of those articles and no one is held legally liable for it. As it refers to itself at the top, it is merely "a common standard of achievement for all peoples and all nations..."


And this is relevant to the discussion how? Snowden is charged with a codified crime (several, actually) and is being sought to come back and answer for that crime. He is not being arbitrarily sought because of his political views or beliefs. There is a difference between persecution and prosecution and you can't hide behind one to avoid justice from the other.

Except since he isn't in the US, other countries are entitled to be satisfied that a crime has occurred, according to their standards. The "competent national tribunal" to decide that question is not in the States, it's in the country of his current location, or in any country that would have him.
 
Except since he isn't in the US, other countries are entitled to be satisfied that a crime has occurred, according to their standards. The "competent national tribunal" to decide that question is not in the States, it's in the country of his current location, or in any country that would have him.
Actually, no. If you read the article:

Article 8 of Universal Declaration of Human Rights said:
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

If Edward Snowden is alleging his rights under the US Constitution are being violated, then the competent national tribunal would be in the United States. That why it says "the" national tribunal and not "a" national tribunal. It's definitely not stating that you can break the law in one country and then run to another to be tried. And if you want to argue that his rights under the Universal Declaration of Human Rights have been violated, then he needs to present himseld to the UN. Extradition treaties and prosecution take place in the country in which the laws are alleged to have been violated. Not just that, but just about every country on the face of the earth has laws against leaking classified or protected government information.
 
tigerfan, it doesn't work that way. To give just one example of a very well entrenched process in international law. A murder suspect in the States flees to Canada. We have an extradition treaty. And Canadian courts recognise murder as a crime. But the death penalty is not compatible with the Charter of Rights and Freedoms in our constitution. So it becomes a matter of Canadian law being satisfied before the US could reclaim its suspect: the States would not be permitted to execute in the event of an eventual conviction. The Canadian court is the court of relevant jurisdiction because we physically have the person. If there was no crime under Canadian law, or if the punishment is illegal, no extradition will be possible.

That's what I mean when I say Snowden's recourse is to the laws and courts of the country where he happens to be. If leaking US secrets is not a crime where he happens to be, or if the proposed punishment is considered barbaric, or if it is considered a political persecution, then the view of US courts, or any US process under way, or any US charges brought, are irrelevant, because the national laws in whatever location he finds himself will be determinative.
 
tigerfan, it doesn't work that way. To give just one example of a very well entrenched process in international law. A murder suspect in the States flees to Canada. We have an extradition treaty. And Canadian courts recognise murder as a crime. But the death penalty is not compatible with the Charter of Rights and Freedoms in our constitution. So it becomes a matter of Canadian law being satisfied before the US could reclaim its suspect: the States would not be permitted to execute in the event of an eventual conviction. The Canadian court is the court of relevant jurisdiction because we physically have the person. If there was no crime under Canadian law, or if the punishment is illegal, no extradition will be possible.

That's what I mean when I say Snowden's recourse is to the laws and courts of the country where he happens to be. If leaking US secrets is not a crime where he happens to be, or if the proposed punishment is considered barbaric, or if it is considered a political persecution, then the view of US courts, or any US process under way, or any US charges brought, are irrelevant, because the national laws in whatever location he finds himself will be determinative.
It does indeed work that way. While there is some consideration made of punishment possibilities (many countries believe the death penalty violates the declared human right of right to life), which laws they can choose to extradite on are stated specifically in the extradition treaty. That is also where you find the condition of the death penalty not being imposed in writing. Countries can't just decide at random to not extradite someone because their law doesn't cover crimes specifically committed in the US (i.e. such as Venezuela having a law against leaking US secrets.) I take that back, they can do that but they've violated the treaty at that point which itself comes with consequences.

So US laws are not irrelevant. Countries of course can choose to violate an agreement or not, but violating the agreement is generally not in the best interest of that country and doesn't happen very often.
 
It does indeed work that way. While there is some consideration made of punishment possibilities (many countries believe the death penalty violates the declared human right of right to life), which laws they can choose to extradite on are stated specifically in the extradition treaty. That is also where you find the condition of the death penalty not being imposed in writing. Countries can't just decide at random to not extradite someone because their law doesn't cover crimes specifically committed in the US (i.e. such as Venezuela having a law against leaking US secrets.) I take that back, they can do that but they've violated the treaty at that point which itself comes with consequences.

So US laws are not irrelevant. Countries of course can choose to violate an agreement or not, but violating the agreement is generally not in the best interest of that country and doesn't happen very often.

It does indeed NOT work that way.

Read the treaty:

(1) Persons shall be delivered up according to the provisions of this Treaty for any of the offenses listed in the Schedule annexed to this Treaty, which is an integral part of this Treaty, provided these offenses are punishable by the laws of both Contracting Parties by a term of imprisonment exceeding one year.

Canada/US Extradition Treaty said:
When the offense in respect of which extradition is requested is of a political character, or the person whose extradition is requested proves that the extradition request has been made for the purpose of trying or punishing him for an offense of the above-mentioned char*acter. If any question arises as to whether a case comes within the provisions of this subparagraph, the authorities of the Government on which the requisition is made shall decide.

Extradition shall be granted only if the evidence be found sufficient, according to the laws of the place where the person sought shall be found, either to justify his committal for trial if the offense of which he is accused had been committed in its territory or to prove that he is the identical person convicted by the courts of the requesting State.

If Snowden turned up in Canada, he would be entitled to demonstrate he was a victim of political persecution. If a Canadian court agreed, he would not be extradited by the very terms of the treaty the US signed. If a Canadian court determined the evidence were insufficient, or that the extradition request came in connection with an activity that was legal here, the US would go home empty-handed, according the the terms of the treaty the US signed.


I would be surprised if other countries had given the US any more generous terms. Anyway as I write this, Snowden is considering competing offers of asylum, so perhaps the US foreign policy strategy here has not exactly been top notch.

You'd think after "thousands of years" of that being "the way it is," that the US would realise spying on your allies loses you a certain amount of good will, doesn't it?
 
It does indeed NOT work that way.

Read the treaty:

If Snowden turned up in Canada, he would be entitled to demonstrate he was a victim of political persecution. If a Canadian court agreed, he would not be extradited by the very terms of the treaty the US signed. If a Canadian court determined the evidence were insufficient, or that the extradition request came in connection with an activity that was legal here, the US would go home empty-handed, according the the terms of the treaty the US signed.


I would be surprised if other countries had given the US any more generous terms. Anyway as I write this, Snowden is considering competing offers of asylum, so perhaps the US foreign policy strategy here has not exactly been top notch.

You'd think after "thousands of years" of that being "the way it is," that the US would realise spying on your allies loses you a certain amount of good will, doesn't it?
First off, yes he could attempt to demonstrate he was a victim of political persecution. No one has argued that fact. However, there has to be evidence that he is being persecuted and not avoiding prosecution. Snowden is not being sought and has not had a warrant issued for his arrest because of his political beliefs. He is being sought and a warrant was issued for his arrest because of his criminal actions. That is in the treaty.

Second, the public admission of guilt demonstrated by Snowden is sufficient proof in any country in the world as to the commission of a crime. As a free man outside of the state seeking him and under no duress from said government, he willfully admitted to taking and releasing the classified documents. Also keep in mind that the burden of proof only has to be met for arrest and sending to trial, not for conviction. In some of these countries that he has applied for asylum in, the burden of proof for arrest and trial is the mere accusation of a crime. There are also good faith expectations attached to treaties that if a country doesn't uniformly and fairly apply their normal standards to a case (i.e. increasing the burden of proof for arrest and trial simply because they don't agree with the requesting party) then the treaty can be considered violated.

You are using extradition treaties to support an article you pulled from the Universal Declaration of Human Rights. The Article you pulled from stated that everyone has a right to a fair trial. You are using that to support a burden of proof requirement from individual extradition treaties.

And finally, he is considering competing offers of asylum - from Bolivia and Venezuela. Nicaragua has only said it would consider it. None of those have been traditional US allies anyway, so the revelation of gathering foreign intelligence on allies wouldn't have had any bearing here.
 
Please are you kidding me. Countries don't announce "Actually, this person has behaved in a perfectly legal way, but his ideas are inimical to the people in power, so we're not even going to bother trumping up charges, we're just going to persecute him politically. Would you kindly extradite him?" I mean seriously. Nelson Mandela was in jail for breaking the law after a "warrant was issued for his arrest because of his criminal actions." Some law!

Snowden has admitted no guilt. He has affirmed his actions publicly, for which you would like him to be considered guilty of a crime. But those are two very different things in the eyes of most of the world's national courts.

And while Bolivia and Venezuela are not top of the US allies list, the US is pissing off enough people who are allies that your chances of getting cooperation from third countries to extract what you want from Bolivia or Venezuela are not exactly increasing. Even allies can say "We've had enough; you're on your own on this one."
 
Please are you kidding me. Countries don't announce "Actually, this person has behaved in a perfectly legal way, but his ideas are inimical to the people in power, so we're not even going to bother trumping up charges, we're just going to persecute him politically. Would you kindly extradite him?" I mean seriously. Nelson Mandela was in jail for breaking the law after a "warrant was issued for his arrest because of his criminal actions." Some law!

Snowden has admitted no guilt. He has affirmed his actions publicly, for which you would like him to be considered guilty of a crime. But those are two very different things in the eyes of most of the world's national courts.

And while Bolivia and Venezuela are not top of the US allies list, the US is pissing off enough people who are allies that your chances of getting cooperation from third countries to extract what you want from Bolivia or Venezuela are not exactly increasing. Even allies can say "We've had enough; you're on your own on this one."
There are definitely ways of determining political persecution. The United States (as well as most other countries) have had codified laws against releasing classified government information and other espionage related activities long before this Snowden ordeal. Snowden broke those laws. They didn't wait until he did it then pass the Snowden laws in order to charge him with something. His criminal behavior is what he is being charged with - not political position.

And by virtue of the fact that Snowden admitted to getting a job to get classified information and by virtue of the fact Snowden admitted to obtaining the materials and releasing them, he has admitted guilt to violating the law of obtaining classified government information and distributing it illegally. It's the same as getting on TV and saying "Yes, I murdered this guy but I thought it was right so I'm obviously not guilty of a crime."

And you're contention that third party countries would even step in and try to get Snowden extradited for the US is pretty absurd. These governments are offering asylum as a slap in the face to the US after years of publicly trying to square off with the US. No amount of any country stepping in to try and help would cause them to miss the opportunity to do such. Besides, of all of the countries in the world, the US has the most to leverage against any of the countries offering asylum.

Ecuador - http://atlas.media.mit.edu/country/ecu/ (largest importer of Ecuador goods - US at 35%)
Nicaragua - http://atlas.media.mit.edu/country/nic/ (largest importer of Nicaragua goods - US at 50%)
Bolivia - http://atlas.media.mit.edu/country/bol/ (second largest importer of Bolivia goods - US at 9.98% behind only Brazil at 37%)
Venezuela - http://atlas.media.mit.edu/country/ven/ (largest importer of Venezuela goods - US at 56%)

Notice a trend there? I would also make note of who these countries import the most from.
 
There are definitely ways of determining political persecution. The United States (as well as most other countries) have had codified laws against releasing classified government information and other espionage related activities long before this Snowden ordeal. Snowden broke those laws. They didn't wait until he did it then pass the Snowden laws in order to charge him with something. His criminal behavior is what he is being charged with - not political position.

And by virtue of the fact that Snowden admitted to getting a job to get classified information and by virtue of the fact Snowden admitted to obtaining the materials and releasing them, he has admitted guilt to violating the law of obtaining classified government information and distributing it illegally. It's the same as getting on TV and saying "Yes, I murdered this guy but I thought it was right so I'm obviously not guilty of a crime."
Again, South Africa didn't make up laws just for Nelson Mandela. He certainly ran afoul of laws passed "long before this Mandela ordeal."

The relevant test is not simply "was there a law on the books that the US would like to connect to this incident" (there will always be some law that a creative prosecutor can adapt) but what was the political value of his act?

His motivation was articulated as the political necessity to raise debate about the implications of a government agency spying on foreigners (which you initially denied and then conceded later on), spying on americans in otherwise lawful private correspondence with foreigners, doing so without democratic supervision (unless lying to congressional committees and getting the approval of a secret parallel court system counts as "supervision" in not just your world but the real world), and doing so without public knowledge or assent.

He's made enough of a case that it deserves a full airing in any country interested to hear it before he is spirited away into the American Gulag. It may well be that he can make his case.

And you're contention that third party countries would even step in and try to get Snowden extradited for the US is pretty absurd. These governments are offering asylum as a slap in the face to the US after years of publicly trying to square off with the US. No amount of any country stepping in to try and help would cause them to miss the opportunity to do such. Besides, of all of the countries in the world, the US has the most to leverage against any of the countries offering asylum.

Ecuador - http://atlas.media.mit.edu/country/ecu/ (largest importer of Ecuador goods - US at 35%)
Nicaragua - http://atlas.media.mit.edu/country/nic/ (largest importer of Nicaragua goods - US at 50%)
Bolivia - http://atlas.media.mit.edu/country/bol/ (second largest importer of Bolivia goods - US at 9.98% behind only Brazil at 37%)
Venezuela - http://atlas.media.mit.edu/country/ven/ (largest importer of Venezuela goods - US at 56%)

Notice a trend there? I would also make note of who these countries import the most from.

Others speaking against Snowden have bragged about the ability of the US to persuade airspace to be closed lest Snowden reach a country that will grant asylum. Those countries were allies. And in your own point you concede the value and necessity of securing support from other countries, allied or not I suppose, even if you do feel that economic threats are the proper way to promote that cooperation.

None of that cooperation is made remotely more likely by blithely asserting that the US has a right to spy on the rest of us in our private lawful communications.

You keep taking great pains to say that the US doesn't spy on its own citizens (ignoring that it does do so when a US citizen engages with a foreigner). But presumably that means you don't want your government spying on you, and you agree that it would be wrong. What I've really wanted to get around to is why you think it is okay for the British government to spy on you, an American in your own country, which, according to the same Guardian links posted earlier, they do with even greater intrusiveness than the American government.

Why should it be any of David Cameron's business which of your neighbours are called from your house, or what web sites are visited from the IP address you pay for? Why the fuck would you be okay with that, and why would you expect the rest of us to feel any differently when the shoe is on the other foot?
 
Again, South Africa didn't make up laws just for Nelson Mandela. He certainly ran afoul of laws passed "long before this Mandela ordeal."

The relevant test is not simply "was there a law on the books that the US would like to connect to this incident" (there will always be some law that a creative prosecutor can adapt) but what was the political value of his act?

His motivation was articulated as the political necessity to raise debate about the implications of a government agency spying on foreigners (which you initially denied and then conceded later on), spying on americans in otherwise lawful private correspondence with foreigners, doing so without democratic supervision (unless lying to congressional committees and getting the approval of a secret parallel court system counts as "supervision" in not just your world but the real world), and doing so without public knowledge or assent.

He's made enough of a case that it deserves a full airing in any country interested to hear it before he is spirited away into the American Gulag. It may well be that he can make his case.
You keep bringing up Mandela, but he in fact admittedly broke laws for his part in several bombings. He pleaded guilty to sabotage. These were illegal acts. Whether he was doing them in the name of politics is not a shield to prosecution from the law. It would seem by your logic, if a Democrat went around killing Republicans, that's fine as long as they were doing it out of political motivations, because prosecuting that person would be considered political persecution.

Breaking the law is breaking the law. Motivations aren't relevant. Everyone has some justification for doing what they did. Snowden had many legal avenues to air his grievances and concerns. He wasn't being repressed politically. He was able to vote for his third party candidate as he specifically admitted. You can't decide that you don't think you'll get your way if you follow the law, so you're going to break it because it provides you the most desirable outcome. He could have accomplished his goals through legal means and chose not to do it. He is not being persecuted, he is being prosecuted.

And I would like you to show me where I ever said the NSA doesn't spy on foreigners. And the NSA does NOT spy on Americans in correspondences with foreigners, which is why minimization procedures exist for communications involving citizens, except in certain circumstances stated in law that allows the communications to be kept. You can attach whatever adjectives you want to the FISC, but the point remains that the court was Constitutionally setup by Congress and Constitutionally executes its duty. Again, just because you don't like its decisions doesn't mean the court is any less valid.

Also, extradition treaties don't allow for the full trial of a person in another country before extradition occurs. They only have to show the burden of proof is met to bring a person to trial in the country they are found in. A taped confession is more than enough in any country to bring someone to trial for a crime. He's not going to get a full airing at all. He will appeal, they will look at the evidence the US has provided, see if it meets the terms of the extradition treaty, and move on.

Others speaking against Snowden have bragged about the ability of the US to persuade airspace to be closed lest Snowden reach a country that will grant asylum. Those countries were allies. And in your own point you concede the value and necessity of securing support from other countries, allied or not I suppose, even if you do feel that economic threats are the proper way to promote that cooperation.

None of that cooperation is made remotely more likely by blithely asserting that the US has a right to spy on the rest of us in our private lawful communications.

You keep taking great pains to say that the US doesn't spy on its own citizens (ignoring that it does do so when a US citizen engages with a foreigner). But presumably that means you don't want your government spying on you, and you agree that it would be wrong. What I've really wanted to get around to is why you think it is okay for the British government to spy on you, an American in your own country, which, according to the same Guardian links posted earlier, they do with even greater intrusiveness than the American government.

Why should it be any of David Cameron's business which of your neighbours are called from your house, or what web sites are visited from the IP address you pay for? Why the fuck would you be okay with that, and why would you expect the rest of us to feel any differently when the shoe is on the other foot?
It has never been shown that airspace was closed on request by the US. And isn't that counter to you idea that everyone is so mad at the US that they're not going to help? Last time I checked, not one EU country accepted Snowden's asylum request. If we take what you assume to be true, apparently a number of EU nations will deny a head of state air space rights in their countries as soon as the US demands it. What makes you think then that these countries are all of a sudden going to say "hey, we're not doing anything"? And do you know why other countries are having this timid, fake outraged response? Because they spy on everyone else as well. No one wants to stick their neck out and complain too loudly because that would make them look bad when their intelligence activities are release to the press. And my post never conceded any points about requiring support from other countries.

And I do take great pains to make the claim the US doesn't spy on its citizens, even when communicating with a foreigner. First off, spying necessarily requires targeting. If the claims were true that the government somehow stored all communications, then it still wouldn't be spying unless those communications were monitored/listened to. Of course, I still maintain they don't store all of that. Secondly, we've seen in the documents released that unless a very specific set of legal requirements are met, then the NSA cannot keep any collection that involves an American citizen or anyone in the United States. I will continue to maintain that until you show me some proof the US is spying on American citizens.

And I'm not naive enough to think other countries don't spy on me. What gets me through the day is knowing that David Cameron doesn't give a shit about what I do because I'm doing nothing wrong. I know that any number of countries may keep tabs on me whether I like it or not, so I just conduct myself as if EVERYONE is keeping tabs on me. I'm OK with that because I know there is no changing it. People have been spied on by other countries for centuries. You can revolt if you want, but any new government is going to do the same thing. What I'm not going to do is rail against the government that has the best chance of finding out about it and protecting me to the extent possible just because I have some personal political disposition against said government. I don't trust you or Kulindhar or kallipolis to do anything to be able to combat these foreign powers, so I'm going to rely on the government to do so. Until such time as you can prove that the government is violating my rights or that I've suffered some harm from a government action, I'm going to go with the more believable idea that the government is serving its purpose of trying to protect its citizens instead of the more paranoid idea that the government is out to get everyone.
 
Hey look a link to the statement where he requests Russian asylum.

As long as he agrees not to leak anymore secrets, leaked secrets are hard to use against your enemy. Putin wouldn't want damaged goods.
 
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