by SeaGypsy » Mon 29 Nov 2010, 23:30:45
$this->bbcode_second_pass_quote('eastbay', 'H')e should move to Ecuador, but maybe not Quito. The crime in Quito is staggering.
Yes but it's a very nice place to buy a horse and a horse is a good thing to have in Ecuador.
He could do worse.
Really legally the Aussies are clutching at straws.
The breach of law here was in the secrecy contract breach by the initial leaker.
Assange was under no such contract.
For Australia to lay charges on this case it would have to enact retrospective legislation covering international private contracts and information handling; something which would raise enormous public ire and distrust.
I am not aware of any law enabling the removal of a citizen's right to travel whilst outside Australia. A hold order can be issued only on Julian's arrival back in Australia and only then if a federal court thinks the case warrants such an order. Usually this level of restriction only applies to those who fail to pay tax or chid support and those with a warrant out for their arrest; something which is not likely given the quandry presented above.
Edit to add:
$this->bbcode_second_pass_quote('', 'S')ome Australian criminal laws, such as those relating to money laundering, bribery of foreign public officials, terrorism and child sex tourism, apply to Australians overseas. Australians who commit these offences while overseas may be prosecuted in Australia.
Australian authorities are committed to combating sexual exploitation of children by Australians overseas. Australians may be prosecuted at home under Australian child sex tourism laws. These laws provide severe penalties of up to 17 years imprisonment for Australians who engage in sexual activity with children under 16 while outside of Australia.
So unless Assange is a pedarast, a terrorist or has bribed public officials or laundered money; he can't be guilty of an offense committed overseas under Australian law. What he has done falls under the heading of 'journalism' and laws applying to journalism generally support his actions in this case.