{"id":67293,"date":"2024-08-30T10:28:39","date_gmt":"2024-08-30T10:28:39","guid":{"rendered":"https:\/\/icoca.ch\/?post_type=case_studies&p=67293"},"modified":"2024-08-30T10:41:30","modified_gmt":"2024-08-30T10:41:30","slug":"ongoing-case-private-security-company-accused-of-spying-on-julian-assange","status":"publish","type":"case_studies","link":"https:\/\/icoca.ch\/fr\/case-studies\/ongoing-case-private-security-company-accused-of-spying-on-julian-assange\/","title":{"rendered":"ONGOING CASE: PRIVATE SECURITY COMPANY ACCUSED OF SPYING ON JULIAN ASSANGE"},"content":{"rendered":"

Background <\/strong><\/h2>\n

Australian born Julian Assange is an acclaimed editor and founder of media company WikiLeaks. In 2010, WikiLeaks released footage showcasing United States soldiers opening fire on Iraqi civilians as well as a compilation of leaked documents by Chelsea Manning coined the Afghan War Diary by WikiLeaks. Following these leaks and other ensuing factors which the United States viewed as a threat to their national security, investigations on Assange and WikiLeaks began. That same year, Swedish authorities issued an arrest warrant accusing Assange of rape and sexual assault. In March 2018, the United States filed an indictment against Assange.\u00a0<\/span>\u00a0<\/span><\/p>\n

For the next 14 years, Assange would face a long and arduous legal battle. While in detention in the United Kingdom, Assange denied Swedish authorities\u2019 allegations and instead held that such claims were part of a plan to extradite him to the United States for prosecution on the basis of the WikiLeaks disclosures. In 2012, Ecuadorian then-president, Rafael Correa granted asylum to Assange in the Ecuadorian Embassy in London after 2 months of taking refuge. Assange was then was given Ecuadorian citizenship. <\/span>\u00a0<\/span><\/p>\n

Once Lenin Moreno was elected president of Ecuador in May 2017, Assange experienced a turn of events. He no longer had access to internet connection and outside visitors were prohibited from entering the premises to visit him. His lawyers, however, were still allowed to continue their activities and visit Assange. Under the decision of President Moreno, Assange was handed over to the British authorities after having been granted asylum in the Ecuadorian Embassy in London for seven years. Assange was arrested by United Kingdom police officers and was incarcerated for five years. Throughout his time in the British prison, Assange continued to fight against attempts to extradite him to the United States.<\/span>\u00a0<\/span><\/p>\n

<\/h2>\n

The Incidents<\/strong><\/h2>\n

Security guards were employed by Undercover Global S.L in Puerto Real. It is a Spanish security company that is based in the province of C\u00e1diz. The National Intelligence Secretariat funded the private security services with a budget of $5 million. A day before Assange\u2019s arrest, WikiLeaks claimed that it had identified a \u201cmajor spying operation\u201d against Assange in the Ecuadorian Embassy premises. <\/span>The security firm Undercover Global S.L., responsible for safeguarding the diplomatic premises from 2012 to 2018, allegedly directed its personnel to gather extensive intelligence on Assange on information about his legal representatives and associates.<\/span>\u00a0<\/span><\/p>\n

According to the Acting director of University of New South Wales\u2019s Kaldor Centre for International Refugee Law, Under Cover S.L \u201cset up a surveillance operation inside the Ecuadorian embassy: microphone, video cameras and eventually live-streaming, and it seems that everything was monitored, including lawyer-client meetings, and including the personal technical equipment of individuals who might be visiting Julian Assange at the embassy\u201d. Intelligence was then likely provided to the US authorities and the CIA. <\/span>\u00a0<\/span><\/p>\n

Sworn witness statements submitted to the Spanish court reportedly contained evidence of surveillance activities. These statements allegedly indicate that a lengthy seven-hour consultation between Assange and his legal counsel on Sunday, June 19, 2016, was subject to audio recording. Furthermore, witness testimony mentioned Assange\u2019s name, claiming that data from his iPad, which had to remain outside the meeting room, was allegedly copied and subsequently transmitted to US officials.<\/span>\u00a0<\/span><\/p>\n

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Investigations and Legal Aspects\u00a0<\/strong><\/h2>\n

Assange filed a criminal complaint and accused Undercover Global S.L., director, David Morales and the private security company of privacy offenses involving \u201cviolations of his privacy and the secrecy of his client-attorney privileges, as well as misappropriation, bribery and money laundering\u201d. <\/span>\u00a0<\/span><\/p>\n

Evidence showed Morales expressed verbal and written statements suggesting that even though the company was contracted by the government of then-Ecuadorian President Correa, he was simultaneously involved with the Americans, acting in a two-fold manner.\u00a0<\/span>\u00a0<\/span><\/p>\n

Since then, Spain\u2019s High Court began an investigation on Morales as well on the basis of\u00a0 alleged unlawful activities of\u00a0 his company. Furthermore, a lawsuit was brought by four Americans who visited Assange against the CIA in the United States Federal Court in 2023 on the basis that their privacy rights were violated under the Fourth Amendment. <\/span>\u00a0<\/span><\/p>\n

The International Code of Conduct <\/strong><\/h3>\n

The International Code of Conduct<\/span><\/a> states that<\/span> Member and Affiliate Companies will comply, and will require their Personnel to comply, with applicable law which may include international humanitarian law, and human rights law as imposed upon them by applicable national law, as well as all other applicable international and national law (paragraph 21 of the Code).\u00a0<\/span>\u00a0<\/span><\/p>\n

Member and Affiliate Companies will exercise due diligence to ensure compliance with the law and with the principles contained in this Code, and will respect the human rights of persons they come into contact with, including, the rights to freedom of expression, association, and peaceful assembly and against arbitrary or unlawful interference with privacy or deprivation of property (paragraph 21 of the Code).<\/span>\u00a0<\/span><\/p>\n

Meeting the requirements of the Code of Conduct can help private security companies and their clients ensure that private security personnel are qualified, trained, supported, informed, responsible<\/span> and continue to respect the rule of law<\/span>.\u00a0<\/span>\u00a0<\/span><\/p>\n

<\/h2>\n

Impact<\/strong><\/h2>\n

In November 2019, however, the Swedish case against Assange on allegations of rape and sexual assault was dropped. Authorities justified the decision by saying that substantial time had passed since the offence. Fast forward to June 24, 2024, Assange was released from prison and granted bail by the High Court in London after pleading guilty to one count of breaching the espionage law. This agreement was reached through tedious diplomatic dialogue led by Australia. Days after his release, the WikiLeaks founder appeared in court at Saipan (US Pacific territory) \u201cwhere he will be sentenced to 62 months of the time already served\u201d.<\/span>\u00a0<\/span><\/p>\n

\u00a0<\/span><\/p>\n

Discussion <\/strong><\/h2>\n

How can private security companies use technology in a responsible manner?<\/span>\u00a0<\/span><\/p>\n

What are the human rights which have allegedly been breached in this case?<\/span>\u00a0<\/span><\/p>\n

What legal and ethical considerations arise from surveillance activities conducted by private security companies?<\/span>\u00a0<\/span><\/p>\n

<\/h2>\n

Sources<\/strong><\/h2>\n