ACLU: U.S. Actions in Snowden Case Threaten Right to Seek Asylum

[morningfog]

Revelations about the NSA's secret surveillance activities continue to make headlines both at home and abroad. In the last week alone, Brazil expressed concern about recent reports of NSA spying on millions of Brazilian citizens, the European Parliament adopted a resolution authorizing its Civil Liberties Committee to launch an "in-depth inquiry" into U.S. surveillance programs, and Germany made clear that EU concerns over U.S. spying would not be ignored. In addition to outrage over the NSA's activities, much attention has been paid to Edward Snowden's whereabouts. (He continues to be stranded in the transit area of the Moscow airport from where he reportedly has sought asylum in at least 21 countries.)

While it remains unclear where Mr. Snowden will ultimately end up and how he will be able to leave Russia, U.S. actions to secure his extradition must take place within an acceptable legal framework protecting his right to seek asylum.

Article 14 of the Universal Declaration of Human Rights (UDHR) states that "[e]veryone has the right to seek and to enjoy in other countries asylum from persecution. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations." The American Convention on Human Rights explicitly provides for a right of an individual "to seek and be granted asylum in a foreign territory, in accordance with the legislation of the state and international conventions, in the event he is being pursued for political offenses or related common crimes."

In the case of Mr. Snowden, the United States has interfered with his right to seek asylum in two significant ways. First, the U.S. revoked Mr. Snowden's passport. While this action does not render Mr. Snowden "stateless" (because he is still a U.S. citizen), it does make it extremely difficult for him to travel or seek asylum, especially in countries that require asylees to be present in their territory at the time of the request. Second, while the United States is within its rights to seek Mr. Snowden's extradition to face charges in the United States, diplomatic and law enforcement efforts to extradite him must be consistent with international law. It appears that U.S. efforts have prevented Mr. Snowden from receiving fair and impartial consideration of his application for asylum in many of the countries to which he reportedly applied. These efforts allegedly led to an unprecedented event last week when Bolivian President Evo Morales' plane was denied the use of airspace by several European countries and forced to land in Austria. Once on the ground, the plane was reportedly searched because American intelligence officials believed that Mr. Snowden was on board.

http://www.aclu.org/blog/human-rights-national-security/us-actions-snowden-case-threaten-right-seek-asylum

[Luminous Animal]

1. Kick.

[NineNightsHanging]

2. double kick

[xiamiam]

3. k

[sabrina 1]

4. The US no longer observes the Rule of Law, the Geneva Conventions or International

Immunity Agreements. We are becoming a rogue state. No one should expect respect for treaties, agreements or laws from the US. I don't think they do actually.

[struggle4progress]

6. Perhaps you should review 22 CFR 51.60, which rather pre-dates Mr Snowden's escapade

[struggle4progress]

5. If that's the position of the ACLU, they should either litigate the passport revocation or craft

specific language and lobby Congress for a change in the law

[morningfog]

8. Or begin by raising awareness.

[frylock]

12. always a good start..

per some people here, we're just supposed to vote or something.

[snappyturtle]

7. K&R nt

[ProSense]

9. The ACLU text explains why its claim contradicts the human rights declaration.

Article 14 of the Universal Declaration of Human Rights (UDHR) states that &quot e)veryone has the right to seek and to enjoy in other countries asylum from persecution. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations." The American Convention on Human Rights explicitly provides for a right of an individual "to seek and be granted asylum in a foreign territory, in accordance with the legislation of the state and international conventions, in the event he is being pursued for political offenses or related common crimes."

In the case of Mr. Snowden, the United States has interfered with his right to seek asylum in two significant ways. First, the U.S. revoked Mr. Snowden's passport.

The right does not apply to "non-political" crimes. Snowden's crime is not political, it's criminal. Leaking classified information is against the law. He's not escaping "persecution" as a potential political prisoner. He's a fugitive from criminal prosecution.

[usGovOwesUs3Trillion]

13. lol

I thought he did it because he hated Obama?

[Savannahmann]

10. Republicans have considered the ACLU the enemy for a long time.

I wonder, will we join the Republicans now in opposing the ACLU in the name of Democratic Party Loyalty?

[ProSense]

11. Well,

"I wonder, will we join the Republicans now in opposing the ACLU in the name of Democratic Party Loyalty? "

...a lot of people disagree with the ACLU's position on Citizens United. Remember, Republicans are the ones into lockstep.