CBS/AP/ August 16, 2012, 1:58 PM

U.K.: WikiLeaks' Assange won't be allowed to leave

Julian Assange, the founder of the WikiLeaks whistleblowing website, leaves the Supreme Court Feb. 1, 2012, in London.

Julian Assange, the founder of the WikiLeaks whistleblowing website, leaves the Supreme Court Feb. 1, 2012, in London. / Getty Images

Updated at 1:58 p.m. ET

(CBS/AP) LONDON - British Foreign Secretary William Hague said Thursday that the U.K. will not allow WikiLeaks founder Julian Assange safe passage out of the country.

The announcement came hours after Ecuador granted Assange political asylum, a decision that thrilled supporters but did not defuse the standoff at the Latin American nation's London embassy, where he has been holed up for almost two months.

Now the standoff between the two nations centers on an inviolable diplomatic principle: British law and the British police cannot reach inside the embassy of a foreign country.

Ecuador said British officials have threatened to march in and grab Assange from its London embassy, where he has been holed up in a bid to escape extradition to Sweden over sex crimes allegations.

WikiLeaks announced through its Twitter account that Assange would make a statement in front of the embassy Sunday at 2 p.m. (9 a.m. ET). Earlier, Assange in a statement praised Ecuador's "courage."

Hague said Thursday that Britain would not grant Assange safe passage because "there is no legal basis for us to do so."

He said Assange was wanted in Sweden to answer allegations of "serious sexual offenses." He said the extradition had nothing to do with the work of WikiLeaks or with a desire by U.S. authorities to try him for publishing diplomatic secrets.

Special Section: WikiLeaks
Julian Assange granted political asylum in Ecuador
Ecuador official: U.K. made threat over Assange

How Assange could get to Ecuador was anyone's guess. Legal experts debated whether Assange could get safe passage in a diplomatic car, escape in an oversized diplomatic bag, or slip out when police relaxed their guard.

Under the 1961 Vienna Convention on Consular Relations, diplomatic posts are treated as the territory of the foreign nation.

However, in a letter to Ecuadorean officials, Britain cited a little-known law, the Diplomatic and Consular Premises Act of 1987, which it said would allow the arrest Assange within the embassy premises.

The law gives Britain the power to revoke the status of a diplomatic mission if the state in question "ceases to use land for the purposes of its mission or exclusively for the purposes of a consular post" — but only if such a move is "permissible under international law."

In its letter, Britain adds, "We very much hope not to get this point."

The law was passed after the 1984 siege of the Libyan embassy in London, which was sparked when someone inside the building fatally shot a British police officer, Yvonne Fletcher. An 11-day standoff ended with Britain severing diplomatic relations with Libya and expelling all its diplomats.

The Associated Press could find no record of the law ever being used to justify forcible entry into an embassy.

Many legal experts are skeptical British police can remove Assange from the embassy. The diplomatic fallout would be immense, leaving British missions around the world vulnerable to reprisals.

And lawyers say a British court would likely be unwilling to sanction a raid on the embassy.

The law was intended for situations in which a diplomatic mission was being used for serious wrongdoing such as terrorism. Sheltering Assange hardly compares.

Former government lawyer Carl Gardner said a court would likely rule that using the law against Assange would be inconsistent with the intent of the law.

"I don't see it as a realistic prospect that the government would do a dash for the airport with him," he said.

Some supporters want Assange to be granted Ecuadorean citizenship and made a member of the embassy staff, so that he would be protected by diplomatic immunity. But diplomatic status must be recognized by the host government, something the British government is exceedingly unlikely to do.

Gardner raised another long-shot possibility — Ecuador could name Assange its representative to the United Nations. That would make him immune from arrest while traveling to U.N. meetings around the world. Assange could be stripped of his role as representative by the U.N. General Assembly, but in the meantime would be protected.

London police have been stationed outside the embassy building since Assange holed up there in June. He could try to sneak past them in disguise, perhaps trying to lose pursuers in the aisles of the nearby Harrods department store. But he would be liable to arrest if identified.

Spiriting him to a private airfield or secluded port seems like an option, but legal experts say police will be vigilant for escape attempts.

"As soon as he steps off the premises, even if he goes through an embassy car, he can still be arrested — and will be," extradition lawyer Julian Knowles said.

What about smuggling Assange out of the embassy in a diplomatic pouch? As far-fetched as it sounds, it is not without precedent.

In 1984, Britain refused to extradite Umaru Dikko, a former Nigerian government minister accused of corruption in his homeland. He was subsequently kidnapped outside his London home, drugged and stuffed in a shipping crate destined for Lagos as diplomatic luggage.

But the kidnappers made a crucial error: They didn't label the box a diplomatic bag. British Customs officials opened the crate at Stansted Airport and found Dikko, who was uninjured. Three Israelis and a Nigerian were convicted over the incident, which soured U.K.-Nigerian diplomatic relations for several years.


1/2

© 2012 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
70 Comments Add a Comment
linkicon reporticon emailicon
endurorob_5 says:
Apperently people here fail to understand exactly why the British want Assange. It is not because he is scum that willingly prints calssified information that could hurt countries that protect the free world. It is because he is wanted by Swedish authorities for questioning concerning suspected sexual offenses. He is too much of a coward or too guilty to face up to the questioning so now Ecuedor is horboring a person susepected of sex crimes.
reply
linkicon reporticon emailicon
mertox13 says:
Let him stay in the embassy. He will never be able to step foot off from those grounds and while it isn't as harsh as an actual prison, not being able to leave a building for the rest of your life is effectively prison and still sucks for him.

He has basically checked himself into prison for life.
reply
linkicon reporticon emailicon
infantryman1968 says:
U.K.: WikiLeaks' Assange won't be allowed to leave


LOL!


If Assange and Manning would have leaked secrets during the Bush administration, Obama and Hillary would be giving them a medal.

The Irony.
reply
linkicon reporticon emailicon
Kennyg9548 says:
Simple. Expel everyone from the embassy. Once they are all gone it is no longer sovereign territory. If they try to take him with them the minute he steps off the property he is free game. If he stays they can go in and get him. This man is no worse than a porno reporter. Worse in fact. His little games in the guise of truth has no doubt cost lives. I'd like to rip that smirk off his weaselly little face.
reply
linkicon reporticon emailicon
umish says:
He should be made a temporary employee with diplomatic status and thus cannot be touched. Britain is beyond redemption on this one and a servant to the American Government who by the way couldnt get him on their terms and territoryl. THis all reeks of subtrafuge and insider deals.
reply
endurorob_5 replies:
linkicon reporticon emailicon
Obviously you didn't read the entire article.
linkicon reporticon emailicon
kassandrasdu says:
Free Assange! He told the truth and the truth shall make us free. The United States and its lone ally Israel are become monsters on earth.
reply
linkicon reporticon emailicon
peace-and-resist says:
Anyone who is following the main stream news does not understand why the UK would go as far as breaking the Geneva Convention in order to stop a political refugee from getting asylum for "allegations". Wikileaks has recently put out information regarding Trapwire, a massive electronic spying system run by the U.S. government. It's no mystery why the government is coming down so hard on Assange. Wikileaks is transparency and all who are against it are for a Big Brother government who can kill Americans abroad and detain citizens indefinitely. If you want to take a stand stop voting Democrat or Republican. Rocky Anderson, an ex-democrat left the party for the continued abuses that carried over from the Bush Administration and because of the Democrats unwillingness to draw a line in the sand. Please check him out at www.voterocky.org Rocky would pardon Bradley Manning and return the rule of law.
reply
mertox13 replies:
linkicon reporticon emailicon
Bradley Manning should be shot. Asuage is a civilian. Manning is a traitor. 40 years ago he would aready be in front of a firing squad for what he did. Goes to show you how much Democrats and Republicans have slacked with him still alive.
linkicon reporticon emailicon
DAPxDAP says:
In the last days lawlessness will abound is what is written. This guy revealed some secrets that revealed a lot of dirt and if that put some people in harms way so be it. In a world of governmental greedy criminals when someone exposes it the crooks want to pounce. I have not had an opinion on this whole matter from the beginning and took a long time to review everything and after finding out that he simply revealed the truth and is not guilty in any crime I for one find that this man has done the right thing and thus support him.
reply
linkicon reporticon emailicon
builder7 says:
I guess that Britain just changes their law to overturn international law anytime that they want. This just shows how much power the various governments have when it comes to letting the world know what they are really up to. I am sure that they will kill him in the long run. Looks like the CIA found somebody that had something hanging over them to charge Assange with this. The various entities will secretly violate any and every law that they can to get this guy, and they will eventually, even if he is in Ecuador. I am sure that he is slated for execution!
reply
mertox13 replies:
linkicon reporticon emailicon
If the CIA wanted him dead, he would have been dead long ago and it would have looked like an accident
linkicon reporticon emailicon
Henri_Rochard says:
All that has to happen is for Ecuador to issue Assange a diplomatic passport.

If Assange becomes a 'diplomat', then he's untouchable. Just ask the Russkis that regularly break the law in New York city.
reply
mertox13 replies:
linkicon reporticon emailicon
I don't think that will work there. Diplomatic immunity within the embassy is international, but I believe that their individual immunity varies from nation to nation to some degree.
See all 70 Comments
Scroll Left Scroll Right