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Carmen MOLDOVAN: The analysis of the right to asylum of Julian Assange

Abstract: In the opinion of the Working Group on Arbitrary Detention, the right to asylum is an inalienable right, and in the case of Mr. Julian Assange, the deprivation of liberty is arbitrary and contravenes Articles 9 and 10 of the Universal Declaration of Human Rights and also Articles 7, 9 para. 1, 9 par. 4, 10 and 14 of the International Covenant on Civil and Political Rights. Consequently, the Working Group requested the Governments of Sweden and the United Kingdom to assess the situation of Mr. Assange to ensure his safety and physical integrity, to facilitate its exercise of the right to freedom of movement in an appropriate manner and to ensure that all rights guaranteed by international rules on detention. This paper aims to briefly present the facts of the case and the particular situation of Mr. Assange, to explain the arguments noted by the Working Group and to underline the innovative elements of its interpretation in this case concerning the connexion between the right to asylum, the conditions for granting this right, its effects and the implications on the right to free movement and the possibility of legal interferences.

Key words: the right to asylum, arbitary detention, freedom of movement


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