grant him asylum, uphold his freedoms - the hindu

AP Opinion » Op-Ed Published: July 3, 2013 01:01 IST | Updated: July 3, 2013 01:01 IST Grant him asylum, uphold his freedoms Srinivas Burra A file photo of NSA whistleblower Edward Snowden. As Edward Snowden’s a ctions are o f a political n ature, he deser ves protecti on under U.N. c onventio ns and inter national l aw From the moment Edward Snowden, the whistle-blower who leaked top-secret documents belonging to the United States National Security Agency, declare d his identity, it was clear that the U.S. was going to doggedly seek his custody. Mr. Snowden revealed himself after fleeing to Hong Kong, which refused to extradite him because the U.S. had failed to provide the necessary information as required by Hong Kong law. Instead, Hong Kong’s authorities allowed Mr. Snowden to board a flight for Moscow — where he is currently “stuck” in the t ransit area of the Sheremetyevo International Airport, and has dispatched asylum requests to no less than 21 countries. Vladimir Putin, th e President of th e Russian Fede ration, too has refus ed to extradite him. Extradition is a legal process by which a person, who has been accuse d or convicted of a crime in one country b ut has fled or trav elled to anothe r, is handed over to the former. Extradition is primarily regulated by bilateral agreements between states. Howeve r, there are certain general provisions which govern this process. One such rule, which finds place in many international agreements and domestic laws, is that a person will not be extradited for the alleged commission of “political” offences. Therefore, even if the U.S. has an active extradition agreement with one of the countries in which Mr. Snowden has sought asylum, he may not be extradited if that bilateral treaty exempts political crimes from its application. Whether Mr. Snowden’s actions constitute a political crime will be determined by the states — more specifically, their courts — considering his asylum request. There are certain extradition agreements that do not recognise political offences in the context of acts of terrorism. Edward Snowden has been charged by U.S. authorities with espionage and the theft of classified government documents, not for any terrorist acts. Furthermore, his actions are clearly political in nature — an argument that is strengthene d by the attention, and polarising response, they have drawn from the U.S. political establishment. The granting of asylum under international law is governed mainly by the 1951 United Nations Convention Relating to the Status of Refugees. According to the Convention, a person may be granted refugee status if he has a “well-founded fear of being persecuted for reasons of […] political opinion, is outside the country of his nationality, and is unable to, or owing to such fear, is unwilling to avail himself of the protection of that country.” A political act or alleged offence, which exempts a per son from being extradited, will the refore also con stitute the necessa ry legal ground for granting asylum. Mr. Snowden’s acts which are substantivel y political in character could certainly classify for the same. Refugee convention The U.S., according to news reports, revoked Mr. Snowden’s passport last week. For any international travel, a passport Grant him asylum, uphold his freedoms - The Hindu http://www.thehindu.com/opinion/op-ed/grant-him-asylum-upho ld-his -fr... 1 of 2 7/3/2013 9:53 AM

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Page 1: Grant Him Asylum, Uphold His Freedoms - The Hindu

7/28/2019 Grant Him Asylum, Uphold His Freedoms - The Hindu

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Opinion » Op-Ed

Published: July 3, 2013 01:01 IST | Updated: July 3, 2013 01:01 IST

Grant him asylum, uphold his freedoms

Srinivas Burra

A file photo of NSA whistleblower Edward Snowden.

As Edward Snowden’s actions are of a political nature, he deserves protection under U.N. conventions and international law

From the moment Edward Snowden, the whistle-blower who leaked top-secret documents belonging to the UnitedStates National Security Agency, declared his identity, it was clear that the U.S. was going to doggedly seek his custody.Mr. Snowden revealed himself after fleeing to Hong Kong, which refused to extradite him because the U.S. had failed toprovide the necessary information as required by Hong Kong law. Instead, Hong Kong’s authorities allowed Mr.Snowden to board a flight for Moscow — where he is currently “stuck” in the transit area of the SheremetyevoInternational Airport, and has dispatched asylum requests to no less than 21 countries.

Vladimir Putin, the President of the Russian Federation, too has refused to extradite him. Extradition is a legal process by which a person, who has been accused or convicted of a crime in one country but has fled or travelled to another, ishanded over to the former. Extradition is primarily regulated by bilateral agreements between states. However, thereare certain general provisions which govern this process. One such rule, which finds place in many internationalagreements and domestic laws, is that a person will not be extradited for the alleged commission of “political” offences.Therefore, even if the U.S. has an active extradition agreement with one of the countries in which Mr. Snowden hassought asylum, he may not be extradited if that bilateral treaty exempts political crimes from its application. WhetherMr. Snowden’s actions constitute a political crime will be determined by the states — more specifically, their courts —considering his asylum request. There are certain extradition agreements that do not recognise political offences in thecontext of acts of terrorism. Edward Snowden has been charged by U.S. authorities with espionage and the theft of classified government documents, not for any terrorist acts. Furthermore, his actions are clearly political in nature —

an argument that is strengthened by the attention, and polarising response, they have drawn from the U.S. politicalestablishment.

The granting of asylum under international law is governed mainly by the 1951 United Nations Convention Relating tothe Status of Refugees. According to the Convention, a person may be granted refugee status if he has a “well-foundedfear of being persecuted for reasons of […] political opinion, is outside the country of his nationality, and is unable to,or owing to such fear, is unwilling to avail himself of the protection of that country.” A political act or alleged offence, which exempts a person from being extradited, will therefore also constitute the necessary legal ground for grantingasylum. Mr. Snowden’s acts which are substantively political in character could certainly classify for the same.

Refugee convention

The U.S., according to news reports, revoked Mr. Snowden’s passport last week. For any international travel, a passport

him asylum, uphold his freedoms - The Hindu http://www.thehindu.com/opinion/op-ed/grant-him-asylum-uphol

7/3/2013