Showing posts with label asylum. Show all posts
Showing posts with label asylum. Show all posts

WikiLeaks' Assange seeks asylum at Ecuador embassy


WikiLeaks' Assange seeks asylum at Ecuador embassy
By Alexandra Valencia and Avril Ormsby  QUITO/LONDON | Tue Jun 19, 2012

(Reuters) - WikiLeaks' founder Julian Assange has taken refuge in Ecuador's embassy in London and asked for asylum, officials said on Tuesday, in a last-ditch bid to avoid extradition to Sweden over sex crime accusations.

Ecuadorean Foreign Minister Ricardo Patino said his country would weigh the request from the 40-year-old hacker, famous for leaking hundreds of thousands of U.S. diplomatic cables.

The appeal for protection was the latest twist in Assange's 18-month fight against being sent to Sweden, where he is wanted for questioning about allegations of rape and sexual assault made by two female former WikiLeaks volunteers.

The situation threatens to inflame tensions between the government of Rafael Correa, Ecuador's leftist and ardently anti-Washington president, and U.S. authorities, who accuse Assange of damaging its foreign relations with his leaks.

The Andean nation in 2010 invited Assange to seek residency there but quickly backed off the idea, accusing him of breaking U.S. laws.

Since his detention, Assange has mostly been living under strict bail conditions at the country mansion of a wealthy supporter in eastern England. His associates say that amounts to 540 days under house arrest without charge. Breach of bail conditions is potentially a criminal offence.

"While the department assesses Mr. Assange's application, Mr. Assange will remain at the embassy, under the protection of the Ecuadorean Government," the embassy said on its website.

Assange .. complaining that his home country of Australia had abandoned him and refused to defend him, according to a statement from Ecuador's Foreign Ministry.

According to Patino, Assange fears extradition "to a country where espionage and treason are punished with the death penalty". He appeared to be referring to the United States, because Sweden does not have the death penalty. Neither Sweden nor the United States has charged him with treason or spying.

The lawyer for the two female former WikiLeaks volunteers who made the complaints against Assange said he was not surprised by Assange's latest move but expected Ecuador to reject the asylum request.

Britain's Supreme Court last week said Assange could be extradited to Sweden in about two weeks' time, rejecting his argument that a European arrest warrant issued by Swedish prosecutors for his extradition was invalid.

The only recourse left to him through the courts is an appeal to the European Court of Human Rights.

Assange, who has not been charged with any offence in Sweden and denies any wrongdoing, has argued that the case is politically motivated because the release of documents on his website has angered the United States.
In 2010, WikiLeaks began releasing secret video footage and thousands of U.S. diplomatic cables, many of them about Iraq and Afghanistan, in the largest leak of classified documents in U.S. history.

The silver-haired Assange spent nine days in jail in Britain before being released on bail on December 16, 2010, after his supporters raised a surety of 200,000 pounds.

Anti-censorship campaigners who backed Assange at one stage included celebrities such as journalist John Pilger, film director Ken Loach and socialite Jemima Khan.

As part of his bail conditions, he had to abide by a curfew, report to police daily, and wear an electronic tag.

Wikileaks has faded from the headlines due to a dearth of scoops and a blockade by credit card companies that has made donations to the site almost impossible.

(Additional reporting by Patrick Lannin in Stockholm and Mark Hosenball in Washington DC; Writing by Brian Ellsworth and Daniel Wallis; Editing by Andrew Heavens)



Wikileaks Moves to Farce: Will Assange Live Out His Days in an Ecuadorian Embassy?
by Peter Spiro   June 20, 2012

(DO – even assuming asylum is granted, the host government should agree to the passage of asylum-seeker out of the country)

Story here, and a lot of play on this morning’s BBC Newshour.  This is the second time in recent months that so-called “diplomatic asylum” has crept into the headlines, last with respect to Chen Guangcheng in China in May. See this earlier post, which links to an excellent Foreign Policy background piece on diplomatic asylum.

Unlike the Chen case, I doubt very much that the UK will agree to Assange’s safe passage out of the country on the way to Ecuador even if Ecuador grants him asylum (which itself seems like a stretch, insofar as the Swedish sex case against Assange hardly qualifies as political persecution, at least not as customarily conceived – but see the Embassy of Ecuador’s statement here).  So the best Assange can hope for is a long stay in non-country house quarters.

Speaking of Ecuador, is it trying to revive its imperial ambitions, in some postmodern way? See this engaging piece by Frank Jacobs, the master of cartographic stories, coincidentally out today in the NY Times (calling Duncan Hollis: interesting treaty tales therein)



Statement on Julian Assange
June 19, 2012

The decision to consider Mr Assange’s application for protective asylum should in no way be interpreted as the Government of Ecuador interfering in the judicial processes of either the United Kingdom or Sweden


Assange's asylum bid a possible boon for Ecuador's Correa
By Alexander Martinez | AFP – Wed, Jun 20, 2012

Ecuador may well grant WikiLeaks founder Julian Assange's request for political asylum, analysts say, in a bid by President Rafael Correa to needle the United States and boost his image at home.

Analysts here say that coming to Assange's rescue might help Correa offset the storm of international criticism over his campaign against the opposition media in Ecuador.

The court sentenced three top executives of the Quito daily El Universal, and a former editorial page editor to three years in prison. Correa was awarded $40 million in damages.

Rights groups -- including Human Rights Watch, Reporters Without Borders and the Inter American Press Association -- called the ruling a blow to freedom of speech in Ecuador.

In February, Correa pardoned the executives and voided the monetary damages, but the criticism has barely subsided: according to the Ecuadoran NGO Fundamedios, the government's persecution of the opposition press continues.





Assange seeks asylum in Ecuador
By Elias Groll   Tuesday, June 19, 2012

Assange has been in Britain for the better part of the past year while fighting the extradition order to Sweden, where he is wanted for questioning in connection with alleged sex crimes

Sweden, of course, does not have the death penalty on the books, but Assange has long maintained that the extradition order is part of a conspiracy by the American government to have him extradited to the United States in order to face espionage charges, a crime for which he could face the death penalty. Swedish prosecutors have not charged Assange with a crime.

The choice to seek asylum in Ecuador may seem surprising, but Ecuador's president, Rafael Correa, has closely aligned himself with Hugo Chavez's Venezuela and Evo Morales' Bolivia, and like his South American compatriots, Correa preaches a political doctrine willing to crack down on press freedoms and political rights to preserve his particular brand of socialism.  Additionally, Correa and Assange have something of a personal history-Assange interviewed Correa this year on his RT talk show, and Ecuador offered the Australian hacker-cum-provocateur residence in 2010.

Complicating matters, Ecuador has signed extradition treaties with both the United States and the European Union, but given Assange's decision to pursue asylum at the Ecuadorian embassy in London, it would appear unlikely that Ecuador will enforce those agreements



Julian Assange's right to asylum
Glenn Greenwald   Wednesday 20 June 2012

Given the travesty that is American justice, WikiLeaks' founder is entitled to seek asylum and well-advised to fear extradition

If one asks current or former WikiLeaks associates what their greatest fear is, almost none cites prosecution by their own country. Most trust their own nation's justice system to recognize that they have committed no crime. The primary fear is being turned over to the US.  That is the crucial context for understanding Julian Assange's 16-month fight to avoid extradition to Sweden, a fight that led him to seek asylum, Tuesday, in the London Embassy of Ecuador.

The evidence that the US seeks to prosecute and extradite Assange is substantial.  There is no question that the Obama justice department has convened an active grand jury to investigate whether WikiLeaks violated the draconian Espionage Act of 1917. Key senators from President Obama's party, including Senate intelligence committee chairwoman Dianne Feinstein, have publicly called for his prosecution under that statute. A leaked email from the security firm Stratfor – hardly a dispositive source, but still probative – indicated that a sealed indictment has already been obtained against him. Prominent American figures in both parties have demanded Assange's lifelong imprisonment, called him a terrorist, and even advocated his assassination.

For several reasons, Assange has long feared that the US would be able to coerce Sweden into handing him over far more easily than if he were in Britain. For one, smaller countries such as Sweden are generally more susceptible to American pressure and bullying. 

For another, that country has a disturbing history of lawlessly handing over suspects to the US. A 2006 UN ruling found Sweden in violation of the global ban on torture for helping the CIA render two suspected terrorists to Egypt, where they were brutally tortured (both individuals, asylum-seekers in Sweden, were ultimately found to be innocent of any connection to terrorism and received a monetary settlement from the Swedish government). 

Perhaps most disturbingly of all, Swedish law permits extreme levels of secrecy in judicial proceedings and oppressive pre-trial conditions, enabling any Swedish-US transactions concerning Assange to be conducted beyond public scrutiny. Ironically, even the US State Department condemned Sweden's "restrictive conditions for prisoners held in pretrial custody", including severe restrictions on their communications with the outside world.

Assange's fear of ending up in the clutches of the US is plainly rational and well-grounded. One need only look at the treatment over the last decade of foreign nationals accused of harming American national security to know that's true; such individuals are still routinely imprisoned for lengthy periods without any charges or due process. Or consider the treatment of Bradley Manning, accused of leaking to WikiLeaks: a formal UN investigation found that his pre-trial conditions of severe solitary confinement were "cruel, inhuman and degrading", and he now faces capital charges of aiding al-Qaida. The Obama administration's unprecedented obsession with persecuting whistleblowers and preventing transparency – what even generally supportive, liberal magazines call "Obama's war on whistleblowers" – makes those concerns all the more valid.

No responsible person should have formed a judgment one way or the other as to whether Assange is guilty of anything in Sweden.  He has not even been charged, let alone tried or convicted, of sexual assault, and he is entitled to a presumption of innocence. The accusations made against him are serious ones, and deserve to be taken seriously and accorded a fair and legal resolution.

But the WikiLeaks founder, like everyone else, is fully entitled to invoke all of his legal rights, and it's profoundly reckless and irresponsible to suggest, as some have, that he has done anything wrong by doing so. Seeking asylum on the grounds of claimed human rights violations is a longstanding and well-recognized right in international law. It is unseemly, at best, to insist that he forego his rights in order to herd him as quickly as possible to Sweden.  

Assange is not a fugitive and has not fled.  Everyone knows where he is.  If Ecuador rejects his asylum request, he will be right back in the hands of British authorities, who will presumably extradite him to Sweden without delay. At every step of the process, he has adhered to, rather than violated, the rule of law. His asylum request of yesterday is no exception.

Julian Assange has sparked intense personal animosity, especially in media circles – a revealing irony, given that he has helped to bring about more transparency and generated more newsworthy scoops than all media outlets combined over the last several years. That animosity often leads media commentators to toss aside their professed beliefs and principles out of an eagerness to see him shamed or punished.

But ego clashes and media personality conflicts are pitifully trivial when weighed against what is at stake in this case: both for Assange personally and for the greater cause of transparency. If he's guilty of any crimes in Sweden, he should be held to account. But until then, he has every right to invoke the legal protections available to everyone else. Even more so, as a foreign national accused of harming US national security, he has every reason to want to avoid ending up in the travesty known as the American judicial system

Chen Guangcheng


Chinese Human Rights Activist May Have Fled to U.S. Embassy, But He Won’t Get Asylum
by Julian Ku  Apr. 27, 2012

China’s famous human rights activist Chen Guangcheng (who even Christian Bale was beat up when he tried to visit) has somehow managed to escape from his two-year house arrest*  and may have made his way to the U.S. Embassy in Beijing.  Chen has released a powerful web video detailing the physical abuse he and his family have suffered during his house arrest and demanding that the Chinese government act.

(the U.S. not adopt diplomatic asylum, nor bound by the Refugee Convention)
If Chen truly has made it to the U.S. Embassy, he is hardly home free.  If, for instance, he seeks political asylum, he is out of luck.  I will let either Duncan or Peggy correct me on this if I am wrong, but I believe as a matter of policy, the U.S. does not consider asylum requests at their consulates and embassies.  As a matter of law, the U.S. does not view itself bound by the Refugee Convention to do so.  Of course, Chen may seek “sanctuary” but the U.S. has no obligation to give him such sanctuary and will only do so in exceptional or extraordinary circumstances.  Nor does China have any obligation to allow the U.S. to spirit him out of the country.  (I’ve been the U.S. Embassy in Beijing several times and I am a little surprised that Chen could have gotten past the Chinese guards who surround the place without the assistance of U.S. embassy personnel).

I should add that Chen’s public statements suggest he is NOT seeking asylum and he does not want to leave China (his family is still in house arrest).  But with Secretary Clinton headed to Beijing for a few days, this will no doubt become an issue in the already uncomfortable U.S.-China Strategic Economic Dialogue. And perhaps she can chat with Mr. Chen when she gets a snack at the Embassy kitchen. Mr. Chen may be a houseguest for a while.



Who Violated International Law in the Chen Case: The U.S. or China?
by Julian Ku  May 3, 2012

The Chen Guangcheng saga is not yet completed, and indeed, as the NYT puts it, “what briefly looked like a deft diplomatic achievement for Secretary of State Hillary Rodham Clinton [has] turned into a potential debacle.”  I do hope Mr. Chen will find safety and justice soon, but I am not optimistic.

Until we discover his final fate, I thought I’d comment on one of the most curious parts of the Chen saga, especially to many average Chinese citizens.  Here we have the government of the United States bargaining round-the-clock with the Chinese government to guarantee the protection and rights of a Chinese national who lives in China and, who further, has no connection whatsoever to the United States.   In the eyes of many Chinese citizens, this is almost unbelievable (so unbelievable that some suspect a CIA conspiracy).  And for traditional international law, this is exactly the opposite of how things are supposed to work.  The human rights revolution has certainly had an impact in this respect, by focusing countries on the rights of non-citizens in their home countries.

But the human rights revolution has some serious institutional weaknesses.  One notices that Mr. Chen did not sneak into the U.N. mission in Beijing or call upon protection from a still abstract “international community.”  He went to the United States, which is considered one of the few powers  that would not be cowed by the Chinese government, and which is committed enough to human rights that it would not simply sell him out for their national interests (whether this is still true about the U.S. remains to be seen).

Here’s another strange thought: China is now accusing the U.S. of breaking international law. According to this account, State Department Legal Advisor Harold Koh personally approved the admission of Mr. Chen on “humanitarian grounds” and a U.S. embassy car actually was chased through Beijing by Chinese security before it made it to the safety of U.S. marine barracks at the U.S. Embassy.   China considers this a violation of international law (probably Article 41 of the Vienna Convention on Diplomatic Relations), and it is even demanding an apology from the United States.

It seems strange than to conclude that the U.S. may have violated international law, while China has not technically done so.  But this is a greater indictment of the existing international legal system, than of the U.S. actions here. International human rights law may have inspired Mr. Chen, but in the end, it took another nation, acting in technical violation of international law, to protect him.



Article 41
1..  Without prejudice to their privileges and immunities, it is the duty of all persons enjoying such privileges and immunities to respect the laws and regulations of the receiving State. They also have a duty not to interfere in the internal affairs of that State.
2..  All official business with the receiving State entrusted to the mission by the sending State shall be conducted with or through the Ministry for Foreign Affairs of the receiving State or such other ministry as may be agreed.
3..  The premises of the mission must not be used in any manner incompatible with the functions of the mission as laid down in the present Convention or by other rules of general international law or by any special agreements in force between the sending and the receiving State.



Activist Challenges U.S. Deal
May 3, 2012   By KEITH JOHNSON and JOSH CHIN in Beijing and JAY SOLOMON in Washington

But Chinese officials demanded a U.S. apology over allowing a Chinese citizen into the embassy "via abnormal means." Washington defended its actions as "lawful."

In demanding a U.S. apology for the harboring of Mr. Chen, Foreign Ministry spokesman Liu Weimin said the U.S. "should learn from the incident in a serious and responsible attitude and reflect on its own policy and moves," according to the state-run Xinhua news service.

Officials said that Mr. Chen entered the U.S. Embassy on April 26, several days after his escape, with the help of embassy personnel and that the U.S. helped Mr. Chen on humanitarian grounds because of his foot injury, adding that he scaled no fewer than eight walls during his flight.



A Car Chase, Secret Talks and Second Thoughts
By JANE PERLEZ and ANDREW JACOBS   May 2, 2012

BEIJING — Injuries suffered in the course of a daring nighttime escape. A covert appeal from underground activists to top State Department officials for humanitarian protection. A car chase through the streets of Beijing to spirit a dissident to safety inside the fortified American Embassy.

With Mr. Chen in her car, a decision had to be made: try to surreptitiously leave the country through the help of Christian activists, or stay in an attempt to establish an independent life within China. “Chen made it clear that he had no interest in becoming an exile,” said Bob Fu, an exiled Chinese dissident whose organization, ChinaAid, has helped others make the overland escape.

Ms. He followed Mr. Chen’s wishes and drove him more than 300 miles to the capital. “By the time I saw him he was in so much pain from his injury he couldn’t even stand,” said Hu Jia, a dissident in Beijing

It was decided that only the American Embassy could provide that kind of protection. Another friend first contacted the embassy, explaining that Mr. Chen had a serious foot injury and needed help, according to an American official involved in the discussions.

The matter was quickly brought to the attention of Harold Koh, the State Department legal adviser who was in China on another matter. After consulting with senior State Department officials, Mr. Koh determined that Mr. Chen’s injury and blindness qualified him for short-term humanitarian assistance in a “good Samaritan way,” one of the officials said.

A rendezvous point was agreed upon in an area some miles west of the embassy where an official car would meet the vehicle carrying Mr. Chen. The plan was for the lawyer to be helped into the embassy car.

But as the two vehicles were about to converge, the Americans noticed Chinese security cars tailing them, one behind the embassy car, the other behind the car with Mr. Chen and his friend, an American official who was briefed on the events said.

As Mr. Chen’s car moved into an alley, the embassy vehicle drew alongside, and the lawyer was pulled into the American vehicle. The Americans evaded the two Chinese cars and headed for the embassy, the official said.

Once he was safely inside a United States Marine dormitory, American diplomats imposed an information blackout — even refusing to confirm whether Mr. Chen was in their hands — as they negotiated his fate with senior Foreign Ministry officials.

Inside the embassy, the Americans asked Mr. Chen about his desires; he made it clear he did not want to make a request for asylum. Instead, during his talks with Mr. Koh, the State Department legal adviser, and Kurt Campbell, assistant secretary for East Asian and Pacific Affairs, he spoke fervently of his desire to stay in China, to be reunited with his wife and two children, and to start a new life away from Shandong.

The American ambassador, Gary Locke, who rushed back from a vacation in Bali to participate in the negotiations, also spent several hours each day talking to Mr. Chen during his time at the embassy.

In the early sessions with the Chinese diplomats, the Americans suggested that Mr. Chen be allowed to move to Shanghai, where New York University is planning to open a law school. That idea was rejected by the Chinese, they said.

A written document with details of assurances by both sides was not feasible on the grounds that it would take too long to finalize, officials said.

diplomatic asylum

(DO- legal question – in terms of diplomatic asylum, how does it make difference whether an embassy may get a person in or may grab a person outside the embassy premise) 




A Return to “Diplomatic Asylum”?
by Peter Spiro  May 1, 2012

Uri Feldman and Josh Keating have this excellent piece now up over at Foreign Policy on the history and mechanics of diplomatic asylum, as now possibly playing out in the case of Chen Guangcheng. This in the wake of Wang Lijun, who got the Bo Xilai ball rolling and spent 30 hours holed up in the US consulate in Chengdu.  In a different register — because it involved a US citizen — Sam LaHood sought refuge in the US embassy Cairo for four weeks against criminal charges relating to the NGO activities in Egypt before being allowed to leave the country.

I had always thought “diplomatic asylum” something of a misnomer, as often paired with the common misunderstanding that embassy premises are extraterritorial (as in, that the US embassy in Beijing counts as US territory, which in fact it doesn’t).  Turns out that the term has some historical traction, even though the its operation now appears to turn on the inviolability of diplomatic premises under the Vienna Convention on Diplomatic Relations and not any distinctive legal doctrine.  Much of that history played out in Latin America, where the revolutionary era of a century ago led to multiple accords regularizing the practice.  Feldman and Keating unearthed this definitive, lengthy 1975 report of the UN Secretary General on the subject, which makes for pretty interesting reading.

Are we about to see more of the same?  I doubt it.  The 1975 report documents what was a common practice.  As the FP notes, diplomatic asylum was also a recurrent thorn on the East Bloc’s side during the Cold War.  Today it just doesn’t seem that useful a tool; there is too much at stake in relations with countries like China, and human rights disputes are no doubt better managed without the high-theater that comes with these cases.

As Julian points out below, China is also unlikely to grant safe passage that would be required for these people to leave the country  (the diplomatic premises are inviolable, but all bets are off  once the person steps out into the street). It would be interesting to see what sort of instructions are being cabled out of the State Department on this, though — obviously it doesn’t look good to turn back dissidents to the lions.




Gimme Shelter
BY URI FRIEDMAN AND JOSHUA KEATING | APRIL 30, 2012

So, how do you take refuge in an embassy, anyway?

What this means in practice is that once someone seeks refuge in an embassy, the foreign government often enters into negotiations with the host government about the fugitive's fate.   In February, when the Chinese official Wang Lijun turned up at the American consulate in Chengdu seeking asylum and accusing Chinese leader Bo Xilai of corruption, he was eventually transferred to Chinese custody and has not been heard from since.  This time around, it's unclear whether Chen Guangcheng, if he is indeed with American diplomats, is seeking asylum in the United States or simply a temporary safe haven from which to condemn his captors and pressure Beijing to guarantee his safety.  Neither goal is assured and, either way, the episode will be a critical test for U.S.-Chinese relations.

During the Cold War, embassy defections played a critical role in diplomacy. Some of the defectors were spies such as KGB Maj. Vasili Mitrokhin, who walked into the U.S. embassy in Riga as the Soviet Union was collapsing in 1992, bringing with him a treasure trove of intelligence secrets.  In 1953, when the leftist government of Guatemalan President Jacobo Arbenz was overthrown in a CIA-backed coup, Ernesto "Che" Guevara, who had ties to the regime, took refuge in the Argentine embassy before securing passage to Mexico, where he would eventually meet up with Fidel Castro.

On April 5, 1980, 750 Cubans gathered at the Peruvian embassy in Havana demanding political asylum. The next day, their numbers had swelled to 10,000. Recognizing the scale of the political crisis, the Castro regime authorized a boatlift of thousands of asylum seekers to the United States and other Latin American countries. And 1989 saw what became known as the "Prague Embassy Crisis," as hundreds of East Germans began jumping the walls into the West German embassy in Prague, demanding asylum. A tent city was set up in the embassy's courtyard to accommodate the asylum seekers, and eventually more than 20,000 people are thought to have made it to West Germany this way. Just 40 days after the West German government granted the Prague refugees asylum, the Berlin Wall fell.

For the last 50 years, foreign embassies in Beijing have been the most popular destination for North Korean refugees seeking to flee to South Korea or the west. In one of the largest defections, 25 asylum-seekers stormed their way into the Spanish embassy in 2002.

While governments have generally abided by the terms of the Vienna Convention, they have found ways to bend the rules at times.   When ousted Panamanian leader Manuel Noriega took refuge from U.S. troops at the Vatican embassy in Managua in 1990, the Americans blasted rock music -- including Guns'n'Roses -- at the compound in an effort to force him out. Perhaps sick of the racket themselves, Vatican officials eventually gave Noriega his marching orders.

Thanks to Peter Spiro, professor of law at Temple University and blogger at Opinio Juris




Question of Diplomatic Asylum : Report of the Secretary-General
PART II.           REPORT OF THE SECRETARY-GENERAL PREPARED PURSUANT TO OPERATIVE PARAGRAPH 2 OF GENERAL ASSEMBLY RESOLUTION 3321 (XXIX)

1.         Terminology
1.         The term "diplomatic asylum" in the broad sense is used to denote asylum granted by a State outside its territory, particularly in its diplomatic missions (diplomatic asylum in the strict sense), in its consulates, on board its ships in the territorial waters of another State (naval asylum), and also on board its aircraft and of its military or para-military installations in foreign territory. The other form of asylum granted to individuals, namely, that which is granted by the State within its borders, is generally given the name "territorial asylum". The terminology employed in this entire field lacks uniformity.

(1)..  Colombian-Peruvian asylum case

The Case of Chen Guangcheng: A Briefing from the U.S. Legal Adviser


Summer Associate Briefing: The Case of Chen Guangcheng: A Briefing from the U.S. Legal Adviser, Harold Hongju Koh

June 11, 2012, TIME:  12:00-2:00 PM
ASIL Headquarters, Tillar House


I am amazed at his ability to untangle the extreme complexity of Chen's case such that even layperson could see the flow of turns of the event in light of a lawyer as a negotiator. 


As always, he showed off his great sense of humor

  • "Are your mom and dad happy that you 'applied' for NYU?"
  • "we didn't get the drink" 

I came across a news article that said the U.S. government tried to kick Chen out of embassy. According to Mr. Koh, that was not the case. 

Legal questions 

  • whether Chen had a right to enter the U.S. embassy -- No 
  • whether the U.S. may allow (or grab) Chen in its embassy -- it depends -- look to precedents 


Cultural difference 
  • To Westerners, contract matters. 
  • To Chinese, commitment matters.   

Two principles 
  • must be based on Chen's (voluntary) decision
  • should bring him in a better situation than the house arrest 

Koh's father
  • think hard (even ten times a day)