Where he is now is the subject of intense speculation, as is the question of what happens next.
Analysts say the United
States is likely to seek his extradition. But Hong Kong could refuse if
the government in Beijing decides it might be useful to keep him, and
countries such as Iceland could step in to grant him asylum (although
there is no suggestion Snowden has yet applied for asylum there.)
By Snowden's own admission, however, all his "options are bad."
"Yes, I could be rendered
by the CIA. I could have people come after me. Or any of the third
party partners. They work closely with a number of other nations. Or
they could pay off the Triads. Any of their agents or assets," he told
The Guardian newspaper.
"We have got a CIA
station just up the road -- the consulate here in Hong Kong -- and I am
sure they are going to be busy for the next week. And that is a concern I
will live with for the rest of my life, however long that happens to
be."
The U.S. signed an
extradition treaty with Hong Kong in 1996 just seven months before the
then British colony was handed back to Beijing. Hong Kong's extradition
laws had previously been governed by the United States-United Kingdom
extradition treaty.
This new treaty
established an agreement under Hong Kong's "one country, two systems"
that allows Hong Kong autonomy from Beijing in all matters apart from
defense and foreign policy.
Analysts say Snowden's
leaks puts him squarely in the grey area that straddles Hong Kong's
autonomy and Beijing's foreign policy.
"This is a huge
political statement," former CIA operative Robert Baer told CNN. "He has
put himself in serious legal jeopardy. He leaked signals intelligence
and the (U.S.) government is almost mandated to go prosecute him. They
will not let this go at all."
He said the U.S. would
likely seek an extradition warrant so that Snowden, whom he said was in
clear violation of laws governing disclosure of U.S. state secrets,
could face felony charges.
Baer also surmised that
Snowden's timing may have played to Beijing's anger over charges by the
U.S. that China's military had hacked into U.S. government and corporate
networks.
"Frankly ... I think
they're very angry over the hacking charges that have been brought up
over the past couple of months," he said. "I think it's no coincidence
that this interview was aired just as the Chinese premier was leaving
the United States."
A two-day summit between
President Obama and his Chinese counterpart, Xi Jinping, wrapped up
Saturday in California - and the thorny issue of cyber-security was on
the agenda.
"If you're going to make
a political statement like this so strongly with such evidence, you
either do it in Washington DC on Capitol Hill or at worst you go to some
place like Sweden or Iceland that isn't in the game on this deal.
"I think we're going to hear a lot more about this as the weeks go on and there's a lot more to it," Baer said.
Under the Hong Kong-U.S.
treaty, both sides have the right of refusal in the case of political
offenses. However, under Hong Kong's Fugitives Offenders Ordinance,
Beijing has the right of veto over extraditions that could significantly
affect defense or foreign affairs.
Patricia Ho, a lawyer
with Daly & Associates in Hong Kong whose firm has handled asylum
and refugee claims, said that given Hong Kong's lackluster track record
on granting asylum, she was surprised Snowden had lauded the region for
its commitment to civil liberties.
Libyan dissident Sami
al-Saadi still plans to sue the Hong Kong government for its role in his
illegal rendition to and imprisonment in Libya in 2004.
"Within China itself,
Hong Kong has better civil liberties but I couldn't see the Hong Kong
government granting him asylum given their present practices," she said.
She said if Snowden
pursued an asylum claim within Hong Kong, he would have to establish one
of three categories of threat: torture, cruel, inhuman and degrading
treatment or persecution. The last category is designed to cover
ordinary refugees fleeing persecution at home.
The case of WikiLeaks
source Bradley Manning -- currently in detention in the U.S. - could
help Snowden, Ho said. In 2012, the U.N. Special Rapporteur on Torture
found that his detention in solitary confinement for 11 months
"constitutes at a minimum cruel, inhuman and degrading treatment in
violation of article 16 of the convention against torture."
In this case, Hong Kong
could resist extradition unless the US made diplomatic guarantees that
Snowden would not meet the same fate as Manning.
Whether China, which
exerts considerable behind-the-scenes influence in Hong Kong, would put
at risk its relationship with the U.S. over Snowden remains to be seen,
she said.
"If he does come forward
and decides to resist extradition from within Hong Kong then this would
become a very fascinating case because it would challenge 'one country,
two systems,'" Ho said.
No comments:
Post a Comment