Edward Snowden, the NSA whistleblower. (photo: Guardian UK)
23 June 13
dward Snowden, the NSA whistleblower, is believed to have arrived in Moscow after Hong Kong authorities allowed him to leave despite a US request for his arrest.In a statement, WikiLeaks said the 30-year-old was heading to a democratic country "via a safe route" for asylum purposes and that the organisation was assisting at his request. Snowden had been in hiding in Hong Kong since identifying himself as the source of revelations on US surveillance programmes.
His flight from US authorities, which want to charge him with espionage,
appeared set to continue with an onward flight west from Moscow to
Havana on Monday. From there, various reports indicated that he would
try to get to either Caracas or Quito.
The Hong Kong government said on Sunday he had left of his own accord
"through a lawful and normal channel" and said the request filed by the
US did not fully comply with legal requirements. Pointedly, it also
said it wanted Washington to clarify Snowden's claims that the US had hacked targets in the territory.
The move came two days after the US announced it had
charged him with espionage and hours after the US stepped up pressure on
Hong Kong to issue a provisional warrant for Snowden's arrest with a
view to his surrender.
Snowden had previously said he would stay in Hong Kong
and fight for his freedom through the courts. He had been at a safe
house since 10 June, when he checked out of his hotel after giving an
interview to the Guardian revealing himself as the source who leaked top
secret US documents.
His unexpected departure comes a day after the US
sought to turn up pressure on the territory, with a senior
administration official telling the Washington Post: "If Hong Kong
doesn't act soon, it will complicate our bilateral relations and raise
questions about Hong Kong's commitment to the rule of law."
Sunday's statement from the Hong Kong authorities
said: "Since the documents provided by the US government did not fully
comply with the legal requirements under Hong Kong law, the HKSAR
government has requested the US government to provide additional
information so that the department of justice could consider whether the
US government's request can meet the relevant legal conditions.
"As the HKSAR government has yet to have sufficient
information to process the request for provisional warrant of arrest,
there is no legal basis to restrict Mr Snowden from leaving Hong Kong.
"The HKSAR government has already informed the US government of Mr Snowden's departure.
"Meanwhile, the HKSAR government has formally written
to the US government requesting clarification on earlier reports about
the hacking of computer systems in Hong Kong by US government agencies."
A spokesperson declined to reply to further queries.
Snowden is believed to have boarded Aeroflot SU213 on
Sunday morning, bound for Moscow's Sheremetyevo airport. Reuters cited
an airline source who said the whistleblower would fly on to Cuba on
Monday, before travelling on to Venezuela.
Snowden had earlier cited Iceland as a possible refuge in an interview with the Guardian.
In a statement, Wikileaks said: "He is bound for a
democratic nation via a safe route for the purposes of asylum, and is
being escorted by diplomats and legal advisors from WikiLeaks.
"Mr Snowden requested that WikiLeaks use its legal
expertise and experience to secure his safety. Once Mr Snowden arrives
at his final destination his request will be formally processed."
Dmitry Peskov, spokesman for the Russian president,
Vladimir Putin, said: "I don't [know if he's planning to stay in
Moscow]. I heard about the potential [arrival] from the press. I know
nothing."
On whether Moscow would still consider a request for
asylum from Snowden, Peskov added: "Every application is considered so
it's standard procedure … We are not tracing his movements and I know
nothing."
Simon Young, director of the Centre for Comparative
and Public Law at the University of Hong Kong, described the news of
Snowden's departure as "a shocker".
He said: "The US government will be irate with their
Hong Kong counterparts [and] may even question whether the Hong Kong
government was acting in good faith pursuant to their treaty
obligations. I have no doubt that they were, and it is quite common for
government lawyers to seek more information on surrender or mutual legal
assistance requests before local process can begin."
But Young noted that given the very low threshold for a
provisional warrant - simply providing evidence that the person was in
Hong Kong and that he or she was wanted for prosecution in the US -
Washington "will wonder why the Hong Kong government feels the surrender
paperwork needs to be fully in place before the provisional warrant can
be obtained".
The US department of justice was not immediately
available for comment and the ministry of foreign affairs in Beijing has
yet to comment.
Lawyers had said a legal battle over Snowden's
surrender from Hong Kong could have lasted years, but had also warned
that in the long run it was unlikely to prove successful.
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