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| Edward Snowden's Moscow stopover became end of the line … for now | Edward Snowden's Moscow stopover became end of the line … for now |
| (3 months later) | |
| On Monday 10 June the whistleblower Edward Snowden left the modern Mira hotel in the heart of Kowloon's Nathan Road shopping district and melted into the busy streets of Hong Kong, one of the most densely occupied cities in the world. He travelled to a safe house provided by a wellwisher and, fearing he would be recognised, did not venture out for more than a week. He was, observers believed, showing every sign that he would stay in Hong Kong and fight his case. | On Monday 10 June the whistleblower Edward Snowden left the modern Mira hotel in the heart of Kowloon's Nathan Road shopping district and melted into the busy streets of Hong Kong, one of the most densely occupied cities in the world. He travelled to a safe house provided by a wellwisher and, fearing he would be recognised, did not venture out for more than a week. He was, observers believed, showing every sign that he would stay in Hong Kong and fight his case. |
| Snowden engaged two lawyers known for their work on sensitive human rights and asylum claims: solicitor Jonathan Man and barrister Robert Tibbo. Both offered their services on a pro bono basis. Snowden also reached out, via WikiLeaks, to the governments of third countries to discuss the possibility of refuge. Iceland and Ecuador were top of the list, but others were also considered. Snowden appears to have been exploring numerous possibilities. | Snowden engaged two lawyers known for their work on sensitive human rights and asylum claims: solicitor Jonathan Man and barrister Robert Tibbo. Both offered their services on a pro bono basis. Snowden also reached out, via WikiLeaks, to the governments of third countries to discuss the possibility of refuge. Iceland and Ecuador were top of the list, but others were also considered. Snowden appears to have been exploring numerous possibilities. |
| "Obviously, it's fairly well known, I think… what WikiLeaks did with regard to Mr Snowden is to connect the legal teams together and assist in his process in seeking for an asylum," Kristinn Hrafnsson of WikiLeaks said in a press briefing on 24 June. "Secondly," said Hrafnsson, WikiLeaks acted "as a go-between carrying the requests and messages to officials in government." | "Obviously, it's fairly well known, I think… what WikiLeaks did with regard to Mr Snowden is to connect the legal teams together and assist in his process in seeking for an asylum," Kristinn Hrafnsson of WikiLeaks said in a press briefing on 24 June. "Secondly," said Hrafnsson, WikiLeaks acted "as a go-between carrying the requests and messages to officials in government." |
| Michael Ratner, President Emeritus of the Center for Constitutional Rights, noted in the same briefing that any country offering asylum in such a case "has to be...strong enough to stand up against the United States". According to Ratner, that would include China and Russia, but it was unlikely that either would take him. The other countries "are those in South America who have been willing to take an independent stand from the US: Venezuela, Ecuador, Bolivia, Argentina, Cuba," he said. | Michael Ratner, President Emeritus of the Center for Constitutional Rights, noted in the same briefing that any country offering asylum in such a case "has to be...strong enough to stand up against the United States". According to Ratner, that would include China and Russia, but it was unlikely that either would take him. The other countries "are those in South America who have been willing to take an independent stand from the US: Venezuela, Ecuador, Bolivia, Argentina, Cuba," he said. |
| While Snowden and his supporters were making plans for escape, officials in the US were working out how to arrest him. Though it would not be revealed publicly for another week, on Saturday 15 June, six days after Snowden melted into the busy streets of Hong Kong, the US sent Hong Kong a request for his surrender. The two sides have a well-used treaty and Hong Kong has proved extremely helpful in complying with US requests in the past, experts say. This time, however, the territory would prove notably cautious in moving forward. | While Snowden and his supporters were making plans for escape, officials in the US were working out how to arrest him. Though it would not be revealed publicly for another week, on Saturday 15 June, six days after Snowden melted into the busy streets of Hong Kong, the US sent Hong Kong a request for his surrender. The two sides have a well-used treaty and Hong Kong has proved extremely helpful in complying with US requests in the past, experts say. This time, however, the territory would prove notably cautious in moving forward. |
| "Hong Kong was right to conduct its due diligence rather than going for it like a bull at a gate," said barrister Mark Sutherland. "If the US responded slowly and a potential suspect left in the interim – that's too bad." Others argue that there were clear political considerations. | "Hong Kong was right to conduct its due diligence rather than going for it like a bull at a gate," said barrister Mark Sutherland. "If the US responded slowly and a potential suspect left in the interim – that's too bad." Others argue that there were clear political considerations. |
| For the Hong Kong government, the key issue was protecting its reputation as a place that upholds the rule of law and honours treaty obligations – essential to its success as an international financial centre – said Joseph Cheng, professor of political science at the City University of Hong Kong. | For the Hong Kong government, the key issue was protecting its reputation as a place that upholds the rule of law and honours treaty obligations – essential to its success as an international financial centre – said Joseph Cheng, professor of political science at the City University of Hong Kong. |
| Like many people in the territory, Cheng takes it as a given that Beijing was involved behind the scenes. "It did not want to be seen as bowing to pressure from the US. Sending Mr Snowden back would have been an unpopular act," he said. "On the other hand, it did not want to confront the US." | Like many people in the territory, Cheng takes it as a given that Beijing was involved behind the scenes. "It did not want to be seen as bowing to pressure from the US. Sending Mr Snowden back would have been an unpopular act," he said. "On the other hand, it did not want to confront the US." |
| The following Monday, Hong Kong informed the US by email that it was considering the issue. But the race against the clock had begun. By mid-week, WikiLeaks' London-based volunteer Sarah Harrison had arrived to aid Snowden. Although not a legal professional, she is believed to have extensive knowledge of asylum issues owing to Julian Assange's case – and her two sisters, Kate and Alexandra, live in the city. They have declined to comment. | The following Monday, Hong Kong informed the US by email that it was considering the issue. But the race against the clock had begun. By mid-week, WikiLeaks' London-based volunteer Sarah Harrison had arrived to aid Snowden. Although not a legal professional, she is believed to have extensive knowledge of asylum issues owing to Julian Assange's case – and her two sisters, Kate and Alexandra, live in the city. They have declined to comment. |
| Albert Ho, whose legal firm worked on the case, suggested Snowden feared being sent to prison. But lawyers in the region say that he could have sought bail. Additionally, had he applied for asylum after detention, he would have stopped the clock on surrender proceedings, some lawyers believe, and having lodged his appeal he could not be detained indefinitely. | Albert Ho, whose legal firm worked on the case, suggested Snowden feared being sent to prison. But lawyers in the region say that he could have sought bail. Additionally, had he applied for asylum after detention, he would have stopped the clock on surrender proceedings, some lawyers believe, and having lodged his appeal he could not be detained indefinitely. |
| By mid-week the US attorney general, Eric Holder, had called his Hong Kong counterpart, Rimsky Yuen, to press for action. Two days later, the US turned the pressure up publicly, with officials briefing the press that Hong Kong was dragging its feet and the delay could damage relations. | By mid-week the US attorney general, Eric Holder, had called his Hong Kong counterpart, Rimsky Yuen, to press for action. Two days later, the US turned the pressure up publicly, with officials briefing the press that Hong Kong was dragging its feet and the delay could damage relations. |
| "At no point, in all of our discussions through Friday, did the authorities in Hong Kong raise any issues regarding the sufficiency of the US's provisional arrest request," an unnamed US official later told the Washington Post. | "At no point, in all of our discussions through Friday, did the authorities in Hong Kong raise any issues regarding the sufficiency of the US's provisional arrest request," an unnamed US official later told the Washington Post. |
| The territory's chief executive, CY Leung, has insisted: "It was not a pretext at all. We were just following the laws of Hong Kong." | The territory's chief executive, CY Leung, has insisted: "It was not a pretext at all. We were just following the laws of Hong Kong." |
| That same afternoon, Hong Kong emailed the US with a list of issues. According to the city's justice secretary, it included the fact that no passport number was included and that Snowden's middle name appeared to have been stated wrongly – basic details that led Hong Kong officials to dismiss the request as "sloppy". | That same afternoon, Hong Kong emailed the US with a list of issues. According to the city's justice secretary, it included the fact that no passport number was included and that Snowden's middle name appeared to have been stated wrongly – basic details that led Hong Kong officials to dismiss the request as "sloppy". |
| But the justice secretary later added that the response also demanded a clarification of whether the US had been hacking targets in the territory, as Snowden had claimed – arguing it was crucial to his chances of mounting a political defence to his surrender. Lawyers say such considerations are far above the usual threshold for a warrant. | But the justice secretary later added that the response also demanded a clarification of whether the US had been hacking targets in the territory, as Snowden had claimed – arguing it was crucial to his chances of mounting a political defence to his surrender. Lawyers say such considerations are far above the usual threshold for a warrant. |
| As significant as the content of that dispatch was its timing. | As significant as the content of that dispatch was its timing. |
| "Even if the US government had replied within hours, it would have been weekend here in Hong Kong … basically giving Snowden the 'weekend window' to escape out of Hong Kong," noted Surya Deva, associate professor at the City University of Hong Kong's school of law. With events moving fast it was clear that Snowden would have to go soon if he wanted to go at all. The situation was crystallising. He would have known that by Monday the US would respond. | "Even if the US government had replied within hours, it would have been weekend here in Hong Kong … basically giving Snowden the 'weekend window' to escape out of Hong Kong," noted Surya Deva, associate professor at the City University of Hong Kong's school of law. With events moving fast it was clear that Snowden would have to go soon if he wanted to go at all. The situation was crystallising. He would have known that by Monday the US would respond. |
| Leaving had always been an option, a source with knowledge of the situation said shortly after his departure, but he had preferred to stay. The decision to go was made in a scramble. | Leaving had always been an option, a source with knowledge of the situation said shortly after his departure, but he had preferred to stay. The decision to go was made in a scramble. |
| Last week, Ho – a well-known former legislator – said that he had been tasked with asking officials whether Snowden could leave safely. He also said that he understood that someone "purportedly representing the government" had made contact with Snowden. | Last week, Ho – a well-known former legislator – said that he had been tasked with asking officials whether Snowden could leave safely. He also said that he understood that someone "purportedly representing the government" had made contact with Snowden. |
| On Saturday morning, the Ecuadorean consulate in London appears to have issued a safe conduct pass for Snowden – though the government in Quito would later describe it as unauthorised. On the same day, the US revoked his passport – a request that Hong Kong authorities had apparently not processed. | On Saturday morning, the Ecuadorean consulate in London appears to have issued a safe conduct pass for Snowden – though the government in Quito would later describe it as unauthorised. On the same day, the US revoked his passport – a request that Hong Kong authorities had apparently not processed. |
| As Snowden prepared he seemed anxious, perhaps concerned that it might be a trap designed to lure him out. | As Snowden prepared he seemed anxious, perhaps concerned that it might be a trap designed to lure him out. |
| On 23 June, two weeks after revealing his identity to the world, Snowden left his hiding place early to drive to Chek Lap Kok airport. The Norman Foster-designed terminals would have been quiet at that time on a Sunday. Flanked by supporters, according to one news report, he managed to avoid being recognised as he checked in at the Aeroflot counter for flight SU213 to Moscow and made his way through regular immigration channels. Within hours, Hong Kong officials were informing their furious counterparts in Washington. They then put out a public statement. | On 23 June, two weeks after revealing his identity to the world, Snowden left his hiding place early to drive to Chek Lap Kok airport. The Norman Foster-designed terminals would have been quiet at that time on a Sunday. Flanked by supporters, according to one news report, he managed to avoid being recognised as he checked in at the Aeroflot counter for flight SU213 to Moscow and made his way through regular immigration channels. Within hours, Hong Kong officials were informing their furious counterparts in Washington. They then put out a public statement. |
| Shortly after 2pm on Sunday, Snowden's plane landed at Moscow's Sheremetyevo airport. Passengers disembarked from the nine-hour flight and were ushered on to waiting buses. Several noted an increased police presence around the plane. At least three saw a black car drive up to the jet. | Shortly after 2pm on Sunday, Snowden's plane landed at Moscow's Sheremetyevo airport. Passengers disembarked from the nine-hour flight and were ushered on to waiting buses. Several noted an increased police presence around the plane. At least three saw a black car drive up to the jet. |
| Those transiting to other destinations, as Snowden supposedly was, passed into the grim halls of Terminal F, a crumbling Soviet-era wing in stark contrast to the rest of the airport's shiny new structures. No passengers said they saw the man whose face had flooded TV screens and front pages for days. He didn't exit with the rest of them. | Those transiting to other destinations, as Snowden supposedly was, passed into the grim halls of Terminal F, a crumbling Soviet-era wing in stark contrast to the rest of the airport's shiny new structures. No passengers said they saw the man whose face had flooded TV screens and front pages for days. He didn't exit with the rest of them. |
| Reporters rushed to the airport and camped out for days but the trail had gone blank. Snowden was nowhere to be seen – not in its dining halls or VIP lounges, at an on-site hotel or the public transit area. | Reporters rushed to the airport and camped out for days but the trail had gone blank. Snowden was nowhere to be seen – not in its dining halls or VIP lounges, at an on-site hotel or the public transit area. |
| Ecuadorian diplomats arrived at Sheremetyevo late on Sunday afternoon, but they too did not know where to find him. The country's foreign minister, Ricardo Patiño, said later that day that Snowden had applied for political asylum. | Ecuadorian diplomats arrived at Sheremetyevo late on Sunday afternoon, but they too did not know where to find him. The country's foreign minister, Ricardo Patiño, said later that day that Snowden had applied for political asylum. |
| The next day, Snowden was registered on a flight to Cuba and then onwards to Venezuela, but he never showed up. | The next day, Snowden was registered on a flight to Cuba and then onwards to Venezuela, but he never showed up. |
| Russian officials finally broke their silence on Tuesday, with the foreign minister, Sergei Lavrov, diplomatically saying that Snowden "hasn't crossed the Russian border". Many took it as a denial of Snowden's presence in Russia, failing to grasp Lavrov's – and the Kremlin's – love of wordplay. | Russian officials finally broke their silence on Tuesday, with the foreign minister, Sergei Lavrov, diplomatically saying that Snowden "hasn't crossed the Russian border". Many took it as a denial of Snowden's presence in Russia, failing to grasp Lavrov's – and the Kremlin's – love of wordplay. |
| Hours later, during a visit to Finland, Vladimir Putin said Snowden was indeed in Sheremetyevo's transit zone. Russia would never give him up, he said, praising his role as a human rights activist. He denied that Russia's spy agencies were working with the whistleblower. | Hours later, during a visit to Finland, Vladimir Putin said Snowden was indeed in Sheremetyevo's transit zone. Russia would never give him up, he said, praising his role as a human rights activist. He denied that Russia's spy agencies were working with the whistleblower. |
| For many that was hard to believe, considering Putin's growing animosity with the United States and the fact that Snowden was clearly hiding, or being hidden by someone. | For many that was hard to believe, considering Putin's growing animosity with the United States and the fact that Snowden was clearly hiding, or being hidden by someone. |
| Amid intense US lobbying, Ecuadorean support for Snowden began to fade. Late on Sunday night, Harrison approached the consular office in Sheremetyevo's Terminal F carrying a request for political asylum in Russia. | Amid intense US lobbying, Ecuadorean support for Snowden began to fade. Late on Sunday night, Harrison approached the consular office in Sheremetyevo's Terminal F carrying a request for political asylum in Russia. |
| The consular officer on duty, Kim Shevchenko, accepted it and called the foreign ministry. They sent a courier over one hour later and are now studying the request. Putin said on Monday that Snowden would have to stop "harming" the US if he hoped to stay in Russia, the first public admission that Snowden could stay in Russia for ever. Whether by chance or design, Snowden now seems ever more likely to remain in Russia, something sure to infuriate the United States. | The consular officer on duty, Kim Shevchenko, accepted it and called the foreign ministry. They sent a courier over one hour later and are now studying the request. Putin said on Monday that Snowden would have to stop "harming" the US if he hoped to stay in Russia, the first public admission that Snowden could stay in Russia for ever. Whether by chance or design, Snowden now seems ever more likely to remain in Russia, something sure to infuriate the United States. |
| "It wasn't the plan to get him and to use him," said Fyodor Lukyanov, a Russian foreign policy analyst. "For Russia, of course, the best scenario would be if he left for a third country but there is no country that seems eager to get him. Since there is no alternative, maybe he will stay." | "It wasn't the plan to get him and to use him," said Fyodor Lukyanov, a Russian foreign policy analyst. "For Russia, of course, the best scenario would be if he left for a third country but there is no country that seems eager to get him. Since there is no alternative, maybe he will stay." |
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