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Sunday, June 23, 2013

Edward Snowden leaves Hong Kong for Moscow: live updates

The NSA whistleblower has left Hong Kong on an Aeroflot flight to Moscow, two days after the US charged him with espionage, with his eventual destination unknown
Edward Snowden, who has left Hong Kong on a plane to Moscow. Photograph: AP
Peter Walker - guardian.co.uk,

2.37pm BST
Reuters has been listening to Mike Rogers, the Republic congressman who chairs the Intelligence Select Committee. The initial quotes have Rogers arguing that Snowden's flight "defies logic" given his self-state whistleblower status, and that the US should use all legal options to have him brought to the US.

Updated at 2.40pm BST
2.33pm BST
Various tweets are citing Russia's Interfax news agency as saying Snowden was met on the airport tarmac by a Venezuelan diplomat, who took him away in a car.

#Russia's Interfax news agency reports Venezuelan diplomat picked Snowden up in a car on tarmac at Moscow airport. Whisked him away #NSA

— Jon Williams (@WilliamsJon) June 23, 2013
2.25pm BST
Vans belonging to Russian presidential administration waiting by Aeroflot jets pic.twitter.com/f2THVsAytq

— Miriam Elder (@MiriamElder) June 23, 2013
Miriam Elder in Moscow, who is at Sheremetyevo airport, has tweeted this.

2.21pm BST
Dominic Rushe sends this statement from a US Department of Justice spokeswoman:

As we stated yesterday, the United States had contacted authorities in Hong Kong to seek the extradition of Mr Snowden, based on the criminal complaint filed in the Eastern District of Virginia, and in accordance with the US-Hong Kong agreement for the surrender of fugitive offenders.

We have been informed by the Hong Kong authorities Mr Snowden has departed for a third country. We will continue to discuss this mater with Hong Kong and pursue relevant law enforcement cooperation with other countries where Mr Snowden may be attempting to travel.

2.18pm BST
WikiLeaks has issued a brief profile of Sarah Harrison, the WikiLeaks staffer believed to have flown with Snowden.

2.16pm BST Snowden arrives
The arrival of Snowden's plane has been confirmed by Moscow's Sheremetyevo airport. The flight touched down at 5.03pm local time (2.03om BST).

Updated at 2.16pm BST
2.13pm BST
Snowden's flight from Hong Kong has touched down in Moscow, according to the New York Times correspondent in the city.

Snowden has landed in Moscow.

— Ellen Barry (@EllenBarryNYT) June 23, 2013
2.09pm BST
My colleague Dominic Rushe in New York has been speaking to a US extradition expert:

Douglas McNabb, founder of McNabb Associates, a law firm that specialises in extradition cases, points out that the US has extradition treaties with both Venezuela and Cuba but not Russia.

Cuba's treaties date back to 1904 and 1905 and Venezuela's to 1922 and 1923.

“There are old but valid treaties with both Venezuela and Cuba. But the US doesn’t exactly have great international relations with either of those countries. In any of these countries, Russia included, politics is going to play a large part. This case is going to be 10% legal and 90% politics,” he said.

2.05pm BST
Snowden's flight from Hong Kong is scheduled to arrive at terminal F of Moscow's Sheremetyevo airport in the next few minutes, according to live airport arrivals information.

Updated at 2.06pm BST
1.33pm BST
Snowden's Aeroflot flight to Havana passes thru US airspace. Will Federal authorities allow wanted man to fly over US or make plane land?

— Jon Williams (@WilliamsJon) June 23, 2013
A thought from Jon Williams, foreign editor at ABC News.

1.25pm BST
The handy flight tracker shows Snowden's plane is within reach of Moscow. It should land in about 45 minutes or so. But of course, if he is visa-less and awaiting an onward flight to Havana the 30-year-old will then be a little more visible than he is currently on the plane.

Updated at 1.33pm BST
1.15pm BST
Reuters is quoting a source at Aeroflot saying Snowden is, as predicted, booked on a Moscow to Havana flight on Monday, and "plans to go to Venezuela".

1.09pm BST
WikiLeaks has now issued this statement, which largely echoes what Assange said:

Mr Edward Snowden, the American whistleblower who exposed evidence of a global surveillance regime conducted by US and UK intelligence agencies, has left Hong Kong legally. 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.

Updated at 1.32pm BST
1.05pm BST
Assuming Assange's comments, below, are correct – and there is some evidence pointing to a WikiLeaks involvement – then talk of a "democratic country" would appear to lean more towards Venezuela as an eventual destination rather than Cuba. But it's fair to say we simply don't know yet.

1.02pm BST
Julian Assange, the WikiLeaks founder, has been speaking about Snowden's departure from his own exile, inside the Ecuadorean embassy in London.

Speaking to the Sydney Morning Herald, Assange said WikiLeaks had arranged Snowden's passage to a "democratic country" that he refused to name. He said:

He is expected to land in Moscow at 5pm, local time and will be met by diplomats from the country that will be his ultimate destination. Diplomats from that country will accompany him on a further flight to his destination...

Owing to WikiLeaks' own circumstances, we have developed significant expertise in international asylum and extradition law, associated diplomacy and the practicalities in these matters.

I have great personal sympathy for Ed Snowden's position. WikiLeaks absolutely supports his decision to blow the whistle on the mass surveillance of the world's population by the US government.

12.56pm BST Summary
It's time for a brief precis of where we are with this fast-moving story:

• Edward Snowden, the US National Security Agency contractor who revealed secrets of the extent and scale of American surveillance and hacking activities to the Guardian, has left Hong Kong, according to the territory's government. A Hong Kong government statement said Snowden left "of his own accord for a third country through a lawful and normal channel". The US had filed for an arrest warrant, but the documents sent by Washington did not fully meet legal requirements, the statement added.

• The 30-year-old is widely reported to be on an Aeroflot flight to Moscow, which is due to land in about 90 minutes. Sources with the airline say he is booked on the plane with someone called Harrison, believed to be Sarah Harrison, a WikiLeaks staffer.

WikiLeaks has claimed in tweets it "assisted Mr Snowden's political asylum in a democratic country" and that its "legal advisers" are with him.

• Snowden is reportedly heading to an unknown destination after Moscow. Russian news agencies say he is booked on an onward flight on Monday to Havana, with one report saying he will then travel from Cuba to Caracas in Venezuela. The agencies say Snowden does not have a Russian visa.

• Snowden's departure came on the same day the South China Morning Post carried detailed reports of claims from him about US actions against China, including allegations of the hacking of phone text messages.

• The US is likely to be angered by Hong Kong's decision to let Snowden leave. Some politicians in the territory say the decision has saved Hong Kong what could have been a long and anguished debate over whether to extradite him. Beijing has yet to comment on the news.

Updated at 12.59pm BST
12.39pm BST
It's worth noting that the Moscow-based English language news channel Russia Today has been claiming for the past hour that Snowden is already in Moscow. It appears to be alone in saying this.

BREAKING: #Snowden is already in Moscow - RT's source http://t.co/8CJew5QeqP

— RT (@RT_com) June 23, 2013
Updated at 12.55pm BST
12.34pm BST
The Moscow correspondent for ABC News makes this interesting point. It was sent after ABC said it had confirmed Snowden and WikiLeaks staffer Sarah Harrison were booked on an Aeroflot flight to Cuba on Monday.

Remember, "booked" doesnt nec mean "traveling." #Snowden needed connecting flight to reach #Russia w/o visa. Could request asylum on arrival

— Kirit Radia (@KiritRadia_ABC) June 23, 2013
Updated at 12.55pm BST
12.31pm BST
Tania Branigan emails in to say that the ministry of foreign affairs in Beijing is, as yet, not commenting on the departure of Snowden.

12.30pm BST
Interfax says Snowden doesn't have a Russian visa and will await Havana flight in SVO transit zone http://t.co/pzpa4MflHI

— Miriam Elder (@MiriamElder) June 23, 2013
A tweeted update from Miriam Elder in Moscow.

12.17pm BST
Tania Branigan has been speaking to another politician in Hong Kong, who says Snowden's departure has a lot to recommend it for both the territory and Beijing:

Ronny Tong Ka-wah, a barrister and legislator for the pro-democracy Civic Party, said: “From Beijing’s point of view it is probably the most acceptable solution. If Beijing was to refuse to surrender Snowden that might harm Sino-US relations. On the other hand, if Beijing was to allow Snowden to surrender, it might well be subject to criticism both here in Hong Kong and in European countries making noises about the conduct of the US. The additional issue is that if it was put through the judicial process, it would be difficult to predict the outcome.”

Hong Kong is part of China but governed under the “one country, two systems” framework, which gives it considerable autonomy but makes it clear that Beijing has authority on matters of foreign relations.

The statement on Snowden’s departure came from the Hong Kong government and Tong said he doubted Beijing would want to be publicly involved, adding: “It’s far better to stay behind the scenes and allow Hong Kong to appear to be dealing with it.”

12.04pm BST
The New York Times has an interesting quote from the veteran Hong Kong politician Regina Ip, arguing that by letting Snowden slip out the territory's government has saved itself a long and difficult debate on whether to extradite him:

I think your (the US) government will be upset for a while, but I hope that they will shrug it off, because our government acted in accordance with the law. Our government officials can breathe a sigh of relief.

Updated at 12.52pm BST
11.46am BST
As an indicator of Beijing's possible attitude to the decision of Hong Kong in allowing Snowden to leave, this commentary piece today from the official Xinhua news agency is interesting. It talks of Snowden's latest revelations of US hacking against China as "clearly troubling", adding:

They demonstrate that the United States, which has long been trying to play innocent as a victim of cyber attacks, has turned out to be the biggest villain in our age.

At the moment, Washington is busy with a legal process of extraditing whistleblower Snowden.

But for other countries, Washington should come clean about its record first. It owes too an explanation to China and other countries it has allegedly spied on. It has to share with the world the range, extent and intent of its clandestine hacking programs.

11.36am BST
As a reminder of the issues at stake here, this is Edward Snowden's video interview with the Guardian from earlier this month in which he describes the motivations for his actions.

Here, Snowden answered questions from readers.

11.32am BST
Miriam Elder notes that some Russian MPs have been taking to Twitter to call on their government to offer Snowden asylum:

Alexey Pushkov, the head of the Duma’s international affairs committee said: “It’s already being said that an offer of asylum to Snowden from us would be ‘a Cold War act’. But spying in wigs is the norm, so asylum isn’t an act,” he said referring to the Kremlin’s recent expulsion of a suspected US spy.

Robert Shlegel, another MP, tweeted: “Mr. Snowden stay in Russia!” with a smiley face emoticon. He later added: “If Snowden will be in transit in Russia for nearly 24h it would be right to offer him political asylum during that time.”

11.25am BST
For weeks only a handful of people have known Edward Snowden's location. For the next three hours at least we all do – you can follow the progress of Aeroflot SU213 live, via this website. He's just passed slightly north of Omsk.

11.08am BST
More from Tania Branigan in Hong Kong:

Barrister Robert Tibbo and solicitor Jonathan Man have just said they have been acting for Snowden during his stay in Hong Kong. Tibbo confirmed: "He departed Hong Kong through legal means, through immigration channels. We have no comment on his specific departure details at this time."

Updated at 11.28am BST
11.06am BST
It's possible Cuba could also be a staging point, according to Russian news agencies.

While both Interfax and Itar-Tass are now saying Snowden is booked on a Monday flight from Moscow to Havana, the latter is also citing an unnamed source as saying the American will then go on from Havana to Caracas in Venezuela.

Updated at 12.49pm BST
11.01am BST
If Snowden does end up in Cuba he will, of course, be in a deeply paradoxical position for a whistleblower and advocate of open information. Cuba maintains significant repression against independent journalists, along with government opponents and right activists. It's also not at all that keen on free internet access. Here's what the Amnesty International 2013 report has to say:

Peaceful demonstrators, independent journalists and human rights activists were routinely detained for exercising their rights to freedom of expression, association and assembly. Many were detained and others were subjected to acts of repudiation by government supporters...

The authorities adopted a range of measures to prevent activists reporting on human rights including surrounding the homes of activists and disconnecting phones. Organisations whose activities had been tolerated by the authorities in the past, such as the Cuban Commission on Human Rights and National Reconciliation, were targeted. Independent journalists reporting on dissidents’ activities were detained.

The government continued to exert control over all media, while access to information on the internet remained challenging due to technical limitations and restrictions on content.

Updated at 12.47pm BST
10.55am BST
This comes in from Tania Branigan in Hong Kong:

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 I'm surprised here. Under the Foreign Offenders Ordinance, it is a very low threshold test to get the provisional warrant in place. Only two requirements are needed; evidence that the person is in HK (no doubt here) and that the person is wanted for prosecution in the US (again, another no brainer). The US government will wonder why the Hong Kong government feels the surrender paperwork needs to be fully in place before the provisional warrant can be obtained."

He added: "It's no surprise that Snowden left. His situation would have changed drastically with the issue of the warrant. From his 'safe place' he would have been detained in prison awaiting the completion of both his surrender and asylum proceedings. That would have been a harsh existence if he was to fight it out and [with] no certainty that he would not be surrendered."

10.50am BST
Amid the fast-moving speculation about Snowden's eventual destination, it's worth considering again the decision of Hong Kong's government to let the whistleblower go despite the US formally requesting his arrest.

Since Snowden announced his presence in Hong Kong there has been lengthy speculation about whether the Chinese territory would simply bow to American demands. It did not: Hong Kong officials decreed the US request did not contain enough information, and thus Snowden could leave freely. That's a fairly significant step by the former British colony, and will annoy Washington.

Updated at 12.41pm BST
10.40am BST
Going back to our 10.18am update, which said Snowden was travelling with someone called Harrison, it's worth noting that WikiLeaks has a staff member called Sarah Harrison. This would tie in with the WikiLeaks tweets.

Updated at 12.40pm BST
10.37am BST
Interfax, the Russian news agency, is saying Snowden is set to fly on to Cuba. It's citing Aeroflot sources as saying there is a ticket in the American's name for a Moscow to Cuba flight, Reuters reports.

10.31am BST
Today's South China Morning Post also has further revelations from Snowden about what he describes as large scale US espionage and data-gathering operations against mainland China. The allegations include:

• Extensive hacking into private phone text messages in China.

• Attacks on the main servers at China's prestigious Tsinghua University.

• Hacking computers at the Hong Kong offices of Pacnet, a company which operates the region's biggest network of undersea fibre optic cables.

Updated at 12.37pm BST
10.27am BST
WikiLeaks has tweeted again, saying Snowden is on the flight "accompanied by WikiLeaks legal advisers". Presumably one of these is called Harrison.

FLASH: Mr. Snowden is currently over Russian airspace accompanied by WikiLeaks legal advisors.

WikiLeaks (@wikileaks) June 23, 2013
Updated at 12.36pm BST
10.22am BST
Miriam Elder in Moscow has been talking to a spokesman for Vladimir Putin, Dmitry Peskov. He says:

I don’t [know if he's planning to stay in Moscow]. I heard about his potential arrival from the press. I know nothing.

Asked whether Russia itself would consider an asylum request:

Every application is being considered so it’s standard procedure... We are not tracing his movements and I know nothing.

10.18am BST
The New York Times has managed to speak to an Aeroflot reservations agent who said Snowden's ticket to Moscow was one-way and didn't include any onward travel. Snowden was travelling with one other person, called Harrison, the agent said.

10.14am BST
So now to the unanswered question: where from Moscow? The South China Morning Post is very confident Snowden is heading to another destination. The obvious initial bet would be Iceland, which has reportedly already received an informal approach as to whether it would accept an asylum application from him.

Other possible destinations touted so far include Ecuador – which would tie in with a WikiLeaks link, given Julian Assange's year-long sojourn inside the Ecuadorean embassy in London – and even Havana. But it's safe to say we don't know yet.

Updated at 12.35pm BST
10.08am BST
This is the full Hong Kong government statement on Snowden's departure. HKSAR stands for Hong Kong Special Autonomous Region, the territory's somewhat cumbersome official name.

The HKSAR Government today (June 23) issued the following statement on Mr Edward Snowden:

Mr Edward Snowden left Hong Kong today (June 23) on his own accord for a third country through a lawful and normal channel.

The US Government earlier on made a request to the HKSAR Government for the issue of a provisional warrant of arrest against Mr Snowden. 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. The HKSAR Government will continue to follow up on the matter so as to protect the legal rights of the people of Hong Kong.

Ends/Sunday, June 23, 2013
Issued at HKT 16:05

10.05am BST
WikiLeaks has issued a tweet claiming it "assisted" Snowden to leave Hong Kong and get "political asylum in a democratic country".

FLASH: WikiLeaks has assisted Mr. Snowden's political asylum in a democratic country, travel papers ans safe exit from Hong Kong. More soon.

WikiLeaks (@wikileaks) June 23, 2013
Updated at 12.35pm BST
10.01am BST
Snowden faces espionage charges in connection with the revelations he passed to the Guardian based on his work as a contractor with the US National Security Agency (NSA). He is charged with theft of government property, unauthorised communication of national defence information and wilful communication of classified communications intelligence information to an unauthorised person, according to court documents.

So why was he able to leave Hong Kong? Seemingly because the US arrest documents were not detailed enough for the Chinese territory.

The Hong Kong government said in a statement on Sunday that while US authorities issued a provisional arrest warrant against Snowden, the documents "did not fully comply with the legal requirements under Hong Kong law". Hong Kong's government asked the US for more information, but before that happened there was no legal reason to stop Snowden leaving the territory.

9.52am BST
Edward Snowden has left Hong Kong: the NSA whistleblower, now sought by US authorities on espionage charges, departed the Chinese territory by commercial airliner on Sunday morning local time and is en route to Moscow, the South China Morning Post reported.

Russia will not be his eventual destination, the report said, though it is not known where Snowden will eventually end up. The paper quoted Hong Kong's government as saying the 30-year-old left "of his own accord for a third country through a lawful and normal channel".

Snowden is reported to be on Aeroflot flight SU23, scheduled to arrive in Moscow at 5.15pm local time (2.15pm BST).

Here's our initial report on the story, by Tania Branigan in Hong Kong.

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