Assange loses extradition appeal

High Court upholds European Arrest Warrant for rape, sexual molestation, and unlawful coercion.

Julian Assange has lost his challenge to the European Arrest Warrant (EAW) for his extradition to Sweden to face questioning by the Swedish prosecution authority.

Assange had appealed on four grounds against the decision of Westminster Magistrates' Court. However, the High Court dismissed each of these grounds: the warrant had been validly issued, the offences specified existed in both Sweden and the United Kingdom, the request was proportionate, and the conduct alleged amounted to a criminal offence.

Accordingly, the High Court held that the European Arrest Warrant for Assange in respect of the offences of rape, two counts of sexual molestation, and unlawful coercion, was entirely valid.

This decision is no great surprise; for Assange to have succeeded, it would have effectively required the High Court to undermine the entire EAW system.

The 161 paragraphs of the full judgment completely dismantle the four grounds of the Assange's appeal. The two judges, including the President of the Queen's Bench Division, provide detailed and thorough reasoning as to how each of the contentions of the Assange legal team do not succeed. It is thereby unlikely that this is a case that the Supreme Court will hear, even if there is an attempt at a further appeal.

It is not the business of the High Court to try the substantive allegations, that is to determine the guilt of Assange. That is a matter for the Swedish criminal justice system. Assange has not been charged with any offence, but he is required by the Swedish prosecutors to answer important questions about the serious allegations of rape, sexual molestation, and unlawful coercion. There are questions which require answers.

It is difficult to see why there is now any good reason for Assange to seek further delay in returning to Sweden, especially if he has scarce resources for funding his legal defence. He would be well-advised to now return to face the allegations, of which he may well be innocent.

But there seems nothing more he can do in England to avoid this next step. The raising of technical objections to escape extradition for questioning about serious allegations has now effectively come to an end.

Click here for the full judgement.

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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Did your personality determine whether you voted for Brexit? Research suggests so

The Online Privacy Foundation found Leave voters were significantly more likely to be authoritarian and conscientious. 

"Before referendum day, I said the winners would be those who told the most convincing lies," Paul Flynn, a Labour MP, wrote in these pages. "Leave did." The idea that those who voted for Brexit were somehow manipulated is widely accepted by the Remain camp. The Leave campaign, so the argument goes, played on voters' fears and exploited their low numeracy. And new research from the Online Privacy Foundation suggests this argument may, in part at least, be right. 

Over the last 18 months the organisation have researched differences in personality traits, levels of authoritarianism, numeracy, thinking styles and cognitive biases between EU referendum voters. The organisation conducted a series of studies, capturing over 11,000 responses to self-report psychology questionnaires and controlled experiments, with the final results scheduled to be presented at the International Conference on Political Psychology in Copenhagen in October 2017.

The researchers questioned voters using the "Five Factor Model" which consists of five broad personality traits - Openness, Conscientiousness, Extraversion, Agreeableness and Neuroticism. They also considered the disposition of authoritarianism (it is not considered a personality trait). Authoritarians have a more black and white view of the world around them, are more concerned with the upkeep of established societal traditions and have a tendency to be less accepting of outsiders. 

So what did they uncover? Participants expressing an intent to vote to leave the EU reported significantly higher levels of authoritarianism and conscientiousness, and lower levels of openness and neuroticism than voters expressing an intent to vote to remain. (Conscientiousness is associated with dependability, dutifulness, focus and adherence to societal norms in contrast to disorganisation, carelessness and impulsivity.)

Immigration in particular seems to have affected voting. While authoritarians were much more likely to vote Leave to begin with, those who were less authoritarian became increasingly likely to vote Leave if they expressed high levels of concern over immigration. These findings chime with research by the Professors Marc Hetherington and Elizabeth Suhay, which found that Americans became susceptible to "authoritarian thinking" when they perceived a grave threat to their safety. 

Then there's what you might call the £350m question - did Leave voters know what they were voting for? When the Online Privacy Foundation researchers compared Leave voters with Remain voters, they displayed significantly lower levels of numeracy, reasoning and appeared more impulsive. In all three areas, older voters performed significantly worse than young voters intending to vote the same way.

Even when voters were able to interpret statistics, their ability to do so could be overcome by partisanship. In one striking study, when voters were asked to interpret statistics about whether a skin cream increases or decreases a rash, they were able to interpret them correctly roughly 57 per cent of the time. But when voters were asked to interpret the same set of statistics, but told they were about whether immigration increases or decreases crime, something disturbing happened. 

If the statistics didn't support a voter's view, their ability to correctly interpret the numbers dropped, in some cases, by almost a half. 

Before Remoaners start to crow, this study is not an affirmation that "I'm smart, you're dumb". Further research could be done, for example, on the role of age and education (young graduates were far more likely to vote Remain). But in the meantime, there is a question that needs to be answered - are political campaigners deliberately exploiting these personality traits? 

Chris Sumner, from the Online Privacy Foundation, warns that in the era of Big Data, clues about our personalities are collected online: "In the era of Big Data, these clues are aggregated, transformed and sold by a burgeoning industry."

Indeed, Cambridge Analytica, a data company associated with the political right in the UK and US, states on its website that it can "more effectively engage and persuade voters using specially tailored language and visual ad combinations crafted with insights gleaned from behavioral understandings of your electorate". It will do so through a "blend of big data analytics and behavioural psychology". 

"Given the differences observed between Leave and Remain voters, and irrespective of which campaign, it is reasonable to hypothesize that industrial-scale psychographic profiling would have been a highly effective strategy," Sumner says. By identifying voters with different personalities and attitudes, such campaigns could target "the most persuadable voters with messages most likely to influence their vote". Indeed, in research yet to be published, the Online Privacy Foundation targeted groups with differing attitudes to civil liberties based on psychographic indicators associated with authoritarianism. The findings, says Sumner, illustrate "the ease with which individuals' inherent differences could be exploited". 

Julia Rampen is the digital news editor of the New Statesman (previously editor of The Staggers, The New Statesman's online rolling politics blog). She has also been deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines. 

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