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.)

Show Hide image

You are living in a Black Mirror episode and you don’t care

The Investigatory Powers Bill is likely to become law later this year, but barely anyone is resisting the dystopian surveillance it will bring.

“They’re all about the way we live now – and the way we might be living in 10 minutes’ time if we're clumsy,” explained Charlie Brooker when asked to describe the concept behind his science fiction series Black Mirror. When series three was released on Netflix last week, this sentiment was reiterated over and over. “Omg, it’s just like Instagram!!!!” squealed individuals in their masses after watching episode one, “Nosedive”, set in a world where everyone rates one another out of five after their interactions. The parallel with social media is easy, obvious, and intentional, but it doesn’t teach us much. The real ways in which our world is like a dystopian sci-fi are, in fact, much more boring.

There will be no suspenseful songs or dramatic jump cuts preluding the third reading of the Investigatory Powers Bill in the House of Lords next week. The “snoopers’ charter” is likely to become law after it passed through its House of Commons readings with a few amendments, with 444 MPs voting in favour and 69 against. In short, the Bill will give the government unprecedented surveillance powers, allowing them to intercept and collect your communications, collect a list of the websites you visit and search it without a warrant, and force your internet service provider to help them collect your data.

Even though this is highly comparable to the dark visions of the future offered by Black Mirror, no one cares. Though the Bill faced initial resistance when it was announced in 2015, it has passed through its readings relatively unscathed. Black Mirror should provide a prime opportunity to discuss issues around privacy, but people prefer to compare dystopias to things they already hate. Lord help us all if we take selfies or stare at a device which is simultaneously an encyclopaedia, a newspaper, a book, a map, a bank, a radio, a camera and a telephone for more than ten minutes.

Yet the Investigatory Powers Bill does hold many parallels to the last episode of Black Mirror series three, “Hated in the Nation”. In it, the government use autonomous drones shaped like bees to spy on its people, which are then hacked to murder hated public figures. “Ok! The government’s a c**t, we knew that already,” says DCI Karin Parke, moving on to the real issue – not that the government spies on its citizens, but that the spying device can be hacked by those naughty, naughty citizens themselves.

The hacker – Garrett Scholes – has programmed the bees to kill whoever gets the most votes on Twitter via the hashtag #DeathTo. Then, in a Jon-Ronson-worthy twist, he sets the bees on the people who used the hashtag in the first place. The actual, moral, wake-up-sheeple message of “Hated in the Nation”, then, is that we should be careful who we wish death upon on social media. But it is precisely this freedom that we should be protecting. Under the Investigatory Powers Bill, your emails and search history could be used to argue that you really want to kill Katie Hopkins, rather than were just blowing off steam.

Yet it’s hard to blame anyone for ignoring the Bill, which is off-putting not because it’s not an episode of Black Mirror, but because it is long and confusing. Breaking through the terminology is hard, even in the handy fact sheets provided, and the government can claim transparency while using alienating language and concepts.

“Some of the powers in the Bill are deeply intrusive, and with very little possible justification,” warned former MP Dr Julian Huppert last week, “the cost to all of our privacy is huge.” The good news is that you don’t have to worry about metal bees spying on you, and the bad news is that this is because the government will soon have permission to do it the easy way.


Now listen to a review of the new series of Black Mirror on the NS pop culture podcast, SRSLY:

Amelia Tait is a technology and digital culture writer at the New Statesman.