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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Buying into broadband’s bigger picture

Reliable internet access must be viewed as a basic necessity, writes Russell Haworth, CEO of Nominet.

 

As we hurtle towards a connected future, in which the internet will underpin most aspects of our daily lives, connectivity will become a necessity and not a luxury. As a society, we need to consider the wider benefits of enabling internet connections for all and ensure no corner of the county is left out of the digital loop.

Currently, despite government incentive schemes and universal service obligations, the rollout of broadband is left largely to the market, which relies on fixed and wireless network operators justifying deployment based on their own business models. The commercial justification for broadband deployment relies on there being sufficient demand and enough people to pay for a broadband subscription. Put flippantly, are there enough people willing to pay for Netflix, or Amazon? However, rather than depending on the broad appeal of consumer services we need to think more holistically about the provision of internet services. If road building decisions followed the same approach, it would equate to only building a road if everyone living in the area bought yearly gym membership for the leisure centre at the end of the new tarmac. The business case is narrow, and overlooks the far-reaching and ultimately more impactful benefits that are available.

Internet is infrastructure as much as roads are, and could easily prove attractive to a wider range of companies investing in digital technology who stand to gain from internet-enabled communities. Health services are one of the most compelling business cases for internet connectivity, especially in remote, rural communities that are often in the “final five per cent” or suffering with below average internet speeds. Super-fast broadband, defined as 30 Mbps, is now available to 89 per cent of UK homes, but only 59 per cent of rural dwellings can access these speeds.

We mustn’t assume this is a minority; rural areas make up 85 per cent of English land and almost ten million people (almost a fifth of the population) live in rural communities. This figure is rising, and ageing ‒ on average, 23.5 per cent of the rural population is over 65 compared to 16.3 per cent in urban areas ‒ and this presents complicated healthcare challenges for a NHS already struggling to meet demand. It goes without saying that accessibility is an issue: only 80 per cent of rural residents live within 4km of a GP’s surgery compared to 98 per cent of the urban population.

While the NHS may not have the resources to build more surgeries and hospitals, robust broadband connections in these areas would enable them to roll out telehealth options and empower their patients with healthcare monitoring apps and diagnostic tools. This would lower demand on face-to-face services and could improve the health of people in remote areas; a compelling business case for broadband.

We can’t afford to rely on “one business case to rule them all” when it comes to internet connectivity – the needs run far beyond Netflix and Spotify, and the long-term, economic and social benefits are vast. It’s time to shift our thinking, considering internet connectivity as essential infrastructure and invest in it accordingly, especially when it comes to the needs of the remote, rural areas of the country.

Russell Haworth joined Nominet as CEO in 2015. He leads the organisation as it develops its core registry business, explores the potential of new technologies in the global internet sector, and delivers on its commitment to ensuring the internet is a force for good.

This article was taken from a New Statesman roundtable supplement "The Internet as Infrastructure: Why rural connectivity is crucial to the UK’s success"

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