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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The internet dictionary: what is astroturfing?

Yes, like the fake grass.

Thanks to the internet, there are a lot of new words. You’re most likely up to speed with your LOLs and OMGs, which became Oxford English Dictionary-worthy in 2011 (LOL OMG if you’re not). But words emerge constantly, and it can be hard to keep track of them. This is what this column is for. Every week, I’ll define a word that is crucial to understanding the internet, starting with “astroturfing” – like the fake grass.

To astroturf is to mask the author of a message to make it appear to have come from the grass roots. Messages created by brands, politicians and even the military are disguised as comments made by the public. The practice existed before the web – the term is thought to have been coined in 1985 by a US senator who received a “mountain” of letters from insurance companies posing as the public – but the internet has propelled it to new, disturbing heights.

“GIRLS U NEED TO READ THIS,” reads a tweet by a handsome teenage boy named Ashton, who tweets the same words day after day, followed by crying and heart emojis. Ashton lives to promote the book of a 19-year-old self-published author from Sheffield – or, at least, he would, if he lived at all. Ashton is fake, a profile designed to make the book seem popular. Many teenage girls have been duped by this. One told me: “I felt very cheated out of my money and my time.”

It has been estimated that a third of all consumer reviews online are fake. But it doesn’t end with bad books. In China, the “50 Cent Army” are astroturfers who are allegedly paid a small fee for each positive post they write about the Chinese Communist Party. And in 2011, it emerged that the US military was developing an “online persona management service” to spread pro-American messages, allowing one person to manage multiple online identities.

We would be foolish to assume that our own democracy is immune. Much was written about how the Tories used targeted social media adverts at the last election, and it is easy to see how astroturfing could transform our political landscape for ever. 

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

This article first appeared in the 10 August 2017 issue of the New Statesman, France’s new Napoleon