Assange loses extradition appeal
High Court upholds European Arrest Warrant for rape, sexual molestation, and unlawful coercion.
By David Allen Green Published 02 November 2011 11:17
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.
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40 comments
Assange is worried about facing a kangaroo court in Sweden! The Sweds have a better human rights record than Britain! Assange simply couldn't believe no meant no. By his own admission, he went with the women, and had sex with both of them. The one woman's complaint is that when Assange didn't had a condom, she said no and he forced her. He then forced himself on the other woman who was asleep.
If this story was told of an American, who had admited to having gone with the women, you've be demanding his castraition before the trial! Equal justice please.
In Sweden this kind of case is a political trial. The outcome is already obvious for us in Sweden; Mr Assange have no chance. He can look forward many years in prison in Sweden, and a huge risk of being sent for an trial in the US if the US government asks for that. Sweden has several times sent people to torture an prison abroad. So the British decision is nothing else than helping the Swedish political system to imprison Assange. Remember also that a Swedish jury is politically elected according to the political parties votes. So the court is in practice a political institution. http://www.helpwithbaby.com/
Take this phoney and burn him on the fire with the rest of the straw men.
What are you afraid of?
Is HE not the biggest elephant in your room? Give him the boot. Chickens.
I always think you can smell the stink of rape apologists: so why don't you act upon your sense of smell?
"It is difficult to see why there is now any good reason for Assange to seek further delay in returning to Sweden." Dave, either you haven't been paying attention or you're being wilfully deceitful.
Sweden’s bilateral extradition treaty with the USA gives the US's judiciary priority over its own in any case where a defendant potentially faces charges from both countries. This would allow Assange's extradition to the United States BEFORE he faces any of the charges Sweden might bring against him.
Assange’s reason for delaying his return to Sweden is a good one and has been the same since this debacle began.
Chiron is right. This isn't about Assange going to Sweden to face trial but about his being extradited to the USA and facing - what? The same justice as Bradley Manning?
This isn't justice in operation - it's the law being used to shut up a subversive voice.
Isn't it plainly obvious that Assange is being set up for eventual extradition and trial in the US. You don't have to be a Pilger devotee to see this.
Chir0n, your argument makes no sense, the UK has an extradition treaty with the US and the US authorities could request extradition here if they wished. Requesting onward extradition from Sweeden would require the intervention of both the Sweedish and English courts seeming putting Assange in a better rather than a worse position. Do you have some insight into the particular nature of the operation of the US-Sweedish extradition act that makes Assange's position more precarious?
Julian Assange is more bent than Anne Frank's biro!
Assange is still breathing, he has told the world nothing of significance. Believe you me, upset the Rothschild dynasty, and they will quickly kill you. He ain't no late Palestinian sympathiser Lady Di nor gagged anti nuclear terrorist Israel, Mordechai Vanunu. Being adored by the Zionist media, shows that it is obvious that Julian Assange is a shill-- As for who is paying him! I put my shekel on US financed Mossad. Ask them--That is Mossad and the increasingly pissed off American taxpayer? All Assange needed in his farcical defence was a Johnny-bag and please don't tell me that his mysterious victims have close links to parasitic Asiatic Israel.
@Jimbo. Aside from the fact that, according to many legal experts, extradition from the UK is a little harder, the nature of Sweden's extradition treaty with America gives the USA's judiciary priority. This means it's a tidier extradition giving them ALL the power, which they'll want if they're going to incarcerate a foreign national while a secret tribunal (at which Assange will not be given the opportunity to defend himself) decides if he's committed espionage - a crime that in the US potentially carries the death penalty.
Also, @Jimbo because of the bi-lateral treaty between Sweden and USA, the UK's consent would NOT be required.
Chir0n, except EU law disagrees with you:
European Convention on Extradition, Paris, 13.XII.1957, Article 15 – Re-extradition to a third state: "Except as provided for in Article 14, paragraph 1.b, the requesting Party shall not, without the consent of the requested Party, surrender to another Party or to a third State a person surrendered to the requesting Party and sought by the said other Party or third State in respect of offences committed before his surrender"
Assange went to bed with two Swedish ladies of easy virtue at their invitation. He had sex with them at their invitation. He's an attractive male - they must have enjoyed it. He has not been accused of any crime. There's no way he should be extradited. EAW's are the first EU powers which should be repatriated. The USA is no longer a country with which one can have an extradition treaty. Sweden is a vassal state of the US. Assange faces the death penalty for telling the truth. Let Occup London take him under its wind.
Of all countries, it seems so strange that it is Sweden that is choosing to put Truth on Trial. Telling the truth is likely to be punishable by death. Obama awaits, drooling.
Corrections to above - Occupy London
Wing (instead of wind)
But Swedish prisons are like holiday camps...not proper jails like Brixton or the Scrubs: he won't have to worry about being Leroy's bitch...
In protest against GMO ACTA CODEX (toxic food) and women who run freely for the first man and then you apply for rape (fooling the real victims) boycott Swedish products.
watched a very interesting documentary on RT about activists in the US now being directly labelled as terrorists and sent to guantanamo style institutions within US borders. they are crushing dissent in aid of the corporations. assange will be next. even though i still doubt his authenticity and have feeling he works for at least one of the intelligence services, if he doesnt work for the cia/fbi then he may have difficulties ahead
its a shit world we live in and its getting a lot shittier by the day
"This isn't about Assange going to Sweden to face trial but about his being extradited to the USA and facing - what? The same justice as Bradley Manning? "
Bradly Manning should have been tied to a post and shot. He is a traitor of the worst order.
@ above, cuckoo icke stuff
John Woods.
A particularly facile and stupid comment about Swedish women, and plain wrong.
Its about time that Assange had the courage to face up to his conviction.
Being a Swedish citizen, I would like to correct the rubbish written by Victor F. Since the evidence so far seems to be only one person´s word against another, Mr. Assange will most likely be freed. If there are more things against him then it will of course be different, but the Swedish system is just like the British: a person´s guilt has to be proven beyond reasonable doubt. The crime does not even carry a "many years in prison" punishment, so Victor F does not know what he is talking about. Finally, no international body has ever claimed that Swedish courts give politically motivated sentences. Facts, please.
"Highcourt upholds European Arrest Warrant for rape, unlawful molestation, and sexual coertion."
I'm not sure that headline is an accurate description of the Highcourt's judgement, though it is pretty dramatic, which I suppose is the point.
The Highcourt hasn't examined the factual basis, the evidence, the witnesses, on which the issuing of the warrant is based. In fact such an approach would be irrelevant, so they haven't done it. The UK courts aren't meant to review the case, only speedily carry out the warrant.
What the Highcourt has done is say that the EAW is valid and Assange should be extradited under the terms of the treaty relating to the warrant.
To give the impression that the Highcourt, which I think the headline implies, has looked at the charges and decided that Assange 'should' answer the serious alligations for rape, sexual molestation, and sexual coercion, is, I believe misleading.
A detailed examination of the affair, which can hardly be called a case, because Assnage hasn't acutally been charged with anything, (though one gets the impressioon that he has been charged with 'rape, unlaw molestation, and sexual coercion' from reading the UK press) leads one to the conclusion that this 'affair' will never result in charges against Assange once he's back in Sweden, though one never knows.
The affair and the contradictory statements from witnesses two women involved, is so full of holes, that it's absurd. No wonder the first prosecutor in Stockholm rejected the alligations as unprovable in court. That was the correct result.
It's virtually incoceivable that a competent Swedish judge could ever find Assange guilty of the crimes he's alleged to have committed, that's if there is a trial, which is doubtful.
The only reason this affair has developed a life of its own on this extraordinary scale, despite the extraordinary lack of any evidence or eye-witnesses to confirm that any criminal acts ever took place in the privacy of the bedroom between two people, is because of Assange's status as an international celebrity.
If he'd only been a plumber from Bradford, given the same circumstances, and if he'd stayed and completed a proper police interview, there would have been no case, no charges, and no trial.
There is only so much support you can give to some people. They must face the consequences of their past actions. You can't save the whole world.
Assange has no more and no less right than Dominic Strauss-Kahn. If he's facing allegations, he has to answer them. I don't remember anyone shouting "conspiracy" when Strauss-kahn was under allegation - if anything, there was an assumption of guilt by the media.
Obviously Assange ought not to be extradited to the US for their kangaroo-court version of "justice" for Wikileaks.
Obviously he ought to face trial in Sweden for the serious crimes kf rape, sexual molestation, and unlawful coercion with which he has been charged.
That so many rape-excusers are leaping on to the Wikileaks bandwagon as an excuse for defending rape, is an ugly thing to see.
Every accused rapist ought to be pursued with the same seriousness with which the law has pursued Assange.
I gather Assange's latest excuse for his attacks on women is that he is "some kind of chauvinist". Well well.
Hi swatantra nandanwar: What sort of conviction do you mean? A conviction in law for a crime committed, or a firmly-held belief? I'm not aware of any legal conviction (yet!), but have I missed something? Or did you just mean his belief that he is innocent?
To: Arthur O'Connor
"Swedish ladies of easy virtue" Are there any other types of Swedish lady?
The parasitic jewish cuckoo.
gmac has spent far too much time squatting in a cloud cuckoo land vipers' nest. I am no fan of David Icke and his 'stuff'. With regards to the goyim; we must observe the Khazar jew at face value: botanically,the jew is but destructive freeloading mistletoe; ornithologically, the scrounging insectivorous cuckoo. gmac take my advice, lay off David Icke and read more of Joseph Goebbels.
We all owe Assange a great deal of gratitude: he is one of the few who put their lives on line to inform the world about crimes committed by the power. This knowledge empowers the people and exposes the big time profiteers.
The rotten and highy dangerous financial system is protected by the obedient servants in the US-UK governments: http://www.truthdig.com/report/item/too_big_to_jail_20111102/).
And the financial crimes go on, with the same players in charge: http://www.economywatch.com/economy-business-and-finance-news/if-the-ban...
What happened I wonder to my last comment about the bizarre details of this weird affair? They were quite interesting and infromative. But I suppose facts are becoming rather quaint these days.
This case looks a little different for me that have been living for 62 years in Sweden. In Sweden this kind of case is a political trial. The outcome is already obvious for us in Sweden; Mr Assange have no chance. He can look forward many years in prison in Sweden, and a huge risk of being sent for an trial in the US if the US government asks for that. Sweden has several times sent people to torture an prison abroad. So the British decision is nothing else than helping the Swedish political system to imprison Assange. Remember also that a Swedish jury is politically elected according to the political parties votes. So the court is in practice a political institution.
Good, access again. So I'll be quick.
After two weeks AA delivered a condom she'd apparently kept after sex with Assange. The famous split condom which had soured their sexual relationship.
Strangely, according to leaks from the Swedish sieve; sorry the police, who like their UK collegues get paid for this stuff; the famous condom didn't contain Assange's DNA - which is a bit odd. Was it washed and kept as trophy before the lovers fell out? Finally according to other sources in Sweden, the condom didn't split, but was cut with a sharp object, not Assange's thingy. One can apparently see the difference if one examines the condom with an electron microscope.
What does this information, if accurate, and everything else has leaked from the affair, what does this tell one about the credibility of the states star witness AA?
A lot about this strange affair lies, not so much with the two women involved, one seems to have been used as a 'Trojan horse' by the other, AA, to take revenge on Assange, and then things got completely out of control.
This happened when AA contacted another of her network in the Social Democratic party, a famous lawyer down on his luck who saw this as an opportunity to raise his profile. He then travels across Sweden to Lund and contacts another friend from the party, prosecutor MN. She jumps at the chance to nail Assange and raise her profile and status.
MN is interesting, with an almost morbid interest in spectacular sex cases and an ideologicl interest in continually widening the net for what can be classified as male sex crimes. The legal, political ball is now rolling, rolling, rolling.
MN was involved in a case a couple of years ago in Sweden, which was thrown out with contempt by the judge. It's interesting as it shows MN's methods and interests.
A young woman chats with an older man on the net about sex and S 'n' M. She is interested and curious. They meet. They agree to take it further. They have rules and pass words. The girl's mother then discovers the 'kinky' relationship and goes beserk. She contacts MN in Lund and they agree the daughter has been 'raped' by the man and coerced into sex.
At the trial the couple are devoted to one another and the girl proclaims that she wasn't raped and they had a loving and caring relationship based on mutual respect and no force or violence was involved ever.
On hearing this the judge dismisses the case and is very irritated with prosecutor MN.
This case illustrates the minefield that is Swedish sexual politics and why prosecutor MN, after this fiasco was determined to restore her reputation by going after Assange.
But I thought all men were rapists....
It's awfully convienent that as soon as WikiLeaks started embarassing the governments of the world that these sex crime charges came up against Assange.
POLL: Are the allegations of sex crimes against WikiLeaks founder Julian Assange trumped up?
Vote: http://www.wepolls.com/p/4581702
It sounds like Writeon is working extra hard for Assange's defence team. What are you writeon ... judge jury and executioner.. wait until the trial or I bet you think he shouldn't even go on trial.
Where do you get 'your' 'evidence' .. how much is it made up and how much of it is real? A lot of women are looking right through you now and they can see a big bright sign saying 'Bullshitter'. Stop lying.
100% with you Yonmei.