Assange and the Supreme Court decision

The extradition of an alleged rapist comes another step nearer

The Supreme Court has decided, by a majority of 5 to 2, that the European Arrest Warrant issued in respect of Julian Assange is valid.  This means that it is highly likely that Assange will now be extradited to Sweden for questioning in respect of allegations of rape and sexual assault - allegations which he denies.

Any extradition will not be immediate.  Assange’s legal team have been given fourteen days to apply for the Supreme Court to consider argument on the application of the Vienna Convention on the Law of Treaties, which in this case may affect the class of entities which can issue the warrants.  Depending on the interpretation of the relevant part of the Vienna Convention, it may not be that a prosecutor rather than a judicial body can issue an EAW.   

Assange’s legal team contend that this point was not subject to argument at the appeal hearing at the Supreme Court.  If the Supreme Court indeed had no oral or written submissions on the Vienna Convention at all, then it would be a remarkable oversight for the judges to have then relied on it by entirely their own motion.  As only the parties and the court will currently know what was submitted in written “skeleton” arguments, it is not yet clear the extent to which the point being made here is actually a good one.    If the application of the Vienna Convention has not been subject to legal argument in this appeal then it certainly should be, as it is clear from the judgments that at least two judges in the majority relied on it in their decision. 

The leading legal blogger Carl Gardner has also set out other applications which can be used by Assange’s legal team to delay or frustrate the extradition.  The points being made on the EAW regime by Assange and his team are not without merit, and it could be for the advantage of many other people that Assange and his lawyers are forcing the formidable and often illiberal EAWs to be subjected to anxious judicial scrutiny.  It should never be the case that EAWs should be issued lightly. 

Assange and his legal team - like any defendant and their lawyer - are fully entitled to use any available means so that his legal rights can be properly asserted. 

However,  one can also be critical of Assange's litigation strategy.  Assange may be well advised to return to Sweden to answer the serious allegations of rape and sexual assault, which otherwise would remain unanswered.   Rather than sinking his scarce resources in this peripheral litigation in London, it would seem far more sensible to devote energy and money to his substantive legal defence in Sweden.  For the allegations against Assange are objectively serious, and they do require a response.  The allegations really should be responded to sooner rather than later.  And it is sickening that many who should know better seek to deride or discredit the complaints and the complainants.  (On this, see the US blogger Kate Harding's 2010 post here.)

Given that Assange and his supporters contend that the allegations have no basis then a focus on the allegations themselves, and not on points about European Arrest Warrants, would seem to be the course for a wise man rather than a clever man.

 

David Allen Green is legal correspondent of the New Statesman

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 biggest divide in politics is not left against right, but liberals against authoritarians

My week, including a Lib Dem membership rise, The Avalanches, and why I'm putting pressure on Theresa May over child refugees.

It is a boost for us that Nick Clegg has agreed to return to the front line and be our Brexit spokesperson. I hadn’t even had a chance at our meeting to make him the offer when he said: “Before we start, I’ve been thinking about this and want to take on the fight over Europe.”

With Labour apparently willing to give the Tories a free pass to take us out of Europe, the Liberal Democrats are the only UK-wide party that will go into the next election campaigning to maintain our membership of the EU. The stage is remarkably clear for us to remind Theresa May precisely what she would be risking if we abandon free trade, free movement, environmental protection, workers’ rights and cross-border security co-operation. More than a month on from the referendum, all we have heard from the Tories is that “Brexit means Brexit” – but they have given us no clue that they understand what that means.

 

Premature obituaries

Not long ago, the received wisdom was that all political parties were dying – but lately the supposed corpses have twitched into life. True, many who have joined Labour’s ranks are so hard left that they don’t see winning elections as a primary (or even a desirable) purpose of a party, and opening up Labour to those with a very different agenda could ultimately destroy it.

Our experience has been happier: 20,000 people joined the Liberal Democrat fightback in the wake of the 2015 general election result, and 17,000 more have joined since the referendum. We now have more members than at any time this century.

 

Breaking up is hard to do

Journalists have been asking repeatedly if I want to see the break-up of the Labour Party, with moderates defecting to the Liberal Democrats. I have been clear that I am not a home-wrecker and it is for Labour to determine its own future, just as I focus on advancing the Liberal Democrat cause. Yet I have also been clear that I am happy for my party to be a home for liberals of whatever hue. I enjoyed campaigning in the referendum with a variety of progressive figures, just as moderates from different parties shared platforms in 1975. It struck me that far more unites us than divides us.

That said, not all “moderate” Labour figures could be described as “liberal”, as John Reid demonstrated as Labour home secretary. The modern political divide is less left v right than authoritarian v liberal. Both left and right are looking increasingly authoritarian and outright nasty, with fewer voices prepared to stand up for liberal values.

 

What I did on my holidays

Time off has been virtually non-existent, but I am reading A Wilderness of Mirrors by Mark Meynell (about loss of trust in politics, the media and just about everything). I’m also obsessively listening to Wildflower by the Avalanches, their second album, 16 years after their first. It’s outstanding – almost 60 minutes of intelligently crafted dialogue, samples and epic production.

During the political maelstrom, I have been thinking back to the idyllic few days I spent over half-term on the Scottish island of Colonsay: swimming in the sea with the kids (very cold but strangely exhilarating ­after a decent jog), running and walking. An added bonus is that Colonsay is the smallest island in the world to have its own brewery. I can now heartily recommend it.

 

Preparing for the next fight

The odds are weirdly long on an early general election, but I refuse to be complacent – and not merely because the bookies were so wrong about Brexit. If we have learned one truth about Theresa May as Prime Minister so far, it is that she is utterly ruthless. After her savage cabinet sackings, this is, in effect, a new government. She has refused to go to the country, even though she lectured Gordon Brown on the need to gain the endorsement of the electorate when he replaced Tony Blair. Perhaps she doesn’t care much about legitimacy, but she cares about power.

You can be sure that she will be keeping half an eye on Labour’s leadership election. With Jeremy Corbyn potentially reconfirmed as leader in September against the wishes of three-quarters of his MPs, Mrs May might conclude that she will never have a better chance to increase her narrow majority. Throw in the possibility that the economy worsens next year as Brexit starts to bite, and I rule nothing out.

So, we are already selecting candidates. It is vital that they dig in early. As we are the only party prepared to make the positive case for Europe, such an election would present us with an amazing opportunity.

 

Sitting Priti

David Cameron pledged to take an unspecified number of unaccompanied children from camps across the Continent. I am putting pressure on Theresa May to turn that vague commitment into a proper plan. Having visited such camps, I have been fighting for Britain to give sanctuary to a minimum of 3,000 unaccompanied children, who are currently open to the worst kinds of exploitation. We have heard nothing but silence from the government, with underfunded councils reporting that they are not receiving the help they need from Whitehall.

Meanwhile, it remains government policy to send refugees to Turkey – whose increasingly authoritarian government has just suspended human rights protection.

As if all of this were not grim enough, we have a new Secretary of State for International Development, Priti Patel, who has said that she thinks aid should be used largely to promote trade. As someone who wants our country to be respected around the world, I find this plain embarrassing. Actually, it’s worse. It’s shaming. As with Europe, so with the world: the ­Conservative government is hauling up the drawbridge just when we need more than ever to engage with people beyond our shores.

Tim Farron is the leader of the Liberal Democrats. To join the party, visit: libdems.org.uk/join

Tim Farron is leader of the Liberal Democrats.

This article first appeared in the 28 July 2016 issue of the New Statesman, Summer Double Issue