Assange loses appeal – but stays in limbo
Julian Assange has lost his UK Supreme Court appeal against extradition to Sweden on a European Arrest Warrant to face sexual assault allegations in Sweden.
The 5-2 decision centred on the sole issue of interpetation of the term “judicial authority” meant in the British Extradition Act. The majority of the court found that the meaning of the term should be considered to extend beyond a court or judge to a prosecuting authority, reflecting the French meaning of the term in relevant European Union documents.
Assange’s legal team immediately asked for, and was granted, 14 days to consider the verdict on the basis that, in its view, it relied on a point relating to the Vienna Convention on Law of Treaties which had not been argued or considered during hearings. Assange’s legal team therefore now has two weeks to prepare an application for the Supreme Court to reopen the case.
The stay will delay any immediate moves to extradite Assange to Sweden, but leave him in the legal limbo he has been in since late 2010. The Swedish investigation of Assange and the financial blockade of WikiLeaks by Visa, Mastercard and PayPal at the instigation of the Obama Administration has severely disrupted WikiLeaks’s activities.
If extradited to Sweden, Assange will be held in detention while charges against him relating to a 2010 visit to Sweden are investigated (claims that he will be held “incommunicado” do not appear accurate). But while in Swedish custody, Assange will be exposed to the possibility of “temporary surrender” to the United States on a separate extradition warrant confected by the Obama Administration in relation to WikiLeaks’s publication of diplomatic cables and military logs and videos.
Swedish authorities have declined repeated offers by Assange’s legal team for Assange to be interviewed by them in the UK to investigate the claims against him.
The judgment summary makes some interesting observations. The court rejected Parliamentary material on the issue as inadmissible, and indeed in his statement to the court Lord Phillips explicitly noted that some MPs when debating the Extradition Act had interpreted the term “judicial authority” as relating only to judges and courts, and therefore incorrectly. The key paragraph in the decision appears to be:
“An earlier draft of the Framework Decision [the original EU decision to establish the EAW process] would have put the question in this appeal beyond doubt, because it stated expressly that a prosecutor was a judicial authority. That statement had been removed in the final version. In considering the background to this change, the majority concluded that the intention had not been to restrict the meaning of judicial authority to a judge. They relied, as an aid to interpretation, on the subsequent practice in the application of the treaty which established the agreement of the parties. Some 11 member states had designated public prosecutors as the competent judicial authority authorised to issue EAWs. Subsequent reviews of the working of the EAW submitted to the European Council reported on the issue of the EAWs by prosecutors without adverse comment and on occasion with express approval.”










Please login below to comment, OR simply register here :
Thank you for registering, we have just sent you a confirmation email, which includes your new password to be entered below.
But they aren’t prosecutors, they just want to question him.
As Alice observed about WONDERLAND this whole affair gets curiouser and curiouser. The Swedes administering their entirely unique rape laws haven’t charged Assange with anything-the want to lock him up and question him. As the article shows they have repeatedly refused to question him in London. Why must he be questioned only in Sweden under lock and key? It couldn’t be so that secret American indictment which our Labor (sic) Attorney-General says she knows nuthin’ about can be served and the compliant Swedes can extraordinarily render him to Obamaville, could it?
Once he is in the USA expect the used Bob Carr to be as quiet as a church mouse in standing up for this Australian citizen’s rights.
I can’t say I’m surprised at the outcome. Couldn’t see the British legal establishment turning turning EAWs on their head regardless of the arguments advanced about the Swedish prosecutor not being a judicial authority, in the British sense at least.
Having watched her perform throughout the hearing I don’t think Assange could have hoped for a better advocate than Dinah Rose QC, and she was quick off the mark today in flagging that she may request that the hearing be re-opened on a legal technicality.
Rumpole wouldn’t have recognized a French prosecutor as a judicial authority.
I still don’t get why Assange is supposed to be more vulnerable to a US extradition warrant in Swedish custody than in British custody. The US has an extradition treaty with the UK that’s just as comprehensive as its one with Sweden, *and* has fewer safeguards around probably cause.
The theory is that the US has conspired with Sweden to trump up a case against Assange (a) to silence him, and (b) to move him to a country that will hand him over to the USA in the blink of an eye — the rape charges being a red herring.
I guess we’ll soon see what plays out in that regard.
The theory is that the US has conspired with Sweden to trump up a case against Assange (a) to silence him, and (b) to move him to a country that will hand him over to the USA in the blink of an eye — the r-ape charges being a red herring.
I guess we’ll soon see what plays out in that regard.
As the US Satrap..err.. ambassador to OZ smarmed – “we have a far easier extradition arrangement with the UK than Sweden”.
Which means nowt given that amerika reserves unto itself the right to do anything, to anyone, anytime, anywhere on the planet.
That tired used Bob Carr has cranked up, telling all that the Australian government is helping Assange with regular consular visits. Yeah sure. A visit from an obfuscating do-nothing diplomat is really helpful. Recalls Sir Richard–head of the YES MINISTER Foreign Office–who remarked: We will give them all support short of real help.
The sad reality is this: both major political parties want the Yanks to lock up Assange, which as the wise Socratease indicated will be put in train once compliant Britain packs him off to Sweden on the trumped up r-ape charges. Public opinion favours Assange but that is what taxpayer-funded spin doctors are there for.Let the spin about the caring supportive Australian government begin.
@AR
The extradition case would fail in Australia as the Swedish law he is charged with does not exist in Australia and prosecutors in most cases are part of the police force and not the judiciary.
It is only because of the European arrest warrant and the associated treaty that enables extradition in this case.
Please login below to comment, OR simply register here :
Thank you for registering, we have just sent you a confirmation email, which includes your new password to be entered below.