Assange loses appeal against extradition to Sweden
WikiLeaker-in-chief Julian Assange has lost his appeal against extradition to Sweden to face accusations of sexual harassment and rape, the UK Supreme Court ruled in the last hour. Lord Phillips of Worth Matravers said that Assange's "request for extradition has been lawfully made and his appeal against extradition is lawfully …
Re: But aren' t the 539 days of house arrest without being charged
"Once in Sweden (note the limited use of the letter "e") the US can extradite him under one of several TIAS extradition agreements, not only *can* the US do this, the legalities would be water tight (several sections of the extradition agreements would cover it), I would be completely astounded if they don't at least try."
Nope. Wrong, because the Swedes are bound under the EAW to refer to the UK first for authorisation. Accordingly that would mean the UK would have to refer the matter to Australia. Anyhow, the US government have said they do not yet have sufficient material for a case but, you know, I am certain that the matter will crystallise over the next year or so. Just in time for Julian to be arrested when he is released from Swedish Bubba's ever loving arms. Meheh.
So you could argue that there is a conspiracy to hold him in Sweden until the EAW becomes an irrelevance, that is to say Assange is convicted, imprisoned and then released and, as soon as he steps out of the prison gates Special Agent John Smith will render unto Obama what is Obama's due.
This of course would happen without reference to the UK, since the EAW will have lapsed and will have been superseded by a spell doing porridge, and that would eliminate the Australia problem. Game, set, match and Assange gets to bunk Bradley Manning.
I said this last year and no one picked up on it, not even the tin foil brigade, who resemble k00ks everywhere but will beat their chests and claim that they are the only sensible people 'here'. I reckon there are a few section 3s here.
Re: @ Windrose
'Look up "temporary surrender". Sweden actually doesn't even have to ask the UK.'
The wobbly concept "temporary surrender" is defined in our old friend TIAS 10812, specifically Article VI. It state:
"If the extradition request is granted in the case of a person who is being prosecuted or is serving a
sentence in the territory of the requested State for a different offense, the requested State may:"
Notice anything peculiar? I refer my learned friend to Article 2, part 1. In addition, Swedish law explicitly forbids extradition in specific cases where there is a fear of torture, the death penalty, etc; and under some circumstances if it is a political crime.
Since some US politicians already HAVE called for the death penalty (for an innocent man, no less; let's not forget the 'unless proven guilty' here) it is not a politically popular idea.
'All that for an alleged minor offense that doesn't exist in the UK (in the whole world bar Sweden it would be called "lack of manner"), and doesn't carry prison time in Sweden'
I AM aware that quite a few people would like to see 'rape' not being an offense, but alas, it is, in Sweden as in most places. The penalty for this would likely be in the 2-4 year bracket. BS, in other words.
I'm in two minds about this. I expect him to be shunted direct to America from Sweden after the sex case trial collapses, which would be an abuse to the extradition process, which would give evidence to less annoying people facing extradition who want to argue that the process was likely to be abused.
Thus while it's annoying that the system is open to such abuse, it's not so bad if it means only Assange gets shafted this way.
And you base this on your vast experience of Swedish law? I'm from Sweden and don't have an opinion whatsoever whether the prosecutor has a case or not since the evidence will presented once (and if) this goes to court. However, Swedish law prohibits immideate extradition to US and since US has death penalty, there are even more laws making this extremely difficult to do. UK on the other hand can send him there whenever US asks for it since there is a collaboration between them regarding this, so if US would be the problem for Assange, he should run for Sweden as he is safer there.
@Mycho
>>I'm in two minds about this. I expect him to be shunted direct to America from Sweden after the sex case trial collapses, which would be an abuse to the extradition process, which would give evidence to less annoying people facing extradition who want to argue that the process was likely to be abused."
But since he was hoping to stay in Sweden anyway, why would anyone bother with the whole bloody thing in the first place, rather than just have the US build up a case against him in secret to pass to the supposedly compliant Swedes whenever they felt like it?
evidence?
>the evidence will presented
You seriously think this has anything to do with actual legal process? I'm just surprised the US didn't go for the paedophile angle.
I sincerely doubt I'm alone when I say I'm very, very disappointed in Sweden. We all know the UK is a slave to its former colony, but bloody Sweden?? We always viewed that place as a beacon of progressive ideas - not abject cowardice.
"the European arrest warrant system could collapse if..."
and what a terrible thing that would be!
Re: "the European arrest warrant system could collapse if..."
Yeah it would. Commit a crime in london, and take the Eurostar to Paris to get off.
Re: "the European arrest warrant system could collapse if..."
Because no-one ever thought of extradition treaties before the EU came along. Webster-Ashburton Treaty of 1842 between Britain and the US? Similar treaty agreed between Britain and France in 1843? France and Wurttemberg, 1759?
I wish I was a liberal and not have to waste time with facts and research to back up my arguments.
Shocked
I'm shocked that a man wanted for questioning by one of our close neighbours in Europe is being allowed to be extradited there to face the music. I thought one of the basic tenets of law is that if you flee the country before you get charged, and then spend millions of pounds fighting extradition, that you should basically get away scot-free.
Re: Shocked
Now now, this is no time for sarcasm. Although..
I'm never glad that someone has to face the music for basically being an idiot, but in the case of Assange Im happy to make an exception (although I won't break out the champagne). He had 100% control over the situation, that it came to this is edge-to-edge his own fault. The irony that it took a leak of the case documents to disprove his version was just a delicious topping..
What I especially like is how it draws out the clueless and the misguided in his defence. Let the down votes begin, I ought to clock a record here today.
No matter what you think of wikileaks, the man is accused of RAPE.
RAPE RAPE RAPE RAPE RAPE RAPE RAPE
If he is innocent, he should be desperate to prove his innocence. Doesn't matter if he is charged, arrested, or simply subjected to media flogging, he should be trying to CLEAR HIS NAME, not sidestep the accusations and divert attention (unless of course he knows he's guilty).
There are MANY people who claim extradition from the UK to the US is far too easy. It's actually easier than from Sweden, so if he's really worried about extradition, he should be desperate to get out of the UK.
I know some people are blind to the true extent of the situation and will support Assange just becasue he founded wikileaks and it's freedom of speech at all cost. But is rape an acceptable cost? For many years "Wanna be in my gang" was hailed as an anthem. Strange you don't hear it much these days since the truth came out about the singer...
Don't bother to down vote if you're an Assange Fanbois. THINK about the whole situation, and consider who you would "let off" with raping your daughter. For the record, I support wikileaks.
definition
Yeay, but Sweden defines the rape differently - they have had feminists in power for so long that "not calling the next day" is also defined as rape.
Turnabout
No matter what you think of Swedish prosecutors, they are investigating RAPE
RAPE RAPE RAPE
If they really want to investigate the case, they should be desperate to interrogate him. Doesn't matter if it's by Skype or Conference call. The prosecutor should be filing charges if they have EVIDENCE instead of pissing about trying to extradite him.
There are ZERO reasons why someone has to be extradited when all you want to do is talk to them. There is ZERO reason why you can't file charges TODAY.
You can try people in absentia, if they have that strong a case then they should be presenting it. THINK about the whole situation and consider that anyone can be ACCUSED, what matters is CONVICTION and EVIDENCE.
Swedish prosecutors have repeatedly requested that Assange make himself available for QUESTIONING.
QUESTIONING
QUESTIONING
QUESTIONING
QUESTIONING
QUESTIONING
Actually, it wasn't rape until he refused to get himself tested to set the girls' mind at ease. That makes him in my eyes a weasel, and I'm actually impressed by the Swedish legal system that this escalates into a charge equivalent to rape.
As I said before - he has nobody to blame but himself. If his lawyer told him to flee the country as it has been rumoured, the lawyer must also have briefed him on possible consequences. I find his bleating about it all being a US plot actually rather tiring, but then again, I'm not exactly an Assange fan. I can with a degree of effort see the original point of Wikileaks, but that goal has since long been subverted by Assange and his buddies.
Not defending him, I can't stand the man to be honest, but:
Innocent until PROVEN guilty. He's not been. Thus you can't go bandying the word rape about. Similarly, if a teacher was arrested for sexual abuse of a child, you can't call him anything until it's been proven. Because the ACCUSATION is bigger than anything else and causing more reputational damage that anything else. You're not a child, nor a vigilante. Wait until things are proven in a court of law (ANY court of law will suffice) and then you can claim you know better about what you'd do.
He has denied the claim (notice: not a charge!). He is fighting extradition on the basis that the claim is false. If the US, say, falsely accuse you of rape, are you going to pop over and clear your name and thus surrender to their legal system or argue that you shouldn't have to be extradited there at all? Some would say that going over would be a sign that you believe there are valid charges to be faced. This is no difference, and the US is involved even if it's not as direct.
You're trying to paint him, obliquely, as a rapist. He's not. Because he's not been charged with that or had it proven and, to be honest, is in the legal system to stop those charges taking action (which he couldn't do if they had a really solid case against him) based on both UK and EU law saying there's not enough to extradite him on.
Reading anything into anything he does at the moment is actually WORSE than just assuming nothing. It's like taking "No Comment" to mean "I did it" - although the phrase is used as a mechanism by the guilty, innocent people are well-advised to use it by their lawyers because it's the SAFEST thing, legally, to say.
You're exposing your own bias. Just because you'd submit to a random foreign country trying to extradite you on false charges in order to clear your name (and, just for a minute, suppose that country was somewhere with a bit less of a reliable court system), doesn't mean that every "innocent" person should either. Hell, I'd fight extradition on the basis that I'm already in an EU country and the trial could be held in any EU country because they have the same laws (and, often, cases are tried in one country using the laws and jurisdiction of another because it aids the logistical parts of the problems involved) and / or they haven't filed charges (which they should do if they want to see me in court). I can be questioned, even under arrest, from anywhere in the world. Hell, I can appear in court in any country in the world by video-link if necessary.
But, for some strange reason, these rape ALLEGATIONS are not being backed up as they should be, not being enforced as they should be, not being taken as seriously in the country trying to extradite him as they should be (if they think he's the rapist, he could be charged, tried and even sentenced already and in his absence rather than drag it out for the victim). And people like you take the words "rape allegation" and only see "RAPE RAPE RAPE RAPE RAPE". Rather than, as you should "allegation" (i.e. completely without proof as of yet).
Innocent until proven guilty; I have no opinion one way or the other because I don't have all the facts, but don't go ascribing guilty motives to his legal actions to avoid extradition. You could equally argue that if he is innocent, he is afraid of/stressed out by facing false allegations.
Incitement to hatred
You should read up on what Mr. Assange is actually accused of. It's rape as defined by by Swedish law, but it would probably not meet the definition of rape where I live (and most probably neither where you live). So please reconsider before you gather the lynch mob.
So tone back the hate speech, Mr. Velv!
Not a lot of thought as to why rape was chosen here...
It is not only emotional, but also especially vulnerable to politics. The victim can show no bruises and not even PTSD symptoms, but still potentially get her way if she can convince the judge, based on her testimony that she was unwilling. Even a logically inconsistent piece of testimony may be excused on "she was traumatized..."
If we are serious about reasonable doubt, such rape cases should never be heard in court - what's the point. Unless there are horrible injuries or PTSD, any objective evidence can only show that they indeed had sex, and the rest is up to testimony, hardly the normal composition of a "reasonable doubt" conviction.
Instead, they lower the standards. Necessarily, perhaps, b/c not every rape case leaves horrible injuries or PTSD. But it leaves a lot to the discretion of the judge. Given the politics, I can see why Assange is less interested about the nebulous hope of clearing his name.
Re: Lee Dowling
More semantically correct to say "Innocent unless proven guilty". The "until" seems to make a presumption of guilt.
Re: Incitement to hatred
Two things:
1) Seeing how he was in Sweden at the time, what they consider to be rape is quite pertinent here.
2) He didn't make himself available for questioning, he told his lawyer to hide him from investigators whilst he fled to a different country.
Actions speak louder than words.
Re: Lee Dowling
I would argue that the 'until' is more about the timeframe, i.e. it is correct to talk about the 'alleged' crime before a guilty verdict has been delivered; calling a person a criminal before they are convicted* is wrong even if they are later convicted.
*assuming you are a bystander, not the victim or a witness etc.
What ever happened to,
Innocent until proven guilty!
Your whole post leans toward him being guilty. We know nothing!
All this talk of 'innocent until proven guilty'. You should all know better.
It's 'innocent unless proven guilty'.
It's a subtle but important distinction - the first implies that nothing has been nailed on you yet but it's just a case of holding onto you until they find something. The second states categorically that unless you have been convicted of something, you are innocent, and must be treated as such.
Which would you rather have, Cardinal Richelieu with, "If you give me six lines written by the hand of the most honest of men, I will find something in them which will hang him.", or Voltaire with, "I disagree with what you say, but I will defend to the death your right to say it"?
Quote: "based on both UK and EU law saying there's not enough to extradite him on."
But didn't the ruling today say he could be extradited? And wasn't it made by the UK's highest court? How can that mean that UK law says that there isn't enough to extradite?
This thread is a logic free zone.
Re: definition
I love to watch rape.
Such lovely yellow fields, waving in the breeze.
Quote: "based on both UK and EU law saying there's not enough to extradite him on."
Yes a lack of logic, but you are confusing two different things, law and justice.
I'm not going to evoke Godwin's law, but It's an easy exercise to find laws in most countries that are neither fair, equitable or just.
@Velv
The big issue with this, is that you can never clear your name from this sort of prosecution as many a man has found. The same is true of kiddy fiddling. If your accused, the general concensus tends be no smoke without fire. Teachers have had their whole careers ruined by complete lies, which have been shown as such in court. Still, they can't get jobs. Nobody is brave enough to employ a teacher who has had charges such as these laid against them, even when found unproven.
In sex crimes (and some others), acquittal is never seen as innocent (clearing your name) amongst the population and employers.
However, with the amount of publicity this particular case has had, it can't exactly get any worse. The issue people need to consider in this country, is why the accuser is allowed anonymity forever (regardless of whether shown to be a lying conniving person) and yet the accused is splattered all over the papers and publically hung long before the trial.
Re: Turnabout
WHERE ARE THE WINGS!
oh sorry - wrong conspiracy
@arkhangelsk
>>"The victim can show no bruises and not even PTSD symptoms, but still potentially get her way if she can convince the judge, based on her testimony that she was unwilling. Even a logically inconsistent piece of testimony may be excused on "she was traumatized...""
>>"If we are serious about reasonable doubt, such rape cases should never be heard in court - what's the point. Unless there are horrible injuries or PTSD, any objective evidence can only show that they indeed had sex, and the rest is up to testimony, hardly the normal composition of a "reasonable doubt" conviction."
Couldn't you apply similar logic to any number of other situations?
In general cases (not just sexual ones), if there is objective evidence that someone has been injured, it could be one person's word against another whether an injury was accidental or deliberate (He pushed me/He fell/He jumped") , and even where an injury is clearly not accidental or self-inflicted, in the absence of forensic evidence pointing to a particular assailant, it's often still one person's word against another who was responsible.
What is the 'objective evidence' for theft, if it can be a matter of dispute whether someone taking property was doing so with or without the owner's consent?
If someone uproots half the flowers in my garden and sticks them in my compost bin while I am on holiday, what is the 'objective evidence' for criminal damage if they claim I had asked them to do it?
Re: definition
Bullshit galore.
Swedish law is consent based. That means the victim doesn't need to be beaten half to death in order to have been raped. It's enough that she - or he - didn't consent to the act.
Not so bloody difficult, but you just HAD to bring up the feminist angle. The C' bit in 'AC' applies.
Re: Turnabout
"If they really want to investigate the case, they should be desperate to interrogate him. Doesn't matter if it's by Skype or Conference call. The prosecutor should be filing charges if they have EVIDENCE instead of pissing about trying to extradite him."
But, as soon as his counsel found out that the Swedish police wanted to interview him with a view to arresting and charging him he fled the country. Fancy that, eh?
It's a matter of jurisdiction, not kook farts in internet fora.
Then he won't have a problem with returning to the jurisdiction he fled whence, as soon as his legal counsel found out the police wanted to interview him with a view to arresting and then charging him, he fled. As with Assange, so with Coulson.
Re: Turnabout
You either have the evidence or you don't. If you want an interview they call him up, if you want to charge him then present evidence.
What you describe is called circumstantial evidence and it's very very thin circumstantial evidence at that.
"I'm not going to evoke Godwin's law, but It's an easy exercise to find laws in most countries that are neither fair, equitable or just."
Before any state can join the EU it must meet certain standards; criminal law, human rights [...].
You know..
.. some people really need to check out their keyboards. They seem to have developed a strange kind of auto-repeat, combined with a stuck caps lock. Weird. Is this this Flame thing the virus chaps talk about?
Re: You know..
Why can't I link to images with the 101st keyboarder "operator" section proudly showing off their additional chromosomes.
I see we have the ability to try and execute people on the Reg forums now, thank your gods we don't need due process any more, some guy can skip lines and type in capitals to really hit the point home.
Enjoy Guantanamo Assange, it's the only reason these "charges" exist at all.
execute people on the Reg forums
Btw, what happened to that Reg survey regarding more atrocious capital punishing?
Re: execute people on the Reg forums
Dunno, I did say I was for bringing back hanging, just not by the neck. Seems appropriate here given the sentiment :)
I do agree with some that the correct statement is is that he is wanted for questioning in relation to a possible rape. The circumstances seem to support a charge, but until a judge say he is guilty he is just a weak tosser - oh, no, that he isn't, make it jerk.
He is not actually a rapist, nor was the original charge this - it escalated into one at that level because he didn't cooperate with what I personally don't see as a wholly unreasonable request from the women involved. So, principally he is wanted for being a jerk, with questioning potentially elevating that to rapist.
Is that enough to get downvotes? It's been pretty poor so far - just as if nobody cares.. :)
Re: execute people on the Reg forums
Capital punishing- for TYPING in CAPS??
"sexual harassment and rape" ... "the UK Supreme Court rule"
Ah yes. Smear, entrap, then find some gimp to act on it.
Well, President Obomba has not yet personally (but oh so very morally and with the gravitas required of decisions pertaining to state terror) okayed a Death Note on Julian yet, so we should be grateful.
Re: "sexual harassment and rape" ... "the UK Supreme Court rule"
I think you might need to adjst your tin-foil hat. It seems to have made you spell 'Obama' incorrectly. Ironically so, given you have done so in a sentence directly following one that mentions smearing people's names.
Re: "sexual harassment and rape" ... "the UK Supreme Court rule"
'Scuse me, I've just parked my black helicopter on your lawn and I wondered if you wanted a lift... ...only I've got Jack Bauer with me and he's desperate to have a word with you, so that your conspiracy dreams can come true.
Stinks
The whole thing stinks to high heaven!
As far as I am concerned Assange is a douchebag but WikiLeaks itself is a great idea if it was run with appropriate oversight.
If Sweden was really only wanting him for questioning about the alleged rapes, then how hard is it to coordinate with UK authorities and send the lead Swedish investigators to the UK and question him there? If the questioning then lead to an arrest warrant then extradition would have been much easier, faster and less costly to taxpayers all around.
Re: Stinks
The Sweedish authorities have no jurisdiction to interview in the UK, it would likely be a legal nightmare to sort this out. However, Assange fled Sweeden, the whole thing could have been sorted out far cheaper if he hadn't done so.
Re: Stinks
"As far as I am concerned Assange is a douchebag but WikiLeaks itself is a great idea if it was run with appropriate oversight."
This.
I've tried to watch his new show on RT but he is an insufferably annoying prick, his aims may be in the right place, but his smug self-promotion is nauseating.
I think he's toast now and will be cooling his heels for a long time in a US prison soon. They'll go all out to charge him with anything and everything they can think of just to get an extradition.
Re: Stinks
The Sweedish authorities have no jurisdiction to interview in the UK
<ring> <ring> "Hello Mr Assange, is it OK with you if we come to the UK and ask you a few questions?" No different from having a plod call to your front door requesting that you help them with their enquiries.
As for him fleeing Sweden, maybe the Swedes were hoping he'd go somewhere where they didn't have an extradition agreement
Re: Stinks
@FMVK - If he is interviewed by Sweedish police in the UK, he will not have any statutory protections, he will not be interviewed under caution, I daresay this would also cause conspiracy claims. The Sweedish police are, after all in a no-win situation, whatever they do will be a conspiracy in the eyes of Assange's supporters.
Re: Stinks
No different from having a plod call to your front door requesting that you help them with their enquiries.
You mean other than the fact that plod are operating within their own jurisdiction?
Also, what incentive is there for the Swedish authorities to do that? Let's imagine they come to the UK to interview JA. He breaks down and confesses (for sake of example), would that even be admissible in a Swedish Court (I don't know)? Why would they want to risk having anything ruled inadmissible?
It's also not up to the suspect/witness where they are interviewed. The authorities decide that, especially where someone may be a suspect. If the old bill ever say "Mind coming down to the station sir?" don't make the mistake of thinking they are asking, what that are actually saying is "Come down to the station with me". It's the way it works.
As for him fleeing Sweden, maybe the Swedes were hoping he'd go somewhere where they didn't have an extradition agreement
That's quite, quite possible. Unfortunately for him, and us, he came to Blighty. Had he gone to Sealand he'd probably be off scot-free for the time being (and in the future we may find no charges are filed, or even that he's acquitted. He is the one preventing either of those two happening at the moment)
