Jump to content

Assange v Swedish Prosecution Authority

Edit links
From Wikipedia, the free encyclopedia

This is an old revision of this page, as edited by 85.225.222.10 (talk) at 22:22, 11 March 2011 (More neutral wording for supreme court). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

Swedish Judicial Authority v Julian Assange is the legal proceedings relating to claims that Julian Assange committed sexual offences in Sweden. An extradition hearing took place in an English court in February 2011 to consider an application by Swedish authorities for the extradition of Assange to Sweden under the European Arrest Warrant procedure. The extradition request was upheld. Assange has appealed and remains on bail in the United Kingdom.[1][2][3]

Allegations

On Wednesday 11 August 2010, Assange arrived in Stockholm to speak at a seminar on free speech and journalism held by the Brotherhood Movement of the Swedish Social Democrats. [4] [5] A 31-year-old woman, referred to as Miss A by Swedish officials, was responsible for organising the seminar, being a press secretary of the Brotherhood and having held a university post of "campus sexual equity officer."[5] Miss A and Assange had agreed that he would stay at her apartment, although the two had never previously met.[5][6] She planned to be out of town until 15 August, the day of the seminar.[5] Instead she arrived home on Saturday 14 August, Assange and Miss A went out for dinner, returned to her apartment and had sex.[4] Miss A would later tell police that this sex involved "unlawful coercion",[5] and that Assange deliberately broke the condom being used.[6] She alleges that Assange used his body weight to hold her down.[5]

On Saturday 14 August, Assange delivered his seminar speech with the help of Miss A. There he meets another woman referred to by Swedish authorities as Miss W, aged 26;[5][6] they end up in a cinema showing Deep Sea 3D and move to the back rows where "the pair went far beyond kissing and fondling".[7] Later that evening, Miss A hosted a Crayfish party at her apartment where Assange was staying.[7]

On Monday 16 August, Miss W called Assange and they met in Stockholm. They went by train to Enköping, her home town . They went to her apartment where they had sex. According to Miss W's testimony to police, Assange wore a condom in the evening, but the next morning had unprotected sex with her while she was "half asleep".[8] [5]

It has been alleged that, on 18 August, Assange "deliberately molested" Miss A "in a way designed to violate her sexual integrity".[5]

On Wednesday 18 or Thursday 19 August, Miss W contacted Miss A who she had met at the seminar and told her that she had unprotected sex with Assange.[4] Miss A told Miss W that she also had sex with Assange. Miss A called an acquaintance of Assange and told the person to tell Assange to move out of the apartment.[5]

On Friday 20 August 2010, Assange left the apartment. That day, the two women went to the Stockholm police. Miss A said she went to support Miss W in making a complaint against Assange, but also gave an account of what happened between herself and Assange.[5]

Initial investigation

On 20 August 2010, Swedish police opened an investigation against Assange in connection with sexual encounters with two women[6] one in Enköping and the other in Stockholm.[9] The most severe suspicions were dropped the next day by the Chief Prosecutor Eva Finné.[10] On 30 August, Stockholm police questioned Assange.[1][11] He denied the allegations, saying he had consensual sexual encounters with the two women.[12][13][5] In both cases, the first sexual encounters were consensual, but the women say that subsequent encounters turned abusive.[5][14][15]

On 18 August 2010, Assange applied for a work and residency permit in Sweden.[16] On 18 October 2010, Assange’s request was denied.[16] Assange left Sweden in late September 2010.

Secondary investigation and arrest warrant

Claes Borgström, who represents the two women, appealed against the decision to drop the investigation.[9][4] On 18 November 2010 prosecutor Marianne Ny asked the local district court for a warrant for Assange in order for him to be heard by the prosecutor.[17] The court ordered Assange detained (häktad) in absentia.[18] [19] On appeal the Svea Court of Appeal upheld the warrant, on suspicion of "rape (the least serious of three types under Swedish law), olaga tvån (duress/unlawful coercion) and two cases of sexual ofredande".[20][21][22][23] "Ofredande" has no legal equivalent in England, and is variously translated as sexual "molestation", "harassment", "annoyance" or "disturbance". [21][22][24][25] The Supreme Court of Sweden decided not to consider a further appeal as no principle was at stake.[citation needed][26] On 6 December 2010, Scotland Yard notified Assange that a valid European arrest warrant had been received.[27]

Detention and bail

Assange presented himself to the Metropolitan Police the next morning and was remanded to London's Wandsworth Prison. [28] On 16 December he was granted bail[29] with a condition of residence at Ellingham Hall, Norfolk and required to wear an electronic tag. Bail was set at £240,000 surety with a deposit of £200,000 ($312,700).[30]

On release Assange said "I hope to continue my work and continue to protest my innocence in this matter,"[31] and told the BBC, "This has been a very successful smear campaign and a very wrong one."[32] Assange claimed that the extradition proceedings to Sweden were "actually an attempt to get me into a jurisdiction which will then make it easier to extradite me to the US." Swedish prosecutors have denied the case has anything to do with WikiLeaks.[30]

Extradition hearing

The extradition hearing took place on 7–8 and 11 February 2011 before the City of Westminster Magistrates' Court sitting at Belmarsh Magistrates' Court in London.[33][34] Assange's counsel at the extradition hearing was Geoffrey Robertson QC, a human rights specialist, and the prosecution was represented by Clare Montgomery QC.[35] Arguments were presented to whether: the Swedish prosecutor had the authority to issue a European Arrest Warrant; the extradition was requested for prosecution or interrogation; the alleged crimes qualified as extradition crimes; there was an abuse of process; Assange's human rights would be respected and Assange would receive a fair trial if extradited to Sweden.

Extradition decision

The outcome of the hearing was announced on 24 February 2011, when the extradition warrant was upheld. [26][36][37] Senior District Judge Howard Riddle found against Assange on each of the main arguments against his extradition.[38] The judge said "as a matter of fact, and looking at all the circumstances in the round, this person (Mr Assange) passes the threshold of being an accused person and is wanted for prosecution."[38] Judge Riddell concluded: "I am satisfied that the specified offences are extradition offences."[38]

Assange commented after the decision to extradite him, saying "It comes as no surprise but is nevertheless wrong. It comes as the result of a European arrest warrant system run amok."[39]

On 2 March 2011, Assange's lawyers lodged papers at the London High Court to challenge the ruling to extradite Assange to Sweden.[40] Assange remains under strict bail conditions. No date has been set for a hearing.[40][41]

Alleged conflict of interest

On March 10, 2011 newspaper Expressen reported that the lead interrogator during the first interview, already was acquainted (since april 2009) with the one of the accusers.[42] This was confirmed by police.[43]

Questions have been raised as to why both accusers, reported the alleged incidents, at the police station where the policewoman (later to be lead interrogator) worked.[44][43]

References

  1. ^ a b "WikiLeaks founder Julian Assange questioned by police". The Guardian. 31 August 2010.
  2. ^ "Tell-All on WikiLeaks' Assange Coming out in March". ABC News. 18 February 2011. Retrieved 19 February 2011.
  3. ^ "Wikileaks' Assange appeals over Sweden arrest warrant". BBC News. 1 December 2010. Retrieved 19 February 2011.
  4. ^ a b c d "Julian Assange rape accusations: timeline". Telegraph. 24 Feb 2011. Retrieved 2011-03-10.
  5. ^ a b c d e f g h i j k l m "Assange charges: Consensual sex or rape?". msnbc.com. 8 December 2010. Retrieved 19 February 2011.
  6. ^ a b c d "Sex accusers boasted about their 'conquest' of WikiLeaks founder Julian Assange". The Times of India. 9 December 2009. Retrieved 10 December 2010.
  7. ^ a b Angella Johnson (29th August 2010). "Supporters dismissed rape accusations against WikiLeaks founder Julian Assange... but the two women involved tell a different story ..." Daily Mail. Retrieved 2011-03-10. {{cite news}}: Check date values in: |date= (help)
  8. ^ Nick Davies (17 December 2010). "10 days in Sweden: the full allegations against Julian Assange". Guardian. Retrieved 2011-03-11.
  9. ^ a b Cody, Edward (9 September 2010). "WikiLeaks stalled by Swedish inquiry into allegations of rape by founder Assange". The Washington Post. Retrieved 9 September 2010.
  10. ^ "Swedish rape warrant for Wikileaks' Assange cancelle". BBC.
  11. ^ "WikiLeaks founder Julian Assange questioned by police". The Guardian. 31 August 2010. Retrieved 19 February 2011.
  12. ^ Davies, Caroline (22 August 2010). "WikiLeaks founder Julian Assange denies rape allegations". The Guardian. Retrieved 19 February 2011.
  13. ^ Leigh, David; Harding, Luke; Hirsch, Afua; MacAskill, Ewen (30 November 2010). "WikiLeaks: Interpol issues wanted notice for Julian Assange". The Guardian. Retrieved 1 December 2010.
  14. ^ Julian Assange's battles threaten to overshadow WikiLeaks' work
  15. ^ Rundle: timeline of Assange’s visit to Sweden and events that followed | Crikey
  16. ^ a b "Assange denied Swedish residence permit". The Local - Sweden. 18 October. Retrieved 5 March 2011. {{cite news}}: Check date values in: |date= (help)
  17. ^ "Prosecutor wants arrest of Julian Assange for rape". The Swedish Wire. 18 November 2010. Retrieved 4 January 2010.
  18. ^ "Assanges häktning avgörs i dag". Expressen (in Swedish). Tidningarnas Telegrambyrå. 22 November 2010. Retrieved 19 February 2011.
  19. ^ "Arrest warrant issued for WikiLeaks founder". The Local. 18 November 2010. Retrieved 20 February 2011.
  20. ^ Hovrätten fastställer häktningsbeslut - www.aklagare.se
  21. ^ a b Vinthagen Simpson, Peter (24 November 2010). "Swedish court rejects Assange appeal". The Local. Retrieved 20 February 2011.
  22. ^ a b "Chronology: Events concerning Julian Assange in chronological order". Åklagarmyndigheten. Retrieved 14 February 2011.
  23. ^ Special Report: STD fears sparked case against WikiLeaks boss | Reuters
  24. ^ http://gawker.com/#!5618515/wikileaks-founder-julian-assange-accused-then-immediately-un+accused-of-rape
  25. ^ ofredande - dictionary search on Spellic.com - Spellic.com
  26. ^ a b Dodd, Vikram (8 December 2010). "Julian Assange extradition attempt an uphill struggle, says specialist". The Guardian. Retrieved 19 February 2011.
  27. ^ Verkaik, Robert (7 December 2010). "Arrest warrant on Assange to be served today". The Independent. Retrieved 19 February 2011.
  28. ^ Addley, Esther (17 December 2010). "Q&A: Julian Assange allegations". The Guardian. Retrieved 19 February 2011.
  29. ^ Swedish Judicial Authority v Julian Assange, [2010] EWHC 3473 (Admin), 2010 WL 5093971
  30. ^ a b "Extradition part of 'smear campaign': Assange". The Local. 17 December 2010. Retrieved 20 February 2011.
  31. ^ Coles, Isabel; Ormsby, Avril (16 December 2010). "WikiLeaks' Assange walks free on bail in London". Thomson Reuters. Retrieved 16 December 2010.
  32. ^ Ormsby, Avril (17 December 2010). "WikiLeaks' Julian Assange says he is victim of smear campaign". The Vancouver Sun. Retrieved 20 February 2011.
  33. ^ "Besieged Assange hires PR team". The Sydney Morning Herald. 8 January 2011. Retrieved 8 January 2011.
  34. ^ Addley, Esther (11 January 2011). "WikiLeaks: Julian Assange 'faces execution or Guantánamo detention'". The Guardian. Retrieved 13 January 2011.
  35. ^ "Lawyer: WikiLeaks Founder Cannot Get Fair Trial in Sweden". Voice of America. 11 February 2011. Retrieved 11 February 2011.
  36. ^ "Julian Assange extradition hearing – final day live updates". The Guardian. 8 February 2011. Retrieved 11 February 2011.
  37. ^ "Wikileaks founder Julian Assange refused bail". BBC News. 8 December 2010. Retrieved 8 December 2010.
  38. ^ a b c Coleman, Clive (24 February 2011). "Wikileaks' Julian Assange handed 'resounding defeat'". BBC News. Retrieved 25 February 2011.
  39. ^ Addley, Esther; Topping, Alexandra (24 February 2011). "Julian Assange attacks 'rubber-stamp' warrant as he loses extradition battle". The Guardian. Retrieved 25 February 2011.
  40. ^ a b Meikle, James (3 March 2011). "Julian Assange lodges extradition appeal". The Guardian. Retrieved 5 March 2011.
  41. ^ Gordon, PA, Cathy (3 March). "WikiLeaks' Assange appeals against UK extradition". Reuters. Retrieved 5 March 2011. {{cite news}}: Check date values in: |date= (help)
  42. ^ http://www.expressen.se/nyheter/avslojar/1.2360369/polisen-van-med-kvinna-som-anmalde-assange
  43. ^ a b http://www.smh.com.au/world/assange-case-in-turmoil-as-accuser-linked-to-police-20110311-1br48.html
  44. ^ According to Verdens Gang's reporting of statements by Assanges Swedish lawyer, Björn Hurtig: http://www.vg.no/nyheter/utenriks/wikileaks/artikkel.php?artid=10099055

External links

Retrieved from "https://en.wikipedia.org/w/index.php?title=Assange_v_Swedish_Prosecution_Authority&oldid=418364910"