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Assange v Swedish Prosecution Authority

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Swedish Judicial Authority v Julian Assange is the set of legal proceedings relating to claims that Julian Assange committed sexual offences in Sweden. After the initial investigation was opened in August 2010, Assange said "The charges are without basis and their issue at this moment is deeply disturbing."[1]

When an arrest warrant was issued in November, he had been living in England for 1-2 months. 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. The extradition request was upheld. He has appealed the decision, continued to deny the allegations, and remains on bail in the United Kingdom.[2][3][4]

Swedish investigation

Complaints

On August 20th, 2010, two women, 26 and 31 years old, reported Assange to the Swedish police.

The 31-year-old had several complaints about how he treated her while staying at her apartment.[5] She claimed that she only had sex with him on August 13 because she felt "that it was too late to stop him" having "gone along with it so far".[6] She claimed that that he deliberately broke the condom being used.[7] Another complaint was that he used his body weight to hold her down.[5] A third complaint was that he was sexually harassed her on August 18.[6][5]

The 26-year-old woman alleges that the morning after she had consensual sex with him, he initiated unprotected sex with her while she was "half asleep".[6][5]

Investigation

On 20 August 2010, the Swedish police opened an investigation against Assange in connection with his sexual encounters with the two women[7] the 26-year old in Enköping and the 31-year old in Stockholm.[8] The most severe suspicions were dropped the next day by the Chief Prosecutor Eva Finné.[9]

On 30 August, he was questioned by the Stockholm police.[2][10] He denied the allegations, saying he had consensual sexual encounters with the two women.[1][11][5]

Claes Borgström, who represents the two women, appealed against the decision to partially drop the investigation.[8][12] On September 1, Director of Public Prosecution Marianne Ny decided to resume the preliminary investigation concerning all of the original charges. [13]

Arrest warrant

On 18 August 2010, Assange applied for a work and residency permit in Sweden.[14][15] He left Sweden on 27 September 2010.[16] On 18 October 2010, his request was denied.[15][14][17]

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.[18] As he was now living in England, the court ordered him detained (häktad) in absentia.[19][20] On appeal the Svea Court of Appeal upheld the warrant, on suspicion of "rape (the least serious of three types under Swedish law), olaga tvång (duress/unlawful coercion) and two cases of sexual ofredande".[21][22][23][24] "Ofredande" has no legal equivalent in England, and is variously translated as sexual "molestation", "harassment", "annoyance" or "disturbance". [22][23][25][26] The Supreme Court of Sweden decided not to consider a further appeal as no principle was at stake.[citation needed][27] On 6 December 2010, Scotland Yard notified Assange that a valid European arrest warrant had been received.[28]

Extradition process

Detention and bail

Assange presented himself to the Metropolitan Police the next morning and was remanded to London's Wandsworth Prison. [29] On 16 December he was granted bail[30] 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).[31]

On release he said "I hope to continue my work and continue to protest my innocence in this matter,"[32] and told the BBC, "This has been a very successful smear campaign and a very wrong one."[33] He 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.[31]

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.[34][35] Assange's counsel at the extradition hearing was Geoffrey Robertson QC, a human rights specialist, and the prosecution was represented by Clare Montgomery QC.[36] 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; his human rights would be respected and he 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. [27][37][38] Senior District Judge Howard Riddle found against Assange on each of the main arguments against his extradition.[39] 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."[39] Judge Riddle concluded: "I am satisfied that the specified offences are extradition offences."[39]

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."[40]

Current status of proceedings

On 2 March 2011, his lawyers lodged papers at the London High Court to challenge the ruling to extradite Assange to Sweden.[41] Assange remains under strict bail conditions. No date has been set for a hearing.[41][42]

He has not yet been formally charged with any offence;[6] the prosecutor said that, due to the Swedish legal system, the Swedish authorities will do so only after his extradition and the second round of questioning that he will subsequently be submitted to.

See also

References

  1. ^ a b Davies, Caroline (22 August 2010). "WikiLeaks founder Julian Assange denies rape allegations". The Guardian. Retrieved 19 February 2011.
  2. ^ a b "WikiLeaks founder Julian Assange questioned by police". The Guardian. 31 August 2010.
  3. ^ "Tell-All on WikiLeaks' Assange Coming out in March". ABC News. 18 February 2011. Retrieved 19 February 2011.
  4. ^ "Wikileaks' Assange appeals over Sweden arrest warrant". BBC News. 1 December 2010. Retrieved 19 February 2011.
  5. ^ a b c d e "Assange charges: Consensual sex or rape?". msnbc.com. 8 December 2010. Retrieved 19 February 2011.
  6. ^ a b c d Nick Davies (17 December 2010). "10 days in Sweden: the full allegations against Julian Assange". Guardian. Retrieved 2011-03-11.
  7. ^ a b "Sex accusers boasted about their 'conquest' of WikiLeaks founder Julian Assange". The Times of India. 9 December 2009. Retrieved 10 December 2010.
  8. ^ 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.
  9. ^ "Swedish rape warrant for Wikileaks' Assange cancelle". BBC.
  10. ^ "WikiLeaks founder Julian Assange questioned by police". The Guardian. 31 August 2010. Retrieved 19 February 2011.
  11. ^ 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.
  12. ^ "Julian Assange rape accusations: timeline". Telegraph. 24 Feb 2011. Retrieved 2011-03-10.
  13. ^ http://www.aklagare.se/In-English/Media/The-Assange-Matter/The-Assange-Matter/
  14. ^ a b http://www.bbc.co.uk/news/world-europe-11949341
  15. ^ a b "Assange denied Swedish residence permit". The Local - Sweden. 18 October. Retrieved 5 March 2011. {{cite news}}: Check date values in: |date= (help)
  16. ^ Esther Addley (8 February 2011). "Julian Assange's accusers sent texts discussing revenge, court hears". Guardian. Retrieved 2011-03-12.
  17. ^ Rundle: timeline of Assange’s visit to Sweden and events that followed | Crikey
  18. ^ "Prosecutor wants arrest of Julian Assange for rape". The Swedish Wire. 18 November 2010. Retrieved 4 January 2010.
  19. ^ "Assanges häktning avgörs i dag". Expressen (in Swedish). Tidningarnas Telegrambyrå. 22 November 2010. Retrieved 19 February 2011.
  20. ^ "Arrest warrant issued for WikiLeaks founder". The Local. 18 November 2010. Retrieved 20 February 2011.
  21. ^ Hovrätten fastställer häktningsbeslut - www.aklagare.se
  22. ^ a b Vinthagen Simpson, Peter (24 November 2010). "Swedish court rejects Assange appeal". The Local. Retrieved 20 February 2011.
  23. ^ a b "Chronology: Events concerning Julian Assange in chronological order". Åklagarmyndigheten. Retrieved 14 February 2011.
  24. ^ Special Report: STD fears sparked case against WikiLeaks boss | Reuters
  25. ^ http://gawker.com/#!5618515/wikileaks-founder-julian-assange-accused-then-immediately-un+accused-of-rape
  26. ^ ofredande - dictionary search on Spellic.com - Spellic.com
  27. ^ a b Dodd, Vikram (8 December 2010). "Julian Assange extradition attempt an uphill struggle, says specialist". The Guardian. Retrieved 19 February 2011.
  28. ^ Verkaik, Robert (7 December 2010). "Arrest warrant on Assange to be served today". The Independent. Retrieved 19 February 2011.
  29. ^ Addley, Esther (17 December 2010). "Q&A: Julian Assange allegations". The Guardian. Retrieved 19 February 2011.
  30. ^ Swedish Judicial Authority v Julian Assange, [2010] EWHC 3473 (Admin), 2010 WL 5093971
  31. ^ a b "Extradition part of 'smear campaign': Assange". The Local. 17 December 2010. Retrieved 20 February 2011.
  32. ^ Coles, Isabel; Ormsby, Avril (16 December 2010). "WikiLeaks' Assange walks free on bail in London". Thomson Reuters. Retrieved 16 December 2010.
  33. ^ Ormsby, Avril (17 December 2010). "WikiLeaks' Julian Assange says he is victim of smear campaign". The Vancouver Sun. Retrieved 20 February 2011.
  34. ^ "Besieged Assange hires PR team". The Sydney Morning Herald. 8 January 2011. Retrieved 8 January 2011.
  35. ^ Addley, Esther (11 January 2011). "WikiLeaks: Julian Assange 'faces execution or Guantánamo detention'". The Guardian. Retrieved 13 January 2011.
  36. ^ "Lawyer: WikiLeaks Founder Cannot Get Fair Trial in Sweden". Voice of America. 11 February 2011. Retrieved 11 February 2011.
  37. ^ "Julian Assange extradition hearing – final day live updates". The Guardian. 8 February 2011. Retrieved 11 February 2011.
  38. ^ "Wikileaks founder Julian Assange refused bail". BBC News. 8 December 2010. Retrieved 8 December 2010.
  39. ^ a b c Coleman, Clive (24 February 2011). "Wikileaks' Julian Assange handed 'resounding defeat'". BBC News. Retrieved 25 February 2011.
  40. ^ Addley, Esther; Topping, Alexandra (24 February 2011). "Julian Assange attacks 'rubber-stamp' warrant as he loses extradition battle". The Guardian. Retrieved 25 February 2011.
  41. ^ a b Meikle, James (3 March 2011). "Julian Assange lodges extradition appeal". The Guardian. Retrieved 5 March 2011.
  42. ^ Gordon, PA, Cathy (3 March). "WikiLeaks' He appeals against UK extradition". Reuters. Retrieved 5 March 2011. {{cite news}}: Check date values in: |date= (help)
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