• Sweden edition
 
ASSANGE EXTRADITION FIGHT
Assange loses Sweden extradition appeal

Assange loses Sweden extradition appeal

Published: 30 May 2012 10:23 GMT+02:00
Updated: 30 May 2012 12:56 GMT+02:00

According to the court's 5-2 ruling, the Swedish prosecution authority which issued the warrant for his arrest is indeed a valid judicial authority and thus had the right to issue the warrant for Assange.

"The request for Mr Assange's extradition has been lawfully made and his appeal against extradition is accordingly dismissed," said Supreme Court president Nicholas Phillips.

At issue was whether or not a public prosecutor was included in the definition of "judicial authority" as it used in the UK's Extradition Act of 2003.

"By a majority the court has concluded that the Swedish public prosecutor was a "judicial authority" within the meaning of both the framework decision and the Extradition Act," the court said in a statement.

Lord Phillips explained that the English term "judicial authority" stems from the French term “autorité judiciaire” which does indeed include courts and judges, as well as public prosecutors.

But in an unexpected twist, Assange's lawyer Dinah Rose asked the judge for 14 days to consider whether to apply to reopen the case on the grounds that the judgement referred to material not argued in the court.

Rose explained that the court based its ruling a point of law which had not been brought up previously in the appeal process.

She asked the court for more time to consider whether or not the issue should be "reopened", requesting that the commencement of extradition proceedings be delayed by two weeks.

The judge granted the request, which is highly unusual in the three-year history of the Supreme Court.

Click here to read Stockholmers’ reactions to the Julian Assange ruling

Assange, a 40-year-old Australian former computer hacker, was not in the central London court to hear the judgement. One of his supporters, journalist John Pilger, said he was "stuck in traffic".

Outside court, Assange's principal lawyer Gareth Peirce confirmed that the extradition was stayed while his legal team considers whether to apply to reopen the case, although the judgement still stands.

"They've allowed us two weeks to put in a written submission on the fact that the majority of judges have decided on a basis that was never argued in court by anyone, that was never addressed in court," she told journalists.

The point in question is the interpretation of the Vienna Convention on the law of treaties.

"It's a procedural point... that has arisen curiously as a result of their judgement, because the majority have based their decision on the Vienna Convention, which was never addressed in the hearing, one way or another, by either side," Peirce added.

If Assange fails to have the case reopened in Britain, he still has the option of a last-ditch appeal to the European Court of Human Rights in Strasbourg.

The internet whistleblower, who enraged Washington by releasing a flood of state and military secrets on his website, has been fighting deportation since his arrest in London in December 2010 on a European arrest warrant.

Britain's top court was his final avenue of appeal under UK law, after two lower courts ruled he should be sent to Sweden for questioning over allegations of rape and sexual assault made by two WikiLeaks volunteers.

His case rested on a single point -- that the Swedish prosecutor who issued the warrant for his arrest was not a valid judicial authority.

Swedish authorities had argued that if his appeal is granted it could throw the fast-track European arrest warrant system into turmoil, with implications across the continent.

A lower court in Britain initially approved Assange's extradition to Sweden in February 2011.

An appeal to the High Court was rejected in November, but Assange subsequently won permission to appeal to the Supreme Court, which heard two days of complex arguments in February.

The legal saga began in Sweden in August 2010 when Assange was accused of raping one woman by having sex with her while she was asleep, and of sexually assaulting another woman.

He insists the sex was consensual and says the accusations are politically motivated.

The white-haired former hacker has said he fears his extradition would eventually lead to his transfer to the United States, where US soldier Bradley Manning is facing a court-martial over accusations that he handed documents to WikiLeaks.

One week ago, Assange attended a film screening in London wearing a kevlar Guy Fawkes mask.

"This may be my last time in public, so I thought I should start with a situation where you won't be able to see me anymore," said Assange, who since December 2010 has been forced to report to police daily and wear an electronic ankle tag.

Related links:

AFP/The Local (news@thelocal.se)

Don't miss...X
Left Right

Your comments about this article

10:46 May 30, 2012 by grymagnusson
Get on a plane Julian, get on a plane.
11:08 May 30, 2012 by gpafledthis
Does Malmo have a city jail ???
11:13 May 30, 2012 by Dazzler
I will volunteer to administer the water-boarding! Come get some nancy boy!
12:36 May 30, 2012 by SimonDMontfort
'The plot thickens' in this whole shabby process.

The BBC website reports that the justices' decision was based on their interpretation of the Vienna Convention on the Law of Treaties - on which "no argument was heard and no opportunity of making submission was given."

Its extraordinary to think that now an argument is possible that the decision was unfair, and the whole case should be reopened. Watch this space....
13:03 May 30, 2012 by CJ from Sunshine Desserts
kind of get the vibe that this will go on for a long time ...where does he get the money for his lawyers ? legal aid ?!..more appeals ...delays.....my word against your word.....this will go on till 2015 probably
13:04 May 30, 2012 by Carbarrister
His case rested on a single point -- that the Swedish prosecutor who issued the warrant for his arrest was not a valid judicial authority.

Julian, is this the best you have for arguments? If so, your next "consensual" sex may be with your new cellmate, Bubba.
13:22 May 30, 2012 by unionisten
i dont think its up to the British courts to decide who Sweden deems to be valid judicial authority.

those judges that woted agaist should resign
14:32 May 30, 2012 by bcterry
This wiki leak thing is a joke.

Instead of releasing everything, Assange picks and chooses what will be released and what will not.

ONE man has the power to make the final decision, which opens the door to so much bias and abuse it's laughable.

It's a platform for HIS bias political agenda.

As for this rape thing, if he was not guilty as he claims, he should have hopped on a plane at the first request of the Swedish authorities, upon arrival walk right in to their office, and demand to face his accusers head on.
14:37 May 30, 2012 by EP
Seems like it's dangerous to shag a bird in Sweden, if afterwards you don't fancy her and just wanted to get the leg over and she doesn't like the fact you dumped her, you can be arrested ... nice. Can I cry "sex by surprise" if I get rejected by Svensson bird???
14:55 May 30, 2012 by GLO
Good, Rapeist & Terrorist. What a DIRT BAG........
15:56 May 30, 2012 by strixy
As far as I'm concerned both women wanted to have sex with him. When a condom broke, one of them wanted to force Assange to test himself (but she did not object to carrying on in the moment...). He refused, she got scared. She was told that the only way of getting free antiretroviral treatment is to be a victim of rape. This is the treatment that you administer after exposing yourself to HIV infected substance and it has around 86-90% of success in preventing infection (it makes it impossible for the virus to connect with human cells).

However, this treatment to be effective has to be administered within 72 hours after exposure. No test will tell you if you have HIV 72 hours after exposure. So, unless raped, she would have had to pay for the treatment herself... .

I admire Assange because he dares to show the truth. People nowadays are to mentally lazy to even care about what is going on underneath the surface. Especially in Scandinavia the debiliation of society is apparent - fat paycheck and holiday in Spain is everything people care about. Shame on you.
16:52 May 30, 2012 by Abe L
So much for innocent until proven guilty. People should not ever get extradited based on charges without a conviction. Or in general people should not get extradited to foreign countries based THEIR interpretation of sex crimes. Extradition is for real criminals who are guilty of genocide or similar level crimes.
21:44 May 30, 2012 by Tarc the Mexan
Someone should just put a bullet through that rapist's neck already, he's wasted enough taxpayer money on his vain attempts to exonerate himself.
00:21 June 2, 2012 by carolannusa
If people would look at the facts in the Assange case in a rational matter, they would see the string of irregularities committed by the Swedish police and prosecution, not the least of which is that the prosecutor failed to interview Mr Assange although he voluntarily stayed in Sweden for some weeks (and had been interviewed by the police at the end of August 2010). Mr Assange left Sweden with the permission of the prosecutor who then proceeded to move to obtain an arrest warrant against him. She continues to give no explanation as to why she did not question him and has continued to refuse to interview hum through the perfectly valid Mutual Legal Assistance. She seems to break her own rules that sexual offences should be dealt with quickly. The Supreme Court only allowed the argument on one point of law, but there were several points raised by Mr Assange's attorneys that should have been argued as well.
02:00 June 2, 2012 by Dagem Hailemariam
It is retarded to think that a prosecutor has the right to issue any kind of warrant. The reality is that a judge is the only impartial party in a court case. One side is the defense team and the other side is the prosecution.
Today's headlines
Sweden resumes aid to 'anti-gay Uganda'
Hillevi Engström and protesters against Uganda's anti-gay laws. Photos: Maja Suslin/Ben Curtis/TT

Sweden resumes aid to 'anti-gay Uganda'

Sweden has resumed sending development aid funds to Uganda, after suspending payouts back in March due to "anti-gay legislation". READ  

The Local List
Top ten coffee spots in central Stockholm
Fanny feels at home at the Blå Lotus. Photo: Isabela Vrba

Top ten coffee spots in central Stockholm

If you're wondering where to grab your next cappucino, then wonder no more. The Local talked to the locals in Stockholm and found out the best spots in town for the ultimate fika experience. READ  

Swedish neo-Nazis join fight in Ukraine
The Azov task force. Photo: Sergei Chuzavkov/TT

Swedish neo-Nazis join fight in Ukraine

Four Swedes are fighting with the Ukrainian task force Azov - a squad which flies a flag with Nazi symbols and, according to one Swedish soldier, fights for "a white Ukraine". READ  

Swedish elk get one-way ticket to Denmark
The elk in this picture are not the ones that will be sent to Denmark. Photo: The Uppsala Koala

Swedish elk get one-way ticket to Denmark

Up to a dozen elk will be transported from Sweden to Denmark in an effort to help maintain local marshlands. READ  

Sweden worst in EU at getting foreigners jobs
Photo: Henrik Trygg/Imagebank Sweden

Sweden worst in EU at getting foreigners jobs

UPDATED: Swedish citizens are the most likely to be employed in the EU, but Sweden is among the very worst when it comes to getting non-EU citizens into work. READ  

Man arrested for burning partner's face
Photo: Linn Malmén/TT

Man arrested for burning partner's face

Police suspect that a man in western Sweden is responsible for the extreme burns on his partner's face. The man has been arrested on suspicion of aggravated assault - and potentially attempted murder. READ  

In Pictures: Conchita Wurst in Stockholm
Photo: Maja Suslin/TT

In Pictures: Conchita Wurst in Stockholm

Eurovision winner and LGBTQ idol Conchita Wurst is in Stockholm this week for Stockholm Pride - and joined Swedes at Skansen for a colourful summer sing-along. READ  

Stockholm holds colour contest for new metro
Photo: Joel Bagon

Stockholm holds colour contest for new metro

Stockholm's new metro line is not set for preliminary construction until 2016, and will not be completed until 2022 - but Swedes already have the chance to vote for the new line's colour. READ  

Sweden's heat wave officially over
Photo: Johan Nilsson/TT

Sweden's heat wave officially over

The heat wave that swept over Sweden recently has finally passed, meteorologists reported on Wednesday, promising cooler and more autumnal temperatures around the corner. READ  

Ukraine rebels release kidnapped Swede
Rebel tanks on the road to Horlivka in June. Photo: TT

Ukraine rebels release kidnapped Swede

The Swede who was kidnapped by pro-Russian rebels has been released after nearly three weeks of being held hostage - although no one knows where he is now. READ  

RECEIVE OUR NEWSLETTER AND ALERTS
Lifestyle
Stockholm Pride kicks off
Analysis
The top six ways the US and Sweden differ
National
Swedish youth suicides hit 25-year high
National
Politician reported for selling 'negro ball'
National
Police turn blind eye to Swedish 'slave trade'
Blog updates

27 July

Approaching Stockholm (Around Sweden in a kayak) »

"I woke up in the comfort of my own little cabin on Eva and Rolf’s boat, it was 7:30am and I was feeling a bit groggy after a couple of beers with all the lovely locals the night before. The previous day had really taken its toll on my body and I was very stiff and..." READ »

 

24 July

Sharing our Pride: Celebrating Love & the LGBT Community! (Stockholm in my American Heart) »

"It’s mid- July in Stockholm, and with much of the city on vacation, things can seem a little quiet – the streets, the bus, and the grocery store. One thing that has not paused for a summer break, though, is preparation for Stockholm’s Pride Festival, which will take place from July 28 to August 2...." READ »

 
 
 
Gallery
Stockholm Pride: Allsång på Skansen with Conchita Wurst
Skatteverket
Sponsored Article
Introducing... ID cards and permits in Stockholm
Gallery
People-watching, June 26th - 28th. Get inside Stockholm's hottest nightclubs
Gallery
Top ten Swedish taboos
Society
Seven-year-old Swede cycles to Berlin
Politics
'Gaza conflict needs help, not empty rhetoric'
Society
Swedes voted 'most beautiful' in the Nordics
Business & Money
Sweden demands EU clarity on Bitcoin tax
National
Swedish organic sales enjoy 'amazing' growth
Photo: Johan Nilsson/TT
Society
What's On in Sweden
Gallery
People-watching July 23
National
Swedish cops elect not to shoot 'angry elks'
Business & Money
New alcohol retail rules threaten micro-breweries
Gallery
People-watching Båstad
Business & Money
Sweden falls to third in global innovation index
Society
Swedish ornithologists keep webcam watch
Photo: Andreas Nordström/Image Bank Sweden
Gallery
Top ten Swedish beach hot spots
Tech
Swedish Wiki vet sets new content record
Photo: Fastighetsbyrån
Lifestyle
In Pictures: The Local's Property of the Week
Sponsored Article
Introducing... Your finances in Stockholm
Sponsored Article
Introducing... Housing in Stockholm
Latest news from The Local in Austria

More news from Austria at thelocal.at

Latest news from The Local in Switzerland

More news from Switzerland at thelocal.ch

Latest news from The Local in Germany

More news from Germany at thelocal.de

Latest news from The Local in Denmark

More news from Denmark at thelocal.dk

Latest news from The Local in Spain

More news from Spain at thelocal.es

Latest news from The Local in France

More news from France at thelocal.fr

Latest news from The Local in Italy

More news from Italy at thelocal.it

Latest news from The Local in Norway

More news from Norway at thelocal.no

745
jobs available
Swedish Down Town Consulting & Productions
Swedish Down Town Consulting & Productions is an innovative business company which provides valuable assistance with the Swedish Authorities, Swedish language practice and general communications. Call 073-100 47 81 or visit:
www.swedishdowntown.com
If you want to drink, that’s your business.
If you want to stop, we can help.

Learn more about English-language Alcoholics Anonymous in Sweden. No dues. No fees. Confidentiality assured.
AA-EUROPE.ORG/SWEDEN
PSD Media
PSD Media is marketing company that offers innovative solutions for online retailers. We provide modern solutions that help increase traffic and raise conversion. Visit our site at:
http://psdmedia.se