Swedish judiciary 'independent': Reinfeldt
Published: 8 Feb 11 16:29 CET | Print version
Updated: 9 Feb 11 07:22 CET
Online: http://www.thelocal.se/31920/20110208/
Prime Minister Fredrik Reinfeldt on Tuesday said the description of Sweden's judiciary system presented by WikiLeaks founder Julian Assange's defence lawyers was untrue.
- Lawyers: no need for Assange to go to Sweden (8 Feb 11)
- Assange: Swedish rape case 'an empty black box' (8 Feb 11)
- WikiLeaks' conspiracy theories laid bare (7 Feb 11)
On the first day of a hearing in London Monday on whether Assange can be extradited to Sweden to face allegations of rape and molestation, his lawyer Geoffrey Robertson blasted the Swedish handling of rape cases, saying his client's human rights would be violated in the Scandinavian country.
"The Swedish custom and practice of throwing the press and public out of court when rape trials begin is one that we say is blatantly unfair, not only by British standards but also by European standards," Robertson said.
Swedish prosecutor Marianne Ny wants to question Assange over allegations he raped one woman and sexually molested another in the country -- moves which he claims are politically motivated because of WikiLeaks' activities in releasing classified US cables.
Reinfeldt said Tuesday "it is unfortunate that women's rights and standpoint is taken so lightly when it comes to this kind of question compared to other types of theories presented."
"I can only defend what everyone in Sweden already knows: that we have an independent, non-coerced judiciary," he was quoted by the TT news agency as saying.
Reinfeldt rejected the notion that Assange's human rights would be violated in a Swedish rape trial.
"Unfortunately, this is the kind of thing you hear when (a lawyer) trying to defend a client gives a condescending description of other country's legal systems," he said.
"But everyone living in Sweden knows that is not in line with the truth."
"Let's not forget what is at stake here: It is women's right to get a hearing on whether they have been the victims of abuse," Reinfeldt said.
"I find if very regrettable that (Assange's defence team) in this way is trying to... make their rights appear worth very little," he added, hailing the fact that "in Sweden we have come far when it comes to clearly showing we will not accept sexual assault or rape."
Attorney Robertson has also argued that Assange risks being extradited on from Sweden to the United States on separate charges relating to the whistleblower website and could face the death penalty there.
He has also said the extradition request was unacceptable because Assange
has not yet been charged with any crime.
The alleged victims' lawyer, Claes Borgström, said he understood "it is in Assange's interest to try to divert attention from what he is actually suspected of," but stressed to AFP that "it is completely out of the question that he would not receive a fair trial in Sweden."
Borgström said claims that the case against Assange was politically motivated were "ridiculous".
"Is there no limit to what they will say?" he asked, also rejecting the notion that Sweden has exceedingly strict laws for rape and sexual assault.
"The laws look about the same across the EU, and British law actually goes a little further than Swedish law," he said.
Sweden's top prosecutor Anders Perklev also jumped into the fray to counter harsh criticism at the hearing of prosecutor Ny for her handling of the case.
"Marianne Ny has acted in complete accordance with her role as public prosecutor and she of course has the authorisation needed to make the decisions made in this case," he said in a statement.
What do you think? Leave your comment below.
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Yep - I have a good idea. The 500 million (and where did that number come from btw ?) are prejudiced to support JA and will interpret any evidence in the most JA-favourable light. They do, however, keep on changing their mind. At first it was all CIA, then it was feminism, now they've managed to combine the two into feminism+US/extradition consensus.
It all kind of makes you want a system in which someone accused of something has certain rights, eg to be interviewed with solicitor present and, should it come to trial, to have evidence dispassionately assessed against a written set of laws and the right of appeal. I believe this is called a justice system and, despite its flaws, is a whole better than relying on web fora to make a judgement. The justice system is also good because it protects those who have made allegations. The internet fora tend to think this is a bit lame - after all one of JA's accusers *must* be lying and therefore she's been subjected to all manner of hate mail, had sh*t spread about her (on this forum amongst many others), and is now called "the most hated woman in the internet". Nice..
At the very least, with a justice system, we're not reliant on a whole load of non-experts pretending they know everything from (a) what went on with JA and the women (b) extradition prospects from Sweden or the UK to the US etc. etc.
I have had social support me and say the mother was untrustworthy, and the courts ruled HER favour.
I have proved in the court that she was lying, and you know again.
I gave the prosecutor the court video, her letters to other courts, on advice of my lawyer as SHE perjured herself. To be told NOT ENOUGH EVIDENCE. A court video, 5 judges and 2 lawyers witnessed it, and still not enough evidence.
Wake up if you are not Swedish you ain't got much of a chance
I got the number from some news article about how many people out there access webs like WL as such. The number is not directly a number of visitors of WL directly but many news agencies publish WL documents so in total there may be more than 500 million that are in favor of this whistle blower than the Swedish team. Hundred of headlines yesterday sounded much like "Swedes are the bad guys and JA and his team are the good ones". I think that is bad enough for Sweden. Check this out on SVD
http://www.svd.se/nyheter/inrikes/svenskt-rattsvasende-svartmalas-pa-natet_5922857.svd
To be honest to you I want Sweden to come out as a winner of this case BUT in a transparent manner. So far it has not been transparent.
Sweden doesn't have a judicial system - it works in favor of those who are criminal - in which case if Assange were guilty - he would win anyway
If Assange is innocent he won't be able to prove it as it doesn't matter how much evidence you have, if the system has already decided then you may as well throw the evidence in the bin.
Yep - I have a good idea. The 500 million (and where did that number come from btw ?) are prejudiced to support JA and will interpret any evidence in the most JA-favourable light. They do, however, keep on changing their mind. At first it was all CIA, then it was feminism, now they've managed to combine the two into feminism+US/extradition consensus.
Not really, Nilspet. The 500 million or so are now beginning to learn about the Geijer Affair and other cases, which nicely illustrate just how much Swedish power elites care for women's rights in Sweden when it becomes inconvenient to their own positions.
This case is also highlighting the scandalous misuse of the European Arrest Warrant by just about every country in the EU: partial, capricious, politically motivated, trivial... the list is long. Fortunately, the Assange case has led EU legal instances to review the use of the EAW. If it happens that will be one improvement prompted by this case.
I agree that there have been too many conspiracy theories bandied about, but the Swedish legal system (or rather the specific use of it by certain individuals in this case) has been rightly placed under the microscope.
While I understand international criticism and condemnation of abuse of human rights is hard not to take personally ..... his comments clearly highlight the oposite of what he claims to be true.
Another AirWaster.
He should've left with Sahlin.
Hey, We can't have it all : )
The Swedish justice system is to be judged if and when this ever comes to trial. Sweden is well within its rights to issue an arrest warrant for a suspect (who is often difficult to track down despite his protestations that he is available for questioning but only his terms). He is the one refusing to return to Sweden. What is the prosecutor supposed to do ? Just drop it. The publicity associated with "letting someone go because they are famous" could be as bad as "chasing after poor JA". The whole point of the EU arrest warrant system is to try to ensure accountability regardless of where in the EU one is. There are far more serious "abuses" of it than poor JA who is only wanted for questioning.
JA and his lawyers (who seem to speak more cr*p with each utterance - execution, the USA...) are as much to blame for this circus as Ny. It could all have been ended so easily if JA had gone back for questioning like he said he always wanted to do.
It is clear that JA could be questioned in UK and already before the arrest warrant was issued. So the process abuse took place right? We have examples where Swedish authorities traveled to other states to question, interview, interrogate suspects. One being the helicopter robbery in 2009. Swedish cops were allowed to go to Serbia to find out more truths. UK would surely allow Ny to be in UK questioning JA.
Process abuse = ?
All authorities have "an independent, non-coerced judiciary" on this planet, depends on how the authorities interpret justice!
Witness I: 'How come he sent me flowers the next day if he didn't have a guilty conscience?
Defence Counsel: 'It wasn't flowers, it was a wreath. He thought you were dead.'
Serbia isn't in the EU, the UK is and there is an EU arrest warrant system which can be used. A suspect should be interviewed according to the standard rules of a judiciary.
A question for you - what is so special about him ? Why can't he return to Sweden ? Why must he have it on *his* terms ? He is a man who has spent his life travelling. Surely he can nip to Sweden and back in a day.
That is rubbish, a girl of 13 wad raped by a 16 year old the case was recently thrown out of court because the girl did not say no, so it was considered consenual.
"I can only defend what everyone in Sweden already knows: that we have an independent, non-coerced judiciary," he was quoted by the TT news agency as saying."
Again more rubbish, do you guys not remember the case with the guys from Piratebay? The two judges that had ruled in favour of imprisonment were both staunch supports and worked withing organisations that wanted to ban illegal downloading, yet after a investigation the Swedish authorities said that the judges decision to send the Piratebay group to prison was not biased!
And a question for you: What is so special about the prosecutor that means he can't conduct a video link interview with Assange or even get on a plane to the UK?? Both have been suggested.
And I am not sure why you are criticising Assange for wanting everything 'on his terms' - he is defending himself after all..... I don't blame the fellow for not wanting to set foot in Sweden, anyone with any sense knows hat 'Swedish justice' is at best inconsistent and at worst an oxymoron.
That Sweden and UK are members of EU make it even easier to have a VDO link between the two states. It happened that governments within the EU used VDO links to communicate on various matters with one another and it has been like this for a long time.
To the best of my knowlege JA has the right to be anywhere in the world he wants to be (as long as the territory he sets foot in gives him permission. He could well be in Russia, Korea, Cuba or back in Australia...). That we humans can travel freely is the MOST basic human right for every human being. Now you wonder why he did not agree to travel to Sweden to be questioned by prosecutor Ny? He did not have to if he does not want to. It could be that he felt threatened and that UK did not push him out directly showed that they at least wanted to give him some kind of basic human rights. If he went to e.g. Norway they could have sent him back to Sweden without any hearing. Even if he was already pronounced guilty by the Swedish justice system he still has his rights to fight extradition if he fears for his life and that that his human rights would be violated here. He like any other human being has to right to defend himself against any allegations by any state.
Don't you know that Sweden has granted refugee status, permanent residency or even citizenships to many people found guilty in their country of origin. They did so because they realized that human rights of those people could be violated if they were sent back. Many countries want their criminals back to be prosecuted but Sweden refused because it consider those allegations not crimes according to the Swedish law. Let's wait and see how the UK justice system functions in this very case ... this saga must end somewhere right? Would you be happy to see JA behind bars in Sweden? What are your thoughts?
Quite a few people say Wikileaks hasn't accomplished anything, so let's take a moment to review.
Excepting, everything it has instigated, long in the making, from Scandinavia to Spain, from the UK to Greece and throughout North Africa and the Mideast.
When a radio announcer in Tunis read the Wikileaked documents explaining the the thievery and extraordinary wealth of the Tunisian dictator, the people already knew the generalities, but it served as a catalyzing event.
When Wikileaked documents fully explained the consistent collusion between Mubarak and the Israelis against the Palenstinians (their economic warefare, etc.) along with Mubarak's billions of theft from the Egyptian people, people knew this in general, but it served as a catalyzing event.
In Spain, the compromising of the Spanish judicial system by the Obama Administration, in support of the previous Bush Administration, rised the people's hackles considerably.
Whether in Greece, Russia, Sweden or elsewhere, again and again Wikileaked cables from the US State Department has served as catalyzing events.
In Sweden, scandals have been brought to light regarding present and past political figures, and their Foreign Affairs Minister***, Carl Bildt (former president of that country), is adamant that Assange of Wikileaks be extradited to Gothenburg, home to Jeppesen Systems AB (subsidiary of Boeing and an affiliate of extreme rendition airlines, Jeppesen Dataplan, another Boeing sub).
And what do we know of Carl Bildt? That he was a director at Lundin Petroleum during their years of mayhem in Sudan.
http://en.wikipedia.org/wiki/Lundin_Petroleum
http://www.ecosonline.org/reports/2010/UNPAID_DEBT_fullreportweb.pdf
Always interesting, and always predictable, the way it always ties together.
***Evidently Sweden, like the USA, likes to recycle their corrupt politicians with Bildt now their equivalent of the US Secretary of State, which we now have the recycled First Lady in charge of. Bildt, interestingly, was also a director at the British MI6 cutout, Hakluyt & Company, which boasts another well known director, one Frank Wisner, Jr.
Yup, it always connects together.....
I respectfully refer you to http://begthequestion.info/
It was Carl Bildt who first appointed the now-Justice Minister Beatrice Ask to his cabinet when he was prime minister a few years back.
And it was Minister Ask who pressured the Assange investigation, which had been discontinued due to lack of evidence, to be re-opened and for that Interpol warrant to be issued.
He is innocent until proven guilty you numbskull...
I rather suspect that the authorities prefer face to face interviews on their conditions when interviewing suspects. For example, I've never seen on the Bill
"Ok, let's question the suspected armed robber.
Constable - set up the web cam and call him up on skype.
We'll get to the bottom of this now..."
I asked why JA chooses to fight the extradition because I suspect there is a lot of stupid posturing going on. If the case is thin then there is little chance of it succeeding in court. Ignoring the froth and cr*p from his legal team and we're left with a Swedish justice system which is neither better nor worse than other EU systems. Furthermore, in JA's case he will have the media monitoring the whole thing should it even come to trial (which is a lot more than most foreigners finding themselves in trouble with the law in foreign countries get). Even if he would win the extradition battle this would still leave him exposed to arrest if he tried to travel to another EU country (the arrest warrant still holds even if the UK turn it down). For a nomad, a lot of world is getting blocked off which must hurt. In addition he would always be known by many (rightly or wrongly) as that bloke who ran away from the rape allegations rather than facing them. Its in his own interests to return to Sweden and clear this up now.
Do I want to see him locked up ? I couldn't care less as long as the law is applied fairly.
I see your point ... I can 100% agree that the law should always be applied fairly. Again I think that the Swedish prosecutors can interview him in UK if he exercises his basic human rights not to travel to Sweden. Ny or any other can surely travel to UK to talk to him face to face if they really want to get the job done ... even at the Swedish Embassy which is a Swedish territory.
Anyway ... don't you think that people who bring up false allegations against others should also be punished by law? I doubt it is possible in Sweden. The Swedish system would not give JA a chance to sue the girls and people who put him in trouble had the UK judges dropped the case.
Rape is already a vastly underreported problem. The behaviour of the mob in the JA case can act as quite as a deterrent to a woman from coming forward with an accusation against a well known figure with lots of supporters. This is yet another reason why JA should go to Sweden and clear this matter up.
(Feminists society) Mr Prime Minister ,please jump
Rheinfeldt: How high?
Sad to see us become a puppet to hire powers! The problem with my country man is that we are way to non confrontational and conforming to speak out against it.
@ arbed12
Would you have links to your allegations?
http://213.251.145.96/cable/2009/09/09STOCKHOLM569.html
The US government cables mention coopting the independence of the Swedish Migration Board:
"...The SMB is bound by law to accept references only from the UNHCR or Swedish embassies, although in "extremely special" cases, the Government could direct the independent SMB to consider a specific request. (Comment: Despite MFA interlocutors telling us in the past that it would be "difficult" to intervene "politically" with the work of the SMB, as in ref B, xxxxxxxxx explicitly noted that possibility. ..."
http://213.251.145.96/cable/2008/10/08STOCKHOLM722.html
Many UK legal experts doubt if Sweden will succeed in get JA extradited for so called questioning. So Sweden should brace itself for heavy court costs and serious international embarrassment. Even, if they get him to Sweden, what then? He will just say, 'you have already questioned me and I have answered your questions, I have nothing further to say. Charge me or let me go. There is no new evidence other than the SMS messages of the 2 women (which you don't let me see), so perhaps you should question the women about them.' The fact that Ms Ny doesn't have the guts to charge JA proves that even she knows that the case against JA is extremely weak. It is unlikely that his so called accusers will give evidence in court against JA because they would lay themselves open to a charge of perjury and in any event one of them is living in Palestine now.
http://original.antiwar.com/mcgovern/2010/12/08/whats-behind-the-war-on-wikileaks/
If a defendant is convicted he has the right of appeal. YThis must be made in 3 weeks. BUT the Prosecutor has 4 weeks to counter appeal. Some democracy.
If the Prosecutor also appeals in the fourth week then the defendant WILL get a harsher sentence in any Appeal. If the Prosecutor does not make a counter appeal then the defendant's punishmnet could be reducced but 9 out of 10 cases it remains as the lower court determined.
The Supreme Court never takes up cases of a sexual nature. The judges in that court have no idea how to handle sexual cases as their verdicts will be the mockery of the press and television.
So I just hope JA will not be extradited to Sweden as he WILL NOT get any fair trial not now theat the most senior "Statesman" in Sweden - The Prime Minister - has made comments on the case. This case is really showing the world what Sweden is REALLY like. The Prime Minister should grown up, shut up and not involve himself in ongoing Judicial matters. He has ruined any chance of JA being extradited to Sweden
The Swedish System is full of Hitlers and Gestapo methods. One prosecutor first laying the case down and another prosecutor starting it all up again. This in its self shows how the Swedish Judiciary is conducted. One person countermaning another.
Good luck JA just don't trust any Swede in future. I hope that you have learned your lesson about Swedes and Sweden.
Can you explain how your post is in anyway compatible with the principles of justice which you're apparently concerned about. Giving the contact details of the two women is utterly shameful, not least since they've been receiving hate mail and abuse. Can I remind you - you've never met them, you don't know what went on and your information is incomplete. Yet still you join in this disgusting mobbing.
Justice is about the dispassionate assessment of the complete evidence base. It also means protection both for those who make allegations and those on the receiving end. If you think there is evidence that they made the whole thing up then go to the police or encourage JA to bring a private action.
Please don't ever write again about failings in the Swedish justice system. You clearly haven't got a clue what justice really means.
You were not at the alleged incidents nor do you have access to the complete evidence base and legal opinion. You do *not know* the motivation of the women though you clearly feel otherwise.
Your argument is that you believe that the justice system has failed so you're going to dish out your own bit of justice by publicising the contact details of people who are already subject to hate mail and abuse. This is a garbage excuse for an ignorant hate-filled act against people you don't know. There hasn't been a trial and the questioning isn't even complete. Your hero is as much to blame as Ny for this state of affairs.
Specifically regarding your treatment these women, the justice system will have failed if and only if you have evidence that these women broke the law in some way and that any complaints you have made via the appropriate legal system have failed. So, did you make a formal complaint about the women ? Do you have appropriate evidence about their guilt which would stand up in a court of law ? Or did you think about all of this and did you just feel like joining the internet mob against them ?
The Swedish legal system may be flawed but its a lot better for digging out the truth and punishing wrongdoing than anonymous unaccountable internet posters.
I don't think you understand my point. The women choose to have a public trial / media circus, when they went to Expressen. You are talking like this is just some normal criminal case, this case is anything but normal - normal rules don't apply any more. In UK law we have a legal principle called Equality of Arms, both sides should be on the same footing. JA's address is in the press, so why not the women's? JA has not even been charged so he has a right to the presumption of innocence. JA regularly comes out to defend himself in the media, despite being vilified as a rapist, I'm sure he gets hate mail every day, there's enough of it on the internet. Why don't the women have a press conference to put their side of the story? All the witness statements are on the internet, so people can make their own mind up who to believe.
JA's Swedish lawyer says he saw SMS messages (held by the police) from the women which show they are lying. I would rather believe a member of the Swedish bar than these 2 women. Why aren't the Swedish police taking action? I don't have access to these SMS messages so I cant make a complaint (not that the Swedish police would act on a complaint by a foreigner in another country).
As for a trial, its simple Ms Ny should come to the UK to interview him and save us all a lot of trouble. If Sweden lose the extradition case, it will be all for nothing anyway and there wont be any trial in Sweden. Why risk it, she should take what she is offered and stop being so stubborn.
Do you not accept my last post showing that any justice is completely out of the window now?
It is spiteful, hateful (and cowardly, given your own anonymity) to spread the contact details of people who are already subject to hate mail and abuse. This is true whether or not you *think* they are inventing the whole thing or that the justice system has behaved badly in this case. This is simply another example of the internet mobbing of these women and justice is never served by this type of behaviour.
You seem to treat the 2 women as genuine rape victims, I'm sorry genuine rape victims don't go to Expressen to sell their story. This whole episode has set back the terrible plight of women who have been genuinely raped by years. If anyone is behaving spiteful and hateful its the 2 women behind this whole case, who have damaged the previously good reputation of Sweden.
The general principle, now that Sweden has adopted a more aggressive foreign policy is if you poke someone in the eye, expect to get poked back. Now Sweden has troops in Afghanistan, you now have suicide bombers in your streets for the first time.
I don't give a sh*t if they are genuine or not. The fact is that, however, you don't know. You don't know them, you don't know their motivation for doing anything they've done. You've simply drawn your conclusions on incomplete information. FIne - we all do that. What most of us don't do is join in the mobbing.
I don't treat them as either genuine rape victims or as liars. I treat them as people who have been subjected to a hate campaign by people who don't know half as much as they think they do.
Now you're being really ridiculous. You, Mr Steve ... (sorry don't know your surname, you maintain your anonymity) posted the contact details of women who are subject to hate mails and abuse. You did this as part of an attempt to ridicule them further (i,e. suggest that they are asked out for a Valentines date). You then told me it was nothing serious. Now you tell me you're actually the Local's yellow pages and did it as an information service for journalists and people who might have "questions". You should at least keep what passes for your story consistent.
I'm sure its hard for you to admit but, whatever you *think* these women have done (and its only that, you don't really *know* what went on), nothing condones the hate campaign to which they are being subjected. Passing on the addresses of people are going through a hate campaign is being part of the internet mob and is as much an affront to justice as what you think is being done to poor Julian.
I'm amazed that you write that you don't condone mobbing when this is precisely what you are doing.
Maybe you've spent a bit too long crying about other people's failings in the JA case that you forgot to call into question your own ethics ?