Published: 27 Sep 12 06:41 CET | Print version
Online: http://www.thelocal.se/43474/20120927/
Ecuador said Wednesday it is prepared to shelter Julian Assange inside its London embassy for years if necessary as it negotiates the WikiLeaks founder's fate with Britain and Sweden.
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WikiLeaks founder Julian Assange is prepared to spend another five years inside the Ecuadorean embassy in London, but one Swedish lawyer said on Tuesday that the decision would not affect the Swedish case. READ () »
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It is the member state that decides to have the red-notice public, and there is nothing unusual about it.
The courts have to determine various things before allowing an extradition order. The most important is the dual criminality. That is whether the accusations are crimes in the originating country. Every extradition request is judge on its merits, including if information prodived indicates that the person's rights will be violated.
On evidence in the Extradition Act 2003.
*Evidence*
202 Receivable documents
(1) A Part 1 warrant may be received in evidence in proceedings under this Act.
(2) Any other document issued in a category 1 territory may be received in evidence in proceedings under this Act if it is duly authenticated.
Even without checking the laws it is an easy thing to conceptualize that evidence can be presented during an extradition hearing.
The extridation of Shawn Sullivan says that you are wrong as he won his appeal. Then there is Ian Bailey who also won his appeal at the Supreme Court.
This Julian Assange centric view seems to create a form of reality distortion.
If Assange believes he has been unfairly treated, then he can go through the courts or use an ombudsman has he has in the past.
So even if Assange is found guilty of (or admits) raping a woman he should be let free because she submitted a suspected unused item as a used one during the police investigation.
Two lucky ones? Both cases are only high profile. One an accused pedophile and the other a suspected murder, both because of concerns about their rights in the recieving state. Not, this umpteen degree of Assange.
Hundreds? Well it seems that someone has to provide evidence other than something that is just casuistry.
The state of denial will not magically give Assange special rights. Nor, will ignoring rights engraved in Sweden, the UK or the EU.
1. You get imprisoned in Sweden even before being charged, so if the US brought charges at that time he has no recourse to diplomatic protection;
2. Sweden has a history of agreeing to all extradition requests to the US, including extraordinary rendition in 2001, in 2006 it was reported by Swedish Military Intelligence that subsequent restrictions were being ignored;
3. Sweden has a clause in their extradition treaty for "Conditional Release" which the UK does not, which would not be subject to the same restrictions as extradition and the UK would not need to approve the onward extradition;
4. If, as Australia believes, the US would bring charges carefully worded to avoid conflict with the First Amendment, the UK and Sweden could declare that the charges are not political offenses and therefore not prevent him from being extradited.
5. If Sweden wanted to question Assange, they could have done so in the UK. Issuing an EAW was disproportionate, especially when no charges have been brought. Expert legal opinion supports this: http://www.scribd.com/doc/4839...
6. 3. The International Prison Chaplains Association says that Swedish prisons are the worst prisons in Europe. In 47 percent of cases, prisoners in Sweden are held incommunicado.
7. To repeat the point about Sweden's nature as a human rights violator:
There is always that Swedish legal device known as a Temporary Surrender or Conditional Release, under which Assange can be sent on from Sweden to the United States secretly and quickly.
Sweden has in the recent past allowed rendition (torture) on its soil at the request of the US. In fact, in the last 10 years Sweden has done whatever the US wants so that it can share security information. Much like Britain. The Swedish foreign minister responsible for extradition, Carl Bildt, became a U.S. Embassy informant in 1973 when he was 24 years old. He shipped his personal effects to Washington, to lead a conservative leadership program, where he met Karl Rove. They became old friends and would go to conferences together and so on.
"Conditional Release" ignores the part of the EAW that states that the sending state must approve the extradition to a third state.
The courts were convinced that Assange is required for prosecution, and acknowledged that the Swedish system is different from the UK in procedures.
This desperation to discredit Sweden just because of Julian Assange is rather uninteresting.