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Swedish court rejects Assange appeal

TT/Peter Vinthagen Simpson · 24 Nov 2010, 16:14

Published: 24 Nov 2010 16:14 GMT+01:00

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"The Svea Court of Appeal has today decided to reject Julian Assange's appeal against the Stockholm district court decision to remand him," the court wrote in a statement on Wednesday afternoon.

The appeals court said that it had "in certain parts" of its ruling come to a different conclusion than the district court but that "grounds for a remand order remained".

An international arrest warrant was issued for the 39-year-old Australian on November 20th following a decision by the district court on November 18th.

The Stockholm district court ordered an arrest warrant for Assange for questioning on "probable cause of suspected rape, sexual molestation and unlawful coercion" in Sweden in August.

The court order allowed prosecutor Marianne Ny, who had requested Assange's detention, to prepare the international arrest warrant for the head of the whistleblower website, who is believed to be in Britain.

Ny insisted on Thursday that arresting Assange was the only way she could be sure of questioning him about the allegations of raping one woman and sexually molesting another.

Assange has strongly denied the charges and hinted that they could be part of a "smear campaign" against his whistleblower website for publishing classified US documents on the wars in Iraq and Afghanistan.

He has also claimed, via his Swedish lawyer Björn Hurtig, that he has made several offers to be interviewed by police. Prosecutor Marianne Ny has since stated that she was not aware of any such offers.

Story continues below…

WikiLeaks last month published an unprecedented 400,000 classified US documents on the Iraq war and posted 77,000 secret US files on the Afghan conflict in July.

The website recently claimed on its Twitter feed that it was preparing its largest leak ever, claiming that "coming months will see a new world, where global history is redefined".

TT/Peter Vinthagen Simpson (news@thelocal.se)

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Your comments about this article

17:11 November 24, 2010 by aab05001
It seems that Sweden is a puppet countrt
17:25 November 24, 2010 by mjennin2
Karma's a b!tch, ain't it?
18:07 November 24, 2010 by Nomark
Wow - this conspiracy is rather extensive. It seems to have infected the Svea court of appeal as well as the district court. That's an awful lot of people in on the conspiracy.So far we have a couple of sets of judges,the two women who made the complaint etc. etc.

This makes the absence of any evidence confirming that its a conspiracy all the more bizarre. This is truly a well maintained conspiracy.

An alternative though far less likely hypothesis to explain recent events is that the two women believe they were assaulted by JA and that the prosecutors think there is sufficient evidence such that an arrest warrant should be issued.
18:31 November 24, 2010 by BigBilly
Has he been putting his Wiki where he shouldn't?
20:17 November 24, 2010 by sgt_doom
Obviously, the logical next step should be a deep background investigation into prosecutor Marianne Ny, and what occurred which she was involved with, while she was posted to Malmo?

During this entire time, the prosecutors' staff should be the principal focus.

Seems I recall someone high up in law enforcement being arrested in Malmo awhile back?
20:37 November 24, 2010 by UScitizen
Yes, this is another American conspiracy alright. But the plan didn't work. You see, the CIA is behind the things going on between the two Koreas. The did it to divert attention from this little deal with Assange. Also, Obama's approval rating has fallen and what better way to bring it back up than to start a war? It's worked before. America... my home away from home. I love it!
20:44 November 24, 2010 by Nomark

Before calling for a deep background investigation Ny it would be helpful if some evidence could be brought forward showing misconduct on her part. At present, there is none. The only thing she's "guilty of" is making a decision of which some people disapprove.
21:06 November 24, 2010 by Nomark
@Trowbridge - if I'm a MI6 agent, as you allege, then surely I wouldn't make such apparently lousy assumptions regarding how conspiracies work......
21:48 November 24, 2010 by Jimmy
Trow, you nut case. Never ceases to amaze me with what you come up with. This is a nothing case. Just some insignificant Swede seeing a chance to big wig themselves and make them a legend in their own lunch box
03:48 November 25, 2010 by waffen
The long arm of the black-robed grim reaper known as the United States has reached into the halls of governments world-wide to stop the leaks of their criminal enterprises in Iraq and Aftghanistan.

By the way, their Christian Republican Former House Speaker Tom Delay has been convicted in a Texas court.

Give Assange a rest and focus on the real criminals.

The Criminal Republicans are back in power in the United States.

Maybe a few more of them will be convicted.
08:41 November 25, 2010 by Nomark
@Waffle - how do you that the allegations against JA which were made by the two women are without merit ?
11:05 November 25, 2010 by marianne667
What a waste of time and money. If rape is a part of Assange's MO he will do it again & let somebody else worry about it. SAVE OUR MONEY! Sweden is not the policemen of the world. The Americans are.
11:10 November 25, 2010 by Nomark
Have you ever heard of irony, Trowbridge ?
11:56 November 25, 2010 by RobinHood
"...he [JA] has made several offers to be interviewed by police. Prosecutor Marianne Ny has since stated that she was not aware of any such offers ... [and] insisted on Thursday that arresting Assange was the only way she could be sure of questioning him about the allegations ..."

Prosecutor Ny is certainly now aware of JA's offer to submit voluntarily to questioning. Why doesn't she just accept his offer and give him an appointment? That seems much simpler than troubling the world's police forces with a very public international arrest warrant?

This prosecution is still being handled in a very curious way. And that's after the prosecution office broke the law by going public in the first few hours of the prosecution. If Prosecutor Ny is going to reasure us she is handling this in a perfectly normal way, she is going to have to do much better than this. So far, the prosecution seem to have broken more laws than the defendant.
12:02 November 25, 2010 by Revenge
Hmm..... well i hope swedish people are still alive and do something about it. Help that poor guy!!???
13:42 November 25, 2010 by Nomark
From JA's recent comments it seems he is reluctant to go to Sweden. It also seems that he wishes to be interviewed on his terms. This is a bit of a no-no when it comes to law enforcement. Whether we like it or not, the prosecutors decide when they want to interview. Its also reasonable to expect that the interview takes place in Sweden. According to one report in the Guardian, the veracity of which I can't confirm, the prosecutor had set a date for a meeting but JA decided instead to leave the country. Since none of us know what is going on in this case, or whether he is innocent or guilty, it seems a bit odd to interpret the whole thing purely from a "poor Julian" perspective.

Regarding Ny breaking the law, has she, in fact, done this ? Is there discretion to allow the naming of a suspect if that information is already being reported widely ? Has anybody read up on the relevant laws regarding anonymity ?
21:44 November 25, 2010 by hawkeye ajustralia
Assange has lived all his life under the protection of the United States Military as has most everyone in the west.We are fighting a war against what will be the greatest threat to mankind if the Taliban win in Afghanistan and help the Pakistan Taliban overthrow the already shaky Pakistani Government.These religious phscopaths will then have control over the countries large stockpile of nuclear weapons and high tech submarines complete with 16 cruise missiles apiece. Any attack with these nukes would probably cause the deaths of millions of innocent people anywhere in the world.

Assange says he wants to expose all the world "injustices ? The only injustices I have seen out of Wikileaks are all "US injustices." and this has been confirmed by former Wikileaks personel who have quit in disgust at Assange's hypocrisy.

Assange says "We do have a view that it (the war) should be prosecuted as humanely as possible." How can the US, Australia and other co-alition countries wage war using Marquis of Queensbury rules against Islamic fanatics who will do anything to win, when fools like Assange undermine our efforts and put allied troops in harms way by selecting what classified documents "they" - a cabal of American hating leftists sitting around determining what documents and information "they" can release to expose to our enemies what "they" consider might be injustices?

If this was 1940. What then would have happened to civilization if a wikileaks was releasing secret documents? - Churchill would have had this treasonous idiot arrested and shot.

It is absolutely insane that western defence and intelligence can be held hostage to the PC whims of this group of left wing ex hackers. Sweden has hardly contributed anything to the defence of the free world and needs to understand that this grandstanding egotistical Daniel Elsberg wannabe is a danger to all in the free world, including Sweden.

"A nation can survive its fools and even the ambitious. But it cannot survive treason from within..."Marcus Tullius Cicero.
01:52 November 26, 2010 by ladybee
We seem to never take into account that there are individual people who CHOOSE to LEAK the information they have access to. Why do they do it? Could be conscience. Could be self gratification but given the consequences of people caught, you'd think not. But for as long as there are individuals who are compelled to leak classified information, then there is a need for Wikileaks. Julian Assange is certainly the voice of the forum for the leaked information, but hundreds/thousands? of people are contacting them with information they feel compelled to reveal. A nation may be able to survive its ambitious fools but it CAN'T survive treason from within. Which is the point of Wikileaks. A voice for people that feel they can be heard in no other way. A forum for voices to be heard. That is never a crime.
12:11 November 26, 2010 by Alf Garnett
He would be better off giving himself up, if the sentencing of ex-police cheifs is anything to go by, Assange would serve about 3 wks.

One thing you've got to admire about this case is the mis-information & publicity stunts by the respective Secret Services. Secret Service?? = SS mmmmm, that name rings a bell
12:48 November 26, 2010 by Nomark

Your response is very interesting. You complain that I ask too many questions along the lines of "what about this, what about that". This is ridiculous. The truth about anything is never simple. The way to move forward is to ask questions.

If it makes you happy then you should stick to your preconceived and barmy notions and never challenge them. However, you shouldn't expect others to join you in this sloppy thinking.
13:24 November 26, 2010 by visitorfromnowhere
Anybody who claims to know the true nature of WL is EITHER a naive fool OR really really really really well connected (and thus probably not posting on The Local). Here is a Russian take on WL that reintroduces some very healthy skepticism: http://english.ruvr.ru/2010/11/25/35608580.html
18:39 November 26, 2010 by zoroastrina
It is difficult to believe that the malevolent Central Intimidation Agency has nothing to do with the persecution of Julian Assange, who fortunately for all of us published the WikiLeaks. I hope he can find refuge in a country that will not allow his extradition. I am a socialist and a "radical leftist", i.e., a believer in radical social equality as an adherent to the principles of the Fourth Socialist International. As an American with no sense of nationality or homeland, after having lived in Europe for 40 years (all of this time in Germany, to my regret) , I am appalled by the increasing racist, xenophobic and Islamophobic extremism in the centre of German society (as studies such as the Friedrich-Ebert-Stiftung's "Vom Rand zur Mitte -- Rechtsextreme Einstellung und ihre Einflussfaktoren in Deutschland" 2006, "Ein Blick in die Mitte -- Zur Entstehung rechtsextremer und demokratischer Einstellungen" 2008, and "Die Mitte in der Krise - Rechtsextreme Einstellungen in Deutschland" 2010 demonstrate), as well as by the neofascist parties in the Netherlands, Denmark, and Switzerland, including the abominable Swedish Neo-Nazi Party Sverigedemokraterna. There is something very rotten in the middle of European society.
18:54 November 26, 2010 by Nomark

I don't empty my bile on anyone. In fact I largely refrain from ad hominem remarks I think its important to attack the argument and not the person. If I wanted to find evidence of personal attacks on this forum I would need to look no further than your own posts. The one you just posted is a good example of an ad hominem attack and there are many, many more (eg you repeatedly calling another poster a " slinger". This is all very juvenile but then again you're not a kid.

Regarding my questions, they certainly do advance knowledge if they stop people forming conclusions on the flimiest of evidence. The cleverest people I know tend to say "I don't know" a lot. By asking questions of someone who makes a claim I'm able to judge whether or that claim is credible and whether the person making the claim has properly thought through his/her argument. I'm surprised that you somehow think that doesn't advance knowledge. Sometimes there simply isn't evidence to draw a firm conclusion. That doesn't mean we're obliged to draw a fantasy one anyway and then defend it to the hilt.

If my questions were absurd then it should be easy to prove they are absurd and that they have no relevance to the conclusions being drawn. However, this hasn't happened. Instead, when I ask questions I tend to get the type of response typified by your post.

Its all rather sad.
19:53 November 26, 2010 by Kevin Harris
Next week Wilkileaks will publish a third tranche of documents, this time relevant to international deals made between the USA and various governments during the Iraq and Afghan wars. This batch is really going to hurt. The US state department has, this week, been holding excrutiatingly embarrasing meetings with various governments informing them of what is about to hit the fan. Diplomatic expulsions of US ambassadors are being discussed in several countires.

I really look forward to reading about what has been going on. The truth (hawkeye ajustralia) is always good to know. Thank you Wikileaks and JA for

telling us exactly what has been going on, and exposing the worms who have been doing it. It's going to be great watching them squirm in the unfamiliar light of truth. No wonder Chenney developed a secrecy paranoia, he wasn't worried about the Taliban, he was worried about his own people finding out what had been going on.

Talk about going down guns blazing.
20:02 November 26, 2010 by visitorfromnowhere
So many comments, but nobody has noticed the most salient thing about this latest release, so I'll ask it as a question: What is the most specific geopolitical take away from this latest release of documents? This is a test. Lots of opinions about WL here. Let's see who actually pays attention to what the EFFECT of this release is. Your answer should be concise and not overly broad. Answer will be given on Saturday by yours truly.
21:06 November 26, 2010 by Nomark

Please reread my posts and of those of the Nine. You will see that we didn't engage in personal attacks. Its rather the opposite, we simply disagreed with you and this prompted you to shower us with personal abuse. Its simply untrue that you engage in pathetic personal attacks because we do.

If you read my posts on this forum you will see that I feel strongly about many topics and make declaratory statements when discussing them. However, my views are motivated by evidence and rational thought-through argument.

When it comes to the JA case I simply can't make a declaratory statement because I've yet to see evidence if he is innocent or guilty. Similarly, I've seen no evidence that this is a conspiracy. Therefore I question those who think they have such evidence.
10:08 November 27, 2010 by Nomark

I'm giving up now. I have never acted in concert with anyone. If Jimmy calls you a nut job, its nothing to do with me.

You allege a conspiracy yet there is a more plausible alternative which, once again, you have failed to reject through rational reasoning. This is a discussion forum and random people react to your posts and write that they disagree with you.

You want a declaratory statement - here is one. You have consistently made ad hominem attacks on posters with no justification. The only argument you come up is that there is some type of conspiracy against you, for which there is absolutely no evidence. The "no-evidence" theme in fact runs through your posts like a stick of rock. Whenever challenged to provide evidence for anything you claim, your posts then allege that the poster in question is in denial of the truth. This then leads to the type of silly discussion going on here. What it does not lead to is a fruitful discussion in which you provide evidence,which would survive the scrutiny of enquiring minds, to back up your claims.

For evidence supporting the accuracy of the above statement , take a look at a random selection of threads in which you have been engaged on this forum.
10:24 November 27, 2010 by Nomark
One more point - you seem fixed on declaratory statements.

Declaratory statements made with no supporting evidence are nothing more than statements of faith. As such, they belong in a church and not in a discussion forum.
16:00 November 27, 2010 by Nomark

Your discussions stop being fruitful once someone asks you to substantiate what you say or you disagree with another poster. Then they become abusive: "sh*t slinger", "scum", "empty your bile into...." etc. etc.

Reread your posts and learn to attack the argument and not the person.
19:45 November 27, 2010 by Nomark

Repeatedly referring to someone as "sh*t slinger" because he described a story which the rest of us found entirely credible (he even showed aerial photographs and gave the relevant address and name of the house owner) but which you disbelieved is just childish. You made no attempt to attack the argument or rebut the detailed evidence he provided rather you went straight for the person.

Also, please provide evidence that myself, the Nine plus God knows who else are engaged in a conspiracy against you. You've alleged this.... Where is the evidence ??????
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