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Assange files Sweden extradition appeal

AFP/The Local · 16 Nov 2011, 08:33

Published: 16 Nov 2011 08:33 GMT+01:00

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His latest gambit comes less than two weeks after the High Court in London ruled that the 40-year-old Australian could be sent to Sweden to face questioning over claims of rape and sexual assault made by two women.

On December 5th, Assange will ask two High Court judges to rule whether the

case raises a question of general public importance, the only way his appeal

can proceed to Britain's top court.

"The High Court has received an application from Julian Assange for permission to take the case to the Supreme Court," a spokesman for the Judiciary of England and Wales told AFP.

Assange has strongly denied the allegations against him, claiming they are politically motivated and linked to the activities of WikiLeaks, which angered the United States by publishing thousands of secret documents.

The former computer hacker spent much of the last year under virtual house arrest since he was first detained in December 2010.

A lower court initially approved Assange's extradition in February, but he appealed to the High Court which rejected his challenge on November 2nd.

Assange made the application for the Supreme Court to hear the case one day

before the legal time limit.

The judiciary said the High Court would "consider Julian Assange's application for a certificate of law of general public importance on December 5th".

Legal sources said a decision was expected on the same day but that it was not certain. If Assange loses he will be extradited to Sweden within 10 days.

According to the the Sweden Vs. Assange website, which is linked to Assange and WikiLeaks, his defence will focus on the validity of the European Arrest Warrant that was issued to him in December last year.

His team will also query whether he can be defined as "accused" despite having not been prosecuted, the website added.

Assange has previously expressed fears that his extradition to Sweden would lead to his transfer to the United States to face as yet unspecified charges of spying.

The legal challenge comes despite the fact that a Swedish public relations firm claimed last week that it had been hired by Assange and that he would soon be returning to Sweden to face questioning over the allegations.

Swedish prosecutors want to question Assange on suspicion of two counts of sexual molestation and an accusation of rape made by two Swedish women in

Story continues below…

August 2010.

In their decision earlier this month, the two judges dealing with his appeal rejected Assange's claims that the Swedish warrant was invalid because it was issued by a prosecutor and not a court.

They also rejected his assertion that the claims made by the two women would not be offences under English law.

One woman alleged that Assange had unprotected sex with her while she was asleep, and the judges rejected his lawyers' contention that consent to sex with a condom remained consent when a condom was not used.

The judges also rejected Assange's argument that he should not be extradited because he was only wanted for questioning, and they denied the arrest warrant was disproportionate, given that Assange offered to be questioned via videolink.

The former hacker caught the world's attention when WikiLeaks released tens of thousands of classified diplomatic files allegedly obtained by Bradley Manning, a US serviceman who is now in prison in the United States.

AFP/The Local (news@thelocal.se)

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Your comments about this article

10:57 November 16, 2011 by N0DE
poor Assange, he should understand there is NO use asking for Justice in Sweden or UK ...these countries will do what US tells them
11:58 November 16, 2011 by Atlas
I still don't get it...why go to great lengths to extradite Assange for questioning only, when the swedish prosecutor can travel to UK and question him there? It's cheap and it doesn't cost taxpayers that much.
12:55 November 16, 2011 by dannydanny
it is turely complicated
13:55 November 16, 2011 by Streja
This is really silly. Sweden vs Assange. What a joke. As if Sweden cares one oita about him.

Just get on a plane here asap and it will all be dealt with swiftly.
14:14 November 16, 2011 by SimonDMontfort
...well Sweden must care 'one iota' about the case if they're continuing with the extradition request.

I agree its made a mockery of UK justice after all this time, and perhaps even damaged Assange's own position with many people thinking he may be guilty of something - thats why he's fighting extradition
16:07 November 16, 2011 by Liquidmonkey
gotta love how you can appeal a ruling 50 times. what a waste of money although in this case i hope he wins at the supreme.

no one, i repeat, NO ONE should be extradited to anywhere unless they have been formally charged with a real crime and even then, the actual crime committed should be heavily considered.
16:33 November 16, 2011 by philster61
"he may be guilty of something - thats why he's fighting extradition "

He is not guilty of rape. The case was thrown out last august. He knows something the rest of us don't...... He probably has seen a document from the US demanding his rendition/extradition.....
16:56 November 16, 2011 by Liquidmonkey
just because u fight extradition DOES NOT mean your automatically guilty.

he is obviously afraid of what the US is gonna do to him and him being at an airport might allow that to happen. if anyone still thinks his extradition has anything to do with touching a woman then its time to get your head out of the sand.
19:13 November 16, 2011 by SimonDMontfort
I'm as much in favour as anyone else of Julian Assange receiving fair treatment and being exonerated - especially if the claims against him prove to be 'trumped up'

@ Philster 61 - it was the initial investigation that was dropped in August 2010 but the Swedes started a new one. We can't say he's not guilty of rape as he's not been charged (yet)

@ Liquidmonkey - I'm not saying Julian Assange is guilty of anything - only that some people THINK he may be, if he's spent so long fighting extradition.

Can't really see Julian Assange being extradited to the US. The US was talking of charging him under their Espionage Act (which as it would be seen as a 'political' crime under the terms of the Sweden-US Extradition treaty - the Swedes would probably refuse a US extradition request).

Even if he was, Mr Assange' s defence could be that he was a journalist, and the US State Dept has said in the past that although the Wikileaks revelations were embarrassing, they are no more than that.
19:18 November 16, 2011 by sgt_doom
"Everytime we witness an act that we feel to be unjust and do not act we become a party to injustice."

----- Julian Assange

@SimonDMontfort --- Liquidmonkey is correct, of course, while you evidently understand NOTHING! The Euro warrant is invalid by their very own statutes and laws, BECAUSE Assange has yet to be charged.

Read the frigging law, sonny!

And do the Svenskaheads want Assange extradited to Goteburg, instead of Stockhold? Because that's where Boeing subsidiary, Jeppesen Systems AB is located. (Ever hear of "Extreme Redition Airlines"? I.e,, Jeppesen Dataplan???)

Or, by extension, have you ever read or heard of anything, SimonDKnowNothing?
19:36 November 16, 2011 by SimonDMontfort
Well I wish Mr Assange good luck in his appeal against the UK justices' ruling that the Swedes' use of the Euro Arrest Warrant was "lawful" and "proportionate"
10:32 November 17, 2011 by carolannusa
The Swedish prosecutor lost her opportunity to question Assange when she refused all offers by his attorney during Mr Assange's extended stay in Sweden in September. Her excuses for the refusals ranged from "not now" to "the policeman was sick." She also approved his request to leave Sweden , and then told Mr Assange's attorney that his offer to return to Sweden in October for questioning was "too far off." Requesting the arrest warrant was a flagrant abuse of the system. At this point, it is the prosecutor who should be investigated, not Mr Assange .
18:38 November 19, 2011 by Tamm O'Shanter
The good thing about a 'thread' like this is that one can easily spot the trolls from more thoughtful posters
11:37 November 20, 2011 by Frank Arbach
......and we all know who they are don't we? Lol!!

Simon D is one of the more level-headed posters on here these days - and he's right: it would be easier for the US to extradite Mr Assange from the UK, rather than from Sweden.

As for him bringing a 'counter-prosecution' against the prosecutor - well good luck. Mr Assange is surely more concerned with getting the best legal representation right now
17:17 December 12, 2011 by Alex Black
The case against Australian-born WikiLeaks-founder Julian Assange, who lost an appeal in the U.K.'s High Court that sought to block his extradition to Sweden, is said to have been marked by false starts and mistakes on the part of Swedish prosecutors .

Assange, being wanted by Swedish prosecutors for questioning about sexual encounters with two women in August 2010, has to deal with Swedish prosecutors. Both women, who have met and invited him to their flats first, claim that they actually did not want to have unprotected sex with him but that Assange managed to avoid using a condom.

Do you think he could or should be convicted of rape because of this behavior?

What do you think, who should win, you have answer on

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