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'No fair trial for Assange in Sweden': lawyer

3 Jul 2012, 17:22

Published: 03 Jul 2012 17:22 GMT+02:00

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Assange, who is currently holed up in the Ecuadorian embassy in London, has little chance of a fair trial in Sweden due to the “poor treatment” that suspected criminals receive in the country, wrote his lawyer Per Samuelson in on opinion piece published Monday in the Guardian newspaper.

“Sweden routinely imposes severe restrictions on suspects held on remand. Pre-trial, suspects are often held in detention, or even in isolation. This treatment is unnecessary and humiliating and thwarts the defendant's ability to prepare their case,” he wrote.

Samuelson claims that detainment and isolation should be reserved for criminals such as Norwegian serial killer Anders Breivik, but that less serious allegations like those leveled at Assange should be exempt from such treatment.

“Sweden insists on Assange's forcible removal to Sweden. Once there, he will immediately be seized by police and put in jail. He will be taken to the detention hearing in handcuffs, and will almost certainly be detained. He will remain in custody for the duration of the proceedings. This is unnecessary,” Samuelson wrote.

“This treatment is degrading. No one should be treated as guilty until proven innocent. There has been no trial, let alone conviction. Assange has not even been charged with any crime. And the situation makes it difficult for him to prepare his defence.”

Furthermore, Samuelson argued that remand prisons in Sweden do not allow suspects any kind of “proper contact” with anyone outside the prison, with any communication often taking weeks due to application forms and the censorship of letters.

“The treatment that the Swedish legal system has inflicted, and would be likely to inflict on Assange would mark him out as guilty and prevent him from preparing a proper defence and, for that reason, having a fair trial.”

Meanwhile, Ecuadorian President Rafael Correa claims that Ecuador is still considering whether to grant political asylum to Assange.

"We are analyzing the case with full responsibility and, as we have said a thousand times, we have no deadline to make a decision," Correa said Saturday.

Story continues below…

The Local/og


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Your comments about this article

18:57 July 3, 2012 by Tiny Red Ant
Their arguments keep on shifting. Just yesterday it was wanting assurances from American that they wouldn't seek to prosecute Assange. Now, the are complaining about the system in Sweden. With Assange's latest stunt he has no reason to complain any more. If he respected his bail conditions then he would be able to better convince authorities that he can be trusted. However, when the authorities claim that people accused of certain crimes are risk of fleeing, it is not a good idea to prove them right.
20:28 July 3, 2012 by expatjourno
No, Tiny, no arguments have shifted. The Assange lawyers have ALWAYS objected to Sweden's pre-trial detention and they are STILL seeking assurances that Sweden will not send him to the U.S. to be tortured like the U.S. tortured Bradley Manning and Jose Padilla.

YOU may think that the U.S. has no intention of extraditing Assange and putting him in prison for the rest of his life or executing him, but would you bet your life on it? Are you so sure that Sweden will not turn him over to the U.S. that you are willing to jump off of the tallest building in Stockholm if they do?

Because if you are NOT willing to bet YOUR life, you have no business expecting Assamge to bet HIS.
20:49 July 3, 2012 by skumdum
The irony is that Assange is much safer in Sweden than in the UK.
21:02 July 3, 2012 by bcterry
I hope the U.S. does call for his extradition, and that he be charged.

You better run Assange, because your axx is grass if they get their hands on you.

It would look good on him down there in Ecuador living under these conditions.

"I think this is ironic that you have a journalist, or an activist, seeking political asylum from a government that has - after Cuba - the poorest record of free speech in the region, and the practice of persecuting local journalists when the government is upset by their opinions or their research," José Miguel Vivanco, director of Human Rights Watch's Americas division, told the Guardian."

That would at least shut him up, as he'd be walking on eggshells for the rest of his life.

PLEASE, PLEASE take him Ecuador.
21:08 July 3, 2012 by roxpace
Hehehe, I like your comment bcterry :)

And I do agree a lot with you skumdum, Assange is a weirdo, if you look at the records of extraditing people from Sweden or UK to USA then UK leads a lot, strange then he feels more safe in UK which is USA's almost closest partner in the world.

I think this all is very simple, Assange is grumpy because Sweden did not let him get a citizenship so he could base his Wikileaks organisation from there.

Also he is probably maybe a criminal if what these girls says about him, and running away like he is doing is even more criminal, now UK and Swedish justice has said what they wanna say and even that is not good enough for grumpy Assange who see enemies in every corner.
21:33 July 3, 2012 by silversurfer
Can someone explain why Assange seemingly had no concerns with being extradited from _the UK_ to the USA? The two countries are signatories to the 2003 Extradition Act (which is being used in an attempt to extradite Gary MacKinnon to the USA, for example). Yet I have not read one word from Assange's side about that concern. So why be so worried about Sweden, and not the UK?
22:24 July 3, 2012 by bcterry
Wonder why he refused to take the aids test?
23:34 July 3, 2012 by CDRoth
With that attitude I'd think the lawyer should have his license to practice law in Sweden reviewed.
00:51 July 4, 2012 by Eric1
If he had cheated on Sweden taxes the Government would send all the ships in the Swedish Navy (all 3)and Marines to drag him out of the Ecuadorian Embassy.
02:45 July 4, 2012 by rolfkrohna
People start to view Sweden in its true colors. A dictatorship with elections, a corrupt justice system ruled and run by insiders, and much worse than Stalin's Soviet ever was. Here you are guilty until proven innocent, you get imprisoned without trial, and kept in isolation so you should have minimum chance of escaping the justice of the official elite, as they see it. A militant feminist Saudi Arabia. Stay clear.
02:45 July 4, 2012 by Grokh
clearly theres a lot of political motivation in all this, i mean they want to bring him to sweden and he hasnt even been charged with anything.

its a huge circus and no one knows why really.
03:28 July 4, 2012 by steven12251971
Let us not get caught up with Assange the character and miss out on the message that he is trying to convey. It matters not if he is guilty of rape in the technical sense or if he goes to bed with the Russians or other authoritarian regimes because Western media are subservient to their political masters. This is just a sideshow, a diversion. It doesn't change the FACT that abuses have happened at Guantanamo Bay, and that Americans are killing civilians with Apaches and drone strikes. We are all victims of blind patriotism. We condemn our sons and daughters to die in foreign land based on a pack of lies and by doing so, enrich the coffers of the military industrial complex. Assange has brought all of that to the surface so that the blind could see. His sexual misadventures is none of our business.
05:29 July 4, 2012 by Carbarrister
Some one needs to provide grief counselors for Assange's posse.
06:28 July 4, 2012 by Da Goat
IT is probably ironic that the poor sap would have been in and out of jail already if he had just fronted up initially......he has been holed up longer than the normal sentence for rape also he has a reasonable chance of being not guilty!
07:25 July 4, 2012 by skogsbo
Sweden harsh, you're joking, those who murder are out in about 10 or 12 years, even with bad behaviour!
07:57 July 4, 2012 by Pelican3915
Clearly the Swedish legal system is draconian! unlike in the U.K or here in Australia.Why Sweden send Procecutors to Poland to "Interview" two Murders yet refuse to go to the uK to interview Assange & after initially Clearing Assange - then after some Political interferance - do a U turn and perue him Quite Maliciously - Wake up - this is a set up -To bad he 's not there yet for Clinton's Visit - whats on offer??

I as an Aussie , am Ashamed our Goverment has taken little proactive action to Defend one of its Citzens - Tragically they are Lap Dogs to the U.S as Sweden appears.
09:20 July 4, 2012 by Coaxen
Why are comment threads of Assange-related news always so full of bigotry?

If Assange pisses of this kind of hate-spewing conservatives, then I guess he must have been doing something right.
10:20 July 4, 2012 by asteriks
Where are now Swedish flying human rights activists to use bears to fight against breaking ofn HR in Sweden?
20:32 July 4, 2012 by NebulaStardust
The argument against coming to Sweden for questioning. He has not been charged by Sweden for anything. This story by the two women is a bit bizarre as it continues to change and become more threatening over time. Is Sweden in cahoots with America in this matter. It seems rather odd that this case expands as does the American wish to 'get' Assange. At any rate, I'd be concerned myself if I were innocent and being asked to come to Sweden to answer more questions.

It's also incredible that Sweden will not provide assurances that Assange will not be extradited to the USA while in Sweden for questioning. Is this too hard to do or is it quite clear that Assange will be sent to the USA. Sweden has had questionable human rights issues with sending people to the USA before. This is not a good sign.

Another question becomes: "Is Assange safe in a USA where well known people are calling for his murder on television?" I would think not. Also, the USA has been implicated for using torture before and we cannot send anyone to a country guilty of using torture and trying to keep it secret. There is no guarantee they are not still hiding their use of torture.

America is very angry because WikiLeaks has shown that the USA is guilty of War Crimes. A hell of a lot of them and the USA has tried to keep these crimes covered up. The USA will never admit to these crimes but I think it's best that our world knows about them

It is not Assange that is to blame for their crimes and it is not Assange that is not brave. It is Americans who are too gutless to admit to their war crimes. It is America that ought to be in the World Court and it is the guilty Americans that ought to stand up and admit to their crimes and not Assange. Assange is the victim here. The world's best known whistle blower of all time.
20:55 July 4, 2012 by bcterry
Another question becomes: "Is Assange safe in a USA where well known people are calling for his murder on television?"

What "well known people" are you referring to?

If the U.S. wanted him dead, this would have been over a long time ago.

There are senators and members of congress that want him indited and brought to trial, but NONE of them are calling for his murder.

So once again, who are these well known people?

Give us names.
22:23 July 4, 2012 by expatjourno
Thank you for shining a spotlight on your ignorance. The Local rejected y reviousl comment because it had links to all of the following, but anyone who is not lazy can simple google the names plus the words Assange and Death.

Yes, bcterry, if you were not lazy as well as ignorant, a simple Google search would have turned up Fixed News blowhard Bill O'Reilly, Crazed Pundit Glenn Beck, Former Half-term Governor and Vice Presidential Candidate Sara Palin, Former Governor and Presidential Candidate Mike Huckabee, Right Wing Pundit and Watergate Burglar G. Gordon Liddy, Fixed News Blowhard Bob Beckel and Former Prime Minister Harper's Former Advisor Tom Flanagan.

And that is just for starters, as you would know, had you had the slightest interest in finding out the facts before you shot off your mouth.

So let the record show that bcterry knows nothing about this case.

Let the record show that bcterry has no interest in knowing the facts about the case.

Let the record show that bcterry's comments are based on willful ignorance and therefore deserve no respect.
00:15 July 5, 2012 by bcterry
Actually most of them are right on the money with this, here's a link that tells it like it is,

"Fox News Calls For Assassination Of Julian Assange"

Bottom line is that he is still alive, and no attempts have been made on his life.

Personally, i hope they indite him, bring him back to stand trial in America, and put his axx behind bars for a long long time.

The prosecutor has ruled out asking for the death penalty, and opting for life in prison instead.

Let the record show, that bcterry could give a rats axx about expatjourno's personal attack.

Fill your boots, it means nothing.
19:19 July 5, 2012 by Pelican3915
@expatjourno - Well said! Think @bcterry waffling like a Punch Drunk Boxer! LOL!

Maybe Sweden might be into further Rendition - whip him of to somewhere like Somalia. Reckon the US would be able to partner up with Sweden again............ what lousy compensation they gave recently to the 2 subjected to Rendition - turned over to the US who sent them to Egypt for a torturous time. Clearly Human Rights dont mean much in Sweden sadly.
00:25 July 6, 2012 by Uncle
Send him to Egypt! According to the left wing buddies with cowboy amongst them, this is the most wonderful and correct court in the world these times. A court that cannot be wrong by definition, since it just cannot be wrong.
17:45 July 6, 2012 by DonQuixot
There are 3 kinds of people: 1) Beneficiaries of the US 1 %. 2) Brainwashed by the US 1 % (controlling 96 % of world media). And 3) The rest of us, that is, anti US 1 %, its puppet government/s (Sweden included), its CIA, (good old friends of the Swedish governement), its Wall Street, and its almost everything. We are on the way to have all an implanted Rockefeller chip. If you still don't know what it is, find the interview of Aaron Russo and Rockefeller in YouTube. The only justice in the world is whatever the CIA decides. "Might makes right" was never so true as in 2012.
17:45 July 6, 2012 by Ranger
Assange doesn't want to go to Sweden for the simple reason (as many people well know) is because the swedish judicial system is corrupt. The swe judges are a pack of liars and criminals who commit fraud, falsify evidence and documents, take bribes and allow perjury to take place in their phony court. Not withstanding the fact that sweden has a serious problem with the principles of basic morality. If it comes down to it Assange would be better off in the USA where in theory the principes of honesty are alive and well and where the citizens and courts take pride in providing a fair trial. Sweden doesn't want any money to leave sweden. It's been said that any advertising good or bad is good advertising. Sweden and their phony judges would use Assange for years to milk the Public Relations cow just to get attention for themselves.
14:05 July 13, 2012 by ramazama
Pelican 3915 & Rolfkrohna totally agree. Quote from a law acedemic . " The empirically desinged legal system in Sweden is built on an administrave authoritative tradition FAR BELOW the level of scientifally based requirments for modern society " . And this system where the prosecuter acts both for the victim and accused ! duh ! seems like in sweden they have never heard of , " Innocent until proven guilty " sweden is western europes north korea !
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