Detention Order for Assange Remains in Place

Do you remember Julian Assange, the co-founder of Wikileaks, who after a visit to Sweden during the summer of 2010 is suspected of one count of rape, two counts of sexual molestation and one count of unlawful coercion?

Julian Assange;Photography Anthony Devlin/PA

The Stockholm District Court at the time decided to detain Assange in absentia for the suspected crimes.

Assange, who denies the allegations, has refused to come to Sweden for the investigation into the crimes and has, after the Supreme Court of the United Kingdom decided that he should be extradited from the United Kingdom to Sweden, sought refuge at the embassy of the Republic of Ecuador in Britain since June 19, 2012.

Assange's Swedish lawyer had now asked the court to repeal the order of detention arguing that Swedish prosecutors have dragged out the case for an unreasonably long period by not interviewing him at the embassy and that it has entailed an undue infringement and adverse effect on Assange's liberty (citing his two year long voluntary "house arrest" at the embassy).

The Swedish prosecution had asked that the detention order should be upheld.

The Stockholm District Court today decided that the detention order should remain in place as the reasons for it offset the infringement and any adverse effects the measure entails for Julian Assange. The court also maintained that Assange's self sought and voluntary residency at the Ecuadorian Embassy cannot be regarded as a deprivation of liberty.

Assange's lawyer has informed that the district courts decision will be appealed.

Go Away, Julian

Photo by Stefan Wermuth/Reuters

The Supreme Court of the United Kingdom has unanimously dismissed the application on behalf of Julian Assange to re-open the case in the court.

You can read the judgment in full here; Application to re-open appeal.

The fact that the court handed down it´s judgement only two days after receiving it and calling it "without merit" in the language code of courts in effect means "Fuck you, now go away and stop wasting our valuable time with your bullshit!"

To give Assange time to appeal the previous ruling by the Court on May 30, 2012, 20 the European Court of Human Rights, the Court decided that the extradition should not commence until after July 28, 2012. The European Court has also announced that if an application should arrive, they can be expected to deal with it within a fortnight.

The Swedish police and other security forces have reportedly stepped up their vigilance in preparation of expected Internet-attacks on Swedish government institutions.

(For all my other posts on this please click Assange in the tags below.)

Assange Loses Extradition Appeal But...

Photograph: Geoff Caddick/AFP/Getty Images

guardian.co.uk today reports:

"Julian Assange has lost his appeal against extradition to Sweden at the supreme court.
By a majority of five to two, the justices decided that a public prosecutor was "judicial authority" and that therefore his arrest warrant had been lawfully issued.

But lawyers for the WikiLeaks founder submitted an urgent request to the supreme court asking for permission to challenge one of the points made in the judgment.

Assange, who is facing charges of sexual assault and rape, was not in court. There was no legal requirement for him to be present. According to his solicitor, Gareth Peirce, he was stuck in traffic

The court granted Assange's lawyers 14 days to present their arguments that crucial issues related to Article 31 of the Vienna convention, on which the majority of the justices based their decision, were not raised during the hearing.

Assange's lawyers can also, at the same time, begin the process of appealing against the judgment to the European court of human rights in Strasbourg."

---

So we have another delay, even if this last emergency application hinges on a crucial legal point in all democracies. No one should be judged on grounds that the involved parties haven´t been able to discuss in the case. If it is true, it would be a bit tragicomic that such a fundamental mistake is made in a high-profile case by the finest judges, but shit does happen...

LiIVE: UK Supreme Court, Part 2

Today the Supreme Court of the United Kingdom continues it´s hearing at 10.30-16.00 GMT (02.30-08.00 AM SLT) in the case of Julian Assange (Appellant) v. The Swedish Judicial Authority(Respondent) concerning his extradition to Sweden.

The issue that is to be heard is"whether a European Arrest Warrant (“EAW”) issued by a public prosecutor is a valid Part 1 EAW issued by a “judicial authority” for the purpose and within the meaning of sections 2 and 66 of the Extradition Act 2003."

You can follow the proceedings here. (Url)

For additional information see my previous post LIVE: UK Supreme Court Hears Assange

LIVE: UK Supreme Court hears Assange

On February 1 and 2, 2012, at 10.30-16.00 GMT (02.30-08.00 AM SLT) you can see the live broadcast from the Supreme Court of the United Kingdom hearing in the case of Julian Assange (Appellant) v. The Swedish Judicial Authority (Respondent) concerning his extradition to Sweden.

The issue that is to be heard is "whether a European Arrest Warrant (“EAW”) issued by a public prosecutor is a valid Part 1 EAW issued by a “judicial authority” for the purpose and within the meaning of sections 2 and 66 of the Extradition Act 2003."

You can follow the proceedings here. (Url)

Background (from the Supreme Court of the United Kingdom

"The appellant, Julian Assange, is the founder of Wikileaks. Assange is the subject of a European Arrest Warrant (EAW) issued by the Swedish Prosecution Authority, which sets out allegations of four offences of unlawful coercion and sexual misconduct, including rape. Assange surrendered himself for arrest in the UK and, following a hearing, his extradition to Sweden was ordered. Assange appealed to the Divisional Court against his extradition on four grounds. He lost on all four grounds and the order requiring his extradition was upheld.

The High Court refused Assange permission to appeal to the Supreme Court but certified one issue raised by his case as being of ‘general public importance’. The Supreme Court subsequently granted permission to appeal on this issue.

... 

In certifying this issue, the High Court made clear its view that Assange’s chances of success in the Supreme Court are ‘extraordinarily slim’. Should this appeal fail, his only further remedy is to apply to the European Court of Human Rights, which will reply within 14 days stating whether it accepts the case. If the ECtHR agrees to hear the case, Assange will remain in the UK on his current bail conditions while the matter is decided. If the ECtHR declines to hear the case, he will be extradited to Sweden to face trial."

Assange to be heard by UK Supreme Court

Photograph: Lefteris Pitarakis/AP

guardian.co.uk informed us on Friday that the Supreme Court of the United Kingdom has granted Julian Assange, founder of WikiLeaks, permission to appeal against extradition to Sweden, where he faces sex crimes allegations.

The issue that the Supreme Court will decide on is "whether a prosecutor is a judicial authority".

Wouldn't it be amusing if the Swedish prosecutor Marianne Ny, after having the opportunity to question Julian Assange (when he has finally been sent over) decides that she doesn't have enough to substantiate a prosecution on the charges made.

The hearing has been scheduled for two days beginning on February 1st, 2012,

Assange Loses Appeal

guardian.co.uk today informs us that the WikiLeaks founder, Julian Assange, has lost his high court appeal against extradition to Sweden to face rape allegations.

Lord Justice Thomas and Mr Justice Ouseley on Wednesday handed down their judgment in the 40-year-old Australian's appeal against a European arrest warrant issued by Swedish prosecutors after rape and sexual assault accusations made by two Swedish women following his visit to Stockholm in August 2010.

The judges rejected the appeal on all four grounds made by his legal team, opening up the possibility that Assange could be removed to Sweden by the end of the month.

Lord Justice Thomas said a date would be fixed in three weeks' time to hear any case by Assange that he should be allowed to take the case to the Supreme Court of the United Kingdom.

To appeal again, Assange must persuade the judges there is a wider issue of "public importance" at stake in the latest decision. If he is successful in persuading the high court of that, he is likely to remain on conditional bail until a hearing in front of the supreme court. This is unlikely to take place until next year.

If he is denied the right to appeal then British law enforcement officers will be responsible for arranging his removal to Sweden within 10 days.

You can read Robert Booth´s full article here guardian.co.uk: Julian Assange loses appeal against extradition.


P.S. The picture pf Mr.. Assange was updated after the correct information supplied by my buddy Apmel in the comments.