Tuesday, 31 January 2012

Swedish Judicial Authority v Julian Assange From Wikipedia, the free encyclopedia

Swedish Judicial Authority v Julian Assange

From Wikipedia, the free encyclopedia

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Assange v The Swedish Judicial Authority
Court Supreme Court of the United Kingdom
Judges sitting Lord Phillips of Worth Matravers, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood, Lord Mance, Lord Kerr of Tonaghmore, Lord Dyson
Case history
Prior action(s) Assange v The Swedish Judicial Authority [2011] EWHC 2849 (Admin) (2 November 2011)
Appealed from Administrative Court (Sir John Thomas P, Ouseley J)
Appealed to Supreme Court

Swedish Judicial Authority v Julian Assange is the set of legal proceedings relating to claims that Julian Assange committed sexual offences in Sweden.

When an arrest warrant was issued in November 2010, Assange had been living in England for 1-2 months. An extradition hearing took place in an English court in February 2011 to consider an application by Swedish authorities for the extradition of Assange to Sweden. The outcome of the hearing was announced on 24 February 2011, when the extradition warrant was upheld. Assange appealed to the High Court, and on 2 November 2011, the court upheld the extradition decision and rejected all four grounds for the appeal as presented by Assange's legal representatives. £19,000 costs was also awarded against Assange. On 5 December 2011, Assange was refused permission by the High Court to appeal to the Supreme Court. The High Court certified that his case raised a point of law of general public importance. The Supreme Court subsequently granted permission to appeal.[1] Assange denies the allegations, and remains on conditional bail in the United Kingdom.[2][3][4]

Contents

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[edit]Swedish investigation

[edit]Complaints and investigation

On 20 August 2010, two women came to Swedish police inquiring whether it was possible to require that Julian Assange be submitted to an HIV-test. Within the filed report, the police officers found signs of sexual misconduct. In response, the police opened an investigation.[5] The women involved were a 26-year-old inEnköping and a 31-year-old in Stockholm.[6]

In answer to questions surrounding the incidents, the following day, Chief Prosecutor Eva Finné declared, "I don't think there is reason to suspect that he has committed rape." However, Karin Rosander, from the Swedish Prosecution Authority, said Assange remained suspected of molestation. Police gave no further comment at that time, but continued to investigate.[7]

After learning of the investigation, Assange said, "The charges are without basis and their issue at this moment is deeply disturbing."[8]

On 30 August, he was questioned by the Stockholm police.[2][9] He denied the allegations, saying he had consensual sexual encounters with the two women.[8][10][11]

Claes Borgström, the attorney who represents the two women, appealed against the decision to drop part of the investigation.[6][12] On 1 September 2010, the Swedish Director of Public Prosecution Marianne Ny decided to resume the preliminary investigation concerning all of the original allegations. [13]

[edit]Arrest warrant

On 18 August 2010, Assange applied for a work and residence permit in Sweden.[14][15] He left Sweden on 27 September 2010.[16] On 18 October 2010, his request was denied.[15][14][17]

On 18 November 2010, prosecutor Marianne Ny asked the local district court for a warrant for the arrest of Assange in order for him to be interviewed by the prosecutor.[18] As he was now living in England, the court ordered him detained (häktad) in absentia.[19][20] On appeal, the Svea Court of Appeal upheld the warrant on suspicion of rape, olaga tvång(duress/unlawful coercion), and two cases of sexuellt ofredande,[21][22][23][24] which has been variously translated as "sexual molestation",[25] "sexual assault",[26] "sexual misconduct", "sexual annoyance", "sexual unfreedom", "sexual misdemeanour", and "sexual harassment".[27][28][17][22][23] The Supreme Court of Sweden decided not to consider a further appeal as no principle was at stake.[citation needed][29] On 6 December 2010, Scotland Yard notified Assange that a valid European arrest warrant had been received.[30]

Assange has not yet been formally charged with any offence;[31] the prosecutor said that, in accordance with the Swedish legal system, formal charges will be laid only after extradition and a second round of questioning.

[edit]Extradition process

[edit]First instance proceedings

[edit]Detention and bail

Assange presented himself to the Metropolitan Police the next morning and was remanded to London's Wandsworth Prison. [32] On 16 December, he was granted bail[33] with bail conditions of residence at Ellingham Hall, Norfolk and wearing of an electronic tag. Bail was set at £240,000 surety with a deposit of £200,000 ($312,700).[34]

On release on bail, Assange said "I hope to continue my work and continue to protest my innocence in this matter,"[35] and told the BBC, "This has been a very successful smear campaign and a very wrong one."[36] He claimed that the extradition proceedings to Sweden were "actually an attempt to get me into a jurisdiction which will then make it easier to extradite me to the US." Swedish prosecutors have denied the case has anything to do with WikiLeaks.[34]

[edit]Extradition hearing

The extradition hearing took place on 7–8 and 11 February 2011 before the City of Westminster Magistrates' Court sitting at Belmarsh Magistrates' Court in London.[37][38] Assange's lawyers at the extradition hearing were Geoffrey Robertson QC and Mark Stephens (solicitor), human rights specialists, and the prosecution was represented by a team led by Clare Montgomery QC.[39] Arguments were presented as to whether the Swedish prosecutor had the authority to issue a European Arrest Warrant, the extradition was requested for prosecution or interrogation, the alleged crimes qualified as extradition crimes, there was an abuse of process, his human rights would be respected, and he would receive a fair trial if extradited to Sweden.

[edit]Extradition decision

The outcome of the hearing was announced on 24 February 2011, when the extradition warrant was upheld.[29][40][41] Senior District Judge Howard Riddle found against Assange on each of the main arguments against his extradition.[42] The judge said "as a matter of fact, and looking at all the circumstances in the round, this person (Mr Assange) passes the threshold of being an accused person and is wanted for prosecution."[42] Judge Riddle concluded: "I am satisfied that the specified offences are extradition offences."[42]

Assange commented after the decision to extradite him, saying "It comes as no surprise but is nevertheless wrong. It comes as the result of a European arrest warrant system run amok."[43]

[edit]Appeal to the High Court

On 2 March 2011, Assange's lawyers lodged an appeal with the High Court challenging the decision to extradite him to Sweden.[44] Assange remains on conditional bail.[44][45] The appeal hearing took place on 12 and 13 July 2011 at the High Court in London. The judges' decision was reserved, and a written judgment was delivered on 2 November 2011, dismissing the appeal.[46][47][48][49]

[edit]Appeal to the Supreme Court

The High Court refused permission to appeal to the Supreme Court, but this was granted by the Supreme Court itself, after the High Court certified that a point of law of general public importance was involved in its decision. The point of law certified was whether a prosecutor is a judicial authority. The Supreme Court will hear arguments on 1 and 2 February 2012.[50]

[edit]See also

[edit]References

  1. ^ "Julian Assange wins right to pursue extradition fight". The BBC. 5 December 2011. Retrieved 13 December 2011.
  2. ^ a b "WikiLeaks founder Julian Assange questioned by police". The Guardian. 31 August 2010.
  3. ^ "Tell-All on WikiLeaks' Assange Coming out in March". ABC News. 18 February 2011. Retrieved 19 February 2011.
  4. ^ "Wikileaks' Assange appeals over Sweden arrest warrant". BBC News. 1 December 2010. Retrieved 19 February 2011.
  5. ^ "Sex accusers boasted about their 'conquest' of WikiLeaks founder Julian Assange". The Times of India. 9 December 2009. Retrieved 10 December 2010.
  6. ^ a b Cody, Edward (9 September 2010). "WikiLeaks stalled by Swedish inquiry into allegations of rape by founder Assange". The Washington Post. Retrieved 9 September 2010.
  7. ^ "Swedish rape warrant for Wikileaks' Assange cancelle". BBC. 21 August 2010.
  8. ^ a b Davies, Caroline (22 August 2010). "WikiLeaks founder Julian Assange denies rape allegations". The Guardian. Retrieved 19 February 2011.
  9. ^ "WikiLeaks founder Julian Assange questioned by police". The Guardian. 31 August 2010. Retrieved 19 February 2011.
  10. ^ Leigh, David; Harding, Luke; Hirsch, Afua; MacAskill, Ewen (30 November 2010)."WikiLeaks: Interpol issues wanted notice for Julian Assange". The Guardian. Retrieved 1 December 2010.
  11. ^ "Assange charges: Consensual sex or rape?". msnbc.com. 8 December 2010. Retrieved 19 February 2011.
  12. ^ "Julian Assange rape accusations: timeline". Telegraph. 24 Feb 2011. Retrieved 2011-03-10.
  13. ^ "Chronology - Aklagarmyndigheten". Aklagare.se. 2010-12-07. Retrieved 2011-03-29.
  14. ^ a b "Timeline: sexual allegations against Assange in Sweden". BBC News. 2010-12-16. Retrieved 2011-03-29.
  15. ^ a b "Assange denied Swedish residence permit". The Local - Sweden. 18 October. Retrieved 5 March 2011.
  16. ^ Esther Addley (8 February 2011). "Julian Assange's accusers sent texts discussing revenge, court hears". Guardian. Retrieved 2011-03-12.
  17. ^ a b "Rundle: timeline of Assange’s visit to Sweden and events that followed". Crikey. Retrieved 2011-03-29.
  18. ^ "Prosecutor wants arrest of Julian Assange for rape". The Swedish Wire. 18 November 2010. Retrieved 4 January 2010.
  19. ^ "Assanges häktning avgörs i dag" (in Swedish). Expressen. Tidningarnas Telegrambyrå. 22 November 2010. Retrieved 19 February 2011.
  20. ^ "Arrest warrant issued for WikiLeaks founder". The Local. 18 November 2010. Retrieved 20 February 2011.
  21. ^ "Hovrätten fastställer häktningsbeslut". www.aklagare.se. 2010-11-24. Retrieved 2011-03-29.
  22. ^ a b Vinthagen Simpson, Peter (24 November 2010). "Swedish court rejects Assange appeal". The Local. Retrieved 20 February 2011.
  23. ^ a b "Chronology: Events concerning Julian Assange in chronological order". Åklagarmyndigheten. Retrieved 14 February 2011.
  24. ^ Hosenball, Mark (7 December 2010). "Special Report: STD fears sparked case against WikiLeaks boss". Reuters. Retrieved 2011-03-29.
  25. ^ In the Certified European Arrest Warrant of 6 December 2010
  26. ^ In the Extradition Ruling of 24 February 2011
  27. ^ "Did he or didn't he? The murky politics of sex and consent". Theage.com.au. 2010-12-12. Retrieved 2011-05-14.
  28. ^ Mackey, Robert (2010-08-23). "Swedish Prosecutor Hopes to Conclude Investigation of WikiLeaks Founder Soon - NYTimes.com". Thelede.blogs.nytimes.com. Retrieved 2011-05-14.
  29. ^ a b Dodd, Vikram (8 December 2010). "Julian Assange extradition attempt an uphill struggle, says specialist". The Guardian. Retrieved 19 February 2011.
  30. ^ Verkaik, Robert (7 December 2010). "Arrest warrant on Assange to be served today". The Independent. Retrieved 19 February 2011.
  31. ^ Nick Davies (17 December 2010). "10 days in Sweden: the full allegations against Julian Assange". Guardian. Retrieved 2011-03-11.
  32. ^ Addley, Esther (17 December 2010). "Q&A: Julian Assange allegations". The Guardian. Retrieved 19 February 2011.
  33. ^ Swedish Judicial Authority v Julian Assange, [2010] EWHC 3473 (Admin), 2010 WL5093971
  34. ^ a b "Extradition part of 'smear campaign': Assange". The Local. 17 December 2010. Retrieved 20 February 2011.
  35. ^ Coles, Isabel; Ormsby, Avril (16 December 2010). "WikiLeaks' Assange walks free on bail in London". Thomson Reuters. Retrieved 16 December 2010.
  36. ^ Ormsby, Avril (17 December 2010). "WikiLeaks' Julian Assange says he is victim of smear campaign". The Vancouver Sun. Retrieved 20 February 2011.
  37. ^ "Besieged Assange hires PR team". The Sydney Morning Herald. 8 January 2011. Retrieved 8 January 2011.
  38. ^ Addley, Esther (11 January 2011). "WikiLeaks: Julian Assange 'faces execution or Guantánamo detention'". The Guardian. Retrieved 13 January 2011.
  39. ^ "Lawyer: WikiLeaks Founder Cannot Get Fair Trial in Sweden". Voice of America. 11 February 2011. Retrieved 11 February 2011.
  40. ^ Jeffery, Simon (8 February 2011). "Julian Assange extradition hearing – final day live updates". The Guardian. Retrieved 11 February 2011.
  41. ^ "Wikileaks founder Julian Assange refused bail". BBC News. 8 December 2010. Retrieved 8 December 2010.
  42. ^ a b c Coleman, Clive (24 February 2011). "Wikileaks' Julian Assange handed 'resounding defeat'". BBC News. Retrieved 25 February 2011.
  43. ^ Addley, Esther; Topping, Alexandra (24 February 2011). "Julian Assange attacks 'rubber-stamp' warrant as he loses extradition battle". The Guardian. Retrieved 25 February 2011.
  44. ^ a b Meikle, James (3 March 2011). "Julian Assange lodges extradition appeal". The Guardian. Retrieved 5 March 2011.
  45. ^ Gordon, PA, Cathy (3 March). "WikiLeaks' Assange appeals against UK extradition". Reuters. Retrieved 5 March 2011.
  46. ^ Assange v. Swedish Prosecution Authority [2011] EWHC 2849 (Admin)
  47. ^ "Assange case set for July". The Independent. 7 April 2011. Retrieved 9 April 2011.[dead link]
  48. ^ "Wikileaks' Julian Assange extradition decision deferred". BBC News. 13 July 2011.
  49. ^ Booth, Robert; Addley, Esther (28 October 2011). "Julian Assange extradition judgment due on Wednesday". The Guardian.
  50. ^ "News Release: Application for Permission to Appeal: Julian Assange v Swedish Judicial Authority". Supreme Court of the United Kingdom. 16 December 2011.

[edit]External links

sv:Julian Assange#Misstankar om sexualbrott

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