WikiLeaks' Julian Assange Asks Supreme Court To Block 'Invalid' Extradition

Julian Assange

PA/Huffington Post UK   First Posted: 1/02/2012 14:34 Updated: 1/02/2012 15:10

WikiLeaks founder Julian Assange has asked the Supreme Court to block his extradition to Sweden on the grounds that the European arrest warrant issued against him is "invalid and unenforceable".

A QC for the 40-year-old Australian said the Swedish public prosecutor who signed the warrant could not issue a valid document because she lacked "impartiality and independence".

Assange, who is on bail living with friends, was at the UK's highest court in person for his latest attempt to block his removal to face questioning on sex crime allegations.

He is appealing against a High Court ruling that it would not be unfair or unlawful to extradite him.

The Swedish authorities want him to answer accusations of "raping" one woman and "sexually molesting and coercing" another in Stockholm in August 2010 while on a visit to give a lecture.

Earlier, dozens of supporters gathered outside the court as the Australian began his challenge before seven judges. He is attempting to overturn a High Court ruling that it would not be unfair or unlawful to remove him.

Assange, whose WikiLeaks website published a mass of leaked diplomatic cables that embarrassed several governments and international businesses, says the sex was consensual and the allegations against him were politically motivated.

Dinah Rose QC, for Assange, told the judges that today's appeal raised the single issue of law as to whether the Swedish public prosecutor constituted a "judicial authority" capable of issuing a valid warrant under the provisions of the 2003 Extradition Act.

It was common ground that if she did not, "there is no legal basis for the extradition of Mr Assange to Sweden".

Ms Rose suggested it was "obvious" that a public prosecutor whose function it was to investigate and prosecute an individual "cannot exercise judicial authority in relation to that individual".

As "a matter of fundamental legal principle dating back hundreds of years" a judicial authority had to be impartial and independent both of the executive and the parties in a case.

"Since the Swedish prosecutor cannot fulfil those conditions, she is not a judicial authority and not capable of issuing a warrant for the purposes of the 2003 Extradition Act," she said.

She was breaching the principle that "no-one may be a judge in their own cause", Ms Rose added.

Assange is due to host a TV programme, broadcast on Russian RT station which on the Wikileaks website says will feature "in-depth conversations with key political players, thinkers and revolutionaries" from around the world.

The Wikileaks founder has also agreed to take part in a vocal cameo in The Simpsons 500th episode, which will see Marge and Homer bump into Assange after being exiled from Springfield.

Assange is fighting a ruling made in the High Court by District Judge Howard Riddle at Belmarsh Magistrates' Court, south London, that the computer expert should be extradited to face investigation.

The whistleblower website, which claimed a database of 1.2 million documents within a year of its 2006 launch, regularly hit the headlines in 2010 with a series of leaks.

The US Embassy Cables, Afghanistan war logs and Iraq war logs, which were drip-fed to the media in 2010, helped raise his profile.

If the Supreme Court rejects his appeal it will mark the end of his lengthy legal battle in the UK, but it will still be open to him to ask the European Court of Human Rights in Strasbourg to intervene on his behalf.

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WikiLeaks founder Julian Assange has asked the Supreme Court to block his extradition to Sweden on the grounds that the European arrest warrant issued against him is "invalid and unenforceable". A ...
WikiLeaks founder Julian Assange has asked the Supreme Court to block his extradition to Sweden on the grounds that the European arrest warrant issued against him is "invalid and unenforceable". A ...
 
 
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11:11 PM on 02/01/2012
Unlike the USA, Sweden has to demonstrate a prima facie case to gain an extradition warrant. They don't have to prove his guilt, they just have to demonstrate that Assange has a case to answer.

his grounds for appealing to the Supreme Court look to me to be spurious - he is claiming that the Swedish prosecutor should not be the person requesting his extradition because in some way they would be acting "judicially". No doubt if a Swedish judge requested his extradition he would be claiming that the judge had already made up his or her mind and was therefore prejudiced against him.

The bottom line is that someone in the Swedish system is needed to make such a request, and it should not matter particularly who, provided they make out prima facie case for Assange to answer.

Now as for the claim that these women are maming the allegations against him for political reasons - that's a bit unlikely. False allegations of rape ( as opposed to unproven allegations of rape) are thought to be pretty rare, and I've never heard of a politically motivated one. Especially since these women seem somehow to have been publicly named - by supporters of Assange.
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01:44 AM on 02/02/2012
This 'rape' allegation is very much like that against Strauss-Kahn with odds just as high... the one being the endangerment of the US dollar to the Euro... this one the endangerment of US hedgemony being 'spilled' to rest of the world...!
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George McAulay
Delighted to meet you
05:11 AM on 02/02/2012
The 'rape' being a broken condom and the rest of the accusations also benign.

Two hard core men haters doing nothing except landing him on Swedish soil where Sweden has an extradition agreement with the USA (who have had a secret grand jury for the last year against Assange)
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RationalAnimal
From Obama-supporter to anarcho-capitalist.
10:18 PM on 02/01/2012
Julian Assange is a hero for his work and I support his cause.

Oh yeah, like Assange said himself - Sweden is the Saudi Arabia of f3minism.

http://www.youtube.com/watch?v=bw8XpOoh9ak
04:12 PM on 02/01/2012
Very sticky but I believe Sweden is doing the bidding for the Americans who want to make an example of him in America's quest of world power.
04:45 PM on 02/01/2012
Or maybe he did it and he's just trying not to get convicted?

That is just as valid an answer as 'it's a conspiracy'.
The issue is is it right to send him to Sweden though, not if he did it. That is for them to prove when he gets there. If it's all fake then that can be proven by his defence team. I would have thought doing that would be better publicity for him.
12:04 AM on 02/02/2012
Since when has Sweden been "doing America's bidding"? And why wouldn't it just be simpler to place an extradition request in to Britain, alleging any old nonsense like he hasn't paid a fine or something, because the UK would simply extradite him to the USA, no questions asked.

Why go to all the trouble of getting a couple of Swedish women to allege he raped them, get him extradited to Sweden, then put in a request to Sweden and have to go through all the stuff about it being political again?

It's nonsense - a silly exercise in time wasting. If the Swedes have a prima facie case for him to answer he should have gone to Sweden voluntarily.
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George McAulay
Delighted to meet you
05:12 AM on 02/02/2012
He hasn't committed a crime in the USA