Wikileaks' Assange loses UK Supreme Court extradition appeal
Summary: Wikileaks founder Julian Assange can be extradited from the U.K. to face charges in Sweden, the U.K. Supreme Court has ruled.
The U.K.'s Supreme Court ruled that Julian Assange can be extradited to Sweden to face prosecutors.
Assange, who founded the Wikileaks website, is accused of offences in Sweden dating back to 2010.
The Supreme Court sat with seven judges out of a possible twelve to show the importance of the case. Often, the higher the number of judges, the greater political, diplomatic and social ramifications of the case.
A majority was reached by five judges to two. The ruling was not unanimous.
Assange had claimed the European arrest warrant was "invalid and unenforceable," while his lawyers claimed the warrant --- issued by Swedish prosecutors --- did not have the necessary authority to do so.
Lord Phillips, president of the Supreme Court, read to the court: "What do the words judicial authority mean?" The case rests on exactly that point.
"The issue is whether an 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.
By a majority the court has concluded that the Swedish public prosecutor was a 'judicial authority' within the meaning of both the framework decision and the Extradition Act."
"The majority has concluded the Swedish prosecutor was a judicial authority. His appeal is accordingly dismissed."
The Guardian notes that had Assange won, Sweden could reissue the extradition warrant through a judge. Also, the Swedish arrest warrant would remain valid in every other E.U. member state bar Britain, effectively banning Assange from the remaining European Union.
The U.K. Supreme Court is the final court of appeal for all civil cases, and the final port of call for criminal cases from England, Wales and Northern Ireland.
However, Assange's lawyer, Dinah Rose QC, questioned the ruling and asked whether the case could be re-opened. The lawyers claimed that one of the points of the case was not even raised. Lord Phillips gave Rose --- amid muddling her name with another member of the court --- two weeks to apply for the case to be reassessed.
Assange has been on conditional bail in the U.K. for more than 530 days. Assange has been required to sign in to a local police station each and every morning of his bail or face custody.
Founder of the whistleblowing website Wikileaks, he was instrumental in publishing vast troves of data --- from private industry and government bodies. His arrest came shortly after the ‘Cablegate’ release. Assange and his legal team believe that the allegations could be “politically motivated”, relating to his work with whistleblowing site, Wikileaks.
Wikileaks had previously posted over 390,000 documents on the Iraq war, followed by 77,000 classified documents relating to the war in Afghanistan, known as the ‘Iraq War Logs’ and ‘Afghan War Logs’ respectively.
Despite the Supreme Court's ruling, Assange may have one route left: the European Court of Human Rights in Strasbourg, France. Assange was not in court to hear the ruling.
Should the final European court fail, Assange will be extradited "as soon as practicable", the U.K.'s Crown Prosecution Service said earlier this year.
Image credit: CBS News, '60 Minutes'.
Related:
- ZDNet Special Report:Whistleblowers or terrorists? The Wikileaks story
- Wikileaks suspends publication of secrets amid ‘financial blockade’
- ZDNet: Wikileaks’ Assange to appeal extradition to Sweden at Supreme Court
- Wikileaks’ Assange can fight extradition to Sweden, court rules
- Wikileaks Assange to be extradited from UK; Appeals expected to be lodged
- US subpoenas Wikileaks tweets, and why this could affect you
- Why Wikileaks cannot be a ‘terrorist organisation’
- CBS News: WikiLeaks suspends publishing to raise cash
- WikiLeaks’ fate cloudy as Assange awaits verdict
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Talkback
this highlights the problem with the EAW
Anyone in the EU that has a problem with this please raise it with your elected representatives as it applies to all EU states
What is the problem highlighted?
The EAW is an awful construct
It's not quite that open-ended.
This is no difference than extradiction laws in the US across state lines.
Suggest you read up on Michael Turner and Jason McGoldrick
Hungary failed the EAW, not the other way around
Now, McGoldrick should petitition the right authorities for redress of grievances.
But let's not confuse Assange's arrest warrant with that of McGoldrick. Sweden is ready to give Assange his day in court. In this case, it is Assange that is misusing UK bureacracy to remain in the UK and deny his victims justice.
Doesn't matter
The fact that it can have a person moved countries without any evidence having to be presented is appalling , I hope the UK start just ignoring it instead and go back to their older extradition treaties
If them's the rules...
0. Was the request made by the legally constituted authorities (the Swedish government, in this case)?
1. Is the alleged offense illegal in the country receiving the extradition request?
2. Would the documentary evidence submitted be sufficient to establish guilt, if unrefuted?
3. Is there a good reason to believe that the extradition request is malicious or politically motivated?
4. Is there a good reason to believe that the accused would not receive a fair trial in the country requesting the extradition?
5. Is there a good reason to believe that punishment inflicted (assuming the accused is convicted) would be excessive, given the offense?
In short, whether the warrant was issued by a prosecutor or a court shouldn't even be an issue, as long as Swedish law was followed; the signature of the Swedish Minister of Justice should be sufficient to satisfy criterion 0.
here is my problem with the EAW
Was the EAW issued by a judicial authority? If so then you're extradited no questions asked and there are some awful examples of miscarriages of justice
Can you cite such an example?
So many to pick from
Or how about Edmond Arapi? Convicted in absence of killing a man in Italy in 2004, yet immigration records show he hadn't left the UK at all from 2000-2006! Arrested in 2009 and a year long fight ensued until Italy dropped the EAW, had it not he would have been extradited and thrown into an Italian prison while hoping to get a retrial, again no judge would have ordered his extradition under previous extradition treaties
Bogus Swedish Charges
Many questions... Rixstep has been doing a good job covering these dirty tricks:
http://rixstep.com/2/20120515,00.shtml
illogical
Wrong - Sweden more likely to extradite
That link from the Assange groupie site does not say anything substantive
Sorry, it is hard to take any of the Assange groupie sites seriously.
That link actually strengthens my case
Its right that the UK/US extradition treaty doesn't have a temporary surrender clause but with the US only having to show reasonable suspicion whereas in Sweden it would have to be evidence suitable for a trial, hence it would be easier in the UK
Too bad...
Wouldn't have helped
Well