“‘Not a crime to make known crime of a state’: Senior Swedish judge backs Assange”

April 4, 2013

RT on April 3, 2013 released the following:

“A top Swedish judge has defended the release of classified information by WikiLeaks, pointing out the case against Assange has turned into a legal “mess.”

“It should never be a crime to make known crime of a state,” Stefan Lindskog told the audience at a public lecture he gave at Adelaide University, according to Australian Associated Press.

The judge, who is one of the 16 justices working for the Supreme Court of Sweden, revealed an extraordinary amount of detail on Assange’s sexual assault case, despite not sitting on it.

The official also indicated that the courts may rule against sending the WikiLeaks founder to the US due to some conditions of the existing extradition treaty between the two countries.

“Extradition shall not be granted when alleged crimes [are] military or political in nature,” Lindskog stressed.

Moreover, according to the judge, it was debatable whether Assange would have committed a crime under Swedish law.

“What is classified under US law is probably not classified under Swedish law, and enemies to the US may not be enemies to Sweden,” AAP quoted the official as saying.

Lindskog added that extensive media coverage of the case has entailed the public distrust in the legal system.

“I think it is a mess,” he said.

Finally, the judge supported the American soldier Bradley Manning, who provided some of the classified information to WikiLeaks. Lindskog said he hoped Manning would go through a fair trial, saying that the release of classified information was for the benefit of mankind.

Prior to the speech, Assange condemned Lindskog’s decision to speak in Australia, calling it “absolutely outrageous.”

The 41-year-old whistleblower, an Australian citizen, has spent nine months in London’s Ecuadorian embassy, after claiming asylum to avoid extradition to Sweden, where he is wanted for questioning on sexual assault allegations.

Assange fears that once in Sweden, he could be extradited to America where, according to his lawyers, he is most likely to face trial and possibly even the death penalty for the release of thousands of classified US diplomatic cables, some of them about the wars in Iraq and Afghanistan.”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

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We previously discussed the extradition treaty between the United States and Sweden here.

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To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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Christopher Tappin Extradition: US Judge Rules Businessman To Remain In Jail

March 5, 2012

The Huffington Post UK on March 5, 2012 released the following:

“A US judge’s decision to remand a retired British businessman in custody while he awaits trial on arms dealing charges was “heartbreaking”, his wife said tonight.

Elaine Tappin said it was an “outrage” that her 65-year-old husband Christopher has been refused bail after he was extradited to the United States two weeks ago.

Judge Robert Castaneda ruled Tappin must remain in custody after US prosecutors told the federal court in El Paso, Texas, he may be a “danger to the community” if released.

Mrs Tappin, 62, of Orpington, Kent, said: “This is an outrage. God only knows how he’ll bear up. It’s heartbreaking.”

Tappin has spent 23 hours a day locked in his cell at the Otero County detention centre in New Mexico since he was extradited to America.

His wife went on: “I am shocked and deeply disappointed.

“He’s a man of his word and is certainly not at risk of fleeing – where would he go?

“He doesn’t have his passport or access to money.

“Why has the British Government allowed him to be incarcerated in solitary confinement for 23 hours a day before he’s even been tried?

“Tony Blair helped the NatWest Three, why can’t David Cameron help Chris?”

Mrs Tappin added: “He’s not a danger to anyone – he’s a 65-year-old granddad.

“How is he supposed to prepare a proper defence when he’s only been allowed to communicate with his lawyers from behind a plastic screen?”

Tappin lost his two-year battle against extradition to America two weeks ago and denies attempting to sell batteries for surface-to-air missiles which were to be shipped from the US to Tehran via the Netherlands.

The president of the Kent Golf Union, who faces up to 35 years in jail if convicted, was escorted into the courtroom on Friday wearing an orange-red prison jumpsuit, with his feet and one hand shackled.

US marshals allowed the other hand to remain free so he could use a cane he needs to walk.

Assistant US attorney Greg McDonald asked the judge to keep Tappin in jail for the remainder of the proceedings.

“The risk is not that he’ll punch somebody in the face, but through the use of a computer and the knowledge he has, he might pose a danger to the community,” Mr McDonald said.

Tappin has no ties to the US and failed to disclose to court officials his frequent travels to Egypt, the United Arab Emirates and South Africa, he added.

But Kent Schaffer, representing Tappin, said if released, his client would have complied with any restrictions imposed by the court and his family was ready to post bail of 50,000 dollars (£31,600).

His case fuelled the row over the fairness of the extradition treaty between the UK and the US.

Attorney General Dominic Grieve QC said Tappin’s extradition highlighted problems with the treaty which were not “readily curable”, warning that many Britons were left uneasy when faced with the seemingly harsh and disproportionate sentences in the American justice system.

Other critics of the 2003 treaty, including Deputy Prime Minister Nick Clegg, have described it as “one-sided”, but an independent review by retired Court of Appeal judge Sir Scott Baker last year found it was both balanced and fair.

Tappin’s extradition follows an investigation which started in 2005 when US agents asked technology providers about buyers who might have raised red flags.

Those customers were then approached by undercover companies set up by government agencies.

Briton Robert Gibson, an associate of Tappin who agreed to co-operate, was jailed for 24 months after pleading guilty to conspiracy to export defence articles.

Gibson provided ICE agents with about 16,000 computer files and emails indicating that he and Tappin had long-standing commercial ties with Iranian customers.

American Robert Caldwell was also found guilty of aiding and abetting the illegal transport of defence articles and served 20 months in prison.”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

We previously discussed the extradition treaty between the United States (US) and the United Kingdom (UK) here.

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.