Judgment due next week in Assange extradition case

October 27, 2011
Wikileaks' Julian Assange
© Jillian Edelstein For Forbes

Associated Press (AP) on October 27, 2011 released the following:

“By DAVID STRINGER

LONDON (AP) — WikiLeaks founder Julian Assange will learn next week of the verdict in his fight against his extradition to Sweden to answer allegations of sexual misconduct, the organization said Thursday.

WikiLeaks staffer Joseph Farrell said that Britain’s High Court had informed Assange it will deliver judgment on his appeal on Nov. 2,

“The court told us. We have no further details,” Farrell said in a text message.

In February, a judge ruled that Assange should be extradited to Sweden to face allegations of rape and sexual molestation against two women. Lawyers for Assange filed an appeal at the High Court, and insist the activist would not receive a fair trial.

Britain’s Royal Courts of Justice could not immediately be reached to confirm details of next week’s hearing.

Allegations against Assange date back to a visit to Sweden in August 2010, shortly after the activist’s organization had released secret U.S. files on the war in Afghanistan. Assange became involved with two women — one of whom later accused him of coercion and molestation, another of whom alleged that he had had sex with her as she slept.

Swedish prosecutors have not charged Assange with any crime, but have demanded that he returns to Scandinavia to face questions about the case.

Assange, who was briefly detained in prison custody, has been living under curfew at a supporter’s rural mansion in eastern England while he has contested the demand for his extradition.

The activist has been made the subject of an overnight curfew, must wear an electronic tag and report to police daily.

Assange has claimed the Swedish case is being politically manipulated following his organization’s disclosure of classified U.S. documents.

At an appeal hearing in July, Assange’s lawyer Ben Emmerson said that the women involved in the case may have found sex with his client “disrespectful, discourteous or disturbing,” but added that it had been entirely consensual.

Emmerson told that hearing that Assange’s actions wouldn’t be illegal in the context of English law. “The conduct that is complained of would not constitute a crime in this jurisdiction,” he said.

Assange had previously vowed to take his case to Britain’s Supreme Court or the European Court of Human Rights if his appeal is rejected by the High Court.”

————————————————————–

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

————————————————————–

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.


Debate Over the Reality of Assange’s Extradition to U.S.

February 8, 2011

WikiLeaks founder Julian Assange can’t be turned over to U.S. authorities if he is extradited to Sweden to face questioning over sexual-assault allegations, a former Swedish prosecutor told a U.K. judge.

Sven-Erik Alhem, a former prosecutor who now teaches law, testified it was “quite right” that, once in Swedish custody, the 39-year-old Australian couldn’t then be sent to the U.S., Alhem testified on the second day of Assange’s extradition hearing in London.

It is “my understanding” that Swedish law prevents people brought into the country on such warrants from being sent to another country, he said today when cross-examined by the U.K. prosecutor arguing on behalf of Sweden, Clare Montgomery.

However, according to Article VI of the Supplemental Treaty between the U.S. and Sweden, Swedish authorities have the power to defer extradition to the U.S. until proceedings against Assange in Sweden conclude, or they may temporarily surrender Assange to the U.S. for the purpose of prosecution.

The original treaty between the U.S. and Sweden can be found here.

The key language regarding temporary extradition to the U.S. can be found in Article VI of the Supplemental Treaty between the U.S. and Sweden, found here.

It seems Alhem may have been relying on the language of the original treaty, effectuated in 1963. Yet the Supplemental Treaty, effectuated in 1984, is controlling in this case.

The extradition of Assange to the U.S. is a reality. If the U.S. government formally charges Assange with a federal crime, extradition proceedings would begin between U.S. and Swedish authorities.

Douglas McNabb and other members of the firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Litigation, International Extradition and OFAC SDN Litigation.

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.

Bookmark and Share