Swedish Judicial Authority v. Julian Assange

Swedish Judicial Authority v. Julian Assange is an English court proceeding relating to claims that Julian Assange (WP) committed sexual offences in Sweden. A hearing took place in an English court in 2011 to consider an application by Swedish authorities for the extradition of Assange to Sweden under the European Arrest Warrant procedure.

In September 2011 Swedish authorities applied to extradite Assange from the United Kingdom (WP) to Sweden under the European Arrest Warrant procedure. The prosecuting authority has said they have not yet been able to charge him formally because of the constraints of the Swedish legal system, but that they plan to do so after questioning. Assange was arrested in England on 6 December 2010 and was released on conditional bail (WP) , pending the outcome of an extradition (WP) hearing. The hearing took place on 7–8 and 11 February 2011, where Assange and his legal team asserted that the allegations were not for extraditable offences, that there had been an abuse of process, and that Assange would not receive a fair trial in Sweden. On 24 February 2011, the validity of the European Arrest Warrant was upheld, with the result that Assange was to be extradited to Sweden within 10 days. Assange has appealed the decision. and has said that the allegations are "without basis".

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Background

On 11 August 2010, Assange arrived in Stockholm to speak at a seminar. A 31 year old woman, referred to as Miss A by Swedish officials, was responsible for organising the seminar. Miss A and Assange had agreed that he would stay at her apartment, although the two had never previously met. She planned to be out of town until 15 August, the day of the seminar. Instead she arrived home on 14 August, Assange and Miss A went out for dinner, returned to her apartment and had sex. Miss A would later tell police that this sex involved "unlawful coercion", and that Assange deliberately broke the condom being used. She said that Assange used his body weight to hold her down,

On 15 August, Assange delivered his seminar speech and met another woman referred to by Swedish authorities as Miss W, aged 26.

On 16 August, Miss W called Assange and they met in Stockholm. They went by train to her hometown. They went to her apartment where they had sex. According to Miss W's testimony to police, Assange wore a condom, but the next morning had unprotected sex with her while she was asleep.

It has been alleged that, on 18 August, Assange "deliberately molested [Miss A] in a way designed to violate her sexual integrity".

On 18 or 19 August, Miss W contacted Miss A who she had met at the seminar and told her that she had unprotected sex with Assange. Miss A told Miss W that she also had sex with Assange. Miss A called an acquaintance of Assange and told the person to tell Assange to move out of the apartment.

On 20 August 2010, Assange left the apartment. That day, the two women went to the Stockholm police. Miss A said she went to support Miss W in making a complaint against Assange, but also gave an account of what happened between herself and Assange.

Investigation

On 20 August 2010, Wikipedia:Swedish police opened an investigation against Assange in connection with sexual encounters with two women one in Wikipedia:Enköping and the other in Wikipedia:Stockholm. The most severe suspicions were dropped the next day by the Chief Prosecutor Eva Finné. On 30 August, Stockholm police questioned Assange. He denied the allegations, saying he had consensual sexual encounters with the two women. In both cases, the first sexual encounters were consensual, but the woman say that it later turned abusive.

On 18 August 2010, Assange applied for a work and residency permit in Sweden. On 18 October 2010, Assange’s request was denied. Assange left Sweden in late September 2010.

Arrest warrant

Wikipedia:Claes Borgström, who represents the two women, appealed against the decision to drop the investigation. On 18 November 2010 prosecutor Marianne Ny asked the local district court for a warrant for Assange in order for him to be heard by the prosecutor. The court ordered Assange detained (häktad) in absentia. On appeal the Wikipedia:Svea Court of Appeal upheld the warrant, on suspicion of "rape (the least serious of three types under Swedish law), olaga tvån (duress/unlawful coercion) and two cases of sexual ofredande". "Ofredande" has no legal equivalent in England, and is variously translated as sexual "molestation", "harassment", "annoyance" or "disturbance". "The Wikipedia:Supreme Court of Sweden refused to consider a further appeal as no principle was at stake. On 6 December 2010, Scotland Yard notified Assange that a valid Wikipedia:European arrest warrant had been received.<

Detention and bail

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

On release Assange said "I hope to continue my work and continue to protest my innocence in this matter," and told the BBC, "This has been a very successful smear campaign and a very wrong one." Assange 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.

Extradition hearing

The extradition hearing took place on 7–8 and 11 February 2011 before the Wikipedia:City of Westminster Magistrates' Court sitting at Belmarsh Magistrates' Court in London. Assange's representative at the extradition hearing was Wikipedia:Geoffrey Robertson Wikipedia:QC, a human rights specialist, and the prosecution was represented by Wikipedia:Clare Montgomery Wikipedia:QC. Arguments heard concerned the following points: did the Swedish prosecutor have the authority to issue a European Arrest Warrant; is the extradition requested for prosecution or interrogation; do the alleged crimes qualify as extradition crimes; is there abuse of process; are Assange's human rights respected and will a fair trial be safeguarded should Assange be extradited to Sweden?

Extradition decision

The outcome of the hearing was announced on 24 February 2011, when the extradition warrant was upheld. Senior District Judge Howard Riddle found against Assange on each of the main arguments against his extradition. 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." Judge Riddell concluded: "I am satisfied that the specified offences are extradition offences."

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."

On 2 March 2011, Assange's lawyers lodged papers at the London High Court to challenge the ruling to extradite Assange to Sweden Assange remains under strict bail conditions. No date has been set for a hearing.

External links

• - The judicial authority in Sweden-v-Julian Paul Assange - Findings of facts and reasons - judiciary.gov.uk - February 24, 2011