
Screen shot of Sky News' feed of Assange extradition appeal hearing in February 2012
(update below)
The Supreme Court in the United Kingdom issued a much anticipated decision today, ruling Sweden’s request for WikiLeaks founder and editor-in-chief Julian Assange’s extradition was “lawfully made.” By a majority of 5-to-2, the court found the Swedish public prosecutor in the case was in fact a “judicial authority” and held that the European arrest warrant (EAW) issued was valid.
Assange was not in court this morning. WikiLeaks spokesperson Kristinn Hrafnsson told Reuters, “This is not the final outcome. What we have here is retribution from the US.” He was granted the right to stay in the UK for two weeks while his lawyers consider applying to the Supreme Court to reopen the case. If the Supreme Court does not allow for the case to be re-opened, Assange could appeal to the European Court of Human Rights (ECHR).
According to The Guardian’s live coverage, Assange’s lawyers had argued in February the “Swedish system is unfair because it puts the power to issue arrest warrants in the hands of the same prosecutors who are trying to put the accused person in jail.” Dinah Rose, Assange’s QC, claimed “judicial authorities” meant a “judge or magistrate, and not a prosecutor, who is not independent.” The Supreme Court had deliberated over whether the Swedish prosecutor constituted a “judicial authority under the European arrest warrant framework and the Extradition Act of 2003, which incorporates it into British law, along with discussions of the history of the European arrest warrant framework going back to the 1957 European convention on extradition.”
Lord Phillips found the framework had been created to establish “a single uniform system for the surrender of those accused or convicted of the more serious criminal offenses” and the 11 member states that are party to the decision wanted to be able to have a judge or public prosecutor be a “judicial authority.”
Lord Mance, on the other hand, concluded in a dissenting opinion, “Whatever may be the meaning of the Framework Decision as a matter of European law, the intention of Parliament and the effect of the Extradition Act 2003 was to restrict the recognition by British courts of incoming European arrest warrants to those issued by a judicial authority in the strict sense of a court, judge or magistrate.”
The decision handed down was apparently decided under a point of law in the Vienna Convention on the Interpretation of Treaties, which was not argued by the prosecution or defense in the case. Assange’s lawyers or the Crown Prosecution Service, representing Swedish authorities, had also not been notified this would factor into the decision. (Full judgment available here.)
Highlighting the unlikelihood that the Supreme Court would reopen the case, legal commentator Joshua Rozenberg appeared on BBC News to describe this aspect of the decision:
It would be very embarrassing if the supreme court felt the need to reopen the case and it’s extraordinary, isn’t it, that they might have considered something which they gave the parties no opportunity to argue. From time to time judges do their research and they add points, minor points, that have not been considered, but it appears that the decisive point in this case was one that wasn’t argued, and that’s something which is pretty unusual, and that’s what prompted this unexpected intervention from Dinah Rose which took Lord Phillips so much by surprise that he mixed her up with the other counsel, Clare Montgomery.
It’s important to note that one key reason why Assange would want to vigorously fight the extradition involves the pre-trial restrictions and detention of which he might be subjected to in Sweden. Fair Trials International explains what will happen if extradited:
Mr Assange will be arrested on his arrival in Sweden and taken to a Swedish police station. Within 96 hours of being detained he will be brought to court, for a decision as to whether he should be remanded in custody until trial (see further below). This hearing is normally in private, unlike in many other countries, including the UK, where such hearings are normally in open court.
As soon as the investigation is over, a decision will be taken about whether to formally charge him. Swedish law requires a person to be physically present before charges can be laid, so this can only happen once Mr Assange is on Swedish territory. Alternatively, prosecutors may decide not to charge Mr Assange and to release him.
Arrestees hardly ever get bail. The presumption is on detention so Assange is likely to not even enjoy the minimal freedom of house arrest, which he has been held under for over five hundred days. Like Pfc. Bradley Manning, the soldier accused of releasing classified information to WikiLeaks, he could be held in isolation:
Mr Assange could be held in isolation and barred from communicating with anyone other than his lawyers. He may be subjected to a range of restrictions such as:
- isolation: meaning that he is held in his cell for up to 23 hours a day;
- no visits from anyone other than his lawyer or a priest;
- restrictions on phone calls and written correspondence;
- limited contact with other detainees; and
- lack of access to newspapers, radio and television.
There has been international criticism of these conditions. The Council of Europe has reported ongoing concerns about remand conditions in Sweden and that many people feel that they are prevented from contacting family members to ‘break’ them. The US State Department has also noted that people are often subject to extended isolation and severe restriction on their activities whilst awaiting trial.
Supporters of Assange are concerned about the fact that a bilateral treaty between the US and Sweden allows extradition without consent from the UK. They find it highly likely that once Assange gets to Sweden the United States will formally request extradition from Sweden.
A website called “Justice for Assange” highlights a statement by former legal adviser to the US State Department and National Security Council John B. Bellinger III, who stated, “The US government is certainly looking at the technical aspects of the two extradition agreements between the UK and Sweden and then considering the political and legal atmosphere in both places.”
While Assange’s extradition to the US is becoming more and more inevitable, options are still available. His lawyers can prepare to take the case to the ECHR while pushing the Supreme Court to reopen the case. However, as journalist and supporter John Pilger made clear last month the prospects may be grim:
…Thanks to a secret deal between the US and Sweden, he can be “rendered” to the American gulag at any time. In his own country, Australia, prime minister Julia Gillard has conspired with those in Washington she calls her “true mates” to ensure her innocent fellow citizen is fitted for his orange jump suit just in case he should make it home. In February, her government wrote a “WikiLeaks Amendment” to the extradition treaty between Australia and the US that makes it easier for her “mates” to get their hands on him. She has even given them the power of approval over Freedom of Information searches – so that the world outside can be lied to, as is customary…
Furthermore, if sent to the US, he would be in a country where a US soldier who allegedly released information to Assange’s media organization is accused of “aiding the enemy.” He would be subjected to the findings of a secret federal grand jury in Alexandria, Virginia. And he would face a political trial to convict him of espionage or treason against the US.
There is no reason to doubt that the US will stop at nothing to make an example out of Assange because of what he did by releasing information they did not want released because it contained details on corruption, misconduct and war crimes being committed or perpetrated by the United States. He caused a major hiccup in the daily operations of American empire. He helped foster an act that could have potentially destroyed authority and power wielded by the United States. And, for that, he is a political target whom the US needs to make an example to show what happens when one challenges US dominance in the world.
Update
Here are two segments from Democracy Now! this morning on the extradition appeal decision. Glenn Greenwald and Helena Kennedy, British attorney for Assange, appeared on the show.



39 Comments

When he is extradited to the SHU’s of the US Federal Prison System, maybe Bob Dylan will write a song about him.
I believe he is wasting time. The ruling elites are trying to make an example of him. It does not matter whether in Europe, U.S. or any country, his case will not be decided on merits. This is a political decision, and so he is screwed. These people are fearful that if he is allowed to escape the system, then others will follow. This is just self preservation, and the rich all over the world are connected by money and fear, not sense of justice, unfortunately.
How is trying to save one’s ass from totalitarianism “wasting time”? I get what you are saying. I just don’t think one should call Assange’s legal struggle “wasting time.” I mean, he should fight back, shouldn’t he?
Wouldn’t it be precious if Wikileaks were to release some… savory details about those secret deals between Sweden and the US, or some documents proving that all of this is motivated by the US gov’ts desire for revenge over the embarrassments of WL’s leaks?
Well, he isn’t wasting his time, but, to be sure, he is fucked. He has already been sidelined. One would think that if there were documents that would cast light on the US intervention, they would have already come out or will come out shortly. JA has been wasting away now for over 500 days.
The fix is in. It always was. Hillary’s on her way to Sweden just to make sure. Assange will be disappeared.
My only new thought on the subject is that O is being so aggressive in persecuting truth tellers, he must have something much bigger to hide than we currently know about.
Like his CIA connections maybe.
Not at all. He’s doing programs on RA.
I am not saying he should not fight back, but the outcome is preordained. He should figure out another strategy, possibly facing it from Sweden, where the PTB are determined to send him. Maybe he should allow himself to be extradited to the U.S. and fight from here. I am sure if extradited, they will put him in isolation, cut his contacts with the rest of the world. But he is on a different level than Bradley Manning, since he is not in the military. This could be a dangerous case for the U.S. as it may expose hypocrisy. But prisoners of conscience were able to have their voice heard even from the USSR, but who know, maybe this country is better at repression than the Soviets, or simply more brazen, since we feel we have God on our side.
Oh come on!! Assange reminds me of Abbie Hoffman, all ego and no substance. I remember all this BS about the B of A that wikileaks was supposed to leak and it was all about nothing. If Assange had his ego in check he would not have fallen into his present self induced trap.
I realize this is a little wordy, but wouldn’t a more appropriate headline have been “UK Supreme Court Subserviently Promotes Nefarious and Criminal Activity of the New Empire”?
But he may be tried in military courts. Obama has already opened that door wide. It would be a mere swipe of the pen to declare him a terrorist, or enemy non-combatant, or whatver euphemism they are using these days.
The U.S. is still subject to international pressure, since we have to protect our “image” as freedom loving people. Appearances are sometimes everything.
Oh come on, everyone who promotes exposing lies, murder, cover-ups and tries to provide a vehicle for whistle-blowers should be harrassed, detained on trumped-up charges and extradited through a system of corrupt phony legal lackies to be made an example of, especially if you don’t like their demeanor. /s
U.S. is on the to becoming the next Evil Empire.
U.S. is on the way to becoming the next Evil Empire.
It seems to have already arrived, IMO
“a single uniform system for the surrender of those accused or convicted of the more serious criminal offenses”
having consentual sex with 2 adult women, who may or may not have a motive to fabricate their accusation, does not reach “international crime status.”
just my $200 (2 cents adjusted for inflation)
Agreed. The treatment of Assange speaks volumes about the depravity of the crimes perpetrated by USG still unknown.
If you be a celebrity or a celebrity wannabe in the case of Assange, you do not put yourself in the situation where strangers can accuse you of failing to use contraceptives. In other words, unlike the Clintons of this world, there is a hold back cost associated with “success”.
It looks like this case got “blown” out of proportion.
DDB and his CIA wife apparently took care of the files that were to be used as security against persecution or assassination, clearing the way for Assang’s extradition to Sweeden and the US.
Although it is true that Assange was warned that the US would try to accuse him of sex crimes, Assange and his team probably assumed it would come in the form of child molestation charges like Scott Ritter. Being accused of rape from consensual sex with adult women probably came as quite a surprise.
What’s really missing the most is a daylighting of the sources of the sex crime allegations against Assange. One set of allegations has already been tossed out, and the next set of claims was made by a well-known Swedish radical feminist who was on the record previously with a vendetta against men in general. She only surfaced with her complaints after the previous complaints were dismissed.
This looks to me like a yet another politically motivated trumped up sex scandal intended to defame and smear a man.
I think he means, “The fix is in.”
Gee. I guess following your logic that Assange,who claims he is an important guy, would be immune from being exploited by strangers with whom he chose to have sex. No, No it’s all a plot and Assange is not an out of control of ego freak. The stranger women picked Assange, agents of the CIA or some other bad guy.
Assange is just not that swift.
Healthy skepticism about CIA involvement is a good thing, generally. In this case, there is enough evidence pointing toward involvement of USG in setting up Assange for extradition to the US everywhere from Anna Arden’s past to Famously corrupt Karl Rove’s connection to the Swedish Government to Stratfor’s emails about A secret sealed indictment from a grand jury.
Goddammit, not another “he should of known better” sex scandal argument from the Left. So every single man involved in progressive politics either sticks to masturbating in the dark or takes monastic vows, is that it? Bullshit.
This is a politically inspired prosecution, with ties to US intelligence, designed to smear a jerk who has repeatedly embarrassed the United States. To hear our side claim that the man shouldn’t get laid is hypocritical, considering Progressives are supposed to believe that what goes on in another person’s bedroom is none of our business.
> Assange,who claims he is an important guy
No, I and many others claim he’s an important guy, just as they claim you’re an asswipe. Are all these claims true? I don’t know. But there’s one thing I do know: Assange should avoid extradition to the U.S. via corrupt government officials at all costs. Repeat, all costs.
Hey Story, Your story is you know nothing about Assange except a few dirty words thrown my way. What gets me about the current left is the rhetoric which you seem to throw around. If you think public figures such as Assange, if that is the role he wants to play, cannot avoid detours from their stated roles by just being careful and a bit self deprived, then so be it. And we are left with the Edwards and Clintons. What a group.
This is the problem with too many Americans — they prefer to cleave to two modes that don’t require them to think or to exert themselves: complacency or cynicism. Complacency is pretending everything is just fine and putting the fingers in the ears and saying “La la la, I can’t heeeeear yoooouuuu” to anyone issuing a call to action. Cynicism is pretending there’s no hope because one doesn’t want to actually try to fight.
What will you say, then, when the Swedish sex charges suddenly disappear or are trumped by whatever charges the US decides to bring against Assange?
Slogans don’t solve problems. The only thing that will motivate people to move is pain, and apparently there is not enough of it just yet. Revolutions always happen when the populace is such pain that it has nothing to lose. It happened in France, Russia, Arab spring, etc. So we have to wait. Apparently the ruling elites are trying to make example of Assange. But even the most repressive regimes eventually collapse. Assange may have to come here to face the beast and become a martyr, to become an example. I am just not sure if he is the right messenger and timing. But I can assure you there is going to be a lot of pain ahead. This country has not really sacrificed anything or anyone yet. Just look what it took for repressive regimes to collapse in Argentina, Brazil and Chile.
You say that and then compare Assange to Bill Clinton and John Edwards because he’s been accused (not charged), harassed and detained by the flimsiest bullshit claim by an obvious agent in order to put him within reach of the criminal US war machine?
You’re not sounding too bright buddy.
Julian Assange:
You Are Finished. Pick Your Poison:
1. Electric Shock to the Genitals
2. Waterboarding
3. Physical beatdown with brass knuckles
4. Stress Position in handcuffs and shackles
5. Stripped Naked and Forced to Lie in a Damp Musky Cell With no Blankets, Pillows, Sheets or Mattress
CAN YOU SAY SCREWED!!!!!!!
> Your story is you know nothing about Assange except a few
> dirty words thrown my way.
Speaking of knowing nothing, how did you come to “know” this about me? I’ve read his essays such as “Conspiracy as Governance” — does that count? Have you read any?
> What gets me about the current left is the rhetoric which you
> seem to throw around
I invite a public comparison between your rhetoric and my facts — facts which you will not bother to try to refute because you are a stinking sock puppet. (BTW, “sock puppet” is a technical, descriptive and factual term, as is “stinking.”)
Also too, what hotdog said.
I will say don’t have sex with strangers you meet in bars if you are serious about what you were/are doing.
> I will say don’t have sex with strangers you meet in bars if you
> are serious about what you were/are doing.
That makes as much sense as your previous comment, I’ll give you that. I suppose you’d say if one were really serious (not just really serious without italics and bolding) about what one was doing, one would only do it on an uninhabited planet. Does that about sum up your generous advice? If not, could you please make a list of everything one should not do here on Earth in order to retain your Level-5-Approved Seriosity, just so we know? And post a link to the PDF? Thanks!
struggling with the verdict today. I am wondering if it is true, that Assange can be extradited to Sweden with lack of evidence on the request of a potentially biased basic prosecutor (non judicial), what is stopping virtually anybody from extraditing Blair to Sweden to answer questions on war crimes many feel he committed.
Exactly which verdict would have been the bigger can of worms?
Assange resigned himself to being a martyr a long time ago. The idiot right, predictably, will not rest until they have made a martyr out of him – even though Assange has given them dozens of opportunities to change that outcome. Its the U.S. which is doomed – to what is the only question.