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Swedish Court Orders Detention of Wikileaks Founder Assange

An anonymous reader writes "Wikileaks founder Julian Assange is likely to be detained for questioning over his alleged connection to a rape case. The Director of Prosecution, Marianne Ny, has requested the District Court of Stockholm to detain Assange, claiming that they have not been able to meet with him to accomplish the interrogations. 'I request the district court of Stockholm to detain Mr Assange in his absence, suspected of rape, sexual molestation and unlawful coercion,' Ny said in a statement."

81 of 298 comments (clear)

  1. [frost pisst] by Hognoxious · · Score: 4, Funny

    "I request the district court of Stockholm to detain Mr Assange in his absence, suspected of rape, sexual molestation and unlawful coercion," Ny said in a statement."

    Assange allegedly replied, "[citation needed]"

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    1. Re:[frost pisst] by Anonymous Coward · · Score: 3, Interesting

      "I request the district court of Stockholm to detain Mr Assange in his absence, suspected of rape, sexual molestation and unlawful coercion," Ny said in a statement."

      Assange allegedly replied, "[citation needed]"

      citation is needed because the statement was NOT in English.

      He is not accused of what we English-speakers consider 'molestation'. The proper translation (as opposed to a transliteration) would be "sexual harassment". And 'rape' under their law includes any unwanted contact of a sexual nature, so for example if you grope a chick's breasts at the bar, it's "rape".

      taco, please either spend some time studying language, or at least stop parroting what you see on TV. Thanks.

      Is Assange a cock-faced asshole? From what I gather, yes, yes he is. But that's no reason to accuse him of molestation.

  2. Re:I dunno man by delinear · · Score: 4, Funny

    [...] (as opposed to lawful coercion?)

    I think that's usually referred to as "dating".

  3. This will never end department is right by dkleinsc · · Score: 4, Insightful

    The powers that be want Assange captured and made an example of. So if he's not done in by these charges, they'll find something else to go after him with, and keep trying until he's in prison, killed, or the world hates him. And that's not to say these charges aren't legit. It's just awfully suspicious, especially since the first time they went after him for this another prosecutor stepped in and had the matter dropped.

    I think we can also safely give Assange the title of International Man of Mystery.

    --
    I am officially gone from /. Long live http://www.soylentnews.com/
    1. Re:This will never end department is right by DigiShaman · · Score: 2, Insightful

      You play in the mud, expect to get dirty.

      I'm sure Assange knew all that before embarking on this selfless and valiant act. Right? Or did he expect to be greeted like some world super hero and win the Nobel Peace Prize unscathed?

      --
      Life is not for the lazy.
    2. Re:This will never end department is right by SuricouRaven · · Score: 3, Insightful

      While the government (Be it swedish or american) could just make up charges against him, I don't see why they would need to for most people. Everyone has done *something* illegal, somewhere, sometime. Getting rid of an inconvenient person is as simple as investigating their life until you stumble across some useful dirt you can charge them for.

    3. Re:This will never end department is right by SuricouRaven · · Score: 2, Insightful

      Because it's easier if the paperwork is nice and tidy. The more they have to lie, the greater the chance of getting caught out.

    4. Re:This will never end department is right by Idiomatick · · Score: 4, Insightful

      Rape is publicly damning. If he got busted for jaywalking or filesharing or poor parking or something obscure like wearing pink on a wednesday in some stupid little town. Then that would put people on his side.

    5. Re:This will never end department is right by CrimsonAvenger · · Score: 2, Insightful

      The powers that be want Assange captured and made an example of.

      Then they're not going about it correctly.

      When all is said and done, the Swedish prosecutor wants to question Assange. Which is pretty much normal in any criminal investigation.

      Alas, Assange is not to be found. So he/she asks the Court to order him hauled in for questioning whenever and wherever he is found. Which is also pretty much normal in any criminal investigation.

      It's just awfully suspicious, especially since the first time they went after him for this another prosecutor stepped in and had the matter dropped.

      Of course, it's also possible that the prosecutor who had the matter dropped was the one with political motivations. Wonder why he's not busy telling his junior prosecutors to drop this now?

      In any case, noone is going to have a clue what the truth is till Assange turns himself in for questioning. Fleeing to another country tends to make one look more guilty rather than less, but answering questions with a lawyer present (which is the key here - don't talk to police or prosecutor without your lawyer present, guilty or innocent) won't do much to make you look more guilty unless, well, you're guilty....

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    6. Re:This will never end department is right by DES · · Score: 4, Informative

      In any case, noone is going to have a clue what the truth is till Assange turns himself in for questioning. Fleeing to another country tends to make one look more guilty rather than less, but answering questions with a lawyer present (which is the key here - don't talk to police or prosecutor without your lawyer present, guilty or innocent) won't do much to make you look more guilty unless, well, you're guilty....

      Have you been paying any attention at all? The prosecutor repeatedly declined to interview Assange while he was in Sweden and approved his request to leave the country. I suggest you read some of the +5 comments, which include statements by Assange's Swedish and British attorneys.

  4. Re:I dunno man by JockTroll · · Score: 5, Informative

    "Lawful coercion" does exist: it's called "arrest" or "detainment".

    --
    Geeks are so full of shit that "beating the crap out of them" takes a whole new meaning.
  5. Re:I dunno man by Rosco+P.+Coltrane · · Score: 2, Insightful

    I highly doubt that someone in the public eye as much as Assange (not to mention someone who is under a microscope already) would have something to do with rape.

    Yeah, public figures who do bad thing, that could never happen...

    --
    "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
  6. Just wait by Anonymous Coward · · Score: 2, Interesting

    He'll get a conviction too.

    I said it from the very beginning; courts here are _extremely_ political - when just plain old prestige isn't the deciding factor - and with the current right leaning crypto-facist government headed by one of the more glaring psychopaths leaders in a "democratic" state, it was a big mistake to come here. Something like this was bound to happen.

  7. "Because You're Popular, You Get a Free Pass!" by eldavojohn · · Score: 5, Insightful

    I highly doubt that someone in the public eye as much as Assange (not to mention someone who is under a microscope already) would have something to do with rape.

    So you get a free pass with the law because you're a celebrity?

    Justice is blind. Try not to forget that.

    Hell, I would argue that people in power are often egomaniacs who think they can get away with murder, rape, fraud, cheating, mistresses, etc. If you are a popular football player or billionaire or web sensation, you're probably doing whatever you want. I think the opposite logic is more applicable than yours. But, again, justice is blind so I don't think that should even be taken into account. If the accuser is a shill, the court and lawyers should be able to figure that out. If the accuser is not a shill, however, you would basically be protecting a rapist because he runs a site you like. Let justice run its course and just try to have faith in the Swedish Justice system.

    As someone who is not popular, I'm not too keen on your line of reasoning regardless of how much I like or dislike Julian Assange.

    --
    My work here is dung.
    1. Re:"Because You're Popular, You Get a Free Pass!" by SuricouRaven · · Score: 5, Insightful

      Justice is blind. But Justice can still hear the jingling sound of a purse full of coins.

    2. Re:"Because You're Popular, You Get a Free Pass!" by Yvanhoe · · Score: 4, Insightful

      So you get a free pass with the law because you're a celebrity?

      No, but you get bonus doubt when you pissed off the Pentagon and are depicted as a "dangerous individual" by an organization that has used and still uses a vast network of agents and has billions of funds (trillions ?) and has an exclusive de fact right to do things that would be illegal for anyone else to do (like killing people it doesn't like, sorry, "people that threathen US interest")

      Justice is blind, sure, but don't forget that blind justice is also just a theory that we are trying to implement on imperfect human societies and that some people are actively trying to gain from the glitches of its implementations.

      If justice is blind, it will hear Donald Rumsfeld in an international court of law in the same time as Assange is judged in Sweden. In the meantime, I am more worried about the suspected war criminal being not brought in front of a tribunal than about a borderline rapist (none of the victims actually charged him but in Sweden, a rape accusation automatically launches a legal procedure) that happens to be a very needed journalist in the present world.

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    3. Re:"Because You're Popular, You Get a Free Pass!" by Anonymous Coward · · Score: 2, Interesting

      In Sweden, neither judges or public prosecutors are elected on popular vote.

    4. Re:"Because You're Popular, You Get a Free Pass!" by mcvos · · Score: 2, Insightful

      When you're blind, you're easy to push around. Which I suspect is what's happening here.

      Not that I'm saying that Assange isn't an egotistical narcissist, just that he also happens to have pissed off some powerful people, that I fully expect to be willing to push justice around like that, just to get even with him.

    5. Re:"Because You're Popular, You Get a Free Pass!" by lixee · · Score: 3, Interesting

      Look...I'm in Sweden and I don't trust the Swedish Justice system on this matter. It may sound like what a conspiracy-theory nut would say, but the justice system around here breaks when the US is involved. Moreover, rape is absurdly loose in this country. You can have consensual sex with a girl, but she can still change her mind the next day and claim you "got her drunk" or "talked her into it". Personal responsibility pretty much goes flying out the door in such cases (precedents abound). Moreover, the fact that Assange was denied a residency permit (uppehaltillstand) a few weeks back hints to some heavy bias on the part of the government. Both women admitted to having consensual sex with Julian. But he allegedly had an "attitude problem" with women. That's not rape in my book. I don't care what the law says, it is simply immoral to prosecute a man for rape on such bullshit. In many regards, Sweden leads the world in democracy, transparency, social justice, etc. but some of the laws are simply ridiculous.

      --
      Res publica non dominetur
    6. Re:"Because You're Popular, You Get a Free Pass!" by HonIsCool · · Score: 2, Informative

      Moreover, rape is absurdly loose in this country. You can have consensual sex with a girl, but she can still change her mind the next day and claim you "got her drunk" or "talked her into it". Personal responsibility pretty much goes flying out the door in such cases (precedents abound).

      [citation needed]

       

      But he allegedly had an "attitude problem" with women. That's not rape in my book. I don't care what the law says, it is simply immoral to prosecute a man for rape on such bullshit.

      It depends on what the "attitude problem with women" consisted of. According to one woman, it was that it started off consentual but turned into non-consentual and that Assange had a problem with accepting that. Allegedly of course.

      --
      "Give me six lines of C++ code written by the most competent programmer, and I will find enough in there to hang him."
    7. Re:"Because You're Popular, You Get a Free Pass!" by Anonymous Coward · · Score: 2, Informative

      I'm sorry, but the translation for "nämdeman" would be "juror", poor as it might be. "Lay assessor" would probably be a better term, even if less familiar to the slashdot audience. And these lay assessors are politically appointed figures indeed.

    8. Re:"Because You're Popular, You Get a Free Pass!" by Theaetetus · · Score: 3, Insightful

      Look...I'm in Sweden and I don't trust the Swedish Justice system on this matter. It may sound like what a conspiracy-theory nut would say, but the justice system around here breaks when the US is involved. Moreover, rape is absurdly loose in this country. You can have consensual sex with a girl, but she can still change her mind the next day and claim you "got her drunk" or "talked her into it". Personal responsibility pretty much goes flying out the door in such cases (precedents abound).

      To look at that another way, that's not "consensual sex," it's rape. And you're arguing for personal responsibility to go flying out the door, in that you're saying people shouldn't worry about making sure the other person is sober enough to consent or isn't intimidated or coerced.

      That's not rape in my book. I don't care what the law says, it is simply immoral to prosecute a man for rape on such bullshit.

      See? You believe that laws should be disregarded. No sense of personal responsibility.

    9. Re:"Because You're Popular, You Get a Free Pass!" by Zerth · · Score: 2, Interesting

      That might save his hide(probably not, though), but the person that becomes the head of Wikileaks after him will be targeted, too.

      He may look like an attention hungry egotist for not stepping aside, but jumping ship to let the next person get smeared would be cowardly.

  8. Re:I dunno man by Anonymous Coward · · Score: 4, Insightful

    Given Assange's choice of professions, I find it highly likely that government would start making up crap about him just to detain him. I don't like crying conspiracy, but given how much he's ticked officials off in the past...

  9. well obviously by roman_mir · · Score: 5, Funny

    Clearly Julian Assange has committed a crime of raping the US intelligence and military, which is punishable by every means possible. He needs to be taken care of, he is clearly a sexual deviant, coercing the innocent intelligence and military structures into an uncomfortable position with him in a room in Stockholm.

    1. Re:well obviously by dnahelicase · · Score: 4, Insightful

      Clearly Julian Assange has committed a crime of raping the US intelligence and military, which is punishable by every means possible. He needs to be taken care of, he is clearly a sexual deviant, coercing the innocent intelligence and military structures into an uncomfortable position with him in a room in Stockholm.

      I believe the safe word was "9-11!". I think the military would have just needed to say that and I'm sure he would have stopped..."

  10. Innocent by Rik+Sweeney · · Score: 3, Funny

    Personally I don't believe he did it, and this is just an elaborate set up by some twisted organisation to silence him.

    If only there was a website that could out the truth on this whole matter.

    1. Re:Innocent by Anonymous Coward · · Score: 3, Interesting

      I believe it's an elaborate setup by assange himself so people will believe twisted organizations are after him

    2. Re:Innocent by delinear · · Score: 2, Insightful

      It seems like a pretty flaky way to ruin the guy, considering how much difficulty victims have in securing a conviction where there has been a rape (either because it's difficult to collect evidence or because a lot of the time it comes down to one person's word against another). If there were shady government-funded agencies at work here, couldn't they have come up with something that left no shadow of doubt as to guilt to ensure a conviction, an acquaintance stabbed and a bloody knife found in his car, or indecent images planted on his computer or something? It seems like subjecting him to a craps shoot where there's a reasonable chance he'll come out of it looking better than he went in isn't the best way to ruin him (of course, it could be a double bluff because they know they'll get a conviction, but it's a lot riskier rigging a trial than planting some evidence).

    3. Re:Innocent by thijsh · · Score: 4, Insightful

      I think this isn't about a conviction, but rather casting doubt at the person. Wikileaks is already being associated as 'that rapist club' by people who only casually follow the news. Some see this latest news and ask 'is that creep still out raping those lovely women?'. You analyzed right, but doubt isn't a problem here, it's what they need most to discredit him and his organization.

    4. Re:Innocent by ultranova · · Score: 2, Insightful

      If there were shady government-funded agencies at work here, couldn't they have come up with something that left no shadow of doubt as to guilt to ensure a conviction, an acquaintance stabbed and a bloody knife found in his car, or indecent images planted on his computer or something?

      No, because the very fact that you can imagine said shady agencies doing this means there's always a shadow of doubt one did. That's why the bar is "reasonable doubt", not "any doubt".

      In any case, for purposes of character assasination, rape charges work much better than murder ones. The shadowy organizations simply want the words "Julian Assange" and "rape" to be repeated together often enough that the public starts associating them. Whether or not a court convicts him is irrelevant; it's sufficient that the court of public opinion does.

      Of course, all this does is increase the credibility of Wikileaks, since obviously someone powerful is scared of what they have to say.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    5. Re:Innocent by seyyah · · Score: 2, Funny

      I believe it's an elaborate setup by assange himself so people will believe twisted organizations are after him.

      I believe the cops have organised it to make it look like Assange is trying to frame them. At least that's what Assange wants us to believe...

  11. Argghhh by zero.kalvin · · Score: 4, Insightful

    For fucks sake, they say they want to charge him, and then they let him go. Then they say they want to charge him, and yet again they say he can go. Now this. I mean come on, either you want him or not. Either you stand in the face of the bullies who are asking you to do this, or you bend all the way, there is no I am half-way bent.

    1. Re:Argghhh by dbIII · · Score: 4, Informative

      For fucks sake, they say they want to charge him, and then they let him go.

      They never actually brought him in or even asked him to turn up last time. This is the first time he's actually been called in for questioning - but wait - they haven't actually called him in yet! We've got a huge beatup about something that isn't even a story yet. This ridiculous amount of trial by media makes it look very much like a bluff where they have nothing that will stick to the point where he can be deported but they just want to harass him out of the country.

    2. Re:Argghhh by shma · · Score: 3, Funny

      With the mixed signals Sweden is sending, he should be careful. They could say they want him tonight, but by the next morning they might change their mind.

      --
      I came here for a good argument
  12. Re:I dunno man by rwa2 · · Score: 2, Interesting

    Sexual crimes seems to be a big thing in Sweden recently, since they're at the core of some popular Stieg Larsson books / movies that have grown in the public eye there and internationally over the past few years:

    http://en.wikipedia.org/wiki/Millennium_Trilogy

    We saw the first two movies at indy theaters / Netflix lately. Whee vengeance!

  13. Smear campaign by commodore64_love · · Score: 2, Interesting

    This is an attempt to discredit the Wikileaks website in the minds of the EU and US public, by smearing the owner as a "rapist"
    .

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    1. Re:Smear campaign by Shakrai · · Score: 5, Insightful

      This is an attempt to discredit the Wikileaks website

      Wikileaks has discredited themselves quite well all on their own. It started out as a site for people in oppressed countries to leak out information that their rulers would rather keep under wraps. It evolved into a site that would accept leaks from anyone. It then turned into a site whose primary propose seems to be to embarrass the United States Government.

      Mind you, my Government deserves to be embarassed at times but this war that Assange is waging is hardly compatible with the lofty ideas that got Wikileaks started. Some of Wikileaks own people have said as much.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    2. Re:Smear campaign by Anonymous Coward · · Score: 2, Insightful

      It evolved into a site that would accept leaks from anyone. It then turned into a site whose primary propose seems to be to embarrass the United States Government.

      Being what the united states government has been for the last 10 years, I'd be suspicious if wikileaks didn't have a whole section on it. The bush administration would baffle the people of nigeria for its corruption.

  14. Stockholm DA's daily planner by Drakkenmensch · · Score: 5, Funny

    10:00 - Arrest Assange for sexual assault

    10:05 - Release Assange

    11:15 - Arrest Assange for racketeering

    11:17 - Release Assange

    13:07- Arrest Assange for littering, release him then book him right back for excessive use of cusswords

    13:19 - Release Assange, change mind, grab him by the collar as he leaves the precinct

    14:03 - Have Kevin Spacey explain to me how Assange is really Keyzer Soze, let him go, then run after him after finding his whole story on Wikileaks is fabricated from fragments of my post-it board

  15. Re:I dunno man by Hatta · · Score: 2, Informative

    From what I hear, "rape" in Sweden isn't necessarily what we'd think of as rape. Even in the US, rape isn't always "rape rape". Get a guy and a girl drunk, let them have sex, and if the girl regrets it in the morning it's "rape". I would assume it's some such bullshit until proven otherwise.

    --
    Give me Classic Slashdot or give me death!
  16. Re:I dunno man by srussia · · Score: 2, Insightful

    "Lawful coercion" does exist: it's called "arrest" or "detainment".

    Yes, also taxes, jury duty, mandatory school attendance, eminent domain...

    --
    Set your phasers on "funky"!
  17. Nov 18th? by Haedrian · · Score: 3, Insightful

    When I saw this article I thought "Oh look, I must have gotten the main page cached or something"

    Seriously, why hasn't this whole fiasco/media circus died already?

    1. Re:Nov 18th? by Xest · · Score: 2, Interesting

      Precisely because the people behind it don't want it to die. They want to keep it in the public mindset that "Assange is a rapist", not "Assange was the media figure who helped expose US military abuse, incompetence, and murder".

  18. Legal response by Anonymous Coward · · Score: 5, Interesting

    (If you're not from Sweden this might be hard to understand, but yes, it's seen as culturally ok to claim rape several days after the fact - even if it was consentual at the time)

    Press release by counsel for Julian Assange

    LONDON, 2pm Thursday November 18, 2010

    Mark Stephens of law firm Finers Stephens Innocent said today, “On the morning of 21 August 2010, my client, Julian Assange, read in the Swedish tabloid newspaper Expressen that there was a warrant out for his arrest relating to allegations of “rape” involving two Swedish women.

    However, even the substance of the allegations, as revealed to the press through unauthorized disclosures do not constitute what any advanced legal system considers to be rape; as various media outlets have reported “the basis for the rape charge” purely seems to constitute a post-facto dispute over consensual, but unprotected sex days after the event. Both women have declared that they had consensual sexual relations with our client and that they continued to instigate friendly contact well after the alleged incidents. Only after the women became aware of each other’s relationships with Mr. Assange did they make their allegations against him.

    The warrant for his arrest was rightly withdrawn within 24 hours by Chief prosecutor Eva Finne, who found that there was no “reason to suspect that he has committed rape." Yet his name had already been deliberately and unlawfully disclosed to the press by Swedish authorities. The so called “rape” story was carried around the world and has caused Mr. Assange and his organization irreparable harm.

    Eva Finne’s decision to drop the “rape" investigation was reversed after the intervention of a political figure, Claes Borgstrom, who is now acting for the women. The case was given to a specific prosecutor, Marianne Ny.

    The only way the accused and his lawyers have been able to discover any substantive information regarding the investigation against him has been through the media. Over the last three months, despite numerous demands, neither Mr. Assange, nor his legal counsel has received a single word in writing from the Swedish authorities relating to the allegations; a clear contravention to Article 6 of the European Convention, which states that every accused must e informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him”. The actions by the Swedish authorities constitute a blatant and deliberate disregard for his rights under the Convention.

    We are now concerned that prosecutor Marianne Ny intends to apply for an arrest warrant in an effort to have Mr. Assange forcibly taken to Sweden for preliminary questioning. Despite his right to silence, my client has repeatedly offered to be interviewed, first in Sweden before he left, and then subsequently in the UK (including at the Swedish Embassy), either in person or by telephone, videoconferencing or email and he has also offered to make a sworn statement on affidavit. All of these offers have been flatly refused by a prosecutor who is abusing her powers by insisting that he return to Sweden at his own expense to be subjected to another media circus that she will orchestrate. Pursuing a warrant in this circumstance is entirely unnecessary and disproportionate. This action is in contravention both of European Conventions and makes a mockery of arrangements between Sweden and the United Kingdom designed to deal with just such situations. This behavior is not a prosecution, but a persecution. Before leaving Sweden Mr. Assange asked to be interviewed by the prosecution on several occasions in relation to the allegations, staying over a month in Stockholm, at considerable expense and despite many engagements elsewhere, in order to clear his name. Eventually the prosecution told his Swedish lawyer Bjorn Hurtig that he was free to leave the country, without interview, which he

    1. Re:Legal response by Anonymous Coward · · Score: 5, Interesting

      Followup from his Swedish counsel:

      (Fellow Swedes on Slashdot, make your voices heard if you feel ashamed)

      Letter from Swedish Counsel Bjorn Hurtig to English co-Counsel for Julian Assange.

      Note Neither Mr. Assange nor Counsel, nor WikiLeaks have ever received a single written word, at any time, in any form, from Swedish authorities on the Swedish investigation against our editor.

      From: Björn Hurtig
      Sent: Sunday, November 14, 2010 12:43 PM
      To: Jennifer
      Subject: SV: Our client

      Dear Jennifer,

      Enclosed You will find a copy of the documents that I have would like to send to the prosecutor. I have not been able to have the document translated in detail, but I will now tell You the most important things in it.

      First of all I comment the ongoing investigation and tell the prosecutor that I have asked her several times that they should hear my client so that we can be aware of the accusations. They have said no to this initially (and by this I mean for several weeks). Furthermore I remind her that I several times have asked her to give me the evidence in the case. She has said no to this also. I then tell her that I have asked my questions informally and in writing and tell her about a formal request that I made 14 of September 2010. This formal request has not yet been formally answered, which I find to be a breach of Swedish law (23:18 Rättegångsbalken). I also tell her that Sweden has not followed art 6:3 of The European Convention of the 4 november 1950, because Julian has not been informed of the accusation in detail and in his own language. Neither has he been informed of the documents in the case in his own language. This is an incorrect behavior.

      I then tell her that Julian is indeed willing to participate in a hearing. But I remind her that I asked her in writing (14 of September) if he was free to leave Sweden for doing buissines in other countries and that she called me and said that he was free to leave. This is important because it means that Julian has not left Sweden in trying to escape the Swedish justice. Then I reminds her that Julian and I several times have tried to give them dates when he could come to Sweden and participate in a hearing, for example I spoke to the second prosecutor Erika Leijnefors during week nr 40 and told her that Julian could participate in a hearing the 10 of October (a Sunday) or some day the following week. The prosecutor in charge (Marianne Ny) said no to this. Other times Marianne Ny has said no to our proposals due to that one of her policeofficers were sick or because the time did not suit her. This is also important because it shows that Julian has tried but Marianne Ny has said no. I go on remembering her that Julian has suggested that he could participate over a phone line and from an Australian Embassy. She has said not to this also. Then I tell her that Julian is willing to participate through a videoconference or to make a written statement over the accusation and the questions they may have. This is of utmost importance, since it shows his willingness to participate. I remind her of a ruling from our Highest Court; NJA 2007 s.337, in which the court did not put a man in custody although he was abroad and did not come to Sweden to participate in a hearing. It was not proportional to do such a thing, since he left Sweden rightfully (just like Julian) and thus did not try to escape the Swedish justice, he was willing to participate via phone or in writing and so forth.

      In the second last section of the letter I tell the prosecutor that she should think of the damage that Sweden already has done to Julian by letting his name in public. I tell her that I have heard that there is a policeinvestigation going on about the first prosecutor who let Julians name out In public, which shows that it is a serious matter. If the prosecutor now goes forward with a request of Julian being put in custody it is my opinion that the damage could be enormous; whate

    2. Re:Legal response by SuricouRaven · · Score: 5, Interesting

      Retroactive rape? "I consented, but if I'd known then what I know now I wouldn't have, therefore knowing what I know now allows me to reverse my decision of the past, therefore I didn't consent, thus it was rape." Twisted, but... lawyers. Same in every country.

    3. Re:Legal response by techsoldaten · · Score: 2, Informative

      It sounds like the retroactive rape charge is in relation to the guy sleeping with two girls who know each other. They only went to the police after they found out about the other encounter. That would mean the charges are less about the AIDS and more about the cooties.

      While I don't claim to be an expert in these matters, what I do know a thing or two about is the power of whisper campaigns. You can quickly dismantle someone's authority by just saying bad things about them and getting others to make jokes. The affect of the Assange affair, from what I have seen, is that he is getting smeared very effectively and a lot of people are in on it. If this was a political campaign and I was attempting to delegitimize a superior opponent, this is exactly how I would go about it.

      I guess what I am saying is I have all the sympathy in the world for the victims and look forward to learning what brought these charges to the level of rape. I would not be surprised to learn the details failed to meet the high standards most people would recognize as sexual assault. I would be utterly stunned if a single one of these jackals attacking Assange takes back anything they said if he's eventually proven innocent.

    4. Re:Legal response by dkleinsc · · Score: 3, Insightful

      Ex post facto is an important concept here. When you gave consent, you gave consent, which makes the sex not rape, by definition. That you might have been stupid to do so doesn't mean that you can retroactively revoke your consent. And this is an important issue with this particular crime, because there have been rape cases that have turned out to be simply a case of morning-after regrets.

      Which of course brings me to an important lesson: If you're going to sleep with someone, either wear a condom or demand they get tested for HIV.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    5. Re:Legal response by Anonymous Coward · · Score: 2, Funny

      . One twin, A is the partner/spouse/... of person X. The other twin, B, now poses as A and gets X to have sex with them. X consents, thinking that they're having sex with A, their partner. In reality, though, it's B, and if X had been aware, they would not have had sex with B.

      I wish I was raped like that.

  19. Wikileaks by falldeaf · · Score: 2, Insightful

    The problem with Wikileaks is that only half of the participants are anonymous. For it to work over a long period of time the people helping to disseminate the information need to be anonymous, too. I'm not sure if that's technically possible, though.

    --
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  20. Re:I dunno man by dbIII · · Score: 2, Insightful

    You mean like Phil Spector?
    On the other hand this case has been considered of such low importance that they are still trying to decide whether it is worth questioning the suspect for the first time. That should put this case nicely in perspective because rape is normally taken very seriously.

  21. Well... by benjfowler · · Score: 2, Interesting

    Julian Assange is _special_, so little niceties like laws, rules and regulations don't apply to him.

  22. Re:I dunno man by Hatta · · Score: 3, Insightful

    To back this up a bit, check out this abstract claiming that the rape rate in Sweden is 3x the rest of Europe. At least 2/3s of those people are considered rapists in Sweden, when they would not be in any other country. It sounds like Sweden is going through some sort of moral panic concerning rape. So I'm disinclined to believe any rape claims coming out of Sweden.

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  23. By all means, question him by gman003 · · Score: 4, Insightful

    "Nobody is above the law" is the principle Wikileaks seems to be standing for. Assange should not be exempt from the laws either. By all means, if there is sufficient evidence to warrant some questions, question him.

    I personally have no opinion as to whether these charges are true or not - there just isn't enough data to support any conclusion. It could be an attempt to discredit the organization, or it could be true. So, then, go get the data, and examine the evidence, and see if there's even enough to warrant a trial.

    1. Re:By all means, question him by DES · · Score: 3, Insightful

      I think you both missed the part where the prosecutor has repeatedly refused to interview Assange or to inform his attorney in writing of the exact charges, and the multiple violations of Swedish law and legal precedent and of the European Convention on Human Rights by both the police and the prosecution. TL;DNR perhaps?

    2. Re:By all means, question him by DES · · Score: 3, Insightful

      Well, you can start with the fact that the Swedish police informed the press of the charges against him, and identified him by name, before they had even spoken to him - which they still haven't. That may be business as usual in the US, but it's not the way we do things in the civilized world. They've violated due process six ways to Sunday.

    3. Re:By all means, question him by IICV · · Score: 3, Informative

      Well that's the thing, they're not even questioning him - just read the letter from Mr. Assange's attorney a couple of posts up. What's been happening is that the Swedish prosecutors, in contravention of good taste and (apparently) Swedish law, have been announcing "We're going to arrest Assange for rape!", and then not doing anything about it, not telling him what the charges are, and not bringing him in for questioning. They even said he was free to leave the country!

      That's not the behavior of someone who wants to prosecute a criminal in the court of justice; if they had a case, they would fucking bring it, and Assange would go to jail for rape. This is the behavior of someone who wants to hang an innocent person in the court of public opinion.

  24. Re:Assange's got his own personal "issues" by tumutbound · · Score: 2, Funny

    Hey! he's Australian so that arsewipe thank you very much!

  25. Re:Assange's got his own personal "issues" by Anonymous Coward · · Score: 2, Insightful

    Or it could simply be that he feels safer if everyone knows his name. Otherwise he could just be rubbed out and noone would be the wiser.

  26. set up by EasyTarget · · Score: 2, Interesting

    The Assange case makes a good study in how the violent right goes about dealing with threats; we first saw serious suggestions that he is some sort of 'sex pest' being inserted into the media earlier this year; for instance a BBC profile piece on him contained 'hints' of this, shadow actors started adding entries to his wikipedia article, all pro-establishment media now uses a standard 'looks greasy and sleezy' stock photo of him, etc..

    Then later on; he failed to resist some of the loose women who suddenly started attaching themselves to him at every opportunity; and behold; they turned out to be shills; whoring themselves for publicity and (being underhandedly encouraged by the warmongers Assuange threatens).

    And now we enter the first endgame. Lets be quite clear; the decision to arrest was not really made by Swedish legal types; it was made by pro-violence media manipulators working to support the arms industry; the authorities in Sweeden are just doing as they are told.

    The only crime Assuange has made against me was to not tell these whores to fuck off when they draped themselves over him.

    --
    "Oops, I always forget the purpose of competition is to divide people into winners and losers." - Hobbes
  27. Good dog, Sweden, gooood boyyyyy! by elrous0 · · Score: 2, Insightful

    This has CIA character assassination written all over it with a huge marker. Nice to see that Swedish courts are either lapdogs or dupes (or both). This is exactly what I expected the CIA to do to.

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
    1. Re:Good dog, Sweden, gooood boyyyyy! by dbIII · · Score: 2, Insightful

      He's done far less damage to the US war effort than Rumsfeld or even any of those contractors that are skimming taxpayers money off the top and not delivering what they were paid to do.

  28. Re:he's innocent by ThatMegathronDude · · Score: 3, Funny

    He's so innocent that he fooled the police with a false confession and led them to a fake body he constructed from pork skins and clown makeup.

  29. Defense attourney's letter in English by grimJester · · Score: 4, Informative
  30. Re:I dunno man by Anzya · · Score: 2, Insightful

    Yes of course there are some people who are wrongfully accused for rape and that sucks but that is probably not the case most of the time.
    In courts in Sweden the girls character is always in question. Was she drunk, has she had many boyfriends, is she a slut? Any of that could be reason not to convict. There has even been a case where the girl didn't have time to say no before the guy showed his pipe organ in her throat and at least one where the girl was too drunk to be able to speak where both guys where acquitted since the girls didn't protest enough
    This is hardly the signs of a country in moral panic (oh and your link goes nowhere).

    So why are there so many cases of rape in Sweden? There's a couple of reasons. The police most often don't laugh at the girls or kick them out again and we do take it serious when it comes to rape even if the courts sometimes fubar things. Another reason is that the spouse in Sweden can be convicted for rape of his wife. There are still, strangely enough, countries where the husband can't be convicted for raping his wife.
    Don't confuse higher numbers for larger amounts of rapists or moral panic, it might just be that we are doing more things right than you are.

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  31. Statement by Julian Assange's counsel Mark Stephen by grimJester · · Score: 4, Informative
    here

    as various media outlets have reported "the basis for the rape charge" purely seems to constitute a post-facto dispute over consensual, but unprotected sex days after the event. Both women have declared that they had consensual sexual relations with our client and that they continued to instigate friendly contact well after the alleged incidents. Only after the women became aware of each other's relationships with Mr. Assange did they make their allegations against him.

  32. Re:I dunno man by Richard_at_work · · Score: 2

    If the government wanted him out of the way that badly, you know what they would do? Have a deranged wife or brother of a soldier killed in Afghanistan walk up to Assange and stab him with a carving knife. Thats how it would happen - complete deniability and a link to his own actions in to boot. No need to make up seedy sex crime claims or whatever.

  33. Re:I dunno man by HonIsCool · · Score: 2, Informative

    I was going write something similar, so I'll just add some comments here instead.

    I'm a bit peeved with all the comments alleging that a "girl can have consentual sex and change her mind the next day and it is accepted as rape in Sweden". This is not what the courts have decided, where in fact they do seem a lot more willing to acquit than convicted in hairy cases. Which might not necessarily be the worst of things.

    I'll say though that the "Was she drunk, has she had many boyfriends, is she a slut?" is not regarded as a reason to acquit by the court, although the defense attorney might be too happy to trot out that line.

    --
    "Give me six lines of C++ code written by the most competent programmer, and I will find enough in there to hang him."
  34. Dont believe. This is a typical gladio operation. by unity100 · · Score: 4, Informative

    http://en.wikipedia.org/wiki/Operation_Gladio

    this is the italian version of the organization that was founded in every nato country, and probably in every country aligned with usa back in cold war.

    these secret organizations were set up in order to make sure that those countries 'stayed true to western ideals' -> basically u.s. interests. and, in all cases, even the secret service of the involved country did not officially know or was involved with these organizations, despite probably having members of these organizations among themselves without their knowledge.

    operations involved assassinations or character assassinations of dangerous individuals, intellectuals, politicians (death, accidents, or scandals, other means), setting up terrorist acts, even fake terrorist organizations to take blame for various actions in those countries in order to estrange the public from what the organization would claim to be. (set up fake leftist terror groups and estrange people from left ideology, or religions etc), creation and funding of various insurgent/guerilla groups in order to either aid the friendly regime (in 3rd world countries these kind of insurgence was the excuse the dictators were using for oppressive measures), or, to harass nearby unfriendly regimes, arrange any means that would ensure the u.s. friendly parties got the upper hand in elections, in democratic countries. (scandals, bribery schemes, cheating, anything) .... the list of activities is endless ...

    after cold war, some of the countries have ousted and prosecuted these organizations, or closed them down. some of the countries, did not. some of the countries, were not able to do that. some, are still trying.

    it is highly possible that, a version of this organization existed or still exists in usa, with, or without the knowledge of its intelligence organizations.

    and this 'rape case', seems WAY too similar with the cases in the accounts that the ex-agents describe in books describing gladio, or testimonies in court cases that were conducted over these.

    in case you forgot, wikipedia has a habit of exposing any kind of information to public, including very, very disturbing dealings of united states government and corporations. things even u.s. citizens cannot access and uncover ...

  35. Remember Hans Reiser? by tangent3 · · Score: 2, Insightful

    I thought he was innocent too...

  36. Re:Key question by uffe_nordholm · · Score: 2, Informative
    The court can decide to have the "doors closed". This means only the court itself and the people involved in the case see the evidence. Any witnesses called will hear/see nothing other than their own evidence. Further, the court decision can be stamped "Secret" in parts or in its entirety. If things are really sensitive, you will never find out there has even been a trial....

    I believe that one of the most often used reasons to close the doors and/or label the court decision secret is to protect the victim of the crime. This means that if JA is found guilty, the rest of the world might never get to examine the evidence, since it has been withheld to protect the interests of the victims.

    Yes, I live in Sweden, but no, I am not a lawyer.

  37. Lifetime judges? by DesScorp · · Score: 2, Interesting

    Lifetime judges may be blind but DA's are often elected political creatures.

    "Lifetime judges" are human, and are thus just as prone to arrogance, corruption, deceit, and bias as any elected DA or judge. I simply do not understand the reliance by some on the theory of impartiality of judges with life tenures. The idea that life tenure makes them impartial doesn't even work in theory when you think about it. All it does is make them unaccountable. The fact is that there ARE no perfect judges, because there are no perfect people. This is why lifetime tenure for SCOTUS justices was one of the few really bad ideas of the Founders. Limit their terms on the bench. Otherwise, you've basically got a collection of unaccountable kings.

    --
    Life is hard, and the world is cruel
  38. Misread by jekewa · · Score: 2, Funny

    Heh. At first I read that as "Swedish Court Order _Detination_ of Wikileaks Founder..."

    Totally different meaning, that one.

    --
    End the FUD
  39. Re:I dunno man by Richard_at_work · · Score: 2

    I think you vastly overstate Assange's 'following' - there is nothing there to make him a martyr.

    Howver, the way its currently playing, he gets to scream and shout about a conspiracy against him - not much of a discreditation if people are still listening to him...

  40. Re:Assange's got his own personal "issues" by Jeremiah+Cornelius · · Score: 3, Informative

    This is part of the US's PUBLICLY REVEALED campaign to discredit WikiLeaks. The way to do so? Ad Hominem. Make the story about the messenger - over and over, again.

    It wouldn't matter if WikiLeaks were fronted by Charles Manson - that's not the point of the disclosures.

    But once more, you fall for the legerdemain.

    http://www.cnbc.com/id/39729526
    http://www.ufppc.org/us-a-world-news-mainmenu-35/9948-news-a-comment-pentagon-campaign-to-discredit-wikileaks-downshifts.html
    http://www.itbusinessedge.com/cm/community/news/gt/blog/us-plan-to-discredit-wikileaks-leaked/?cs=40078
    http://www.wsws.org/articles/2010/oct2010/time-o25.shtml

    --
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    Never been known to fail..."
  41. The power to control by Anonymous Coward · · Score: 2, Insightful

    "a site for people in oppressed countries to leak out information that their rulers would rather keep under wraps"

    That statement covers every country in the world. The people with money and power always have things to hide, as they fear loosing their money and power over others as others (just like them and really as ruthless as them) seek to take their money and power. (Ultimately because they want others to be less powerful than them). Also the act of seeking power over others is inherently the act of seeking to oppress others into following the wishes of the people in power. Therefore all their words are really to hide this core truth of their behavior, regardless of which political party they are in.

    Its why democracy partly works as it attempts to balance the competing sides against each other, preventing any one side from totally getting all their own way at the expense of everyone else. Unfortunately democracy totally fails when all the competing sides find some common ground ideas they share, where they all want the same thing. Which is exactly what we are getting with the moves towards ever more Police State levels of spying and control over us all, ultimately because everyone who seeks power over others, all wants the same thing, they all want power over others. Therefore they keep seeking more ways to gain power over others and they fear others like them getting these powers first.

    In such a world we need a way to monitor and feedback against governmental excesses which grow without limit, such as the increasing spying and control, so we need sites like Wikileaks to allow us all to see and so publically police the people in power to prevent them increasingly undermining democracy to create their increasingly totalitarian levels of control.

  42. Allegations detailed by swm · · Score: 2, Interesting
    Today's NY Times gives the first account I have seen of the actual circumstances and allegations

    The two women who accused him were volunteers who had offered to assist WikiLeaks and met him in his first days in Sweden.

    According to accounts the women gave to the police and friends, Swedish officials have said, they had consensual sexual encounters with Mr. Assange that became nonconsensual. One woman said that Mr. Assange had ignored her appeals to stop after a condom broke. The other woman said that she and Mr. Assange had begun a sexual encounter using a condom, but that Mr. Assange did not comply with her appeals to stop when it was no longer in use.

    The existence of the allegations is a fact.
    We have two competing hypotheses to account for that fact

    • Assange committed sexual assault
    • Assange was set up by someone who doesn't like WikiLeaks

    Having read the allegations, I find it very difficult to discount the second hypothesis.

  43. Character assassination by guspasho · · Score: 2, Interesting

    If your goal is to prosecute a guy for a crime, you bring charges and you prosecute. If your goal is to assassinate his character, you draw out the process as long as possible, using innuendo in the media, without actually involving the courts.

    This reeks of the latter.

    "We're thinking of getting an arrest warrant to detain Assange for questioning involving these charges that we keep bringing against him and then dropping, but we haven't actually done it yet. We're just putting it out there in the media that we're thinking of doing it. We'll tell you more when we maybe do it next week, or decide not to, so we can keep getting media attention."

  44. Re:Character assassination by guspasho · · Score: 2, Insightful

    Also, the title is inaccurate. There is no court order, someone is just making a show of requesting one. Even Slashdot editors are useful tools.

  45. Re:Assange's got his own personal "issues" by afabbro · · Score: 2, Insightful

    Wow, the GP's wordplay joke just went right over your head, didn't it? You may wish to wipe the foam off your chin and reread.

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