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Assange Wins Right To Submit Appeal
beaverdownunder writes "Julian Assange has won the right to submit an appeal of his extradition to Sweden on 'public interest' grounds. He now has two weeks to come up with a convincing argument for Britain's Supreme Court. From the article: 'The judges ruled that Mr Assange's case is of general public importance, but the Supreme Court could still refuse to hear his case. Mr Assange now has 14 days to formally lodge an appeal, meaning his stay in Britain, where he has been staying since his arrest in December last year, is certain to stretch into 2012.'"
If he wins his appeal then he's safe in the UK. If he travels anywhere else that has an extradition treaty with Sweden then he's at risk again, including possibly in his native Australia.
That does include Australia. If he wins the appeal, the only way he goes home again is if he just goes to Sweden and stands trial.
http://www.comlaw.gov.au/Details/F2004C00142
Sweden also has extradition treaties with the rest of the EU, the US, and Canada. New Zealand doesn't even require an extradition treaty for another country to submit an extradition request. So if Assange ever wanted to live outside the UK again, he wouldn't have many First-world options left.
Most countries only extradite criminals. The main point is that he is only wanted for questioning and there has been no suggestion of there being a charge ready. Britain should not have arrested him as there are no valid grounds for that. If there was an charge pending then yes but there is not. The whole thing is just a show to get him to a country that will role over and give him to the US. I am not sure why the UK didn't ???
I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
Most countries only extradite criminals...
Actually, countries generally are required by treaty to extradite anyone for whom the requesting country has issued a valid arrest warrant regarding a crime so they can be held over for trial--you don't have to have a conviction in hand to request extradition, just a warrant. And once presented with a valid arrest warrant, the country receiving the warrant is required by treat to arrest and detain the accused to ensure that extradition occurs. For logistical and political reasons it doesn't always work out that way, and most countries don't even bother requesting extradition unless the crime in question is a pretty serious felony; but that's the letter of the law in most cases.
Also note that, under some treaty provisions, an uncooperative person not accused of a crime can be extradited as a material witness to a crime if the crime in question is considered sufficiently serious. And in the US, unindicted suspects who have fled the jurisdiction in which the crime occurred can also be extradicted from another state and held over if indictment is imminent (i.e. the district attorney has declared his intention to indict to the court and now it's just a matter of filing the paperwork). I'm unfamiliar with the intricacies of Swedish law, but something similar might be happening here.