Swedish Court Refuses To Revoke Julian Assange's Arrest Warrant

An anonymous reader writes A Swedish court rejected an appeal by Julian Assange to revoke a detention order issued over allegations of sexual assault. "In the view of the Court of Appeal there is no reason to set aside the detention solely because Julian Assange is in an embassy and the detention order cannot be enforced at present for that reason," the appellate court added. "When it comes to the reasons for and against detention, i.e. the assessment of proportionality that is always made when use is made of a coercive measure such as detention, the Court of Appeal considers that Julian Assange's stay at the embassy shall not count in his favor since he can himself choose to bring his stay there to an end."

Comments

Moderator and AC are MORONS!

[Anonymous Coward]

Convicted rapist? The two women claim that the charges were made up.

Re:Sounds reasonable

[Rei]

There is precisely one case you're referring to. A decade and a half ago. And they weren't surrendered to the US, they were surrendered to Egypt via the US. After receiving bogus information from Egypt that the two illegal immigrants weren't legitimate asylum seekers but were rather convicted terrorist fugitives and a signed pledge that they wouldn't be tortured (Egypt promptly broke the pledge after they arrived). Here's the aftermath of that:

1) It turned into one of the biggest judicial scandals in Swedish history, receiving widespread protest and condemnation.
2) It led to a reform of not just Swedish but EU-wide extradition law, making it so that a mere promise of not torturing isn't enough, the country has to have a track record of not torturing.
3) The victims were offered by Sweden a large financial compensation package and Swedish residence.
4) Swedish attitudes against the US rendition program (which had worked in conjunction with Egypt on that case) that in 2006 outright had their special forces disguise themselves as airport workers to break into a CIA plane to get the proof they needed to shut down the extradition program through Swedish airspace, creating a major diplomatic incident between the two countries. And how do we know about this incident? Why, Wikileaks of course!

There's a reason why Assange was applying for a Swedish residence permit and moving Wikileaks' base of operations to Sweden when the incidents he's anklagad for occurred. No country has a spotless record, but Sweden has among the highest ranked judicial systems on Earth. Sweden has the world's best whistleblower protections and one of the most restrictive extradition treaties in Europe, flatly forbidding extradition for intelligence or military crimes (which is why, for example, the US couldn't get Edward Lee Howard, the most damaging CIA defector of the Cold War). Assange repeatedly referred to Sweden as his "shield". Funny how Sweden suddenly turned from "shield" to "evil US lackey" when he faced accusations of rape, isn't it? Just ignoring the fact that, if surrendered to Sweden, both the UK *and* Sweden would be able to block an extradition to the US (under EU law on surrender of fugitives), while he had no problem being in the UK with only the UK between him and the US.

Again, funny how that all works.

Re:Rape Apologetics Go Here

[Rei]

If allegedly lying about wearing a condom counts as rape

It doesn't, and that's not why he's anklagad for rape. The charges section in the EAW is filled out thusly:

1. On 13th – 14th August 2010, in the home of the injured party [name given] in Stockholm, Assange, by using violence, forced the injured party to endure his restricting her freedom of movement. The violence consisted in a firm hold of the injured party’s arms and a forceful spreading of her legs whilst lying on top of her and with his body weight preventing her from moving or shifting.

2. On 13th – 14th August 2010, in the home of the injured party [name given] in Stockholm, Assange deliberately molested the injured party by acting in a manner designed to violate her sexual integrity. Assange, who was aware that it was the expressed wish of the injured party and a prerequisite of sexual intercourse that a condom be used, consummated unprotected sexual intercourse with her without her knowledge.

3. On 18th August 2010 or on any of the days before or after that date, in the home of the injured party [name given] in Stockholm, Assange deliberately molested the injured party by acting in a manner designed to violate her sexual integrity i.e. lying next to her and pressing his naked, erect penis to her body.

4. On 17th August 2010, in the home of the injured party [name given] in Enkoping, Assange deliberately consummated sexual intercourse with her by improperly exploiting that she, due to sleep, was in a helpless state. It is an aggravating circumstance that Assange, who was aware that it was the expressed wish of the injured party and a prerequisite of sexual intercourse that a condom be used, still consummated unprotected sexual intercourse with her. The sexual act was designed to violate the injured party’s sexual integrity.

#4 has the checkbox for raped ticked, and #4 alone. #1 is unlawful sexual coersion and concerns AA. #2 is molestation and concerns AA. #3 is molestation and concerns AA. #4 is rape and concerns SW.

Given that you're so ignorant of the case that you don't even know the basic facts of what he's actually charged with (really, how much less about the case could you possibly know than that?), mistaking a minor molestation accusation (#2) for the rape accusation (#4), perhaps you should think before spouting off publicly about how the guy's clearly innocent and the accusers are just lying sluts?