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."
But still not great.
Live down to expecations, Slashdot.
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.
This is the "grown-up language" version of "Stop hitting yourself!".
At this point the UK should just tell Sweden to stop abusing the extradition treaties and let Assange go.
I believe all convicted rapists should be forgiven after three years holed up in an ecuadorian consulate.
One of the things the alleged victims claim is that he tore one condom and insisted on continuing, and in the other case kept insisting on *not* using a condom.
The article about this in The Guardian, at http://www.theguardian.com/med..., is pretty damning. Even if the women quoted there did not consider it rape, he's an *amazing* jerk and I'm stunned they didn't kick his ass right out into the cold night air, preferably without his clothes.
Convicted rapist? The two women claim that the charges were made up.
He is not even charged. That is the insanity. They have not lodged changes, they just want to question him. Insane that they can issue an arrest warrant without associated charges
I wish I had mod points, but Slashdot seems to give me them about once a month these days, despite Excellent karma.
+1 Insightful. This is character assassination.
I know that lawyers aren't exactly known for being honourable but some of the arguments Assange's lawyers have used have been a best naive and at worst disgraceful. They complained to the UK courts that the cost to to "guard" the Ecuadorian embassy (£10000/day) was not a justifiable use of money and therefore they should just let Julian go. Or to the Swedish courts that he has spent so long trapped in the embassy that to prosecute and potentially jail him would be a double punishment.
If you choose to skip bail and hide in an embassy then you have to accept the consequences.
This is character assassination.
We won't know until the trial, will we? Perhaps there is a reason Assange refuses to go to trial to clear his name.
much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
He is not even charged. That is the insanity. They have not lodged changes, they just want to question him. Insane that they can issue an arrest warrant without associated charges
Under the Swedish legal system ( like some others on the continent) he has to be questioned by the prosecutor before formal charges can be filed. They are attempting to do this now. Assange refuses to cooperate.
much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
Trial? What trial? He's not being charged with a crime. Since he's not being charged with a crime, why do they need to question him in person?
It was about keeping him (and others for that matter) in line. And making example of him being grounded, cuffed, locked, deported, tried and all of it televised.
If you let one disobey, more of those will appear, http://www.youtube.com/watch?v...
Either way, system win. Assange's statue of limitations ends in 2022, which is, what, 10 years being locked in one room?
If he does survive, he will be an example for others. Actually he already was an example, which keeps giving.
Questioning the accused is the next step in the Swedish legal process before charges can be filed. A trial would follow that.
much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
Before you go down the conspiracy theory rabbit hole perhaps you could explain why the US would wait to extradict him from Sweden in the indefinite fututre instead of extradicting him from friendly US ally Britain now? You believe nonsense.
much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
There are no innocents, only people awaiting prosecution.
From the sworn statement of the Swedish prosecutor to the British courts: "Subject to any matters said by him, which undermine my present view that he should be indicted, an indictment will be launched with the court thereafter. It can therefore be seen that Assange is sought for the purpose of conducting criminal proceedings and that he is not sought merely to assist with our enquiries."
The questioning is indeed a legal requirement to move the case forward, don't get me wrong. But it's not the point. The point is to åtala him.
Neither Assange nor anyone else will ever be "charged" with rape in Sweden because, it should go without saying, "charge" is an English term and the Swedish judicial system uses Swedish. This may sound like pedantics but it's a key point. The two terms in question here in Swedish law are "anklagad" and "åtalad". Look them up in a Swedish dictionary - there's about a dozen different ones online. Each word can mean "accused", "charged", or "indicted" - but there is a difference in a legal sense.
Being formally anklagad is the first stage. The prosecutor brings said charge to a court of law, where a judge issues warrants for the accused's arrest. The accused can appeal being anklagad to have the warrant overturned and have a court hear their case. They can even appeal that ruling, all the way up to the Swedish Supreme Court. What it doesn't lead directly to is a trial. That is what being åtalad is for. In fact, once åtalad, the accused *must* be tried within a matter of weeks, by Swedish law. Being anklagad is to attempt to get the person in custody so that they can be åtalad. Being åtalad is to attempt to convict the person.
Assange *has* been formally anklagad. The prosecutor took the case and evidence to a judge, who reviewed it and issued warrants for his arrest. A EAW was issued because being anklagad is legally considered equivalent to being charged for the purposes of a warrant. Assange appealed to the Svea Court of Appeals, where a full court hearing was held, including testimony from his lawyers and a full review of all of the evidence. [i]He lost[/i]. The court found probable cause that he commited 1 count of unlawful sexual coersion, 2 counts of molestation, and 1 count of rape. He appealed to the Supreme Court. They refused his appeal, having found nothing wrong with the lower court trial.
Assange, is of course, pretending that only being åtalad means being charged. But he *can't* be åtalad until he hands himself over to Swedish custody. In short, he's using his very run from the law to justify his run from the law.
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But Julian gets a pass. Bill has done far more good in his life than this guy. If you have a standard, apply it to all.
There is a huge number of rapists in the world (1 in 16 college men, according to Lisak and Miller, 2002, will admit to having raped someone if you ask them anonymously and don't use the word "rape"), and I have no particular reason to doubt the accusations leveled against Assange.
Who's paying his room and board, and how can I live so easy in somebody else's house?
“He’s not deformed, he’s just drunk!”
How long is the statute of limitations on rape in Sweden?
Yeah, I know it's a crass question...and presumably even if he hits that point they (the U.S.) will still manage to grab him somehow.
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Nothing has stopped the prosecutor from travelling to UK to question him, something that has been requested for *years*. Yet the prosecutor could travel to Prague to question a suspected murderer. But then, that guy wasn't famous. Funny, that.
"Wait. Something's happening. It's opening up! My God, it's full of apricots!"
You have no reason to doubt them, except for the fact that the two women who made the allegations retracted them as false and the investigation was formally closed.
Also, flamebait? Really mods? This is pathetic.
The investigation was formally closed after the two women retracted their allegations as false.
What exactly do you propose they want him for now?
For someone who thinks they know so much about this, it's pitiful that you don't recognise that he's in a foreign embassy in the UK. Seriously, the fact you didn't know that speaks volumes of your hubris. Didn't God say something about not bearing false witness? Or is that fine when it's for a good cause?
Grow up.
. . . a Swedish prison is probably NICER than the place he is staying now and his time in custody would count toward any sentence he might receive.
Assange is truly living in a prison built by his own mind, locked in his cell not by jailers, but by his own paranoia and megalomania.
You're implying that they're somehow afraid of anyone who's sympathetic with assange, which is totally laughable. Same old paid troll garbage.
The story of every Assange thread. This is what happens to enemies of the state, be it Greenwald or Assange.
Yes, we know, because we know that Anna Ardin is more or less working for the CIA or at least various institutions that have a proven connection to the CIA - it's clear to anyone who can add 1+1.
"If he didn't want to be charged with a fairly serious CRIME, then don't commit the crime".
Have you ever heard of the "presumption of innocence"? It is morally and legally wrong to imply that Assange committed any crime, until he has been convicted in a court of law.
I am sure that there are many other solipsists out there.
The investigation was continued by another prosecutor at the insistence of the women. The charges are the same.
much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
If they plan to change and try him after the formal interview it doesn't help if he is in the embassy in the UK instead of Sweden. In fact leaving him in the embassy in the UK thwarts justice.
much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
If they plan to charge and try him after the interview then he needs to be in Sweden, not in the embassy in the UK. Funny? Not so much.
much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
Have you ever heard of the "presumption of innocence"? It is morally and legally wrong to imply that Assange committed any crime, until he has been convicted in a court of law.
For some reason that presumption rarely seems to be honored for the people that Assange steals or traffics in secrets from. Same goes for Snowden.
much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
Because then he becomes even more irrelevant than he already is.
Come on. There's nothing immoral in saying that Assange committed sex crimes, given evidence (which seems pretty strong, from where I sit). It would be immoral to deprive him of rights based on that, before conviction.
"When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
Do you really think a foreign embassy would keep the CIA out? They might try, but if the US wanted to do any extraordinary rendition they wouldn't let a little thing like that stop them. It's only Ecuador, after all, not a country the US has to respect. As far as extradition to the US goes, the US could have filed that while Assange was in the UK and before he headed for the embassy.
"When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
WTF does the NSA have to do with any of this?
"When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
He has been questioned on those charges, so where's the trial?
And Sweden regularly questions people over the phone or internationally where convenient, yet refuses to do so for this case. Why?
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Ecuador is playing games. They know how the Swedish legal system works and are exploiting people's ignorance of the order in which the steps occur. First comes the interview, then the charges. They know that. Like I wrote, Ecuador is playing games if they actually stated that.
much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
Sorry, but no. Those claims are often made against specific people, so where is that presumption of innocence?
much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
He hasn't been questioned by the current prosecutor. The trial, if any, would follow charges, and those would follow questioning by the current prosecutor. Not complicated.
Why bring him back to Sweden? You don't suppose it could be due to the likelihood of going forward with a trial, do you? That's hard to do if Assange isn't there. I also seem to recall someone posting that a clock starts ticking once he is actually charged - speedy trial and all that - and Assagne could run out the clock by staying in the embassy.
much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
Courts trying to rule in this matter is as pathetic as participating in a one night stand.
One night stands are all about high risk behaviour.
I always make clear I want at least three weeks of relation and want to get to know family.
Yeah, I once got thrown out after exactly three weeks of pussy eatin'...because my penis was not big enough for her.
Go on talking about conditional consent anyway.
It doesn't matter how thin you slice that, it is still baloney.
The boring truth about those Julian Assange smears
If any of these bozos did twenty minutes of research, they might have found Ardin's blog - "my feminist reflections and comments on animal rights, Swedish politics and Cuba from a political scientist, Christian left and long distance runner" - and read her post, with the help of a Scandinavian comrade or Google Translate, "Våldtäkt en del av mäns makt" - rape [is] a part of men's power. Or they would have seen this article from Ardin's days at Uppsala University, where she, in her role as some sort of equality watchdog, denounced the tradition of singing ribald student songs, which included "references to genitalia and serious sexual content," as "offensive and stereotypical." She is, in other words, rather sensitive on gender issues. Or this blog post on how one can exact "legal revenge" on men who have been "unfaithful." According to The Guardian, sources close to the investigation claim that she filed a complaint because Assange didn't wear a condom during sex. So the boring truth is that Assange didn't come up against a CIA conspiracy, but the rather broad Swedish conception of what constitutes a sexual crime.
much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
Trials in absentia are common. Does Sweden not perform them? Does Sweden guarantee a speedy trial? In the US, the rules around it allow for defense delays, but not prosecutorial. So holding back trial because the defendant is evading arrest is a valid reason to delay a trail indefinitely.
Learn to love Alaska