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WikiLeaks' Julian Assange Asks UK Judge to Drop His Arrest Warrant (theguardian.com)

An anonymous reader quotes the Guardian: WikiLeaks founder, Julian Assange, has asked a UK court to drop the arrest warrant that prevents him from leaving the Ecuadorian embassy in London, where he has been living for five and a half years. Assange, 46, skipped bail to enter the embassy in 2012 in order to avoid extradition to Sweden over allegations of sexual assault and rape, which he denies... Mark Summers QC told senior district judge Emma Arbuthnot at Westminster magistrates court on Friday that now that the Swedish case had been dropped the warrant had "lost its purpose and its function". He said because Swedish extradition proceedings against Assange had come to an end, so had the life of the arrest warrant... Arbuthnot said she would give her judgment about the arrest warrant on 6 February.
Judge Arbuthnot said she'd rule only on the legal issue, though the court had also received evidence about medical problems which included "a terrible bad tooth, frozen shoulder and depression."

Representing the Crown Prosecution Service, Aaron Watkins it would be absurd for defendants to be "rewarded with effective immunity" simply for having evaded proceedings for long enough.

27 of 229 comments (clear)

  1. Re: Breaking the law. by Hal_Porter · · Score: 3, Informative

    He was in the UK until he stepped over the threshold to the Ecuadorian embassy.

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  2. Re:Breaking the law. by Computershack · · Score: 5, Interesting

    He skipped bail, that is what the arrest warrant is for in the UK. It is nothing to do with extradition, it is nothing to do with the now discontinued EAW.

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  3. Re:Breaking the law. by Dan667 · · Score: 5, Insightful

    to be fair the charges against him were a thinly veiled attempt to extradite him to the US. It has very little to do about breaking the law.

  4. The UK arrest warrant is still valid. by Computershack · · Score: 5, Interesting

    The UK arrest warrant has nothing to do with the European Arrest Warrant. The UK one is for skipping bail. It doesn't matter whether or not the Swedish government is still pursuing him, he has committed a crime in the UK which is an arrestable offence regardless of his innocence of the charge he was facing.

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    1. Re:The UK arrest warrant is still valid. by Hal_Porter · · Score: 4, Informative
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    2. Re:The UK arrest warrant is still valid. by vux984 · · Score: 3, Interesting

      Precisely correct.

      But at the same time it is a bit ridiculous. Legally the magnitude of his crime is skipping bail for an arrest for a crime in another country that has been dropped.

      Why are they still maintaining a round the clock covert monitoring of his actions so they can arrest him the moment he steps out of the embassy? Lots of people skip bail. Their's a whole industry of 'bounty hunters' to round them up. And the vast majority of THOSE bail jumpers have been convicted or are still wanted for actual crimes against citizens in the country in question. Where is the multi-year multi-million dollar operation to find them and bring them in?

      Yes, Assange is guilty of skipping bail. But he is clearly still being singled out in a way that defies all proportion and sense. If the Ecuadorian embassy wanted to transport 50 other bail jumpers out of the country on a diplomatic flight, the UK government wouldn't even so much as bat an eye... good riddance they'd say.

      Years under effective house arrest, and then effective deportation, with an automatic arrest if he ever comes back... isn't that 'good enough' justice for the harm to Britain and British citizens by his skipping bail for an international warrant for a crime that was dropped?

    3. Re:The UK arrest warrant is still valid. by Hal_Porter · · Score: 3, Interesting

      The UK government basically has three options

      1) Close the embassy, expel the diplomats and arrest Assange as his diplomatically protected bubble evaporates.
      2) The status quo where they keep a watch on the embassy and arrest him if he leaves
      3) Allow him to leave unmolested.

      I think 1) is dangerous because it would allow foreign governments to do the same to arrest a fugitive who took refuge in a UK embassy and claim this case as a precedent, so they've decided not to do it. Also 1) implies the UK will probably lose diplomatic relations with Ecuador. British personnel would be expelled from the British embassy there. Some might be arrested or otherwise harassed. The Foreign Office is a cautious place and would probably advise the government this is opening a can of worms. The UK did close one embassy and expel the diplomats but that was in a very extreme situation where Libyan diplomats literally murdered a UK policewoman. Merely shielding Assange doesn't justify such extreme measures.

      If the UK allows Assange to avoid justice by spending a couple of years in the Ecuadorian embassy then it would be setting a precedent that anyone (in)famous enough to get in there would be literally above the law which rules out 3)

      So they've decided on 2) by a process of elimination. Sure there are costs to it in police time but it's better than the other two. Assange is locked up, just in better conditions than he probably deserves. And if he doesn't like that he's free to come out, get prosecuted for skipping bail, serve his time and get deported.

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    4. Re:The UK arrest warrant is still valid. by vux984 · · Score: 2

      agreed on '1)'

      "If the UK allows Assange to avoid justice by spending a couple of years in the Ecuadorian embassy then it would be setting a precedent that anyone (in)famous enough to get in there would be literally above the law which rules out 3)"

      No, not really. If he'd fled the country instead of to the embassy. (which in many respects is the same thing), then he'd simply be beyond the reach of arrest unless and until he came back. This is pretty elementary; thousands of people have outstanding warrants who have fled the country; and unless the crime rises to a level where its worth pursuing international warrants; and he happens to hide in an extradition treaty country -- then fleeing a country and living in exile has always been something one can get away with for small crimes. The police don't normally spend a lot of time worrying about it.

      Further letting assange go wouldn't set a meaningful precedent. This isn't case law; they can handle it differently if or when actual serial killer attempts to try it.

    5. Re:The UK arrest warrant is still valid. by AmiMoJo · · Score: 2

      Considering he has been effectively incarcerated longer than any possible sentence he might face, and that it's cost the country many millions of Pounds, there does seem to be little purpose in pursuing any prosecution.

      Even if convicted he likely wouldn't serve any time. There is no public interest in keeping him at the embassy.

      --
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  5. Re: Breaking the law. by nojayuk · · Score: 2

    Julian Assange is still in the UK. The Equadorian embassy and its grounds are still British territory but the British government has limited powers under assorted diplomatic agreements codified in law to enter and otherwise interfere with what went on there.

    It's a subtle distinction but important. When the US missiled the Chinese embassy in Belgrade its wasn't treated as the starting of a war between the US and China like the Pearl Harbor attack in 1941, it was an attack on Belgrade territory.

  6. Re: Breaking the law. by Hal_Porter · · Score: 5, Informative

    Oh I agree. My point is that people saying he 'was in Ecuador' are wrong. He was in the UK. I actually thought embassies were the territory of the country who run them but it turns out that is not the case

    The UK can't easily[1] arrest him in the Ecuadorian embassy but he's still in the UK.

    And he skipped bail, which is illegal. So if he came out he'd be immediately arrested.

    [1] There are various ways it could arrest him, but they probably mean severing diplomatic relations with Ecuador which the UK government in unwilling to do. In practice unless the embassy is closed and all the diplomats expelled he's probably safe from arrest. However accepting that is not the same as accepting that he can leave without being arrested.

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  7. Re:Assange's position is absurd by ISoldat53 · · Score: 2

    Make him show up in person to argue this release.

  8. Re: Breaking the law. by Anonymous Coward · · Score: 2, Insightful

    It was self defense. The papers and badges are bullshit. He was running from kidnappers with guns.

  9. Statute of Limitations by chill · · Score: 3, Informative

    Representing the Crown Prosecution Service, Aaron Watkins it would be absurd for defendants to be "rewarded with effective immunity" simply for having evaded proceedings for long enough.

    Isn't that the way things normally happen, except for crimes like murder? In the United States it is called the Statute of Limitations.

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    1. Re:Statute of Limitations by thegarbz · · Score: 3, Informative

      Notice from your own link that the limitations apply to when a claim can be filed. To be clear the claim was filed against him a long time ago. Statute of Limitations no longer applies.

    2. Re:Statute of Limitations by Black+Diamond · · Score: 2

      Except that when you flee from justice the clock doesn't run out on the statue of limitations. Otherwise Roman Polanski would be able to come back to the US.

  10. Re:Assange's position is absurd by Hal_Porter · · Score: 4, Informative

    Of course there is that part where the so called "rape charges" where absolute bullshit.

    Not true

    https://www.newstatesman.com/d...

    One: "The allegation of rape would not be rape under English law"
    This is flatly untrue. The Assange legal team argued this twice before English courts, and twice the English courts ruled clearly that the allegation would also constitute rape under English law.

    (See my post at Jack of Kent for further detail on this.)

    http://jackofkent.com/2012/06/...

    The Magistrates' Court ruled (emphasis added):

    The position with offence 4 is different. This is an allegation of rape. The framework list is ticked for rape. The defence accepts that normally the ticking of a framework list offence box on an EAW would require very little analysis by the court. However they then developed a sophisticated argument that the conduct alleged here would not amount to rape in most European countries. However, what is alleged here is that Mr Assange "deliberately consummated sexual intercourse with her by improperly exploiting that she, due to sleep, was in a helpless state". In this country that would amount to rape.

    Just for the record, be very careful with women if you visit Sweden. Pressing false rape-charges is apparently a thing these days, even if you're not famous.

    Bullshit. I've been to Sweden and dated women there. So long as you don't rape anyone you'll won't be charged with rape. What got Assange on trouble was that he was dating someone who consented to sex with a condom. They slept in the same bed. He woke her up having sex without a condom. She wanted him to get an aids test. He refused. She went to the police. He got charged with rape. And the UK courts ruled that since what he did in Sweden would count as rape if he had done it in the UK, he could be extradited. Then he skipped bail.

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  11. Re: Breaking the law. by Hal_Porter · · Score: 2

    Look it doesn't matter if the Ecuadorian embassy is Ecuadorian territory or not. Assange broke UK law, in the UK, when he broke his bail conditions.

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  12. Re: Oh, he's got a "terrible bad tooth"? by dcollins117 · · Score: 2

    Clinical depression has a biologic basis. It seems like you think it is based on his circumstances. His bad tooth is particularly unfortunate since he is in the UK where they haven't yet discovered dentistry.

  13. Re: Breaking the law. by Hal_Porter · · Score: 3, Interesting

    And its absurd to say just because someone broke UK law they should be held to account. I break Chinese law all the time when I criticize the Chinese government. I've never been to China though so why should I be held to account for unconscionable laws or under an unconscionable state such as the UK where you can't possibly get a fair trial?

    That's a ridiculous thing to say. Criticizing China outside of China is not the same as going to Sweden and raping someone.

    Assange committed offences in Sweden that met the dual criminality test they needed to meet for him to be extradited.

    If Assange didn't think he could get a fair trial in Sweden or the UK then he shouldn't have visited them and broke the law.

    And any state that prosecutes someone where there is no victim of actual violence is not a conscionable state.

    SW and AA were victims of violence, and the Swedish and British legal systems are doing the right thing in prosecuting Assange.

    The state is violence and the only justification for violence is when acted upon from a reasonable self defense position. ie government attacks you then fighting back is reasonable.

    Well if you think like that then you're going to spend a lot time either in court or in prison.

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  14. For gods sake, just get rid of him by Mr_Silver · · Score: 4, Interesting

    It's costing us, the UK tax payer, about £10k per day for the policing. Quite frankly, it's a colossal waste of money at a time where the amount of public spending available cannot be pissed up the wall on something like this.

    Part of that daily money would be better spent purchasing him a one way ticket to Ecuador, escorting him to Heathrow, onto the aeroplane and then waving him goodbye.

    And then we can go back to spending that kind of money on far far more important things.

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    1. Re:For gods sake, just get rid of him by Mr_Silver · · Score: 2

      Prisoners are found guilty, he's had all the charges against him dropped. A subtle, but rather important, difference.

      In fact, the only thing he's guilty of now is skipping bail and, right now, we're spending £10k a day for a bunch of policemen/women to hang around on the street waiting for him to leave the embassy.

      If you don't think he should be let go then we could, at least, drop the costs of policing and just arrest him the moment he's spotted in public. It's not like we don't have CCTV cameras on almost every corner of almost every street.

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  15. Re:Breaking the law. by AmiMoJo · · Score: 2

    He didn't run away. He was told he could leave Sweden. It was only after he had left that they decided they wanted him back. Even though they routinely question people in other countries, for some reason they wanted him back in Sweden to talk to investigators. No to stand trial, to talk to him.

    It's extremely suspicious. Assange believed it was an attempt to extradite or render him into US custody. He was willing to answer questions in the UK.

    If the Swedish were interested in justice they would have take the many available opportunities to interview him and move the case forward. Instead, they simply let the clock run out.

    --
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  16. Re:TIME SERVED by Motard · · Score: 2

    You fucking moron. The U.K. had him in custody and allowed him to remain in the U.K. under restricted terms until the legal issues played out. They could've handed him over to the U.S. right there. But they didn't.

    The U.S. does not give a shit about this smelly little Aussie, However, Assange has not exactly endeared himself with the Brits.

  17. Re: Breaking the law. by BlueStrat · · Score: 2

    Waits for the UK to extradite and prosecute Franklin Graham for violating UK "hate speech" laws.

    Why would they do that?

    I believe AC above was attempting to point out the absurdity of infinite criminal jurisdiction. If Assange, a citizen of another nation, having never taken any actions either within or without the US, to obtain classified materials but were uploaded to WL by another US individual, if regardless of all that he is under the jurisdiction of and punishable under US domestic law, that such covers citizens of another nation within another nation's borders and legal jurisdiction, then the UK (and every other nation) would have every right to enforce their laws on the citizens of any other nations within those nations. Or, is the US the only nation whose legal jurisdiction covers anywhere and anyone in any nation, crosses any national borders, that they decide it does/they do?

    We used to have names for those sorts of regimes a few decades ago, but they have seemingly vanished from our lexicon since we've grown fat and lazy and allowed our own nation to become one or more of those names. We have met the enemy and they is us, but we just want someone to hate & blame, and certainly don't want to acknowledge our own responsibility for and role in the current situation which is the only way things will ever get better.

    Strat

    --
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  18. Re:Breaking the law. by ag0ny · · Score: 4, Insightful

    Right, so all laws should be ignored.

    What the fuck are you talking about? Is this the level you people have sunk to? Don't put words on other people's mouths.

    Follow the laws of the region you're in. Period.

    If you live in country A performing an activity that's legal where you live, don't expect country B to come after you because such activity is illegal in B's legal system. Why is this so difficult to understand?

    Kim Dotcom, a naturalized New Zealand citizen who has never set foot on the USA, and who was running a business based in NZ, 100% compliant with NZ's laws, is targetted by the US because they didn't like what his business did. Not only that: they destroy his business, seize his assets, and now drag him in a legal battle that's taking him years and millions of dollars to fight.

    How is this fair? The US is the world's biggest fucking bully. Just another corrupt regime. A big one.

  19. Re:Breaking the law. by Agripa · · Score: 2

    But what's the solution? Encourage the government to do a better job, or elect better leaders, or start protesting the megacorps that are pushing tough IP enforcement, or just start breaking the law when convenient?

    Since the people who would have to pass the solution have an interest in not listening to it and not passing it, the only solution is a violent revolution. Voting is irrelevant because voters are not represented. There are no better leaders because they are chosen ahead of time. How many politicians have to be bribed to get what you want? Both of them.