Swedish Judicial Authority v Julian Assange
Encyclopedia
Swedish Judicial Authority v Julian Assange is the set of legal proceedings relating to claims that Julian Assange
committed sexual offences in Sweden.
When an arrest warrant was issued in November 2010, Assange had been living in England
for 1-2 months. An extradition
hearing took place in an English court in February 2011 to consider an application by Swedish authorities for the extradition of Assange to Sweden
. The outcome of the hearing was announced on 24 February 2011, when the extradition warrant was upheld. Assange appealed to the High court
and on 2 November 2011 the court upheld the extradition decision and rejected all four grounds for the appeal as presented by Assange's legal representatives. £19,000 costs was also awarded against Assange. A decision will be taken on 5 December as to whether Assange will be granted permission by the High Court to appeal to the Supreme Court
. If permission is refused, by both of the High Court and the Supreme Court, Assange will be extradited to Sweden within 10 days of the final decision. Assange denies the allegations, and remains on conditional bail in the United Kingdom.
and a 31-year-old in Stockholm
.
In answer to questions surrounding the incidents, the following day, Chief Prosecutor Eva Finné declared, "I don't think there is reason to suspect that he has committed rape." However, Karin Rosander, from the Swedish Prosecution Authority, said Assange remained suspected of molestation. Police gave no further comment at that time, but continued to investigate.
After learning of the investigation, Assange said, "The charges are without basis and their issue at this moment is deeply disturbing."
On 30 August, he was questioned by the Stockholm police. He denied the allegations, saying he had consensual sexual encounters with the two women.
Claes Borgström
, the attorney who represents the two women, appealed against the decision to drop part of the investigation. On 1 September 2010, the Swedish Director of Public Prosecution Marianne Ny decided to resume the preliminary investigation concerning all of the original allegations.
On 18 November 2010, prosecutor Marianne Ny asked the local district court for a warrant for the arrest of Assange in order for him to be interviewed by the prosecutor. As he was now living in England, the court ordered him detained (häktad) in absentia. On appeal the Svea Court of Appeal
upheld the warrant, on suspicion of rape, olaga tvång (duress/unlawful coercion) and two cases of sexuellt ofredande, which has been translated as "sexual molestation", (in the Certified European Arrest Warrant of 6 December 2010) "sexual assault", (in the Extradition Ruling of 24 February 2011) and "sexual misconduct", "sexual annoyance", "sexual unfreedom", "sexual misdemeanour" and "sexual harassment" in the press. The Supreme Court of Sweden
decided not to consider a further appeal as no principle was at stake. On 6 December 2010, Scotland Yard notified Assange that a valid European arrest warrant
had been received.
Assange has not yet been formally charged with any offence; the prosecutor said that, in accordance with the Swedish legal system
, formal charges will be laid only after extradition and a second round of questioning.
the next morning and was remanded to London
's Wandsworth Prison.
On 16 December, he was granted bail with bail conditions of residence at Ellingham Hall, Norfolk
and wearing of an electronic tag
. Bail was set at £240,000 surety
with a deposit of £200,000 ($312,700).
On release on bail, Assange said "I hope to continue my work and continue to protest my innocence in this matter," and told the BBC, "This has been a very successful smear campaign and a very wrong one." He claimed that the extradition proceedings to Sweden were "actually an attempt to get me into a jurisdiction which will then make it easier to extradite me to the US." Swedish prosecutors have denied the case has anything to do with WikiLeaks.
sitting at Belmarsh Magistrates' Court in London. Assange's lawyers at the extradition hearing were Geoffrey Robertson
QC
and Mark Stephens (solicitor)
, human rights specialists, and the prosecution was represented by a team led by Clare Montgomery QC. Arguments were presented to whether: the Swedish prosecutor had the authority to issue a European Arrest Warrant; the extradition was requested for prosecution or interrogation; the alleged crimes qualified as extradition crimes; there was an abuse of process; his human rights would be respected and he would receive a fair trial if extradited to Sweden.
Assange commented after the decision to extradite him, saying "It comes as no surprise but is nevertheless wrong. It comes as the result of a European arrest warrant system run amok."
in London, to challenge the decision to extradite him to Sweden. Assange remains on conditional bail. The appeal hearing took place on 12-13 July 2011 at the High Court in London. The judges' decision was reserved and a written judgment was delivered on 2 November 2011, dismissing the appeal.
Julian Assange
Julian Paul Assange is an Australian publisher, journalist, writer, computer programmer and Internet activist. He is the editor in chief of WikiLeaks, a whistleblower website and conduit for worldwide news leaks with the stated purpose of creating open governments.WikiLeaks has published material...
committed sexual offences in Sweden.
When an arrest warrant was issued in November 2010, Assange had been living in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
for 1-2 months. An extradition
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
hearing took place in an English court in February 2011 to consider an application by Swedish authorities for the extradition of Assange to Sweden
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
. The outcome of the hearing was announced on 24 February 2011, when the extradition warrant was upheld. Assange appealed to the High court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
and on 2 November 2011 the court upheld the extradition decision and rejected all four grounds for the appeal as presented by Assange's legal representatives. £19,000 costs was also awarded against Assange. A decision will be taken on 5 December as to whether Assange will be granted permission by the High Court to appeal to the Supreme Court
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...
. If permission is refused, by both of the High Court and the Supreme Court, Assange will be extradited to Sweden within 10 days of the final decision. Assange denies the allegations, and remains on conditional bail in the United Kingdom.
Complaints and Investigation
On 20 August 2010, two women came to Swedish police inquiring whether it was possible to require that Julian Assange be submitted to an HIV-test. Within the filed report, the police officers found signs of sexual misconduct. In response, the police opened an investigation. The women involved were a 26-year-old in EnköpingEnköping
Enköping is a locality and the seat of Enköping Municipality, Uppsala County, Sweden with 20,204 inhabitants in 2005.- Geography :Enköping is situated near Lake Mälaren, about 78 km west of Stockholm....
and a 31-year-old in Stockholm
Stockholm
Stockholm is the capital and the largest city of Sweden and constitutes the most populated urban area in Scandinavia. Stockholm is the most populous city in Sweden, with a population of 851,155 in the municipality , 1.37 million in the urban area , and around 2.1 million in the metropolitan area...
.
In answer to questions surrounding the incidents, the following day, Chief Prosecutor Eva Finné declared, "I don't think there is reason to suspect that he has committed rape." However, Karin Rosander, from the Swedish Prosecution Authority, said Assange remained suspected of molestation. Police gave no further comment at that time, but continued to investigate.
After learning of the investigation, Assange said, "The charges are without basis and their issue at this moment is deeply disturbing."
On 30 August, he was questioned by the Stockholm police. He denied the allegations, saying he had consensual sexual encounters with the two women.
Claes Borgström
Claes Borgström
Claes Gustaf Borgström is a Swedish lawyer and Social Democratic politician.- Education and career :Borgström earned a law degree from Stockholm University in 1974. Thereafter he started to work as a lawyer. He has worked on several high-profile criminal cases, most notably as a defence counsel...
, the attorney who represents the two women, appealed against the decision to drop part of the investigation. On 1 September 2010, the Swedish Director of Public Prosecution Marianne Ny decided to resume the preliminary investigation concerning all of the original allegations.
Arrest warrant
On 18 August 2010, Assange applied for a work and residence permit in Sweden. He left Sweden on 27 September 2010. On 18 October 2010, his request was denied.On 18 November 2010, prosecutor Marianne Ny asked the local district court for a warrant for the arrest of Assange in order for him to be interviewed by the prosecutor. As he was now living in England, the court ordered him detained (häktad) in absentia. On appeal the Svea Court of Appeal
Svea Court of Appeal
The Svea Court of Appeal , located in Stockholm, is one of six appellate courts in the Swedish legal system. It was founded in 1614 and was the highest court in Sweden until 1789, when the Supreme Court of Sweden was established....
upheld the warrant, on suspicion of rape, olaga tvång (duress/unlawful coercion) and two cases of sexuellt ofredande, which has been translated as "sexual molestation", (in the Certified European Arrest Warrant of 6 December 2010) "sexual assault", (in the Extradition Ruling of 24 February 2011) and "sexual misconduct", "sexual annoyance", "sexual unfreedom", "sexual misdemeanour" and "sexual harassment" in the press. The Supreme Court of Sweden
Supreme Court of Sweden
The Supreme Court of Sweden is the supreme court and the third and final instance in all civil and criminal cases in Sweden. Before a case can be decided by the Supreme Court, leave to appeal must be obtained, and with few exceptions, leave to appeal can be granted only when the case is of...
decided not to consider a further appeal as no principle was at stake. On 6 December 2010, Scotland Yard notified Assange that a valid European arrest warrant
European Arrest Warrant
The European Arrest Warrant is an arrest warrant valid throughout all member states of the European Union . Once issued by a member state, it requires the receiving member state to arrest and transfer a criminal suspect or sentenced person to the issuing state so that the person can be put on...
had been received.
Assange has not yet been formally charged with any offence; the prosecutor said that, in accordance with the Swedish legal system
Judicial system of Sweden
The judicial system of Sweden consists of the law of Sweden and a number of government agencies tasked with upholding security and rule of law within the country...
, formal charges will be laid only after extradition and a second round of questioning.
Detention and bail
Assange presented himself to the Metropolitan PoliceMetropolitan police
Metropolitan Police is a generic title for the municipal police force for a major metropolitan area, and it may be part of the official title of the force...
the next morning and was remanded to London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
's Wandsworth Prison.
On 16 December, he was granted bail with bail conditions of residence at Ellingham Hall, Norfolk
Ellingham Hall, Norfolk
-External links:* *...
and wearing of an electronic tag
Electronic tagging
Electronic tagging is a form of non-surreptitious surveillance consisting of an electronic device attached to a person or vehicle, especially certain criminals, allowing their whereabouts to be monitored. In general, devices locate themselves using GPS and report their position back to a control...
. Bail was set at £240,000 surety
Surety
A surety or guarantee, in finance, is a promise by one party to assume responsibility for the debt obligation of a borrower if that borrower defaults...
with a deposit of £200,000 ($312,700).
On release on bail, Assange said "I hope to continue my work and continue to protest my innocence in this matter," and told the BBC, "This has been a very successful smear campaign and a very wrong one." He claimed that the extradition proceedings to Sweden were "actually an attempt to get me into a jurisdiction which will then make it easier to extradite me to the US." Swedish prosecutors have denied the case has anything to do with WikiLeaks.
Extradition hearing
The extradition hearing took place on 7–8 and 11 February 2011 before the City of Westminster Magistrates' CourtCity of Westminster Magistrates' Court
The City of Westminster Magistrates' Court was a magistrates' court located at 70 Horseferry Road, in the City of Westminster, London. It was originally called Horseferry Road Magistrates' Court, after Horseferry Road where it was sited,. However, it was renamed in July 2006 following the closure...
sitting at Belmarsh Magistrates' Court in London. Assange's lawyers at the extradition hearing were Geoffrey Robertson
Geoffrey Robertson
Geoffrey Ronald Robertson QC is an Australian-born human rights lawyer, academic, author and broadcaster. He holds dual Australian and British citizenship....
QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
and Mark Stephens (solicitor)
Mark Stephens (solicitor)
Mark Howard Stephens CBE is a British solicitor specialising in media law, intellectual property rights and human rights with the firm Finers Stephens Innocent...
, human rights specialists, and the prosecution was represented by a team led by Clare Montgomery QC. Arguments were presented to whether: the Swedish prosecutor had the authority to issue a European Arrest Warrant; the extradition was requested for prosecution or interrogation; the alleged crimes qualified as extradition crimes; there was an abuse of process; his human rights would be respected and he would receive a fair trial if extradited to Sweden.
Extradition decision
The outcome of the hearing was announced on 24 February 2011, when the extradition warrant was upheld. Senior District Judge Howard Riddle found against Assange on each of the main arguments against his extradition. The judge said "as a matter of fact, and looking at all the circumstances in the round, this person (Mr Assange) passes the threshold of being an accused person and is wanted for prosecution." Judge Riddle concluded: "I am satisfied that the specified offences are extradition offences."Assange commented after the decision to extradite him, saying "It comes as no surprise but is nevertheless wrong. It comes as the result of a European arrest warrant system run amok."
Current status of proceedings
On 2 March 2011, Assange's lawyers lodged papers at the High CourtHigh Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
in London, to challenge the decision to extradite him to Sweden. Assange remains on conditional bail. The appeal hearing took place on 12-13 July 2011 at the High Court in London. The judges' decision was reserved and a written judgment was delivered on 2 November 2011, dismissing the appeal.
See also
- European Arrest Warrant (EAW)European Arrest WarrantThe European Arrest Warrant is an arrest warrant valid throughout all member states of the European Union . Once issued by a member state, it requires the receiving member state to arrest and transfer a criminal suspect or sentenced person to the issuing state so that the person can be put on...
- Extradition Act 2003Extradition Act 2003The Extradition Act 2003 is an Act of the Parliament of the United Kingdom. It came into force on 1 January 2004 and all import and export extradition requests submitted or received from this date are covered by the Act...