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The Assange/Wikileaks/Manning Thread


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2 minutes ago, LondonLax said:

They have dropped the charges haven’t they?

Not dropped, they can be re-activated - they were stopped because Assange skipped bail and hid in the broom cupboard so the swedish time limit ran out while he was hiding and they couldn't carry on their process. But as Chindie says if the swedes want they can re activate and apply for extradition. I hope they do.

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12 minutes ago, Mozzavfc said:

That's been dropped

The Americans are still very interested on getting their hands on him

 

12 minutes ago, LondonLax said:

They have dropped the charges haven’t they?

As others have said, the investigation was stopped as it became clear the case couldn't be continued while he was hiding out in the Embassy. The Swedes can reactivate the case, and limitation only comes into effect in August next year.

He will be going to Sweden shortly I'd imagine, and he should be too.

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The above analysis is moot to the extent that Assange is now in the London Embassy of Ecuador. If he can get safe passage beyond UK territorial waters and arrive in Ecuador, he would appear safe from the Swedish criminal investigation, let alone any extradition request by the United States.

But subject to this, there appears two possible explanations for why he is seeking to avoid extradition to Sweden.

First, it may be possible that there is a subjective fear of being extradited to the United States from Sweden, based on the mistaken belief that it would be easy to extradite him to the United States.  However, as set out above, even if the United States can get round the First Amendment, Assange would have protections under the Swedish-United States treaty, under ECHR and EU law, and under the domestic law of both Sweden and England. Nonetheless, if he has that fear then this mistaken belief may be sincerely held.

But even taking any subjective fears at their very highest, unless and until there is any extradition request by the United States, then due process of an investigation into allegations of rape and sexual abuse in Sweden must be the priority, and Assange should return to face the accusations.  As it stands the criminal investigation is frustrated and unresolved. And complainants of rape and sexual abuse have rights too.

Then there is the rational explanation. In view of the significant protections he would have against onward extradition to the United States from Sweden, it would appear that the only rational (as opposed to subjective) explanation for his refusal is not that he is seeking to avoid any onwards extradition; it is that he simply wants to avoid interrogation and any prosecution for allegations of sexual assault and rape in Sweden.

The legal myths of Julian Assange

Interesting article by 'the absolute boy' of Brexit, Brummie lawyer David Allen Green, from back in the day. Worth a read.

Incidentally, Assange and Wikileaks doesn't like him...

 

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25 minutes ago, Chindie said:

He will be going to Sweden shortly I'd imagine

According to the bod on Politics Live, he has not only been arrested for failing to surrender but also under an extradition warrant from the USA.

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1 minute ago, snowychap said:

According to the bod on Politics Live, he has not only been arrested for failing to surrender but also under an extradition warrant from the USA.

Would then come down to who gets him first I guess. As the Swedish case is nearly a decade old, you'd think they get first dibs.

Edit - if they choose to chase it. Which surely they would.

Edited by Chindie
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14 minutes ago, Chindie said:

Interesting article by 'the absolute boy' of Brexit, Brummie lawyer David Allen Green, from back in the day. Worth a read.

The guy who would have us believe it's just about the Swedish accusations, and that extradition is a misplaced fear?  Right...

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LONDON (Reuters) - Britain will not extradite WikiLeaks founder Julian Assange to the United States if he faces the possibility of the death penalty there, junior foreign minister Alan Duncan said on Thursday after Assange was arrested in London.

“It is our broad policy in all circumstances, so it equally applies to Julian Assange, that he will not be extradited if he is going to face the death penalty. So that will apply to him,” Duncan told Sky News.

https://uk.reuters.com/article/uk-ecuador-assange-duncan/uk-wont-send-assange-to-u-s-if-he-faces-death-penalty-minister-idUKKCN1RN1DP?rpc=401&

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5 minutes ago, Chindie said:

Would then come down to who gets him first I guess. As the Swedish case is nearly a decade old, you'd think they get first dibs.

Edit - if they choose to chase it. Which surely they would.

I don't know how it works - whether it's first come first served in extradition proceedings or whether it's which case has most weight to it.

If it's the former, if there isn't a current Swedish warrant then the Americans have jumped the queue, one would have thought.

I imagine one of the legal bods on twitter or elsewhere will clear it up soon.

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10 minutes ago, snowychap said:

Erm, didn't 'the Saj' unilaterally drop that? ;)

well, yeah but somehow 'like' did not seem the appropriate response :)

but you know, that was terrorists innit, and we all know they don't deserve any human rights

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18 minutes ago, VILLAMARV said:

Unless they're still after him when we're scrabbling around under the sofa looking for trade deals, in which case we'll swap him for a shipping container full of chlorinated chicken.

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26 minutes ago, VILLAMARV said:

well, yeah but somehow 'like' did not seem the appropriate response :)

but you know, that was terrorists innit, and we all know they don't deserve any human rights

The immediate reaction of UK MPs (mostly of the Tory flavour) has not been much of a step short of this.

Any minister looking to court his party for an imminent(ish) leadership bid will most likely be looking to take advantage of this 'out of the blue' opportunity.

Edit: As per your post above. :D

Edited by snowychap
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17 minutes ago, peterms said:

The guy who would have us believe it's just about the Swedish accusations, and that extradition is a misplaced fear?  Right...

If he's been arrested due to an extradition request to the UK from the USA, doesn't it make a bit of a mockery of earlier claims that he was only going to Sweden because they would send him to the USA?

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