Assange extradition: what next for Wikileaks founder?

Julian Assange’s legal battle has taken a new direction overnight, with the UK Supreme Court ruling in favour of his extradition to Sweden following the issue of a European arrest warrant in November 2010. This decision marks the culmination of an 18-month legal proceeding in Britain, but it is surely…

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The UK Supreme Court has ruled in favour of extraditing Julian Assange. EPA/Kerim Okten

Julian Assange’s legal battle has taken a new direction overnight, with the UK Supreme Court ruling in favour of his extradition to Sweden following the issue of a European arrest warrant in November 2010.

This decision marks the culmination of an 18-month legal proceeding in Britain, but it is surely not the last twist of Assange’s legal fate.

To understand the legal basis of the ruling, The Conversation spoke to Professor of International Law at Australian National University Donald R Rothwell.


Could you provide a brief explanation of what happened in the trial?

Mr Assange was appealing against the issuing of a European arrest warrant, which would have resulted in his extradition from the United Kingdom to Sweden for questioning in relation to sexual assault charges.

Mr Assange’s appeal to the UK Supreme Court revolved around a legal question as to whether or not the Swedish prosecutor, who issued the arrest warrant, was for the purposes of English law and European law a competent judicial authority.

By a five to two decision, the UK Supreme Court dismissed the appeal and found that the Swedish prosecutor was a competent judicial authority for those purposes.

Is there a legal precedent for questioning judicial authority in extradition proceedings?

The UK Supreme Court decision does refer to precedent on this point within the European Union and makes direct reference to a decision of the Italian Courts.

However, there was no previous decision on this point in English law, and this was the basis upon which Assange sought to mount his legal appeal to the court.

If Assange were extradited to the U.S from Sweden, would Britain have legal grounds to intervene?

Once Assange is extradited to Sweden he will be subject to legal processes in that country. As Assange is not a British citizen, Britain will relinquish any legal control over him during that point in time.

If Assange is to take proceedings to the European Court of Human Rights, what would be his legal case?

There may be two possible grounds for a case to go before the European Court of Human Rights.

The first would be on the interpretation issue that the UK Supreme court was addressing, which goes to the ability of a prosecutor to issue a European arrest warrant

The second issue may well relate to whether Assange’s Human Rights in a broader sense have been infringed as a result of this process.

What next for Assange?

If Assange is extradited to Sweden there are three possible outcomes.

The first is that the Swedish prosecutor, upon questioning Assange, determines that he has no case to answer.

The second is that Assange is charged, faces trial, and then is acquitted of charges brought against him.

The third option would be that he faces trial and is convicted of the charges brought against him. In which case he would inevitably face some jail term in Sweden.

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12 Comments sorted by

  1. Marilyn Shepherd

    pensioner

    So as Assange is not a British citizen how can he be subject to a European arrest warrant and how can a warrant even be executed just for interviewing someone?

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    1. Yoron Hamber

      Thinking

      In reply to Marilyn Shepherd

      It's a political cause firstly, and I guess those wanting to statue a warning example will use whatever means possible, but it sux terribly to find Sweden being the tool for it.

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  2. Anthony Nolan

    Ruminant

    Aaah, I think there might be a fourth possibility on extradition to Sweden which is that Assange gets to view Sweden briefly out of the window as the plane heads towards the USA. Gillard, Roxon and Carr will wring their hands and weep bitterly at it all but point out just how powerless they are to intervene.

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    1. Colin MacGillivray

      Retired architect

      In reply to Anthony Nolan

      Since it has taken this long to get near to his extradition to Sweden it wouldn't it take a similar time, surely, to get extradition to the US? I know little about Sweden or its government but kowtowing to the US on an issue like this would appear to be a bad move. It would leave a permanent black mark against what it perceived to be a reasonable and enlightened nation. Assange just published stuff and no one has died despite US prophecies.

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    2. Wei Ling Chua

      Freelance Journalist (night passion) at Self-Employed: Picture Framing/Wholesales

      In reply to Anthony Nolan

      Anthony, Julian Assange is doing humanity a favor by exposing the senseless killing of civilians by the US and NATO forces in Iraq and Afghan. Australian government should be proud of him and protect him. However, as usual, their royalty is with the US and UK not the Australian people. What the politicians know about the case: http://kangaroocourtofaustralia.com/2012/05/31/julian-assange-and-wikileaks-what-australian-politicians-know/;

      Unfortunately, Assange is a western dissident, he does not…

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    3. Anthony Nolan

      Ruminant

      In reply to Wei Ling Chua

      Yes W Chua. I am very concerned for his well being should he be extradited to Sweden. We will lose a major voice for freedom of information and open democracy.

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    4. Anthony Nolan

      Ruminant

      In reply to Colin MacGillivray

      Colin,

      Apparently Sweden has some unusual extradition arrangements, with the US at least, whereby the process is remarkably quick; apparently it takes the form of the wanted person being "loaned" to the pursuing nation. Also of note is that Sweden has already co-operated with two "renditions" post 9/11; Karl Rove is reported to be very close to Swedish ruling circles.

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  3. William Bruce

    Artist

    SBS PBS Newshour at approx. 5.15 pm last night wrongly stated that Assange lost his appeal to "be extradited to Sweeden on Rape Charges".

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  4. William Bruce

    Artist

    Isn't one of these women claiming the abuse from CIA or Ex CIA?

    The US Ambassador to Oz, Jeff Bleich, has publicly stated that the US "has no interest in Assange" ....so why, if they really want to "assist" Assange, hasn't Carr & Gillard done the right thing, and asked USA to"confirm this and put it in writing"?....
    The USA must be at least asked to commit that they will not pursue Assange further?

    Or perhaps, it is high treason in Canberra or, are we are not Sovereign?

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  5. Chris Allen

    logged in via Facebook

    Wouldn't it be a bit less paranoid to just assume that justice will be carried out in Sweden? Assange and his supporters are whiney bitches with overinflated self-importance, the kind of minds that are unhinged from furious onanism over Pilger novels.

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    1. Yoron Hamber

      Thinking

      In reply to Chris Allen

      As a swede I've followed the presentation in Swedish newspapers and they all seem biased against Assange? As for him being arrogant I agree but as for him being a rapist I do not.. That's a joke, and a bad one. As for the girls being some sort of undercover agents? I don't know? That sounds so weird, thinking that ordinary Swedish, just as arrogant in their own ways though, girls would be that?

      Against that is the fact that one of them, and the one that seems to have been pushing most for this…

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    2. Yoron Hamber

      Thinking

      In reply to Yoron Hamber

      But we then would have to include the British justice system, as being question able too, all as I see it.

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