There is no rule of law in Sweden. By Per E Samuelson.
The Julian Assange case has resulted in intensive international criticism of Swedish juridprudence. Law professor Mårten Schults insists there is rule of law in Sweden. But what experience he has of our system with detention, restrictions, protocols for lawyer visits etc he doesn't say. Schultz doesn't know what he's talking about.
It's about time someone familiar with our reality pounds their fist into the table and says it like it is: there is no rule of law in Sweden! In Sweden we have a routine overuse of detention with restrictions. A use that is unnecessary, humiliating, and prevents the accused from preparing their defence.
To start a trial by detaining and isolating the suspect from the world around is appropriate when it comes to hard crimes and when the question of guilt is clear. To treat Anders Breivik in Norway and Anna Lindh's murderer Mijailovic that way is self-evident. Letting them be free before the trial is repugnant and unthinkable.
But if it's a matter of who is telling the truth with two equal well adapted members of society, two non-criminal individuals, then we have to ask why one of the two should be detained and isolated before a trial. The case of Assange is in this category.
The case began in August 2010 with the first police interrogation of Assange. He was a free man then. The prosecutor asked for another interrogation at the end of September and insisted this one take place with Assange locked away in isolation. She's therefore requested Assange be detained, issued a European Arrest Warrant, and requested his extradition. The Stockholm district court and the Svea court of appeal gave her the right to arrest Julian Assange in absentia.
But neither Julian Assange nor the world around can understand this. Why can't even this police interrogation take place with Assange a free man? Assange is not Swedish. He doesn't live in Sweden. He has the whole world as his workplace and he needs to be able to travel freely. Why can't Sweden accept this and summon him to an interrogation without adding a demand for detention and isolation? He'd respond to such a summons. The interrogation would take place. He'd be on his way again. And if there's a trial then he'd return and carry it out. If Sweden had treated the case in that way then it would have been over with long ago....read more
http://rixstep.com/2/1/20120608,00.shtml
http://www.supremecourt.gov.uk/news/julian-assange-v-swedish-prosecution-authority.html
Application to re-open appeal
Julian Assange v Swedish Prosecution Authority
14 June 2012
The Supreme Court of the United Kingdom has dismissed the application made by Ms Dinah Rose QC, counsel for Mr Julian Assange, seeking to re-open their appeal.
The seven Justices who heard the appeal on 1-2 February 2012 and gave judgment on 30 May 2012 have considered the appellant's written application, and the reasons for their decision are set out below. These reasons have been agreed unanimously by the seven Justices.
In addition, the Court has ordered that, with the agreement of the respondent and pursuant to section 36(3)(b) of the Extradition Act 2003, the required period for extradition shall not commence until the 14th day after today.
- Mr Assange applies to set aside the judgment that has been given against him and to re-open the appeal. The grounds of the application are that the majority of the Court decided the appeal on a ground that Ms Rose QC, Mr Assange’s counsel, had not been given a fair opportunity to address. That ground was that article 31(3)(b) of the Vienna Convention on the Law of Treaties (“the Convention”) and the principle of public international law expressed in that article rendered admissible State practice as an aid to the interpretation of the Framework Decision.
- At the outset of her address to the Court Ms Rose gave five headings for the submissions that she proposed to make. The third of these was the relevance of subsequent events, other EU Instruments and the practice of EU States. A considerable volume of documentary material that had been placed before the Court related to these matters.
- In the course of her submissions under her third heading, as she has accepted, Lord Brown expressly put to her that the Convention applied to the interpretation of the Framework Decision. That Convention, as Ms Rose has recognised, sets out rules of customary international law. Had Ms Rose been minded to challenge the applicability of the Convention, or the applicability of State practice as an aid to the construction of the Framework Decision, or the relevance and admissibility of the material relating to State practice, she had the opportunity to do so. She made no such challenge. Her submissions were to the effect that caution should be exercised when considering the effect of State practice.
- For these reasons the Court considers that this application is without merit and it is dismissed.
- Ms Rose has raised a further point which has validity. Para 83 of the judgment refers to offences of which Mr Assange “stands charged”. This is not accurate as charges have not yet been brought against Mr Assange. The judgment will be corrected to read “offences in respect of which his extradition is sought”.
http://www.twitlonger.com/show/hr2c6j
http://www.mcclatchydc.com/2011/02/24/109386/wikileaks-assange-to-be-returned.html
Original: "WikiLeaks founder Julian Assange is to be extradited to Sweden to face sexual abuse charges, a British court ruled Thursday."
Correction: "WikiLeaks founder Julian Assange should be extradited to Sweden for questioning and possible trial on allegations of sexual assault, a British judge ruled Thursday."
Correction Statement: "CORRECTION: An earlier version of this story referred incorrectly in the first paragraph to "charges of sexual assault." Assange has not been charged in connection with the allegations."http://www.mcclatchydc.com/2011/02/07/108256/wikileaks-assange-lawyer-argues.html
Original: (headline) "WikiLeaks: Assange lawyer argues Swedish charges aren't serious"
Correction: "WikiLeaks: Assange lawyer argues Swedish accusations aren't serious"
Correction Statement: N/Ahttp://www.mcclatchydc.com/2010/12/22/105662/bank-of-america-wonders-about.html
Original: "In recent months, WikiLeaks has gained notoriety for exposing Pentagon and State Department secrets and for Assange's fight against sexual assault charges in Sweden."
Correction: "In recent months, WikiLeaks has gained notoriety for exposing Pentagon and State Department secrets and for Assange's fight against sexual assault accusations in Sweden."
Correction Statement: "CORRECTION: An earlier version of this story incorrectly stated in the above paragraph that Assange was battling "sexual assault charges." Assange has not been charged in Sweden."http://www.mcclatchydc.com/2010/12/08/104911/one-of-wikileaks-founder-assanges.html
Original: "Anna Ardin's links to Cuba were posted in several Web sites Tuesday after Assange was detained in London on a Swedish extradition request to face charges of sex crimes against Ardin and Sofia Wilén."
Correction: "Anna Ardin's links to Cuba were posted in several Web sites Tuesday after Assange was detained in London on a Swedish extradition request so that he could be questioned on allegations of sex crimes against Ardin and Sofia Wilén."
Correction Statement: "CORRECTION: An earlier version of this story referred incorrectly in the third paragraph to "charges of sex crimes." Assange has not been charged with a crime."http://www.mcclatchydc.com/2010/12/07/104859/wikileaks-founder-julian-assange.html
Original: "Assange's lawyer, Mark Stephens, called his client innocent of any sex charges and questioned whether the accusations are part of an effort by governments to silence him."
Correction: "Assange's lawyer, Mark Stephens, called his client innocent of any sexual misconduct and questioned whether the accusations are part of an effort by governments to silence him."
Correction Statement: N/Ahttp://www.mcclatchydc.com/2010/12/06/104788/wikileaks-swiss-bank-freezes-julian.html
Original: "Interpol, the international police organization, issued a "red alert" seeking Assange's arrest for investigation of sex-related charges in Sweden."
Correction: "Interpol, the international police organization, issued a "red alert" seeking Assange's arrest for investigation of sex-related allegations in Sweden."
Correction Statement: "CORRECTION: An earlier version of this story incorrected referred to "sex-related charges" in Paragraph 6. Assange has not been charged with a crime in Sweden."http://www.mcclatchydc.com/2010/12/02/104666/feinstein-wants-holder-to-prosecute.html
Original: "Assange is already the subject of an Interpol arrest warrant on sexual assault charges in Sweden."
Correction: "Assange is already the subject of an Interpol arrest warrant for question about sexual assault allegations in Sweden."
Correction Statement: "CORRECTION: An earlier version of this story incorrectly stated that Assange faced sexual assault charges in Sweden. Assange has not been chaarged with a crime."http://www.mcclatchydc.com/2010/11/28/104404/officials-may-be-overstating-the.html
Original: "Sunday's release showed a growing willingness on the part of WikiLeaks, whose founder, Julian Assange, is facing rape charges in Sweden, to cooperate with the government on the document trove."
Correction: "Sunday's release showed a growing willingness on the part of WikiLeaks, whose founder, Julian Assange, is facing rape allegations in Sweden, to cooperate with the government on the document trove."
Correction Statement: "CORRECTION: An earlier version of this story incorrectly stated in the 12th paragraph that Assange is facing rape charges. No charges have been filed against him in Sweden."
