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Monday 18 August 2014

Julian Assange entitled to avoid extraditon to Sweden #Extradition #Wikileaks

Julian Assange to end 2 year embassy sit in?
Sky News are reporting that WIKILEAKS founder Julian Assange, who sought diplomatic refuge in the Ecuadorian Embassy in London two years ago, is considering leaving the embassy and submitting to arrest by the British Authorities.

Apparently wanted in the US
Julian Assange is apparently wanted in the United States on possible espionage or treason charges in regard to his role in the release and online publication by Wikileaks of secret US documents.

But this is not the reason for Julian having fled to the Ecuadorian Embassy.

Swedish Rape Charge
Julian Assange is a wanted man in Sweden. They sought his extradition from the UK to Sweden to face a rape charge.

If I recall the facts correctly, Julian claims that there is no substance to these Swedish charges. He has also said that he would have no problem facing and refuting these charges, but for the fact that he fears that one he does so, the Swedish authorities will simply accede to a US extradition request.

Circumstances relating to Swedish charges allegedly suspicious.

Julian's version is that the charges in question were not only without much merit, but apparently, the Swedish authorities had either withdrawn or agreed to withdraw these charges on the grounds of insufficient evidence.

US behind the Swedish charges

I recall seeing a documentary dealing with these charges and there certainly appeared to be some substance to Julian's claims that the reinstatement of these charges by the Swedish authorities is nothing more than a mechanism to have him extradited to Sweden in order to facilitate his extradition to the US. This is reportedly planned for when the Swedish charges are either dropped or Assange is found not guilty.

US authorities can't obtain Assange's extradition to the US
As I understood it Julian argues that all this is necessary because the extradition treaty between the US and the UK apparently does not cover or apply to the proposed charges the US seeks to bring against Assange. It seems the Swedish-US extradition treaty is wider and does cover the charges the US intends to bring.

Solution
There is a simple solution to this problem. The Swedish and UK authorities should simply agree that the extradition of Assange to the Sweden must be subject to the condition that if and when he is aquitted  or the charges are withdrawn, Sweden will return Assange to the UK. 

Conditional extradition is a common occurrence as I indicated in an earlier blog. See link below.:


Alternatively, Assange's lawyers could ask the UK Court to order that the extradition will be subject to the Swedish authorities agreeing to such a condition.

Can't imagine why this was not done 2 years ago?

UPDATE: 1100 CAT. At a news conference held a few minutes ago, Julian Assange confirmed that his lawyer had proposed all nature of solutions to the UK & Swedish authorities, no doubt including the one I referred to above, apparently all such overtures on his part and those of his lawyers were rejected.

Julian quite right to avoid extradition
It seems to me that if Assange enjoys a benefit of not being liable to extradition to the US from the UK, then he is quite right to avoid the Swedish authorities until they guarantee that they won't extradite him to the US if the Swedish charges are withdrawn or if he is acquitted.

His extradition could also be made subject to such condition by the UK. However this is solved, extradition orders ought not to be granted in situations where an Accused's legal position would be made worse.

If, as +SKY News reporters suggest, he simply submits to Swedish Justice in the absence of the suggested guarantees, his position is likely to be made worse.



http://siegfriedwalther.blogspot.com/2014/04/extraditon-to-south-africa-human-rights.html

See also AF447: http://siegfriedwalther.blogspot.com/2014/05/air-france-447-bea-whitewash-af447.html

https://www.smashwords.com/books/view/467833  Oscar Trial Judge Knott's verdict

http://siegfriedwalther.blogspot.com/2014/06/boxers-lucky-glove-stolen-ahead-of.html - Russian Boxer loses lucky glove

+Julian Assange
+Wikileaks
#Extradition

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