David Allen Green@davidallengreen
Thread on Assange and Sweden.
Because of misinformation.
1.
The Swedes seem not to have been told in advance of arrest.
The Swedish prosecutor expressed surprise and were unprepared.
Whatever US and Ecuador knew in advance, Sweden was not.
2.
The investigation into the rape allegation in Sweden can be resumed at any time before the limitation period expires.
That expiry will not be until August 2020.
3.
The complainant of the alleged rape can request that the investigation be resumed.
Yesterday her lawyer, the estimable @ElisabethMFritz, did so.
4.
After the request, the Swedish prosecuting body has now confirmed it is reviewing whether to resume the investigation and thereby extradition request.
It is commendable that this was announced the same day as the arrest and complainant's request.
update on the Assange case from Sweden
5.
My 2012 long-read at @newststesman on the Swedish allegations and Assange is at Newstatesman Article from 2012
I think the post has lasted well.
6.
Some further points:
Assange not been charged yet, but that is because Swedish criminal process only charges before trial. See my post for explanation.
The allegation was not dismissed but put aside because of his non-availability, and can be resumed once he is available.
7.
It will be for the UK court to decide whether to grant priority to a Swedish extradition request or the US one.
Imo, the Swedish one more likely because of historic request and pending limitation period.
8.
The complainant via her lawyer is anxious for the case to be brought do that she can have closure after waiting for ten years.
Any fair-minded person must see the force in this.
9.
This is not to presume guilt - that is entirely a matter for the Swedish court.
And one can object to the US request (which I do).
But there is no good reason to oppose the Swedish request if it comes.
10.
And if US seeks extradition after any Swedish trial (and any sentence), then Assange will still have protection of ECHR in opposing US extradition.
And any extradition may require consent of both Sweden and UK.
11.
Therefore any decision to extradite Assange onward to the United States would be subject to legal challenges in both Sweden and England, as well as at Strasbourg.
12 & ends (for now).
ps 1
As always, there is a huge amount of self-serving misinformation circulated at every stage of anything to do with Assange.
Do not take anything from him or his supporters about the legal process unless independently verified.
This was learned the hard way in 2012.
ps 2
I think Assange would be well advised to surrender to any Swedish extradition, as given the consent of both UK and Sweden would then seem to be needed (and therefore be legally challengeable if given), he would be in a stronger legal position re a US extradition request.
ps 3
To show balance I will concede this to Assange supporters.
There can be no good reason if (as it appears) Sweden (and complainant's lawyer) were not informed in advance of pending arrest.
All the more credit for the lawyer and the prosecuting body to react the same day.
ps 3
To show balance I will concede this to Assange supporters.
There can be no good reason if (as it appears) Sweden (and complainant's lawyer) were not informed in advance of pending arrest.
All the more credit for the lawyer and the prosecuting body to react the same day.
ps 5
For clarity: there were initially two complainants and a number of allegations.
However, all but one complaint is now time-barred for investigation/prosecution because of Assange's unavailability.
Only one allegation, the most serious, is still within limitation period.
ps 6
This tweet is from the other complainant against Assange, who has waived her anonymity.
All her complaints are now time-barred and so the investigation has closed.
Anna Ardin @ therealardin
I would be very surprised & sad if Julian is handed over to the US. For me this was never about anything else than his misconduct against me/women and his refusal to take responsibility for this. Too bad my case could never be investigated properly, but it’s already been closed.
Why, in the context of the legal reality of the Swedish case, did Abbott actively CHOOSE to completely ignore it in the official Labour statement. Why was it done to a Labour backbencher to make the only reference to it in yesterday's HoC's debate?
Given that if the case is reopened in Sweden, and this does effectively potentially offer more protection for Assange and is a really good argument for our ongoing membership of the ECHR's, why don't Labour make this argument?
This whole characterisation of Assange as persecuted is bollocks.