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Assange readies for extradition court battle

WikiLeaks founder Julian Assange appears in a British court on Monday to fight his extradition to Sweden, with the leak of details on the rape and molestation further fuelling the controversy.

Assange readies for extradition court battle

The two-day hearing at a high security London court will examine a Swedish arrest warrant for the 39-year-old Australian, who won worldwide notoriety for his website’s release of thousands of secret US diplomatic cables.

Celebrity backers including socialite Jemima Khan will also lead rallies in London on Monday for Assange, who insists that sex assault claims made against the former computer hacker by two Swedish women are politically motivated.

The judge is expected to defer his decision in the case at Belmarsh Magistrates’ Court in south London. If the ruling goes against Assange he will be able to appeal the decision all the way to England’s supreme court.

His lawyers argue that if Assange is extradited to Sweden, he runs the risk of extradition or even illegal rendition to the United States where they say he could face the death penalty.

Assange was released on bail a week after his arrest on December 7 and has since been staying at a friend’s country mansion, under strict conditions including that he obey a curfew, wear an electronic ankle tag and report to police daily.

At the last hearing in January, the judge relaxed the conditions for Sunday and Monday, meaning Assange will be allowed to sleep on those nights at the Frontline media club in London while he attends court.

Swedish authorities say they want to question Assange over sex assault claims by the two women.

Swedish police reports filled with graphic details of the allegations leaked onto the Internet last week.

The police documents, viewed by AFP, contain the statement of the alleged rape victim alleging that Assange forced himself on her, without wearing a condom, while she was asleep.

The woman, identified only as Miss W, said she had had consensual sex with Assange earlier in the evening and had then fallen asleep with him, only “to wake up because he has forced himself inside of her,” the report said.

“‘She asked immediately: are you wearing anything?’ and he answered ‘you’,” it added. “She told him ‘You better not have HIV,’ and he answered ‘Of course not.'”

After that, Miss W. allowed the intercourse to continue.

The faxed documents also include a forensic report on the condom used during a sexual encounter with Assange’s other alleged victim, Miss A, who accused him of having deliberately broken the prophylactic.

The report says the condom had not been cut with scissors or a knife.

In a video message to a rally in Melbourne on Friday, Assange appealed to Australian Prime Minister Julia Gillard to help return him to his native land.

“Julia Gillard should be taking active steps to bring me home and protectour people,” he said.

After releasing hundreds of thousands of confidential US documents about the wars in Iraq and Afghanistan last year, WikiLeaks has in recent months been slowly publishing more than 250,000 leaked US diplomatic cables.

Assange now faces a widening criminal probe in the United States and has made powerful enemies in Washington.

Bradley Manning, a US soldier suspected of leaking the information to WikiLeaks, is in detention in the United States.

Assange has, meanwhile, stepped up a war of words with two leading newspapers that previously collaborated on the leaks but have now published accounts of their troubled dealings with him.

WikiLeaks recently threatened to sue The Guardian over its serialisation of “WikiLeaks: Inside Julian Assange’s War on Secrecy”, a book by the British newspaper’s journalists David Leigh and Luke Harding.

Extracts said Assange disguised himself as an old woman in order to evade US spies who he believed were following him. They also detailed how Assange eventually fell out with the paper.

Assange has also turned his fire on The New York Times after it too published a long piece detailing how their relationship crumbled.

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OPINION AND ANALYSIS

OPINION: Sweden must demand that Julian Assange go free

Given Sweden’s involvement in the Assange case, the government’s continued silence over his impending extradition to the US is indefensible, says David Crouch

OPINION: Sweden must demand that Julian Assange go free

I have no personal fondness for Julian Assange. I cannot forgive him for not condemning the torrent of abuse and slander suffered by the two Swedish women who, in 2010, accused him of sexual assault. His treatment of them has been shameful. Assange has continued to protest his innocence and has not expressed any regret for what happened

But that was then and this is now. At stake is something much bigger than the fate of one man and two women. And the Swedish government bears a clear share of responsibility for the outcome. 

Sweden’s prosecutors dropped the sexual assault investigation against Assange in 2017. For more than three years, he has been held in a maximum security prison in London while he has fought extradition to the United States on espionage charges. In April, a British court finally approved the extradition and referred the matter to the Home Secretary, Priti Patel. 

Today (June 17), Patel gave the green light for extradition; Assange has 14 days to appeal. 

Extradition would be a colossal blow against media freedom. Journalists would fear to investigate US military and surveillance operations around the world. Assange himself faces a lifetime in jail for publishing classified documents about the wars in Iraq and Afghanistan, including evidence of war crimes

Many Swedish free speech organisations recognise this. “The information obtained thanks to Julian Assange and Wikileaks is of great public interest. In a democracy, whistleblowers must be protected, not taken to court to become pawns in a political game,” says the Swedish Journalists’ Association. A large number of press freedom and human right organisations have echoed these words, including Amnesty International, Human Rights Watch and Index on Censorship, to name but a few.

“Should Assange be extradited to the US, it could have serious consequences for investigative journalism,” says the Swedish branch of Reporters without Borders. “Through the indictment of Assange, the US is also sending a signal to all journalists who want to examine the actions of the US military and security services abroad, or US arms deals for that matter. This also applies to Swedish journalists.”

Last month, the Council of Europe’s Commissioner for Human Rights, Dunja Mijatović, called on Patel not to extradite Assange, saying it would have “a chilling effect on media freedom”.  Anna Ardin, one of the women who brought the original accusations of sexual assault, describes the accusations against Assange for espionage as “helt galet” (completely crazy). 

Given Sweden’s involvement in the Assange case, the continued silence from Rosenbad, the seat of government offices in Stockholm, is indefensible. 

For the seven years in which Assange took refuge in the Ecuadorean embassy in London, he said consistently and repeatedly that he was prepared to face justice in Sweden, but feared extradition to the United States and therefore required a guarantee that this would not happen. His treatment in the UK is proof that his fears were justified. 

As early as September 2012, The Local quoted Amnesty International on this matter: “If the Swedish authorities are able to confirm publicly that Assange will not eventually find himself on a plane to the USA if he submits himself to the authority of the Swedish courts then this will … it will break the current impasse and second it will mean the women who have levelled accusations of sexual assault are not denied justice.”

And yet, throughout, Sweden’s Ministry of Justice kept quiet. Instead, the Swedish Prosecution Authority stated repeatedly: “Every extradition case is to be judged on its own individual merits. For that reason the Swedish government cannot provide a guarantee in advance that Julian Assange would not be subject to further extradition to the USA.”

In 2016, a United Nations panel decided that Sweden had violated the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. It called on the Swedish authorities to end Assange’s “deprivation of liberty”, respect his freedom of movement and offer him compensation. Again, the government itself remained silent, although Sweden’s director-general for legal affairs said that it disagreed with the panel.

Freedom of speech is one of the four “fundamental laws” that make up the Swedish constitution. There can be no excuse now for Morgan Johansson, Justice Minister, not to speak out in defence of Assange’s role as a whistleblower and journalist. 

Imagine if Assange had revealed Russian war crimes in Ukraine and was being held in Moscow’s high security prison? Every Western leader would be up in arms. 

Assange’s wife Stella Moris has Swedish citizenship. Her life, and that of their two children, will be destroyed if her husband, their father, is sent to rot in a US jail.

At this point in time, when Sweden’s independence in global affairs is in doubt owing to pressure from Turkey over its application to join Nato, it is even more vital for the government to break its silence and help bring the persecution of Julian Assange to an end. 

David Crouch covered Julian Assange’s campaign in the Swedish courts for The Guardian newspaper and is among 1900 journalists to have signed a statement in his defence. He is a freelance journalist and a lecturer in journalism at Gothenburg University.

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