Wednesday, November 16, 2011

Assange files Sweden extradition appeal

WikiLeaks founder Julian Assange applied Tuesday for Britain's Supreme Court to hear his appeal against extradition to Sweden, dragging out a legal saga that has already lasted more than a year

Julian Assange’s team have raised the following points of law as grounds to appeal to the Supreme Court:

1) Whether a European Arrest Warrant issued by a partisan prosecutor working for the executive (i.e. not an independent judge or investigating magistrate in the civil law system) is a valid Part 1 Warrant issued by a "judicial authority" within the meaning of sections 2(2) & 66 of the Extradition Act 2003?

This point argues that the decision goes against parliamentary intent in the 2003 Extradition Act (see High Court Appeal).

2) Whether a person in respect of whom no decision to prosecute has been taken can be said to be ’accused’ within the meaning of sections 2(3)(a) of the Extradition Act 2003?

Read why these two points are of ’general public importance’ in High Court Appeal (currently being updated).

15 November 2011: Julian Assange’s legal team have applied to the High Court for leave to appeal two points of law of general importance at the Supreme Court. The same High Court judges who dismissed Julian Assange’s case at the High Court will decide whether or not to certify these points, which must be of public importance and go beyond the specific facts of this case. They will decide this in open court, at the Royal Courts of Justice on 5 December 2011. A decision is expected the same day. If JA loses, he will be extradited to Sweden within 10 days and placed into Swedish custody.

High Court Judgment: The High Court has dismissed the appeal. Download the Judgment here and the summary here.

Read the High Court judgement (below), and the the submission for the appellant in July (further down).