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Julian Assange rape inquiry dropped but arrest in UK still possible - live Julian Assange rape inquiry dropped but arrest in UK still possible - live
(35 minutes later)
2.46pm BST
14:46
There may be no sign yet of Assange at the windows of the Ecuadorian embassy, but he does appear to be following this blog.
https://t.co/0VmWWBCxfC pic.twitter.com/ubFLuVc0Gs
2.44pm BST
14:44
Amelia Gentleman
Claes Borgström, who originally represented the two women but who is no longer involved in the case, has expressed regret the Assange will not be prosecuted in Sweden, writes Amelia Gentlemen.
“For the two women it would have been good if he had been examined in court. He will now never been be found not guilty,” Borgström said.
He said his client “is not interested in making any comment or doing any interviews. It is so long ago now. She has tried to put that behind her and live a normal life. She doesn’t want to be reminded of what happened.”
He added: “I understand why the prosecutors have dropped the case now. Such a long time has passed. But I regret that Julian Assange was not brought to the Swedish court of law to answer the allegations against him.
Borgström added:
“That would have been the thing that should have happened, but he avoided that by going to Ecuadorean embassy.
“From both women’s point of view, it would have been reasonable that he had to answer to what they say he has done to them. The Swedish courts have found it most probably that he has committed crimes against them, he was arrested on probable cause.”
“The courts in Sweden, the district court, the Court of Appeal and the Supreme Court, have found it probable that he has committed the prosecutors claimed. The whole case is left with that knowledge.
“He [Assange] decided to avoid the arms of justice. He didn’t want to come to court. He didn’t want to answer the allegations, so he decided to escape.”
2.33pm BST
14:33
Julian Knowles, a Matrix chambers barrister who specialises in extradition says the US might to have to act swiftly if they want to arrest Assange.
Speaking to BBC Radio 4 he said the complicating factor in Assange’s case is that he has committed a bail act offence by failing to surrender to court. He said
He has committed a criminal offence, so the Metropolitan police do have the power to arrest him for that, because there is a ordinary English criminal lay warrant outstanding for him. Whether they will do that, given the underlying predicate namely the Swedish rape allegation has fallen away remains to be seen. They [Scotland Yard] have made a statement saying they will deal with it proportionately, so I think they are hedging their bets at the moment.
Warrants can always be withdrawn not every criminal offence gets prosecuted. So I would imagine there will be discussions going on between the police and the Crown Prosecution Service as to what to do about that domestic offence.
Asked about the US attempts to extradite Assange, Knowles said:
That is an unknown quantity. I couldn’t understand if the Americans wanted him why they didn’t take action some years ago. There was no logic in them waiting for the Swedish proceedings to take precedence because it just made things more complicated. On that basis I would wonder whether the US really do want him. But if they do they would have to move swiftly because if he is not proceeded against as a bail act offence, he’ll be a free man when he leaves the Ecuadorian embassy and he will be able to go anywhere in the world where he is lawfully able to go.
If the United States are interested in getting him they will have to first of all obtain a provisional warrant from the court here and that will then provide a basis of arrest. But whether they are going to do that, or have done that, is an unknown quantity at the moment.
2.17pm BST
14:17
Assange has fired off a new tweet saying he does not “forgive or forget”.
Detained for 7 years without charge by while my children grew up and my name was slandered. I do not forgive or forget.
Meanwhile, journalists are still waiting for him to speak at the embassy.
Wherefore art thou @JulianAssange? Here at the embassy waiting for your balcony scene...#julianassange pic.twitter.com/FJz9o3MtmU
2.05pm BST2.05pm BST
14:0514:05
Vaughan Smith, the former army officer who housed Assange in his Norfolk mansion in 2010 after he was bailed, says Assange should now be allowed to walk free.Vaughan Smith, the former army officer who housed Assange in his Norfolk mansion in 2010 after he was bailed, says Assange should now be allowed to walk free.
Smith, who spoke to Assange earlier this month, told BBC Radio 4’s World at One programme that the Wikileaks founder had complained of a lack of progress by Swedish prosecutors.Smith, who spoke to Assange earlier this month, told BBC Radio 4’s World at One programme that the Wikileaks founder had complained of a lack of progress by Swedish prosecutors.
“He felt that Marianne Ny was aiming to protect her reputation because she didn’t have the evidence against him,” he said.“He felt that Marianne Ny was aiming to protect her reputation because she didn’t have the evidence against him,” he said.
Smith added: I feel very pleased. One feels a bit vindicated, as do the supporters that have stuck by Julian. I can completely understand why Julian felt this was politically motivated. We should be asking ourselves has there been a political misuse of the judicial process. He added:Smith added: I feel very pleased. One feels a bit vindicated, as do the supporters that have stuck by Julian. I can completely understand why Julian felt this was politically motivated. We should be asking ourselves has there been a political misuse of the judicial process. He added:
The woman in question and Julian Assange have let down by a failure to prosecute. They have missed the opportunity to find out what actually happened.The woman in question and Julian Assange have let down by a failure to prosecute. They have missed the opportunity to find out what actually happened.
It is a massive distraction from the real issue, which is the important debate we are having about the role of whistleblowers and secrecy in our society. I would like to see it resolved. I think he should be let out.It is a massive distraction from the real issue, which is the important debate we are having about the role of whistleblowers and secrecy in our society. I would like to see it resolved. I think he should be let out.
1.46pm BST1.46pm BST
13:4613:46
Esther AddleyEsther Addley
Ecuador’s foreign minister Guillaume Long has welcomed the Swedish decision and confirmed that his country will now try to secure safe passage for Assange.Ecuador’s foreign minister Guillaume Long has welcomed the Swedish decision and confirmed that his country will now try to secure safe passage for Assange.
He said he “regrets that the Swedish prosecutor delayed more than four years in carrying out this interview”.He said he “regrets that the Swedish prosecutor delayed more than four years in carrying out this interview”.
He described the conduct of prosecutors as “wholly unacceptable... which has led to unnecessary delays in progressing this case.He described the conduct of prosecutors as “wholly unacceptable... which has led to unnecessary delays in progressing this case.
“Given that the European arrest warrant no longer holds, Ecuador will now be intensifying its diplomatic efforts with the UK so that Julian Assange can gain safe passage, in order to enjoy his asylum in Ecuador.”“Given that the European arrest warrant no longer holds, Ecuador will now be intensifying its diplomatic efforts with the UK so that Julian Assange can gain safe passage, in order to enjoy his asylum in Ecuador.”
1.39pm BST1.39pm BST
13:3913:39
Prof Mads Andenas who chaired the UN working group which claimed that Assange’s plight in the embassy amounted to arbitrary detention, welcomed Sweden’s decision. He said:Prof Mads Andenas who chaired the UN working group which claimed that Assange’s plight in the embassy amounted to arbitrary detention, welcomed Sweden’s decision. He said:
This is a victory for the rule of law. The warrant was contestable. There were dissents in both the UK and Swedish supreme courts. Also the majority in the UK supreme court was concerned by several aspects of the extradition request.This is a victory for the rule of law. The warrant was contestable. There were dissents in both the UK and Swedish supreme courts. Also the majority in the UK supreme court was concerned by several aspects of the extradition request.
The Swedish supreme court laid down strict requirements and warned the prosecutors to speed up or drop the case. The UN working group on arbitrary detention found (4-1) violations of international law.The Swedish supreme court laid down strict requirements and warned the prosecutors to speed up or drop the case. The UN working group on arbitrary detention found (4-1) violations of international law.
UpdatedUpdated
at 2.03pm BSTat 2.03pm BST
1.31pm BST1.31pm BST
13:3113:31
Assange's accuser brands decision a 'scandal'Assange's accuser brands decision a 'scandal'
Assange’s accuser called the prosecutor’s decision a “scandal”, her lawyer has said.Assange’s accuser called the prosecutor’s decision a “scandal”, her lawyer has said.
“It is a scandal that a suspected rapist can escape justice and thereby avoid the courts,” the lawyer, Elisabeth Fritz, told AFP in an email.“It is a scandal that a suspected rapist can escape justice and thereby avoid the courts,” the lawyer, Elisabeth Fritz, told AFP in an email.
“My client is shocked and no decision to [end the case] can make her change [her view] that Assange exposed her to rape,” she said.“My client is shocked and no decision to [end the case] can make her change [her view] that Assange exposed her to rape,” she said.
UpdatedUpdated
at 1.58pm BSTat 1.58pm BST
1.23pm BST1.23pm BST
13:2313:23
Theresa May says action against Assange is a matter for the policeTheresa May says action against Assange is a matter for the police
Theresa May appears to be trying to keep her distance from Assange’s fate.Theresa May appears to be trying to keep her distance from Assange’s fate.
Asked if Britain would now support a request to extradite Assange to the United States, the prime minister said: “We look at extradition requests on a case-by-case basis.”Asked if Britain would now support a request to extradite Assange to the United States, the prime minister said: “We look at extradition requests on a case-by-case basis.”
Speaking at a Conservative campaign event in Edinburgh, May added: “In relation to Julian Assange, any decision that is taken about UK action in relation to him were he to leave the Ecuadorian embassy would be an operational matter for the police.”Speaking at a Conservative campaign event in Edinburgh, May added: “In relation to Julian Assange, any decision that is taken about UK action in relation to him were he to leave the Ecuadorian embassy would be an operational matter for the police.”
UpdatedUpdated
at 1.58pm BSTat 1.58pm BST
1.18pm BST1.18pm BST
13:1813:18
Haroon SiddiqueHaroon Siddique
There has been no sign of Julian Assange emerging from the Ecuadorian embassy yet, much to the frustration of the 70-plus members of the press gathered outside, writes Haroon Siddique.There has been no sign of Julian Assange emerging from the Ecuadorian embassy yet, much to the frustration of the 70-plus members of the press gathered outside, writes Haroon Siddique.
A throng has gathered under the balcony where Assange has previously addressed the media, in 2015 and 2012 on the day he first entered.A throng has gathered under the balcony where Assange has previously addressed the media, in 2015 and 2012 on the day he first entered.
A police car with three officers inside is parked opposite the building in Knightsbridge, London, presumably ready to arrest the WikiLeaks founder on charges of skipping bail, which the Met has said he is still wanted for.A police car with three officers inside is parked opposite the building in Knightsbridge, London, presumably ready to arrest the WikiLeaks founder on charges of skipping bail, which the Met has said he is still wanted for.
More police cars and officers are stationed nearby. The most excitement so far came when the embassy cat, which even has its own Twitter account, made a brief appearance in the window, the cue for the waiting, bored photographers to start clicking.More police cars and officers are stationed nearby. The most excitement so far came when the embassy cat, which even has its own Twitter account, made a brief appearance in the window, the cue for the waiting, bored photographers to start clicking.
UpdatedUpdated
at 2.01pm BSTat 2.01pm BST
1.11pm BST1.11pm BST
13:1113:11
Glenn Greenwald, the former Guardian journalist who worked with NSA whistleblower Edward Snowden, points out that Assange is far from free.Glenn Greenwald, the former Guardian journalist who worked with NSA whistleblower Edward Snowden, points out that Assange is far from free.
Writing on the Intercept he says: “The termination of the Swedish investigation is, in one sense, good news for Assange. But it is unlikely to change his inability to leave the embassy any time soon. If anything, given the apparent determination of the Trump administration to put him in a US prison cell for the ‘crime’ of publishing documents, his freedom appears farther away than it has since 2010, when the Swedish case began.”Writing on the Intercept he says: “The termination of the Swedish investigation is, in one sense, good news for Assange. But it is unlikely to change his inability to leave the embassy any time soon. If anything, given the apparent determination of the Trump administration to put him in a US prison cell for the ‘crime’ of publishing documents, his freedom appears farther away than it has since 2010, when the Swedish case began.”
UpdatedUpdated
at 2.02pm BSTat 2.02pm BST
1.03pm BST1.03pm BST
13:0313:03
The Crown Prosecution Service has confirmed to the Guardian that the European arrest warrant against Assange has been dropped after Sweden’s request.The Crown Prosecution Service has confirmed to the Guardian that the European arrest warrant against Assange has been dropped after Sweden’s request.
1.02pm BST1.02pm BST
13:0213:02
Ecuador seeking safe passage for AssangeEcuador seeking safe passage for Assange
Ecuador says it will now seek safe passage for Assange from its embassy in London to Ecuador, a source close to the case at the Ecuadorian foreign ministry told PA.Ecuador says it will now seek safe passage for Assange from its embassy in London to Ecuador, a source close to the case at the Ecuadorian foreign ministry told PA.
It quoted the source saying: “Given that the European arrest warrant no longer holds, Ecuador will now be intensifying its diplomatic efforts with the UK so that Julian Assange can gain safe passage in order to enjoy his asylum in Ecuador.”It quoted the source saying: “Given that the European arrest warrant no longer holds, Ecuador will now be intensifying its diplomatic efforts with the UK so that Julian Assange can gain safe passage in order to enjoy his asylum in Ecuador.”
The source also said:The source also said:
Ecuador welcomes the decision to drop the charges against Julian Assange. This decision follows the interview of Julian Assange in Ecuador’s embassy in London in November 2016.Ecuador welcomes the decision to drop the charges against Julian Assange. This decision follows the interview of Julian Assange in Ecuador’s embassy in London in November 2016.
Ecuador regrets that the Swedish prosecutor delayed more than four years in carrying out this interview.Ecuador regrets that the Swedish prosecutor delayed more than four years in carrying out this interview.
This unnecessary delay was despite the repeated insistence from the Ecuadorian government, since Ecuador granting asylum in 2012, that this interview was not only possible but that Ecuador would facilitate it in its embassy.This unnecessary delay was despite the repeated insistence from the Ecuadorian government, since Ecuador granting asylum in 2012, that this interview was not only possible but that Ecuador would facilitate it in its embassy.
Ecuador was clear from the outset that it would fully co-operate with the Swedish justice system. As was once again communicated to the Swedish state as recently as May 8, Ecuador has regularly criticised as wholly unacceptable the conduct of the Swedish prosecutor which has led to unnecessary delays in progressing this case.Ecuador was clear from the outset that it would fully co-operate with the Swedish justice system. As was once again communicated to the Swedish state as recently as May 8, Ecuador has regularly criticised as wholly unacceptable the conduct of the Swedish prosecutor which has led to unnecessary delays in progressing this case.
UpdatedUpdated
at 2.05pm BSTat 2.05pm BST
12.55pm BST
12:55
EAW discharged
The European arrest warrant has been formally discharged, according to Richard Ford from the Times. Earlier Sweden’s chief prosecutor, Marianne Ny, confirmed that Sweden had withdrawn its request for a European arrest warrant against Assange.
European Arrest Warrant for Julian Assange discharged at Westminster Magistrates Court this morning
Updated
at 2.06pm BST
12.49pm BST
12:49
France’s leftwing former presidential candidate, Jean-Luc Mélenchon, claims Sweden’s decision is vindication of his support for Assange.
La Suède renonce aux poursuites pour viol contre Julian Assange. Nous avions raison de le soutenir.#Assange
Updated
at 2.12pm BST
12.47pm BST
12:47
Matthew Weaver
This is Matthew Weaver taking over from Jon.
Our old colleague David Leigh, the former investigations editor of the Guardian, worked with Assange on the edited publication of the leaked US embassy cables before falling out with the WikiLeaks founder.
Leigh, now a professor of journalism at City University, reckons that Sweden’s decision to drop the investigation (there were no charges) will change nothing.
What will change after Assange sex charges dropped? My bet: exactly nothing
Updated
at 2.13pm BST
12.35pm BST
12:35
What we know so far
Here’s what we know so far about Swedish prosecutors’ unexpected decision to drop their investigation into a rape claim against WikiLeaks founder Julian Assange after almost seven years:
The decision was taken because “all prospects of pursuing the investigation under present circumstances are exhausted” and there is “no reason to believe that the decision to surrender [Assange] to Sweden can be executed in the foreseeable future”.
It means Assange no longer faces sex crime allegations in Sweden, though prosecutors stressed they are not making a finding on Assange’s guilt or innocence and the investigation could be reopened should he return to the country before the statute of limitation expires in 2020.
In London, the Metropolitan Police have said there is still a warrant for Assange’s arrest on the less serious offence of failing to surrender to the court in June 2012. It would be “obliged to execute the warrant” if Assange leaves the Ecuadorian embassy, it said.
It is not known whether US authorities are seeking Assange’s arrest for his role at the head of WikiLeaks, which has published tens of thousands of leaked classified US documents. There may be a sealed indictment.
WikiLeaks tweeted after the Swedish announcement: “UK refuses to confirm or deny whether it has already received a US extradition warrant for Julian Assange. Focus now moves to UK.”
Per E Samuelsson, Assange’s lawyer in Sweden, told Swedish radio: “This is a total victory for Julian Assange. He is now free to leave the embassy when he wants. We have won the Assange case.”
Updated
at 12.47pm BST
12.17pm BST
12:17
The head of the Swedish bar association, Bengt Ivarsson, has told Svenska Dagbladet that the investigation into the rape allegations against Assange “did not move forward fast enough” and has “created a negative image of the prosecution service”:
A government official has a responsibility to push an investigation forward. It has not happened in this case. Quite early on it was clear that Assange was not going to allow himself to be questioned in Sweden ...
The investigation has had a major impact internationally. And how this has been handled is not an advantage for the Swedish legal system. It has created a negative image of the prosecution service.
12.12pm BST
12:12
This is the scene outside the Ecuadorian embassy in London where Assange has been living since taking refuge there in 2012. There’s not a huge amount happening at the moment ...
12.06pm BST
12:06
The British Home Office has said the decision to drop the investigation into Assange is “a matter for the Swedish authorities and not one which the UK government has had any involvement in”.
It added that Britain had a legal obligation to execute the European arrest warrant and arrest Assange, and that the EAW had been upheld by the UK courts, including the supreme court, which at every stage had found his extradition to Sweden would be “entirely lawful”.
The EAW will be formally withdrawn in the UK courts, it said.
Updated
at 12.18pm BST
11.59am BST
11:59
Matthew Weaver
My colleague Matt Weaver says Peter Tatchell, one of Assange’s most prominent supporters, has given a guarded welcome to the decision, but said he still faces the risk of extradition to the US.
Tatchell told BBC news: “It is good news from Julian’s point of view. I’m not in a position to say whether the allegations against him were true or not. He has always denied them. He was never charged with any sexual offence, these are only at the level of allegations. So it is a relief that they are being no longer being pursued. But it is not entirely satisfactory because the Swedish prosecutors seemed to say that they case could be reopened if he at any point returned to Sweden.”
Before he could leave the embassy, Tatchell added, Assange would need to “consult his legal advisers and begin some dialogue with the Metropolitan police and if necessary the attorney general”. He added:
Much more substantive is the risk if he stepped outside the embassy that he could face extradition to the United States. We know that there is an ongoing national security investigation into Julian Assange and Wikileaks. We believe that a secret grand jury has been empanelled ... US attorney general Jeff Sessions said arresting Assange was a priority. So he certainly is in danger of extradition to the US.
Updated
at 12.36pm BST
11.52am BST
11:52
Assange’s Swedish lawyer, Per E Samuelsson, has been talking to Swedish media. According to Svenska Dagbladet, he said Assange was “happy but laconic” and described the day as “a major victory for my client and myself”:
This is one of the happiest days of my life as a lawyer. The decision is based on the fact that he was questioned in November 2016 and could provide a good explanation of what happened. In April this year, we had evidence that the US is chasing him. It seems completely unreasonable for Sweden to prevent him from obtaining political asylum.
The lawyer added that the case had been dropped because prosecutors approved Assange’s argument about what had happened when the alleged rape occurred: “This is obviously a case of consensual sex between two adults”.
With regard to the UK arrest warrant, under which Assange could still be arrested if he leaves the Ecuadorian embassy, he said he did “not know what Julian will decide to do now”.
Updated
at 12.09pm BST
11.41am BST
11:41
A lawyer for Assange has welcomed the Swedish decision. Christophe Marchand, a member of Assange’s Brussels-based legal team, told AFP:
We have been waiting a long time for this decision. Julian Assange has been a victim of a huge abuse of procedure. We are very pleased and very moved, as this marks the end of his nightmare.