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Wikileaks' Julian Assange begins extradition battle Wikileaks' Julian Assange 'would be denied justice'
(about 1 hour later)
Wikileaks founder Julian Assange has begun his court battle against extradition from the UK to Sweden. There is a risk of "flagrant denial of justice" if Wikileaks founder Julian Assange is tried for rape in Sweden, his lawyer has told a UK court.
He faces allegations of sexual assault against two women, which he denies. Geoffrey Robertson QC fears his client could be extradited to the US on separate charges relating to the publication of Wikileaks documents.
Mr Assange argues Swedish prosecutors had no right to issue a warrant for his arrest because he has not yet been charged with any offences. Mr Assange, 39, denies claims of sexual assault against two women.
At the extradition hearing, in London's Belmarsh Magistrates' Court, href="http://www.fsilaw.com/sitecore/content/Global/content/~/media/Files/Publications/IP_Media/Preliminary%20Assange%20Skeleton%20Argument%2011_01_11.ashx" >his lawyers are also challenging the move on human rights grounds. His team said he was "willing and able" to co-operate with Swedish authorities, so no extradition warrant was needed.
Mr Assange's legal team, led by Geoffrey Robertson QC, argues that if their client is forced to return to Sweden he could be extradited to the US, or even Guantanamo Bay, to face separate charges relating to the publication of secret documents by Wikileaks. At the extradition hearing, in London's Belmarsh Magistrates' Court, his lawyers also challenged the move on human rights grounds.
Defence arguments 'Trial by media'
He fears he could face the death penalty as a result, his defence says. Mr Robertson said there was a risk his client could be extradited to the US, or even Guantanamo Bay, and could face the death penalty as a result.
BBC legal affairs correspondent Clive Coleman suggests Mr Assange's lawyers are focusing their defence on technical arguments, such as that the Swedish prosecutor in this case is not a recognised judicial authority. In a href="http://www.fsilaw.com/sitecore/content/Global/content/~/media/Files/Publications/IP_Media/Julian%20Assange%20Case%20Papers/Julian%20Assange%20Material/Skeleton%204%20Feb%201550.ashx" >document released by the defence team, they argued that:
They say the extradition is being sought for Mr Assange's questioning, not prosecution, meaning the Swedish authorities could ask for him to be questioned by UK police, or via the internet, instead.
  • Swedish prosecutor Marianne Nye is "not eligible" or an appropriate "judicial authority" to issue a European Arrest Warrant
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  • The Swedes are guilty of an "abuse of process" as they have not demonstrated any intention to charge or prosecute Mr Assange
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  • The application for a warrant is "disproportionate" as he is willing to co-operate and be interviewed by phone, e-mail or videolink
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  • The arrest warrant paperwork is not valid as it does not "unequivocally" state that he is wanted for prosecution
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  • The offences Mr Assange faces - unlawful coercion and sexual molestation - are not criminal acts under British law; and
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  • Extraditing Mr Assange to Sweden would be a "real risk of a flagrant denial of justice" and a "blatant breach" of British constitutional principles.
    •
The defence team is also putting forward human rights issues, by suggesting that three of the offences alleged against Mr Assange are not extradition offences. Mr Robertson also argued that the extensive press coverage surrounding events risked a "trial by media".
And our correspondent says he understands it is being argued that Mr Assange would not get a fair trial in Sweden, because rape cases in that country are customarily held without a jury and in secret. He said front-page articles had described his client as a coward for refusing to return to Sweden.
"There's a danger this kind of media campaign, media vilification, will prejudice this secret trial," he told the court.
He said Swedish rape trials were regularly held behind closed doors and unless the press were allowed in court, his client would not receive a fair trial.
He also attacked the conditions Mr Assange could be held in if extradited to Sweden, saying the remand prison in Gothenburg had been criticised for its treatment of foreign prisoners.
The whistle-blowing website has been used to publish leaked US diplomatic cables, as well as other sensitive material from governments and high-profile organisations.The whistle-blowing website has been used to publish leaked US diplomatic cables, as well as other sensitive material from governments and high-profile organisations.
Clare Montgomery QC, representing the Swedish authorities, told the court rape is one of 32 offences that warrants extradition.Clare Montgomery QC, representing the Swedish authorities, told the court rape is one of 32 offences that warrants extradition.
She argued Mr Assange - a 39-year-old Australian - must face charges of rape and sexual molestation under Swedish law, following accusations by two women. She argued that the Australian must face charges of rape and sexual molestation under Swedish law, following accusations by two women.
His lawyers say the European Arrest Warrant under which he has been detained is invalid because he is only being asked to provide his account of events, but has not yet been charged. Mr Assange's lawyers say the European Arrest Warrant under which he has been detained is invalid because he is only being asked to provide his account of events, but has not yet been charged.
They say he has already offered himself for questioning and extradition is not necessary. Mr Assange arrived at court under an intense media spotlight, and supported by a number of high-profile campaigners including Bianca Jagger, Jemima Khan and veteran politician Tony Benn.
The Australian had his bail conditions amended so he could leave his adopted home in Norfolk to spend the night in Paddington, west London.
Several witnesses are expected to be called to court on Tuesday, and district judge Howard Riddle may yet reserve his judgement to a later date.
Mr Assange was released on bail by a High Court judge just before Christmas after spending nine days in Wandsworth prison.Mr Assange was released on bail by a High Court judge just before Christmas after spending nine days in Wandsworth prison.
He denies sexually assaulting two female supporters during a visit to Stockholm in August. He denies sexually assaulting two female supporters during a visit to Stockholm in August and claims the inquiry is politically motivated.
Mr Assange and his supporters claim the inquiry is politically motivated.
The extradition hearing is expected to last two days.The extradition hearing is expected to last two days.