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Wikileaks' Julian Assange 'would be denied justice' Wikileaks' Julian Assange 'would be denied justice'
(40 minutes later)
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. There is a risk of "denial of justice" if Wikileaks founder Julian Assange is tried for rape in Sweden, his lawyer has told a UK extradition hearing.
Geoffrey Robertson QC fears his client could face the death penalty if then extradited to the US on separate charges relating to Wikileaks. Geoffrey Robertson QC fears his client could face the death penalty if then sent to the US on separate charges relating to the whistleblowing website.
But prosecutors dismissed suggestions the Swedish legal system did not have sufficient safeguards.
Mr Assange, 39, denies claims of sexual assault against two women.Mr Assange, 39, denies claims of sexual assault against two women.
Prosecutors say any threat of unfair treatment would see the European Court of Human Rights intervene. At Belmarsh Magistrates' Court in London, Mr Assange's lawyers accused the prosecutor in Sweden attempting to extradite Mr Assange of having a "biased view" against men.
At the extradition hearing in London, the prosecutor in Sweden attempting to extradite Mr Assange has been accused of having a "biased view" against men. They said he was "willing and able" to co-operate with Swedish authorities, so no arrest warrant was needed.
His lawyers earlier said he was "willing and able" to co-operate with Swedish authorities, so no arrest warrant was needed.
'Trial by media''Trial by media'
They said the European Arrest Warrant under which he had been detained was invalid because he had not yet been charged.They said the European Arrest Warrant under which he had been detained was invalid because he had not yet been charged.
Mr Robertson told Belmarsh Magistrates' Court 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. Mr Robertson told the court 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.
He said Swedish rape trials were regularly "tried in secret behind closed doors in a flagrant denial of justice".He said Swedish rape trials were regularly "tried in secret behind closed doors in a flagrant denial of justice".
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 Mr Assange's defence team, they argued that: But the prosecution said the European Court would intervene if there was a threat of "inhuman or degrading treatment or an unfair trial".
In a document released by Mr Assange's defence team, his lawyers argued:
  • Swedish prosecutor Marianne Nye is "not eligible" or an appropriate "judicial authority" to issue a European Arrest Warrant
  • The Swedes are guilty of an "abuse of process" as they have not demonstrated any intention to charge or prosecute Mr Assange
  • The application for a warrant is "disproportionate" as he is willing to co-operate and be interviewed by phone, e-mail or videolink
  • The arrest warrant paperwork is not valid as it does not "unequivocally" state that he is wanted for prosecution
  • The offences Mr Assange faces - unlawful coercion and sexual molestation - are not criminal acts under British law; and
  • Extraditing Mr Assange to Sweden would be a "real risk of a flagrant denial of justice" and a "blatant breach" of British constitutional principles.
  • Swedish prosecutor Marianne Nye is "not eligible" or an appropriate "judicial authority" to issue a European Arrest Warrant
  • The Swedes are guilty of an "abuse of process" as they have not demonstrated any intention to charge or prosecute Mr Assange
  • The application for a warrant is "disproportionate" as he is willing to co-operate and be interviewed by phone, e-mail or videolink
  • The arrest warrant paperwork is not valid as it does not "unequivocally" state that he is wanted for prosecution
  • The offences Mr Assange faces - unlawful coercion and sexual molestation - are not criminal acts under British law; and
  • Extraditing Mr Assange to Sweden would be a "real risk of a flagrant denial of justice" and a "blatant breach" of British constitutional principles.
Mr Robertson also said the extensive press coverage surrounding events risked a "trial by media".Mr Robertson also said the extensive press coverage surrounding events risked a "trial by media".
One of the arguments Mr Assange's lawyers will raise concerns what is known as "double" or "dual criminality". This principle ensures that no one is extradited unless the allegations against them from the requesting state, amount to a criminal offence in English law.One of the arguments Mr Assange's lawyers will raise concerns what is known as "double" or "dual criminality". This principle ensures that no one is extradited unless the allegations against them from the requesting state, amount to a criminal offence in English law.
His lawyers will argue that the first three allegations which cover unlawful coercion and sexual molestation do not constitute an offence under English law.His lawyers will argue that the first three allegations which cover unlawful coercion and sexual molestation do not constitute an offence under English law.
The equivalent offence would be sexual assault, which requires a lack of consent. It will be argued that the arrest warrant doesn't allege a lack of consent.The equivalent offence would be sexual assault, which requires a lack of consent. It will be argued that the arrest warrant doesn't allege a lack of consent.
Double criminality, however, doesn't apply in the case of the fourth allegation, rape.Double criminality, however, doesn't apply in the case of the fourth allegation, rape.
This is one of the list of offences under the European Arrest Warrant framework where the extraditing country has simply to tick a box.This is one of the list of offences under the European Arrest Warrant framework where the extraditing country has simply to tick a box.
Mr Assange's lawyers will seek to argue double criminality here by reference to European law, but it may prove a difficult argument to win.Mr Assange's lawyers will seek to argue double criminality here by reference to European law, but it may prove a difficult argument to win.
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 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.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.
Retired Swedish appeal court judge Brita Sundberg-Weitman, who was called as a witness, attacked Mr Assange's treatment by the authorities.Retired Swedish appeal court judge Brita Sundberg-Weitman, who was called as a witness, attacked Mr Assange's treatment by the authorities.
She said his case had been "extremely peculiar" from the start and criticised the authorities for revealing he was under investigation for rape.
Talking about the prosecutor Marianne Ny, she said: "She seems to take it for granted that everybody under prosecution is guilty. I think she is so preoccupied with the situation of battered women and raped women that she has lost balance."Talking about the prosecutor Marianne Ny, she said: "She seems to take it for granted that everybody under prosecution is guilty. I think she is so preoccupied with the situation of battered women and raped women that she has lost balance."
A second witness, Goran Rudling, told the court one of the alleged victims had deleted comments and Tweets that suggested she was still friendly with Mr Assange after the alleged assault.A second witness, Goran Rudling, told the court one of the alleged victims had deleted comments and Tweets that suggested she was still friendly with Mr Assange after the alleged assault.
Clare Montgomery QC, representing the Swedish authorities has argued the Australian must face charges of rape and sexual molestation following the accusation of two women.Clare Montgomery QC, representing the Swedish authorities has argued the Australian must face charges of rape and sexual molestation following the accusation of two women.
She told the court rape is one of 32 offences that warrants extradition, and Mr Assange was accused of having sex with one woman without a condom, despite her saying she would only consent if he wore one.She told the court rape is one of 32 offences that warrants extradition, and Mr Assange was accused of having sex with one woman without a condom, despite her saying she would only consent if he wore one.
The other woman's claims implicitly suggested a lack of consent, she added.The other woman's claims implicitly suggested a lack of consent, she added.
"Mr Assange, by using violence, forced Miss A to endure him restricting her freedom of movement, taking hold of her arms, forcefully spreading her legs and lying on top of her," she said."Mr Assange, by using violence, forced Miss A to endure him restricting her freedom of movement, taking hold of her arms, forcefully spreading her legs and lying on top of her," she said.
"Violently forcing yourself on someone and causing them to endure your lying on top of them can only be understood as violent, unlawful coercion, as action taken without... consent.""Violently forcing yourself on someone and causing them to endure your lying on top of them can only be understood as violent, unlawful coercion, as action taken without... consent."
She also denied Swedish prosecutor Ms Nye was not authorised to issue the arrest warrant and said Mr Assange was wanted for prosecution not merely interrogation. She also contended Swedish prosecutor Ms Nye was authorised to issue the arrest warrant and said Mr Assange was wanted for prosecution not merely interrogation.
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.
Mr Assange appeared 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. Mr Assange appeared at court under an intense media spotlight, supported by a number of high-profile campaigners including Bianca Jagger, Jemima Khan and veteran politician Tony Benn.
Speaking following the first day of the hearing, he said a "black box has been applied to my life and on the outside of that box has been written rapist".Speaking following the first day of the hearing, he said a "black box has been applied to my life and on the outside of that box has been written rapist".
He said this was his opportunity to show in open court that the box was empty.He said this was his opportunity to show in open court that the box was empty.
The Australian had his bail conditions amended so he could leave his adopted home in Norfolk to spend the night in Paddington, west London.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.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 and claims the inquiry is politically motivated.He denies sexually assaulting two female supporters during a visit to Stockholm in August and claims the inquiry is politically motivated.
The hearing is expected to last two days.The hearing is expected to last two days.