Document sets out arguments against extradition of WikiLeaks founder
The legal team for WikiLeaks founder Julian Assange has set out its skeleton argument opposing extradition to Sweden.
The provisional 35-page document, drawn up by Finers Stephens Innocent, outlines seven points of issue, including that the Swedish prosecutor, Ms Ny, is not authorised to issue a European Arrest Warrant as she is not a “judicial authority”; that the request has been sought for further questioning and not for prosecution; that there has not been full disclosure of investigation documents by the Swedish authorities; and that the offences are not extradition offences.
The document also claims there is a “real risk” that, if extradited to Sweden, the US will seek his extradition and there will be a risk of him being detained in Guantanamo Bay or even given the death penalty since prominent political figures in the US have called for his execution.
Daniel Barnett, barrister at Outer Temple Chambers, says: “While an arrest warrant should not be used to extradite a suspect for mere questioning, it is unclear whether the Swedish prosecutor wishes to do more.
“The arrest warrant does say that it is issued for the purpose of ‘conducting a criminal prosecution’, and Mr Assange will have to persuade the UK court that this is not the Swedish prosecutor’s real intention. That may not be easy.
“His other main argument is that the Swedish prosecutor has failed to disclose core documents (including an alleged text message where the rape complainant apparently said she was ‘half asleep’ at the time of the alleged assault). Julian Assange contends this has later been bolstered into an allegation that she was fully asleep, to support the making of a rape allegation, and that the prosecutor’s failure to disclose these core documents is a ‘prosecutorial abuse’ which should invalidate the arrest warrant.”
The Australian has been living at a supporter’s country estate since being released on bail in December.
