Live data from Hacker News

Julian Assange 'disappointed' as sex assault case dropped

bbc.com

91–100 of 173 posts

Re: Julian Assange 'disappointed' as sex assault case dropped

#91
post #23

Earlier quoted context omitted.

That Sweden recognise his asylum claim in Ecuador as valid, which the Swedish prosecutor does not have the legal authority to do. There is a good writeup from a British legal blogger at http://jackofkent.com/2015/08/assange-the-law-of-limitation-... It's worth picking out as well that Assange faces British legal issues from breaching his bail conditions. The bail set during his very lengthy legal process which valida…

The extradition hearing took three days, which is hardly a "very lengthy process". And it didn't validate the Swedish judicial process because that isn't its function. An EAW extradition hearing in the UK is merely to establish that an extraditable offence is alleged, that the party requesting the extradition has standing, and that there are no Human Rights Act issues [1]. Persons facing extradition on an EAW don't g…

He went all the way up to the UK Supreme Court.

Re: Julian Assange 'disappointed' as sex assault case dropped

#92
post #81
post #60

Earlier quoted context omitted.

Except many of the claims his supporters make, including in this thread, are that what he allegedly did aren't actually crimes. The UK court system has repeatedly held that they are analogous to UK sexual offences. Others have argued that the Swedish prosecutor can't issue a warrant, again the Supreme Court decided otherwise. Given the scope of the UK Human Rights Act, along with the argued abuse of process claims, I…

I imagine the UK courts would hold that a rape charge in the UK is similar to a rape charge in Sweden. That makes sense. However, there's a difference between acknowledging that and ruling on whether the allegations have merit. They specifically didn't look at anything other than the allegations made on the European Arrest Warrant. From the High Court decision: > In respect of each offence, Mr Assange contended that…

So he wanted to be tried in the UK instead of Sweden?

Re: Julian Assange 'disappointed' as sex assault case dropped

#93

"Those doubting the degree of ruthlessness Assange can expect should remember the forcing down of the Bolivian president's plane in 2013 - wrongly believed to be carrying Edward Snowden." If you think of Sweden as ABBA, think again: "In December 2010, The Independent revealed that the two governments had discussed his onward extradition to the US." "The rendition and subsequent torture of two Egyptian political refug…

Because the UK has a fine human rights record (look at Northern Ireland) and always stands up the the USA (look at Iraq)

Re: Julian Assange 'disappointed' as sex assault case dropped

#94
post #90

Assange was now 5yrs 'imprisoned', how much would he have gotten in Sweden on the charges? (if proven guilty)

I'm not a lawyer, and I don't know much about Swedish law, but based on Finnish law (which tends to be very similar to Swedish), the maximum combined sentence for all the charges would have been 7 years in prison. The combined sentence is capped to the maximum for the most severe charge plus 3 years (when the most severe max is at least 4 years). In this case the most severe one is "lesser degree rape", for which the…

There's another sentence. For life, Julian Assange could be talked about as "a convicted rapist".

Re: Julian Assange 'disappointed' as sex assault case dropped

#95
post #46

Wonderful how Assange wants everything done on his terms, if I was accused of a serious crime I'd want to be questioned from somewhere they couldn't extract me from too.

It's Ecuador demanding the terms, not Assange. What makes this whole process so strange is the fact that there's multiple countries involved. Each country has it's own idea of human rights, it's own conception of judicial process. Judicial process in one country can easily resemble a human rights violation in another. It's one of the reasons political asylum exists. Ecuador granted Assange asylum because they recogni…

> It's Ecuador demanding the terms, not Assange.

I'd be shocked if Assange didn't agree to them.

Re: Julian Assange 'disappointed' as sex assault case dropped

#96
post #27

Oh such crocodile tears… He could have avoided disappointment by allowing the Swedish authorities to question him! All that time he was stuck in a Norfolk mansion he could have travelled to Sweden been questioned and if he was innocent as he claims be free to travel the world again.

The fact is that he was questioned before, stayed in the country and left after they allowed him to leave. Later Sweden decided to change it's mind and requested an extradition - just for questioning him, which they could easily have done locally (and, by the way, other countries do this) - which is, perhaps, not very common. And _coincidently_ this happened while Wikileaks was all over the media and the US was infur…

"questioning" is misleading. He was going to be arrested in Sweden.

Re: Julian Assange 'disappointed' as sex assault case dropped

#97
post #27

Earlier quoted context omitted.

The fact is that he was questioned before, stayed in the country and left after they allowed him to leave. Later Sweden decided to change it's mind and requested an extradition - just for questioning him, which they could easily have done locally (and, by the way, other countries do this) - which is, perhaps, not very common. And _coincidently_ this happened while Wikileaks was all over the media and the US was infur…

Worth remembering also that the reason Sweden wanted to extradite for questioning is that if they charged him first they would have been required to actually make the evidence public and Assange could then have defeated the extradition request by showing his behavior was not a crime under British law. Apologists for Sweden never seem to have read the UK high court judgment or seem familiar with the actual legal reaso…

> Assange could then have defeated the extradition request by showing his behavior was not a crime under British law.

Extradition is only allowed if it's for a crime that's illegal in both countries. Assange's legal team repeatidly challenged the extradition on the grounds that it wasn't a crime in the UK. The UK legal system consistantly said that it was.

Remember one of the charges/claims is that he had sex with someone who was asleep. That's a crime in the UK and Sweden.

Re: Julian Assange 'disappointed' as sex assault case dropped

#98
post #84
post #71

Earlier quoted context omitted.

The alleged victims are claiming no rape took place and that the police completely misinterpreted what they said, and later got railroaded by them. The initial prosecutor dropped the charges, but another prosecutor with a political background and a radical stance on what should be considered rape appealed that decision and got herself appointed to the case. She then declined multiple requests to schedule another inte…

Except the Swedish appeal courts have had several opportunities to review the warrant, and whilst they have reduced the severity of the allegations in 2010 they upheld it. Again in 2014 Assange went to the Swedish courts to try and get the warrant overturned and failed. So the Swedish courts certainly don't agree that this is a case without merit.

I never claimed otherwise, and while that is factually correct, it doesn't mean any of the other things mentioned are suddenly not true. I think the fact that they reduced the severity of the allegations and even went as far as criticizing the prosecutors for not moving the investigation forward in years is quite telling as well. And while the court's decision might be legally relevant, given all the other facts and seeing how the prosecutor behaves makes it quite clear this is nothing more than a smear campaign.

I'm usually the last person to fall for any kind of conspiracy theory, but this case could literally be taken straight from one of Kafka's books. Given all the things we know about this case, and things that went on during the peak of Snowden's story (presidential planes forced to land, among others), it would be naive to think this is not politically orchestrated, and arguing on technicalities plays right into their hands.

Re: Julian Assange 'disappointed' as sex assault case dropped

#99
post #73

Earlier quoted context omitted.

Yup they do so where is your evidence he was going to be extradited from Sweden to the US?

A few years ago, I would have said it was pure paranoia/conspiracy theory to suspect Sweden would extradite Assange. However, look at what happened to Snowden, stuck at the Moscow airport, because no country in the world (bar Ecuador and Cuba, I think) was brave enough to take him (fearing US wrath). The pressure from the US was immense. At some point a plane flying from Moscow to Ecuador (via Paris) was intercepted…

The cases aren't really comparable. No matter what you think of Snowden, he definitely broke US law in a pretty serious way. Assange is a publisher, as far as anyone can tell he's not broken any US laws.

Re: Julian Assange 'disappointed' as sex assault case dropped

#100

Earlier quoted context omitted.

He was at more risk of extradition to the US from the UK than he was from Sweden

Says who? Sweden? The UK? Assange? The US?

UK is in Five Eyes, Sweden is not. The UK is a co-founding member of NATO, Sweden is not in NATO. The USA & UK have a "special relationship", Sweden & USA don't. UK helped the USA invade Iraq, Sweden did not.
Post reply on HN