Mon Jul 2, 2012, 11:32 AM
struggle4progress (85,590 posts)
No testimony on extradition to the US was provided at Belmarsh, except to discredit it:
... Sven-Eric Alhem gave evidence the next day, 8th February ... Mr Alhem retired in July 2008 after a legal career as a prosecutor, including serving as the Chief District Prosecutor in Stockholm and later as Director for the Regional Prosecution Authority in Stockholm. Since 2008 he has seen himself primarily as a social commentator on legal matters ...
He was then asked about extradition from Sweden to the United States. He is not an expert on what happens but had brought a Guide and had considered the specialty principle. His reading was that normally there could not be a further surrender to a country outside the European Union but there are exceptions. It would be “completely impossible to extradite Mr Assange to the USA without a media storm”. It is quite right to say that he would not be extradited to the USA ...
There was at one stage a suggestion that Mr Assange could be extradited to the USA (possibly to Guantanamo Bay or to execution as a traitor). The only live evidence on the point came from the defence witness Mr Alhem who said it couldn’t happen. In the absence of any evidence that Mr Assange risks torture or execution Mr Robertson was right not to pursue this point in closing. It may be worth adding that I do not know if Sweden has an extradition treaty with the United States of America. There has been no evidence regarding this. I would expect that there is such a treaty. If Mr Assange is surrendered to Sweden and a request is made to Sweden for his extradition to the United States of America, then article 28 of the framework decision applies. In such an event the consent of the Secretary of State in this country will be required, in accordance with section 58 of the Extradition Act 2003, before Sweden can order Mr Assange’s extradition to a third State. The Secretary of State is required to give notice to Mr Assange unless it is impracticable to do so. Mr Assange would have the protection of the courts in Sweden and, as the Secretary of State’s decision can be reviewed, he would have the protection of the English courts also. But none of this was argued ...
City of Westminster Magistrates’ Court (Sitting at Belmarsh Magistrates’ Court)
The judicial authority in Sweden -v- Julian Paul Assange
Findings of facts and reasons
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