Reply #82

http://justice4assange.com/The-European-Arrest-Warrant.html

he EAW for Julian Assange has been challenged on three grounds: Firstly, technical grounds (such as the wording in the EAW, who issued it, and for what purpose); secondly, on grounds that the Prosecution was acting in abuse of process; and thirdly, on the grounds that the EAW conflicts with UK and European Human Rights legislation. While in the February Hearing, Julian Assange’s legal team focussed on all three aspects, in the High Court Ruling the new legal team narrowed the challenge to the EAW to three points relating to the first of these grounds. For the legal arguments, visit February Hearing and High Court Ruling.
In general, the problems with Julian Assange’s EAW come down to:
No charge
Facts do not meet the alleged conduct specified in Sexual Offences.
The Allegations of Sexual Offences, even if true, amount to conduct that would be legal in the UK.
Timing: EAW & INTERPOL Red Notice
The EAW is based on an Investigation that has been carried out improperly.
The EAW has been issued in abuse of process. The Prosecution issued the EAW for questioning, not prosecution. The Prosecution has not provided Assange with evidence in English. The Prosecution fails to disclose evidence that demonstrates abuse of process. The Prosecution has denied Julian Assange his right to confidentiality and increased the risk of facing an unfair trial given that the Swedish media has already labeled him as a ’double rapist’.