Assange files case to dismiss Swedish warrant
Appeal to Sweden’s Supreme Court
On 11 May 2015 the Supreme Court of Sweden issued a split decision in relation to Julian Assange’s appeal in the detention matter. Judge Svante O. Johansson wrote the dissenting opinion finding in favour of Julian Assange arguing that the actual harm and intrusion outweighed the reasons for a continued detention. The majority argued that Julian Assange should continue to be detained in absentia without charge and that the fact that the preliminary investigation had been frozen for over four years could be disregarded because the prosecutor decided on March 13, 2015 that she would accept questioning Mr. Assange in the embassy of Ecuador in London, where he has asylum. Sweden’s Court of Appeal had rebuked the prosecutor in November 2014 for breaching her duty to progress the preliminary investigation. Read more.
The United Nations adjudicating body on arbitrary detention, the Working Group on Arbitrary Detention, is currently considering Julian Assange’s filing, and a verdict is expected imminently.
On 25 February 2015 Julian Assange filed his appeal before the Supreme Court of Sweden.
Appendices to the Swedish Supreme Court Submission
- Fair Trials International Legal Opinion
- Regarding the right to effectively access and invoke evidence in criminal proceedings in pre-trial detention
- Legal Note: Application for Urgent Preliminary Procedure
- For a Preliminary ruling on the implementation of Directive 2012/13/EU
The initial challenge was filed on 24th of June at 1pm CET, Julian Assange’s lawyers filed a request to Stockholm District Court to rescind the decision to detain him without charge.
The decision has kept him in different forms of deprivation of liberty since 7 December 2010. The legal actions will lead to the first custody hearing since his arrest.
The Julian Assange case is Sweden’s longest running pre-trial, pre-charge deprivation of liberty (the matter is formally at the ’preliminary investigation’ stage). Julian Assange is in a legal no-man’s-land: he has not been indicted so he cannot formally defend himself.
The Swedish government refuses to guarantee he will not be extradited to the United States. The Swedish prosecutor, unlike in other cases, refuses to question him in London or via video link, instead demanding that Mr. Assange give up his right to political asylum and speak to her in Sweden. The UK has encricled Mr. Assange at a cost to date of over GBP 10.000.000 (see: http://govwaste.co.uk).
Assange obtained political asylum in relation to the United States criminal investigation against WikiLeaks in 2012. The United Kingdom and Sweden have both refused to give a guarantee that Julian Assange will not be extradited to the United States for his WikiLeaks activities. Earlier this week, 59 international organizations submitted complaints about the investigation against Julian Assange to the United Nations Human Rights Commission.
On 19 June 2014, 56 international free press and human rights organisations signed an open letter to US Attorney General Eric Holder to drop the investiigation against WikiLeaks: https://t.co/cbZcz2dHEE
Read Julian Assange’s sworn statement from September 2013 about his stay in Sweden: http://wikileaks.org/IMG/html/Affid...
Read the reports to the UN Human Rights Commission:
- English Submission
- Joint Submission for the 21st Session of the Universal Periodic Review of the Kingdom of Sweden
- UPR NGO Submission 3 (in Spanish)
- Pedido de mediación ante el gobierno de Suecia para la liberación del Señor Assange