Wikileaks founder Assange loses appeal against extradition to Sweden

[midas]

Sweden is one of the last countries that is going to be subject to any arm twisting from the US.

The argument is that the actions against him are politically motivated. If that is the case, then returning him to Sweden would not be in the US interest. They simply do not have a history of kow-towing to US political interference.

that is only your opinion and your statement is not factual. You are of course entitled to that opinion

but after learning that Karl Rove is very close to the Swedish government and that

many believe he has been involved in this issue ( secretively of course ), my opinion is quite opposite to yours

"Many believe"??? Isn't that called a straw man argument?

Blame everybody but the guy that had unprotected sex in Sweden.

what has the question of whether or not he had unprotected sex in Sweden got to do with

an argument over whether he will or will not be swiftly removed to the USA?

By linking the two you are already indicating there may indeed be

preplanned intention to do so? that is not justice

Edited November 4, 2011 by midas

[Ulysses G.]

The thread is about "Assange loses appeal against extradition to Sweden" concerning sex charges. It has nothing to do with tinhat theories aboutr what might happen after that.

[chuckd]

that is only your opinion and your statement is not factual. You are of course entitled to that opinion

but after learning that Karl Rove is very close to the Swedish government and that

many believe he has been involved in this issue ( secretively of course ), my opinion is quite opposite to yours

"Many believe"??? Isn't that called a straw man argument?

Blame everybody but the guy that had unprotected sex in Sweden.

what has the question of whether or not he had unprotected sex in Sweden got to do with

an argument over whether he will or will not be swiftly removed to the USA?

By linking the two you are already indicating there may indeed be

preplanned intention to do so? that is not justice

Unprotected sex in Sweden is at the core of his problems.

His fight in England to avoid extradition to Sweden, the scene of his alleged crime, is not because of his fear of the US. He simply doesn't want to spend any time in Swedish jails.

He has eluded justice so far.

[Scott]

I would rather not have to step into this discussion, however, the issue is about a legally questionable liaison in Sweden. Has there been any evidence presented in the British extradition hearing to show that it is a political plan to have him sent to the US? If not, I am inclined to think that such discussions are conspiratorial and off-topic.

[Credo]

Karl Rove may have some sort of relationship with the Swedish gov't, but he is no friend to the current administration.

If the US is after Assange they will probably get him. It's only a matter of time until he goes to the wrong place at the wrong time. Personally, I think the US gov't is more concerned about plugging the leaks and protecting future documents. With Assange, the damage is done.

[Scott]

An off-topic post has been deleted. Please stay on the topic.

[midas]

that is only your opinion and your statement is not factual. You are of course entitled to that opinion

but after learning that Karl Rove is very close to the Swedish government and that

many believe he has been involved in this issue ( secretively of course ), my opinion is quite opposite to yours

"Many believe"??? Isn't that called a straw man argument?

Blame everybody but the guy that had unprotected sex in Sweden.

what has the question of whether or not he had unprotected sex in Sweden got to do with

an argument over whether he will or will not be swiftly removed to the USA?

By linking the two you are already indicating there may indeed be

preplanned intention to do so? that is not justice

Unprotected sex in Sweden is at the core of his problems.

His fight in England to avoid extradition to Sweden, the scene of his alleged crime, is not because of his fear of the US. He simply doesn't want to spend any time in Swedish jails.

He has eluded justice so far.

no it's because even Brita Sundberg-Weitman the former Swedish Appeals Court Judge says the arrest warrant to Sweden was invalid

"In my opinion, the EAW has not been issued for prosecution but, strictly speaking, been issued for the purposes of enforcing the order for detention in absentia referred to at box ( of the EAW. Therefore, the Swedish National Police Board was the only authority which could issue the EAW."

[midas]

Julian Assange extradited to face charges in Sweden

Assange's lawyer, Geoffrey Robertson QC told the hearing that rape trials in Sweden were "tried in secret behind closed doors in a flagrant denial of justice". While the activities of WikiLeaks are entirely unrelated to proceedings, Assange has said the sexual assault charges are politically motivated, and his lawyer expressed fear that his client would be extradited from Sweden to the USA to face charges relating to WikiLeaks, potentially facing the death penalty.

http://www.wired.co.uk/news/archive/2011-02/24/assange-extradited

Edited November 4, 2011 by midas

[midas]

I would rather not have to step into this discussion, however, the issue is about a legally questionable liaison in Sweden. Has there been any evidence presented in the British extradition hearing to show that it is a political plan to have him sent to the US? If not, I am inclined to think that such discussions are conspiratorial and off-topic.

To answer your question, the British Independent newspaper ( which has a reasonably good reputation ) actually discussed a proposed

new bill the " Securing Human Intelligence and Enforcing Lawful Dissemination (Shield) Bill " introduced by Congressman Peter King

which is tailor-made for Julian Assange.

http://www.independent.co.uk/news/world/americas/us-may-pass-new-law-to-prosecute-assange-2158070.html

Edited November 8, 2011 by metisdead
Do not modify someone else's post in your quoted reply, either with font or color changes.

[midas]

I would rather not have to step into this discussion, however, the issue is about a legally questionable liaison in Sweden. Has there been any evidence presented in the British extradition hearing to show that it is a political plan to have him sent to the US? If not, I am inclined to think that such discussions are conspiratorial and off-topic.

It's not a conspiracy because this is what the Senior District Judge (Chief Magistrate) Howard Riddle said in his Judgement on 24th February 2011 ( page 28 )

“ 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.”

http://www.judiciary.gov.uk/Resources/JCO/Documents/Judgments/jud-aut-sweden-v-assange-judgment.pdf

[Scott]

Thank you.

[chuckd]

I wonder if Assange has seen this article yet? Perhaps he really should worry about Sweden a little more.

______________________________________________________

SLEEP: Sex While Sleeping Is Real, and May Be No Joke

By Michael Smith, MedPage Today Staff Writer

Published: June 19, 2006

Reviewed by Robert Jasmer, MD; Assistant Professor of Medicine, University of California, San Francisco .

SALT LAKE CITY, June 19 — An extreme form of sleep-walking—having sex while asleep—is probably much more common than physicians have previously suspected, researchers reported here.

This study was published as an abstract and presented orally at a conference. These data and conclusions should be considered to be preliminary as they have not yet been reviewed and published in a peer-reviewed publication.

"The important message is that this is a real entity," said Colin Shapiro, M.B., ChB, Ph.D., of the University Health Network in Toronto at Sleep 2006, the joint meeting of the Sleep Research Society and the American Academy of Sleep Medicine.

Entire article here: http://www.medpagetoday.com/primarycare/sleepdisorders/3568?np=1&xid=ob_pcp

[midas]

I wonder if Assange has seen this article yet? Perhaps he really should worry about Sweden a little more.

______________________________________________________

SLEEP: Sex While Sleeping Is Real, and May Be No Joke

By Michael Smith, MedPage Today Staff Writer

Published: June 19, 2006

Reviewed by Robert Jasmer, MD; Assistant Professor of Medicine, University of California, San Francisco .

SALT LAKE CITY, June 19 — An extreme form of sleep-walking—having sex while asleep—is probably much more common than physicians have previously suspected, researchers reported here.

This study was published as an abstract and presented orally at a conference. These data and conclusions should be considered to be preliminary as they have not yet been reviewed and published in a peer-reviewed publication.

"The important message is that this is a real entity," said Colin Shapiro, M.B., ChB, Ph.D., of the University Health Network in Toronto at Sleep 2006, the joint meeting of the Sleep Research Society and the American Academy of Sleep Medicine.

Entire article here: http://www.medpagetoday.com/primarycare/sleepdisorders/3568?np=1&xid=ob_pcp

I see nothing in this report which indicates this condition only applies to males?

[GentlemanJim]

I wonder if Assange has seen this article yet? Perhaps he really should worry about Sweden a little more.

______________________________________________________

SLEEP: Sex While Sleeping Is Real, and May Be No Joke

By Michael Smith, MedPage Today Staff Writer

Published: June 19, 2006

Reviewed by Robert Jasmer, MD; Assistant Professor of Medicine, University of California, San Francisco .

SALT LAKE CITY, June 19 — An extreme form of sleep-walking—having sex while asleep—is probably much more common than physicians have previously suspected, researchers reported here.

This study was published as an abstract and presented orally at a conference. These data and conclusions should be considered to be preliminary as they have not yet been reviewed and published in a peer-reviewed publication.

"The important message is that this is a real entity," said Colin Shapiro, M.B., ChB, Ph.D., of the University Health Network in Toronto at Sleep 2006, the joint meeting of the Sleep Research Society and the American Academy of Sleep Medicine.

Entire article here: http://www.medpageto...np=1&xid=ob_pcp

Seems like a perfect defence then.

[chuckd]

I wonder if Assange has seen this article yet? Perhaps he really should worry about Sweden a little more.

______________________________________________________

SLEEP: Sex While Sleeping Is Real, and May Be No Joke

By Michael Smith, MedPage Today Staff Writer

Published: June 19, 2006

Reviewed by Robert Jasmer, MD; Assistant Professor of Medicine, University of California, San Francisco .

SALT LAKE CITY, June 19 — An extreme form of sleep-walking—having sex while asleep—is probably much more common than physicians have previously suspected, researchers reported here.

This study was published as an abstract and presented orally at a conference. These data and conclusions should be considered to be preliminary as they have not yet been reviewed and published in a peer-reviewed publication.

"The important message is that this is a real entity," said Colin Shapiro, M.B., ChB, Ph.D., of the University Health Network in Toronto at Sleep 2006, the joint meeting of the Sleep Research Society and the American Academy of Sleep Medicine.

Entire article here: http://www.medpageto...np=1&xid=ob_pcp

Seems like a perfect defence then.

Ah, but you see, it wasn't Assange that was asleep. It was the alleged victim.

[midas]

I wonder if Assange has seen this article yet? Perhaps he really should worry about Sweden a little more.

______________________________________________________

SLEEP: Sex While Sleeping Is Real, and May Be No Joke

By Michael Smith, MedPage Today Staff Writer

Published: June 19, 2006

Reviewed by Robert Jasmer, MD; Assistant Professor of Medicine, University of California, San Francisco .

SALT LAKE CITY, June 19 — An extreme form of sleep-walking—having sex while asleep—is probably much more common than physicians have previously suspected, researchers reported here.

This study was published as an abstract and presented orally at a conference. These data and conclusions should be considered to be preliminary as they have not yet been reviewed and published in a peer-reviewed publication.

"The important message is that this is a real entity," said Colin Shapiro, M.B., ChB, Ph.D., of the University Health Network in Toronto at Sleep 2006, the joint meeting of the Sleep Research Society and the American Academy of Sleep Medicine.

Entire article here: http://www.medpageto...np=1&xid=ob_pcp

Seems like a perfect defence then.

Ah, but you see, it wasn't Assange that was asleep. It was the alleged victim.

and how did she prove that?

[chuckd]

Seems like a perfect defence then.

Ah, but you see, it wasn't Assange that was asleep. It was the alleged victim.

and how did she prove that?

We don't know, do we. He has been avoiding answering questions.

Please notice the word 'alleged' that precedes the word 'victim'.

[midas]

Seems like a perfect defence then.

Ah, but you see, it wasn't Assange that was asleep. It was the alleged victim.

and how did she prove that?

We don't know, do we. He has been avoiding answering questions.

Please notice the word 'alleged' that precedes the word 'victim'.

no he has never avoided answering questions because he offered to do so

1. through video link from the UK which the Swedish prosecutor rejected

2. in the UK to the Judges in the British legal system.( you will see this if you read the judgement from the appeal last week)

So to just say he has been avoiding answering questions does not give a clear picture.

answering questions

[GentlemanJim]

I wonder if Assange has seen this article yet? Perhaps he really should worry about Sweden a little more.

______________________________________________________

SLEEP: Sex While Sleeping Is Real, and May Be No Joke

By Michael Smith, MedPage Today Staff Writer

Published: June 19, 2006

Reviewed by Robert Jasmer, MD; Assistant Professor of Medicine, University of California, San Francisco .

SALT LAKE CITY, June 19 — An extreme form of sleep-walking—having sex while asleep—is probably much more common than physicians have previously suspected, researchers reported here.

This study was published as an abstract and presented orally at a conference. These data and conclusions should be considered to be preliminary as they have not yet been reviewed and published in a peer-reviewed publication.

"The important message is that this is a real entity," said Colin Shapiro, M.B., ChB, Ph.D., of the University Health Network in Toronto at Sleep 2006, the joint meeting of the Sleep Research Society and the American Academy of Sleep Medicine.

Entire article here: http://www.medpageto...np=1&xid=ob_pcp

Seems like a perfect defence then.

Ah, but you see, it wasn't Assange that was asleep. It was the alleged victim.

So she could indeed have started the encounter with him in her sleep, or continued it through to its 'end point' whilst sleeping. I am quite positive both my wife and I have initiated 'encounters' in the early hours whilst dreaming and 'dreams, turned into reality'. Are we all supposed to get a digital recording of the people we sleep with and make love to saying "yes I am awake and consent to sexual intercourse", before each and every encounter? If Assange is found guilty on that count then it sets that exact precedence.

Why did a member of the Swedish police not travel to the UK to question Assange? That would be the normal procedure. It seems like the charges are trumped up completely with little chance (or Intent) of success. However the US will be straight in with an extradition order. How convenient.

Edited November 8, 2011 by GentlemanJim

[midas]

I wonder if Assange has seen this article yet? Perhaps he really should worry about Sweden a little more.

______________________________________________________

SLEEP: Sex While Sleeping Is Real, and May Be No Joke

By Michael Smith, MedPage Today Staff Writer

Published: June 19, 2006

Reviewed by Robert Jasmer, MD; Assistant Professor of Medicine, University of California, San Francisco .

SALT LAKE CITY, June 19 — An extreme form of sleep-walking—having sex while asleep—is probably much more common than physicians have previously suspected, researchers reported here.

This study was published as an abstract and presented orally at a conference. These data and conclusions should be considered to be preliminary as they have not yet been reviewed and published in a peer-reviewed publication.

"The important message is that this is a real entity," said Colin Shapiro, M.B., ChB, Ph.D., of the University Health Network in Toronto at Sleep 2006, the joint meeting of the Sleep Research Society and the American Academy of Sleep Medicine.

Entire article here: http://www.medpageto...np=1&xid=ob_pcp

Seems like a perfect defence then.

Ah, but you see, it wasn't Assange that was asleep. It was the alleged victim.

So she could indeed have started the encounter with him in her sleep, or continued it through to its 'end point' whilst sleeping. I am quite positive both my wife and I have initiated 'encounters' in the early hours whilst dreaming and 'dreams, turned into reality'. Are we all supposed to get a digital recording of the people we sleep with and make love to saying "yes I am awake and consent to sexual intercourse", before each and every encounter? If Assange is found guilty on that count then it sets that exact precedence.

Why did a member of the Swedish police not travel to the UK to question Assange? That would be the normal procedure. It seems like the charges are trumped up completely with little chance (or Intent) of success. However the US will be straight in with an extradition order. How convenient.

It is a total sham GentlemanJim

" The prosecutor Marianne Ny has misled the public stating that Swedish and UK law do not permit her to question Julian Assange in the UK. Three days after (05 December 2010) she had issued the EAW for Julian Assange, Ny commented:

"Both British and Swedish law prevent me from questioning Assange in London."

Ny also claimed that questioning in the UK was illegal in a Time interview on 3 December 2010. This has been forcefully rebutted by several experts, and is clearly permitted by law (see below). There is also a legal precedent from the Swedish Supreme Court from 2007, which acknowledges questioning via video link as proportionate when the subject is abroad. The same ruling (NJA [2007] 337) finds that it is disproportionate to issue an arrest warrant for a person who is cooperating with the judicial authorities at the preliminary investigation stage, before a decision has been made whether to prosecute.

Incidentally, Ny’s comments to the Swedish press stating that she is not permitted to question Assange in the UK have subsequently been redacted: compare the original to the redacted version. (If these links are broken click here.)"

http://www.swedenversusassange.com/Prosecution.html

Edited November 9, 2011 by metisdead
Do not modify someone else's post in your quoted reply, either with font or color changes.

[MikeyIdea]

no he has never avoided answering questions because he offered to do so

1. through video link from the UK which the Swedish prosecutor rejected

2. in the UK to the Judges in the British legal system.( you will see this if you read the judgement from the appeal last week)

So to just say he has been avoiding answering questions does not give a clear picture.

answering questions

1) I would never want to be a victim in a criminal case if live in a country that accepts video questioning - It is incorrect that "most countries accept this" - Criminal cases and no European countries do this

2) The Brits themselves stated early that they do not have the knowledge to question according to Swedish law

You are mixing up criminal and civil law

[midas]

no he has never avoided answering questions because he offered to do so

1. through video link from the UK which the Swedish prosecutor rejected

2. in the UK to the Judges in the British legal system.( you will see this if you read the judgement from the appeal last week)

So to just say he has been avoiding answering questions does not give a clear picture.

answering questions

1) I would never want to be a victim in a criminal case if live in a country that accepts video questioning - It is incorrect that "most countries accept this" - Criminal cases and no European countries do this

2) The Brits themselves stated early that they do not have the knowledge to question according to Swedish law

You are mixing up criminal and civil law

no I am not mixing criminal and civil law. I am actually relying on what

a former Swedish appeals court judge said in this matter

" "Most significantly, I consider it inappropriate and disproportionate that Ms. Ny sought an INTERPOL arrest warrant and EAW for Mr. Assange. It is not clear why she refused to interview him in London, since doing so would be in accordance with the rules set forth under the terms of Mutual Legal Assistance. Ms. Ny is reported to have stated that it was incompatible with Swedish law to interrogate Mr. Assange in London. This is clearly not true. According to the International Judicial Assistance Act (2000:582), Chapter 4, Section 10, prosecutors may hold interviews by telephone during a preliminary investigation if the person in question is in another state, if that state allows [this was also confirmed in a Supreme Court ruling in Sweden, NJA 2007 337]."

Brita Sundberg-Weitman -former Swedish appeal court judge

Edited November 9, 2011 by midas

[MikeyIdea]

no he has never avoided answering questions because he offered to do so

1. through video link from the UK which the Swedish prosecutor rejected

2. in the UK to the Judges in the British legal system.( you will see this if you read the judgement from the appeal last week)

So to just say he has been avoiding answering questions does not give a clear picture.

answering questions

1) I would never want to be a victim in a criminal case if live in a country that accepts video questioning - It is incorrect that "most countries accept this" - Criminal cases and no European countries do this

2) The Brits themselves stated early that they do not have the knowledge to question according to Swedish law

You are mixing up criminal and civil law

no I am not mixing criminal and civil law. I am actually relying on what

a former Swedish appeals court judge said in this matter

" "Most significantly, I consider it inappropriate and disproportionate that Ms. Ny sought an INTERPOL arrest warrant and EAW for Mr. Assange. It is not clear why she refused to interview him in London, since doing so would be in accordance with the rules set forth under the terms of Mutual Legal Assistance. Ms. Ny is reported to have stated that it was incompatible with Swedish law to interrogate Mr. Assange in London. This is clearly not true. According to the International Judicial Assistance Act (2000:582), Chapter 4, Section 10, prosecutors may hold interviews by telephone during a preliminary investigation if the person in question is in another state, if that state allows [this was also confirmed in a Supreme Court ruling in Sweden, NJA 2007 337]."

Brita Sundberg-Weitman -former Swedish appeal court judge

All levels of rape in Sweden are serious crimes according to criminal law - all countries in Europe that I know of (I don't know procedure in all of them though) will NOT accept questioning in another country or as you suggest, by phone, in a criminal case. What you quote is applicable for civil court cases

If my daughter were a rape victim, then I would be glad that the legal system takes her case seriously and demand questioning in the country where the alleged crime took place. I find this perfectly correct

[GentlemanJim]

no he has never avoided answering questions because he offered to do so

1. through video link from the UK which the Swedish prosecutor rejected

2. in the UK to the Judges in the British legal system.( you will see this if you read the judgement from the appeal last week)

So to just say he has been avoiding answering questions does not give a clear picture.

answering questions

1) I would never want to be a victim in a criminal case if live in a country that accepts video questioning - It is incorrect that "most countries accept this" - Criminal cases and no European countries do this

2) The Brits themselves stated early that they do not have the knowledge to question according to Swedish law

You are mixing up criminal and civil law

no I am not mixing criminal and civil law. I am actually relying on what

a former Swedish appeals court judge said in this matter

" "Most significantly, I consider it inappropriate and disproportionate that Ms. Ny sought an INTERPOL arrest warrant and EAW for Mr. Assange. It is not clear why she refused to interview him in London, since doing so would be in accordance with the rules set forth under the terms of Mutual Legal Assistance. Ms. Ny is reported to have stated that it was incompatible with Swedish law to interrogate Mr. Assange in London. This is clearly not true. According to the International Judicial Assistance Act (2000:582), Chapter 4, Section 10, prosecutors may hold interviews by telephone during a preliminary investigation if the person in question is in another state, if that state allows [this was also confirmed in a Supreme Court ruling in Sweden, NJA 2007 337]."

Brita Sundberg-Weitman -former Swedish appeal court judge

All levels of rape in Sweden are serious crimes according to criminal law - all countries in Europe that I know of (I don't know procedure in all of them though) will NOT accept questioning in another country or as you suggest, by phone, in a criminal case. What you quote is applicable for civil court cases

If my daughter were a rape victim, then I would be glad that the legal system takes her case seriously and demand questioning in the country where the alleged crime took place. I find this perfectly correct

Mickeyidea

I am glad you know more about the legal system in Sweden than a Swedish Appeal Court Judge. It never fails to amaze me of the talent you meet on Thaivisa.

Edited November 9, 2011 by GentlemanJim

[midas]

All levels of rape in Sweden are serious crimes according to criminal law - all countries in Europe that I know of (I don't know procedure in all of them though) will NOT accept questioning in another country or as you suggest, by phone, in a criminal case. What you quote is applicable for civil court cases

If my daughter were a rape victim, then I would be glad that the legal system takes her case seriously and demand questioning in the country where the alleged crime took place. I find this perfectly correct

there are more than enough mitigating circumstances to suggest there was no rape which may explain why there hasn't even been

any charges yet

1.It is not at all clear how ’violence’ and ’force’ are deduced from the statements of the complainants.

2.The EAW fails to include any reference to the mental element of Julian Assange at the time, which is the crucial element in English Law determining whether the conduct was an offence. It would have to be proved that complainant AA did not consent and that Julian Assange did not reasonably believe that complainant AA was consenting.

3. It is reasonable to believe that Julian Assange believed she was consenting because she allowed him to remove her clothes and laid down on her back and when Julian Assange asked why she was squeezing her legs together, she replied that she wanted him to put on a condom, and he agreed to do so.

4. From the information provided in the original complaint and the EAW this would not constitute an offence under English law.

Andrew Ashworth Professor of English Law at the University of Oxford

Edited November 9, 2011 by metisdead
Do not modify someone else's post in your quoted reply, either with font or color changes.

[MikeyIdea]

All levels of rape in Sweden are serious crimes according to criminal law - all countries in Europe that I know of (I don't know procedure in all of them though) will NOT accept questioning in another country or as you suggest, by phone, in a criminal case. What you quote is applicable for civil court cases

If my daughter were a rape victim, then I would be glad that the legal system takes her case seriously and demand questioning in the country where the alleged crime took place. I find this perfectly correct

Mickeyidea

I am glad you know more about the legal system in Sweden than a Swedish Appeal Court Judge. It never fails to amaze me of the talent you meet on Thaivisa.

And as you know, both criminal and civil courts have appeals courts. My comment still stands

All levels of rape in Sweden are serious crimes according to criminal law - all countries in Europe that I know of (I don't know procedure in all of them though) will NOT accept questioning in another country or as you suggest, by phone, in a criminal case

What you quote is applicable for civil court cases

Edit: The same comment apply for midas post above

Edited November 9, 2011 by MikeyIdea

[midas]

All levels of rape in Sweden are serious crimes according to criminal law - all countries in Europe that I know of (I don't know procedure in all of them though) will NOT accept questioning in another country or as you suggest, by phone, in a criminal case. What you quote is applicable for civil court cases

If my daughter were a rape victim, then I would be glad that the legal system takes her case seriously and demand questioning in the country where the alleged crime took place. I find this perfectly correct

Mickeyidea

I am glad you know more about the legal system in Sweden than a Swedish Appeal Court Judge. It never fails to amaze me of the talent you meet on Thaivisa.

And as you know, both criminal and civil courts have appeals courts. My comment still stands

All levels of rape in Sweden are serious crimes according to criminal law - all countries in Europe that I know of (I don't know procedure in all of them though) will NOT accept questioning in another country or as you suggest, by phone, in a criminal case

What you quote is applicable for civil court cases

Edit: The same comment apply for midas post above

doesnt sound like rape ............?

"They sat on the bed and talked and he took off her clothes again. They had sex again and she discovered he’d put the condom only over the head of his penis but she let it be. They fell asleep and she woke by feeling him penetrate her [De somnade och hon vaknade till av att hon kände honom tränga in i henne]. She immediately asked ’are you wearing anything’ and he answered ’you’. She told him ’you better not have HIV’ and he replied ’of course not’. She felt it was too late. He was already inside her and she let him continue. She couldn’t be bothered telling him again. She’d been nagging about condoms all night long. She’s never had unprotected sex. He said he wanted to come inside her, he didn’t say when he’d done it but he did it. There was a lot running out of her afterwards."

[Wallaby]

All levels of rape in Sweden are serious crimes according to criminal law - all countries in Europe that I know of (I don't know procedure in all of them though) will NOT accept questioning in another country or as you suggest, by phone, in a criminal case. What you quote is applicable for civil court cases

If my daughter were a rape victim, then I would be glad that the legal system takes her case seriously and demand questioning in the country where the alleged crime took place. I find this perfectly correct

Mickeyidea

I am glad you know more about the legal system in Sweden than a Swedish Appeal Court Judge. It never fails to amaze me of the talent you meet on Thaivisa.

And as you know, both criminal and civil courts have appeals courts. My comment still stands

All levels of rape in Sweden are serious crimes according to criminal law - all countries in Europe that I know of (I don't know procedure in all of them though) will NOT accept questioning in another country or as you suggest, by phone, in a criminal case

What you quote is applicable for civil court cases

Edit: The same comment apply for midas post above

I think you are confused. The authorities cannot demand you do anything. It is not up to Sweden to dictate how and when Assange will answer anything. It is up to Assange as to whether he wants to answer any questions. If he decides he does want to answer anything then he can do so in any way he wants. If he says he will only answer via video then that's it. Swedish authorities have no right to determine how a person wishes to answer questions. Sweden has issued an arrest warrent to have him brought to their country for questioning, that doesn't mean he has to answer any questions when he gets there.

It's all smoke and mirrors. The arrest warrant is for questioning, no one in their right mind, whether they are guilty or not, would answer any questions because all it will do is assist authorities in determining what/how many charges they will lay. Simply put, they will ask him questions, he should say nothing, they will then just lay whatever charges they think they can get him with.

You had a query about answering questions via video. I have worked in the courts in Australia for many years, though that was over 10 years ago. I don't know of anyone answering questions actually via video prior to an arrest. Though many have answered questions on the phone. It may be that you are actually asking about evidence in a trial, if that is the case then the answer, at least here in oz , 'yes'. It happens quite regularly for evidence in trials to be either on video, or on phone in criminal trial. The accused is never compelled to give evidence and if he/she decided they wanted to give evidence I don't know why they would want it done via video.

[midas]

All levels of rape in Sweden are serious crimes according to criminal law - all countries in Europe that I know of (I don't know procedure in all of them though) will NOT accept questioning in another country or as you suggest, by phone, in a criminal case. What you quote is applicable for civil court cases

If my daughter were a rape victim, then I would be glad that the legal system takes her case seriously and demand questioning in the country where the alleged crime took place. I find this perfectly correct

Mickeyidea

I am glad you know more about the legal system in Sweden than a Swedish Appeal Court Judge. It never fails to amaze me of the talent you meet on Thaivisa.

And as you know, both criminal and civil courts have appeals courts. My comment still stands

All levels of rape in Sweden are serious crimes according to criminal law - all countries in Europe that I know of (I don't know procedure in all of them though) will NOT accept questioning in another country or as you suggest, by phone, in a criminal case

What you quote is applicable for civil court cases

Edit: The same comment apply for midas post above

I think you are confused. The authorities cannot demand you do anything. It is not up to Sweden to dictate how and when Assange will answer anything. It is up to Assange as to whether he wants to answer any questions. If he decides he does want to answer anything then he can do so in any way he wants. If he says he will only answer via video then that's it. Swedish authorities have no right to determine how a person wishes to answer questions. Sweden has issued an arrest warrent to have him brought to their country for questioning, that doesn't mean he has to answer any questions when he gets there.

It's all smoke and mirrors. The arrest warrant is for questioning, no one in their right mind, whether they are guilty or not, would answer any questions because all it will do is assist authorities in determining what/how many charges they will lay. Simply put, they will ask him questions, he should say nothing, they will then just lay whatever charges they think they can get him with.

You had a query about answering questions via video. I have worked in the courts in Australia for many years, though that was over 10 years ago. I don't know of anyone answering questions actually via video prior to an arrest. Though many have answered questions on the phone. It may be that you are actually asking about evidence in a trial, if that is the case then the answer, at least here in oz , 'yes'. It happens quite regularly for evidence in trials to be either on video, or on phone in criminal trial. The accused is never compelled to give evidence and if he/she decided they wanted to give evidence I don't know why they would want it done via video.

But I'm quite sure Julian Assange would have willingly gone to Sweden in person and answered questions in Sweden well before now if it wasn't for two things:-

( 1 ) Sweden does not have a bail system so he can be kept in prison while the questioning goes on for a long time and still before any charges are laid.

( 2 ) he is naturally concerned that this is just a means to have him sent on the USA.

If Sweden was " bone fide " about only wanting to pursue the sexual charges there was absolutely nothing to stop them from giving assurances in advance and in return for Julian Assange volunteering to go there in person that they would unequivocally not hand him over to a third party.

Sweden never gave this assurance so clearly it was not in Julian Assange’s interest to take the risk of travelling to Sweden in person.

Edited November 9, 2011 by midas

[MikeyIdea]

All levels of rape in Sweden are serious crimes according to criminal law - all countries in Europe that I know of (I don't know procedure in all of them though) will NOT accept questioning in another country or as you suggest, by phone, in a criminal case. What you quote is applicable for civil court cases

If my daughter were a rape victim, then I would be glad that the legal system takes her case seriously and demand questioning in the country where the alleged crime took place. I find this perfectly correct

Mickeyidea

I am glad you know more about the legal system in Sweden than a Swedish Appeal Court Judge. It never fails to amaze me of the talent you meet on Thaivisa.

And as you know, both criminal and civil courts have appeals courts. My comment still stands

All levels of rape in Sweden are serious crimes according to criminal law - all countries in Europe that I know of (I don't know procedure in all of them though) will NOT accept questioning in another country or as you suggest, by phone, in a criminal case

What you quote is applicable for civil court cases

Edit: The same comment apply for midas post above

I think you are confused. The authorities cannot demand you do anything. It is not up to Sweden to dictate how and when Assange will answer anything. It is up to Assange as to whether he wants to answer any questions. If he decides he does want to answer anything then he can do so in any way he wants. If he says he will only answer via video then that's it. Swedish authorities have no right to determine how a person wishes to answer questions. Sweden has issued an arrest warrent to have him brought to their country for questioning, that doesn't mean he has to answer any questions when he gets there.

It's all smoke and mirrors. The arrest warrant is for questioning, no one in their right mind, whether they are guilty or not, would answer any questions because all it will do is assist authorities in determining what/how many charges they will lay. Simply put, they will ask him questions, he should say nothing, they will then just lay whatever charges they think they can get him with.

You had a query about answering questions via video. I have worked in the courts in Australia for many years, though that was over 10 years ago. I don't know of anyone answering questions actually via video prior to an arrest. Though many have answered questions on the phone. It may be that you are actually asking about evidence in a trial, if that is the case then the answer, at least here in oz , 'yes'. It happens quite regularly for evidence in trials to be either on video, or on phone in criminal trial. The accused is never compelled to give evidence and if he/she decided they wanted to give evidence I don't know why they would want it done via video.

You are absolutely right that Assange can choose not to answer any questions including after he has been transferred to Sweden. If he does not want to answer, then decision to charge him with rape or not will be taken without his input, no problems.

A British court has just confirmed that he should be questioned in Sweden so that makes it 2 countries and 2 different legal systems that think that is correct. I think the same for a serious crime like rape. I have no problems with video conferencing for less serious crimes, a normal phone call is fine too for minor offences. What serious is, is always up to the legal system in the country where alleged crime has taken place

I do not argue that video is not common evidence in court cases, it is not only common, it's good evidence too. I do however not think that the Austrailan criminal court system would accept questioning via phone or video in a rape case, I could be wrong but I doubt it. Sweden and the countries in Europe that I know of do not, no change there.

I would personally answer questions if I were innocent and not answer if I were guilty. Assange was prepared to answer via video in England so he probably considers himself innocent - according to the law in the countries he knows about - where he has spent the majority of his time probably. Too bad Sweden has different laws

Where does our opinion differ?