http://www.guardian.co.uk/news/blog/2011/jan/11/wikileaks-latest-developmentsPosted by
Simon Jeffery Tuesday 11 January 2011 09.22 GMT
guardian.co.uk
12.45pm: A quick summary of the defence argument, which was posted a little earlier by Assange's legal team:
- snip -]
• Abuses of process by the Swedish prosecutor. The document says that she has sought Assange's extradition when she has not yet decided to prosecute him and is seeking extradition for questioning him in order to further her investigation. It repeats that arrest for the purpose of questioning is unnecessary since Assange has already offered to be questioned. The defence states that the "proper, proportionate and legal means of requesting a person's questioning in the UK in these circumstances is through Mutual Legal Assistance."
• Evidence from "distinguished Swedish legal authorities" that will show
Assange is a "victim of a pattern of illegal or corrupt behaviour" by the Swedish prosecuting authorities. In summary, releasing Assange's name to the press as the suspect in a rape inquiry, the refusal of the prosecutor to interview him on the dates offered and a refusal of all requests to make the evidence against him available in English (a right under the European convention on human rights).
• Human rights - this is the part where the defence claims a risk that Assange will be extradited from Sweden to the US, which it says would be in violation of article three of the European convention on human rights.
It is submitted that there is
a real risk that, if extradited to Sweden, the US will seek his extradition and/or illegal rendition to the USA, where there will be a real risk of him being detained at Guantanamo Bay or elsewhere, in conditions which would breach Article 3 of the ECHR. Indeed, if Mr. Assange were rendered to the USA, without assurances that the death penalty would not be carried out, there is a real risk that he could be made
subject to the death penalty. It is well-known that prominent figures have implied, if not stated outright, that Mr. Assange should be executed