5
Wait, what's the story here?

Julian Assange, the founder of the whistle-blowing website Wikileaks, is in court today for the beginning of a two-day extradition hearing. Sweden has issued a European Arrest Warrant against Assange on suspicion of sexual assault.

Julian Assange in Sweden. 7 Sept

Assange Reacts to Accusations

Assange taken into custody. 10 Dec

The Wikileaks founder was remanded into custody after an international warrant was issued for his arrest in connection with alleged sex crimes in Sweden.

Assange in court, requests bail. 16 Dec

Julian Assange's mother, his lawyer Mark Stephens and campaigning journalist John Pilger speak as the WikiLeaks website founder's bail hearing begins

Assange Freed on bail

Extradition Hearing Set for 7 February 2011

Back Story: August 20, 2010

Assange in Sweden: The Police Protocol (Translated)
Compliments of Rixstep

Julian Assange Case Papers

Julian Assange Material - Skeleton Argument
Compliments of Finers Stephens Innocent Law Firm.

What's the big deal about Tweeting in court?

Journalist tweeters at Assange’s bail hearings prompted a flurry of new court guidance on tweeting in court, culminating last week with the Supreme Court.

Unsurprisingly, a number of people are tweeting from the hearing, including the Times’ Alexi Mostrous, Joshua Rozenberg, the Guardian’s Esther Addley and Channel 4′s Marcus Edwards (click on their names to see their Twitter feeds). Guardian.co.uk is also publishing live updates.

Argument

Assange’s skeleton argument, that is a summary of his legal arguments, can be found here (update – this is now the final version). Carl Gardner, of the Head of Legal blog, also provides an excellent post here. Assange’s arguments are as follows:

  • (1) Ms. Ny was not eligible to issue the EAW.

  • (2) Ms. Ny is not “a judicial authority”.

  • (3) These proceedings are an abuse of process because the warrant is being sought for a collateral purpose, namely so as forcibly to bring Mr. Assange to Sweden for questioning, without any fixed intention at the time of its issue to charge or arrest or prosecute him.

  • (4) The EAW is not a Part 1 warrant for the purposes of section 2(3)(b) of the Act, because it is not issued “with a view to his arrest … for the purpose of being prosecuted for the offence” and/or because it fails to provide sufficient particulars under s2(4)(c) of the Act because the offences are not described with sufficient particularity.

  • (5) The application for the EAW is disproportionate given the prosecutor’s refusal to resort to mutual legal assistance or to question Mr. Assange by telephone, videolink, Skype, on affidavit or during his proffered attendance at the Swedish Embassy or New Scotland Yard.

  • (6) Offences 1-3 do not constitute extradition offences because the conduct alleged would not amount to an offence under English law.

  • (7) Offence 4 is not an extradition offence because the conduct does not fall within the European Framework offence of rape.

  • (8) The extradition of Mr. Assange to Sweden would involve the real risk of a flagrant denial of his human rights, especially because the trial would be held in secret. Sending him abroad to face a trial where justice would not be seen to be done would blatantly offend the UK’s due process and open justice traditions, and breach Article 47 of the Charter of Fundamental Rights of the European Union (2000/C 364/01) (Charter) and Article 6 of the European Convention on Human Rights.

The hearing should last until the end of Tuesday, at which point the judge may choose to reserve his judgment, that is release a fully reasoned decision at a later date. It seems likely that the case will be appealed whichever way the judge rules, which means there may be no conclusive judgment for months.

Update: After the 2nd day in court, the Hearing has been postponed until Friday.

So many names! I can't keep up!

Here are some faces to go with those names.

Julian Assange
(The man i refer to as "The snow flocked fox")
http://yfrog.com/hs7hl8j

Miss W & Miss A
(Accusers)
http://yfrog.com/hsehawj

Mark Stephens
Assange's Attorney in London
http://yfrog.com/hssz96j

Geoffrey Robertson QC
Defense Attorney
http://yfrog.com/h809czj

Bjorn Hurtig
Assange's Swedish Attorney
http://yfrog.com/h8924yj

Britta Sundberg-Weitman
Defense witness, retired Swedish appeals court judge
http://yfrog.com/h44e51j

Sven Erik Alhem
Defense witness, Retired Swedish Prosecutor
http://yfrog.com/h3xlj6j

Goran Rudling
Blogger who uncovered Miss A's deleted Tweets and online revenge campaign, and campaigner for rape laws.
http://yfrog.com/h3o8a7j

Clare Montgomery QC
Swedish Prosecution
http://yfrog.com/h7wvz2j

Marianne Ny
Swedish Prosecutor
http://yfrog.com/h7vvn1j

@AlexiMostrous
Tweeting live from court
http://yfrog.com/h63mifj

@FieldProducer
Tweeting live from court
http://yfrog.com/h4lq39j

February 7, 2011 - Let the Tweeting begin.
Neal Mann @fieldproducer
Incredible how big media crowds are for #Assange,more organised than before http://twitpic.com/3xgjnq
Expand pic
Neal Mann @fieldproducer
Waiting in the queue outside Belsmarsh Mags for the #Assange hearing, media from all over the world here... again. #wikileaks
Julian Assange Arrives At Court

Video

Alexi Mostrous @AlexiMostrous
Julian #assange arrives through security. Fight almost breaks out as his 12 man entourage tries to skip the queue #wikileaks
Alexi Mostrous @AlexiMostrous
I *think* #assanges grey hair may be lightly tinted orange, but finer points of hair fashion not my strong point #wikileaks

@AlexiMostrous - I think you're right.
http://yfrog.com/h6yulcj

http://yfrog.com/h6dr7nj

Neal Mann @fieldproducer
Loudspeaker calling for everyone to court for #Assange hearing, press can apparently take their seats... we would if we weren't in the queue
Alexi Mostrous @AlexiMostrous
Aggressive white-stubbled bald man pushes queue, says "I think £20,000 surety for Julian entitles me to" - any idea who he is? #wikileaks
Alexi Mostrous @AlexiMostrous
#Assange, crossed arms, seems relaxed, joking with female prison guard behind glass screen as lawyers assemble #wikileaks
Alexi Mostrous @AlexiMostrous
Judge Howard Riddle in court, Assange standing up, confirming name and address. We're off! #wikileaks
Alexi Mostrous @AlexiMostrous
Clare Montgomery, highly-regarded barrister acting for prosecution, talking judge through papers. She will be formidable opponent #assange
Alexi Mostrous @AlexiMostrous
G Robertson QC says he'd prefer to call the two complainants Miss A and Miss B (altho his skeleton argument names both) #wikileaks
Alexi Mostrous @AlexiMostrous
Montogmery QC: Any argument based on lack of confidence in European countries' justice systems was "over" in 2003 #wikileaks
Alexi Mostrous @AlexiMostrous
Montgomery QC: "Rape" is one of those alleged offences where you don't have to show double criminality. #wikileaks
Alexi Mostrous @AlexiMostrous
Montogmery: "Swedish offence of rape contains core element through EU - deliberate violation of a women's sexual integrity by penetration"
Neal Mann @fieldproducer
Clare Montgomery QC currently setting out position of prosecution on the point of the accusations against #Assange of rape.
Alexi Mostrous @AlexiMostrous
Montogmery accepts that non-rape conduct (sexual assault allegations in relation to Miss A) have to be offences in English law TOO.
Neal Mann @fieldproducer
Montgomery QC: 'this European Arrest Warrant follows precisely the European framework directive' #Assange
Neal Mann @fieldproducer
Montgomery: 'there is no reason for any doubt for the purpose of the warrant, namely that it is for the purpose of prosecution' #Assange
Neal Mann @fieldproducer
Prosecution: Procedure in Sweden requires interrogation before the next step in proceedings take place #Assange
Alexi Mostrous @AlexiMostrous
Full defence case: "The extradition of #Assange wld involve a real risk of denial of his human rights, cos the trial wld be held in secret."
Neal Mann @fieldproducer
Prosecution: do not accept that evidence was disclosed to the press by Swedish Prosecutor
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Comment

Chirpinator @chirpinator 09/02/2011 10:43:28 WIB
@TauxFu, this archive is amazing! What a careful, thorough job you did.
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