Julian Assange

The Svea Court of Appeals requested prosecutor Marianne Ny to provide additional information today. There has been no announcement yet as to whether a decision will be made today in the appeal case.

Update 1: Expressen reports that the court has reached a decision at 15:00 local time, but it will need to be written and published.

Update 2: Svea Court of Appeals decided to uphold the warrant issued by the Stockholm District Court. However, the charges have been downgraded.

Update 3: Björn Hurtig tells Aftonbladet that he will take the case to the Supreme Court.

In further reactions to the case, Marcus Fridholm at Sagor från livbåten argues that the Sweden justice system needs significant reform in an article highly critical of the "legal circus" around the case.

Expressen has obtained part of the declassified legal brief filed for the appeal.

The Sweden justice system has failed, again, to provide actual justice. Now more than ever, Julian Assange and WikiLeaks need our support. This fight is not over.

Thursday November 18, 2010

STAFF EDITORIAL (via @wikileaks)

In October 2010 Julian Assange won the Sam Adams Award for Integrity. He has also been awarded the 2009 Amnesty International Media Award and the Economist Index on Censorship Award in 2008. It is important to remember that accolades such as these do come without tremendous hard work.

The expose of the Afghan War Diaries was a moment of media history, orchestrated by Julian Assange. He brought together The New York Times, The Guardian and Der Spiegel, three of the world’s most reputable newspapers to collaborate with WikiLeaks on exposing more than 90 000 secret significant action reports by the United States relating to the war in Afghanistan. This involved a huge amount of administration in order to co-ordinate all four media partners’ publishing schedules and a lot of time to carefully construct the levels of trust needed to bring together three major newspapers who were also competitors.

Since 2007 Julian, WikiLeaks and the Sunshine Press have been behind international front page stories that have changed the world. However, every story exposing abuses by powerful organizations, whether they be from New York or Nairobi results in a counter attack. Such the importance and veracity of revelations must be defended. Immediately after the Afghan War Diaries he conducted seventy-six interviews in three days maximizing the impact of the disclosures. It is very important for WikiLeaks to create a global platform with which to reach all corners of the earth. This demonstrates to those who wish to expose wrongdoing and misconduct that there is a way to do so without putting themselves at risk. He remains a messenger who big governments and their agencies can, and constantly do, attack while all the time keeping the source of the information published safe.

Court set to decide on warrant appeal today [Delayed]

Realtid and Expressen report that the Svea Court of Appeals will rule today on the appeal filed by Julian Assange's lawyers against the arrest warrant issued by the Stockhold District Court. The decision is expected to be made public in the afternoon.

Attorney Mark Stephens told Expressen that even if the warrant is upheld, it will take at least five working days, and up to fifteen, until the warrant is communicated to local authorities, at which point its validity will be determined.

Update: No decision was reached today in the appeal case. The Svea Appeals Court said it needed more evidence, and called the prosecution to testify on Wednesday, according to Svenska Dagbladet. Attorney Björn Hurtig called it an unusual development, but noted that he interpreted it as a positive sign.

Reactions, continued:

Financial Times: Warrant for WikiLeaks founder condemned

"Mark Stephens, a UK-based lawyer for Mr Assange, accused Swedish prosecutors of an “ambush” after ignoring his client’s offers to co-operate. “I’ve worked with third world countries and authoritarian regimes where there has been more of an attempt at a fair process,” he told the Financial Times."
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LA Progressive: Swedish Justice on Trial in WikiLeaks Case

Tom Hayden, author and former California state senator, writes: "The silencing of WikiLeaks will deny people around the world, including the American people, vital information about secret operations by US forces, which have resulted in higher civilian casualties than previously reported. [...]

A network of whistleblowers in the US, including Daniel Ellsberg, and noted civil liberties firms, are exploring ways to defend Assange against extradition. But the first line of defense will likely be in Sweden, where the state’s core identity could be on trial."
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Tercera Informacion: Continúa la persecución contra el fundador de WikiLeaks

"De hecho el caso fue cerrado hace unas semanas por la falta de fundamento y las contradicciones en las declaraciones de las mujeres, además de que no existen pruebas que demuestren los cargos de los que se le acusa al australiano.

Sin embargo, coincidiendo con la nueva filtración de WikiLeaks, un grupo de fiscales suecos reabrieron el caso y ahora el Tribunal de Justicia del Distrito de Estocolmo ha emitido una orden de búsqueda y captura contra Julian Assange, conocido como el "Che Guevara de internet"."
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Pravda: Aussie man Assange and Swedish sex scandal

"Here is a question: Did the Australian really commit unlawful acts, or was it a setup of the U.S. intelligence services? Harassment by the CIA is quite possible. The creator of WikiLeaks caused the United States too much trouble, and the image of the wars in Afghanistan and Iraq that was tarnished already, became even worse. The Americans did have the grounds for revenge. Assange could have been purposely sent well trained girls recruited by the CIA, who then slandered him."
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Reader Supported News is hosting a new petition in support of Julian Assange, reading as follows:

"We here undersigned express our support for the work and integrity of Julian Assange. We express concern that the charges against the WikiLeaks founder appear too convenient both in terms of timing and the novelty of their nature.

We call for this modern media innovator, and fighter for human rights extraordinaire, to be afforded the same rights to defend himself before Swedish justice that all others similarly charged might expect, and that his liberty not be compromised as a courtesy to those governments whose truths he has revealed have embarrassed.

In earnest support of WikiLeaks founder Julian Assange:"

Please join us in signing the petition here: http://www.readersupportednews.org/julian-assange-petition

Arab News: A Different War

"Julian Assange, editor-in-chief of WikiLeaks, is being framed with multiple charges with the motive of silencing him. [...] There is an all out war going on against this fearless whistleblower by the affected parties and the question is who will come to his rescue and how powerful the pressure is? We have heard of “war on terror” but this is “war on one who exposes crimes”.
Read more

The Voice of Russia: WikiLeaks case – state interests or democratic values?

According to Alexander Perendzhiyev, Deputy Chairman of the Association of military political analysts, it is unlikely that the charges against Assange are coincidence. Before the scandalous publication [of the Afghanistan and Iraq war logs] there had been no accusations against the journalist.

"I am confident that the US administration is making pressure on the founder of the website. In this case even the great American democracy shows that the interests of the state are placed above the proclaimed common democratic values. The publication and the prosecution are definitely linked. He was not accused of anything before the publication. Secondly, there had been statements already that the actions of Assange threaten the national security of the US."
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IT Wire: Assange pokes tiger, tiger pokes back

Julian Assange has done a lot to annoy authorities through his website WikiLeaks. Aside from all the commercial information that a variety of companies would have preferred wasn't released, there was the "Collateral Murder" and the more recent "Iraq War Logs".

All of this way well be seen as 'tiger poking' by many authorities. With the latest news, it seems the tigers are starting to poke back.
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Channel 4: WikiLeaks' Julian Assange to fight order for arrest

Channel 4 has an interview with Julian Assange's British counsel Mark Stephens. He called the arrest warrant "bizarre and exotic" and C4 noted that "the prosecutor has not yet given Mr Assange details of the allegations against him, nor the evidence. He said Mr Assange has repeatedly asked to meet her and face police questioning.": "It makes it nigh on impossible to answer her. It is highly irregular. I have never seen this happen before. [...] She is deliberately poisoning the media well."

"Mr Stephens, a partner at Finers Stephens Innocent, said Ms Ny's "cynical ploy" is in breach of Swedish laws. "The co-counsel was not even told what the allegations were until they stood up in court yesterday," he added."
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OWNI: L’avocat d’Assange dénonce une procédure “illégale”

The OWNI team are live-blogging the events and are following up on their own research. On contacting the Interpol today, they were told that: "We cannot provide more details, as the Swedish Interpol division did not give the General Secretariat the green light to make public the notice in question. Also, Interpol Sweden will not be able to provide this authorization unless the prosecutor general authorizes such an initiative."

They have also spoken with Mark Stephens, who said (translated from French): "The prosecutor is in complete breach of Swedish laws, European laws, international laws and even British laws: she has completely failed in her duties. Until now, she has not given my client a single document, and he had no knowledge of the plaintiffs' names until yesterday, when the complaint was presented to the court. The prosecutor had not informed us. The European Convention for the Protection of Human Rights obligates her however to communicate to my client, in a language he understands, the nature of the accusations and evidence against him."

OWNI has also contacted the Pentagon, whose spokesperson Maj. Christopher Perrine declared: "I don't think it would appropriate for us to comment on a decision of the Swedish justice system, internal by nature."

OWNI remarked on Twitter that while Julian Assange is sought as a private person, the Interpol is looking for "the founder of WikiLeaks."

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NSW Supreme Court solicitor Peter Kemp: Letter to Australian Prime Minister Julia Gillard

By Peter Kemp, Solicitor of the Supreme Court of NSW, 2010-12-04

Dear Prime Minister
From the Sydney Morning Herald I note you made a comment of "illegal" on the matter of Mr Assange in relation to the ongoing leaks of US diplomatic cables.

Previously your colleague and Attorney General the Honourable McClelland announced an investigation of possible criminality by Mr Assange.

As a lawyer and citizen I find this most disturbing, particularly so when a brief perusal of the Commonwealth Criminal Code shows that liability arises under the Espionage provisions, for example, only when it is the Commonwealth's "secrets" that are disclosed and that there must be intent to damage the Commonwealth.

Likewise under Treason law, there must be an intent to assist an enemy. Clearly, and reinforced by publicly available material such as Professor Saul's excellent article:
http://www.theage.com.au/opinion/society-and-culture/dont-cry-over-wikil...

Attorney Mark Stephens tells AFP that Julian Assange intends to challenge the Swedish ruling, Björn Hurtig files appeal in Sweden, and the prosecution is up to more shenanigans:

AFP / ABC News:

"Stephens told AFP the decision by the court in Stockholm was "still a little premature because the Swedish process hasn't finished its course -- there are still appeals (to be made) in Sweden." [...] Stephens blasted the Swedish prosecutor, saying that Thursday's hearing was the first time Assange's lawyers had heard the full details of the charges since the allegations were made public in August."
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Svenska Dagbladet

SvD carries a similar story referring to Mark Stephens's statement. It also quotes Julian Assange's Swedish attorney Björn Hurtig saying that "There is no right to detain someone just because you want to interview that person whenever you want," and that he had just now been given access to the dossier for the first time.

SvD also carries a surprising statement by prosecutor Marianne Ny that Julian Assange "had been charged in absentia since the end of September," but she has "no further comments." If the prosecution office's timing of their case updates was already highly suspect, this makes it rather clear that a plan had been in place all along.
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Rixstep

"Ny refuses to explain why she didn't take Assange up on previous offers from the WikiLeaks founder, why she has such blatant disregard for international law, who is pulling her strings, or if it's accepted praxis in Sweden to invite people to meetings with international arrest orders when they've already tried to meet you and you're the one always refusing."
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Prosecution update:

In the meantime, the prosecutor's office is playing games again, saying they "will not announce the exact date for the international arrest warrant for Julian Assange, nor which other measures will be taken." The statement was available here, but has in the meantime mysteriously disappeared. Cryptome has the screenshots. (Thanks to @_anachronisme for pointing that out.)

Marianne Ny was also interviewed by SVT, where she avoided answering whether there are any new facts in the case that prompted this action. Please see the English transcript here. Link to original video included in the post.

Le Monde

Björn Hurtig tells AFP he has filed an appeal against the warrant. An appelate court will be expected to make a decision relatively quickly.
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Reactions are starting to come in with regards to the international arrest warrant issued for Julian Assange earlier today in Sweden:

Index on Censorship

Index on Censorship chief executive John Kampfner said: “While we cannot comment on the specifics of the case, we are extremely concerned at the apparent conduct of the investigators. Anyone concerned about free speech and human rights will be alarmed at any suggestion that the allegations against Mr Assange are being manipulated for political purposes.”
Read more

Death and Taxes: The Assassination of Julian Assange?

Alex Moore writes: "Will this “character assassination” once again stand in for actual assassination? If Assange is indeed convicted of rape, will we ever really know for sure that the evidence against him is credible? Every sovereign government clearly has a motive to silence Assange, which makes a fair trial a problematic proposition."
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All Voices: Can Sweden Be Believed On WikiLeaks Assange Rape Accusations?

Robert Weller writes: "Now that it is known that the U.S. had advised Sweden of planned surveillance Stockholm recently claimed was conducted without their knowledge, it raises more questions about the handling of the WikiLeaks case. The same government is now saying it didn’t know Julian Assange had offered to be interviewed on allegations of rape and sexual molestation, even though the offers were made publicly and frequently immediately after the claims first were leaked nearly three months ago."
Read more

The Swedish prosecutor's office issued this morning a request for a court order to detain Julian Assange for questioning regarding the allegations made against him in August by two Swedish women. The hearing on the detention request will take place today at 2pm, Stockholm time.

Prosecutor's office statement (Swedish): http://www.aklagare.se/Media/Nyheter/Assange-begard-haktad-i-sin-franvaro/

English version: http://www.aklagare.se/In-English/

Please see our full coverage index of the Sweden case so far: http://wlcentral.org/assange-in-sweden . We recommend you start with the case chronology.

Anyone paying the slightest attention to this case will come to the same conclusions that we did: this is nothing but a dirty, underhanded smear campaign. Please read the reports linked above to see for yourself.

Those following the case will also have noticed that the Swedish prosecution authority has the uncanny ability to issue updates on the case to coincide with every significant event involving WikiLeaks and Julian Assange. The fact that they decided to pick this timing to coincide with the upcoming EU-US Lisbon summit this week, where European Parliament members have announced they will raise the torture and abuse issues revealed by WikiLeaks in the Iraq War Logs, is one more in a string of highly unlikely "coincidences."

We at WL Central stand by Julian Assange and we ask you to do the same. Please spread the information we have collected and let the world know what the truth about this case really is. If you support Julian Assange and WikiLeaks, the time to show that support is now.

Update 1: Julian Assange's attorney, Björn Hurtig, tells SvD that he believes the request for the court order is disproportionate and that there is little evidence supporting a warrant. He called the prosecution's case "thin."

Update 2: Björn Hurtig tells VG Nett that Julian Assange has no immediate plans to return to Sweden.

Update 3: Statement by Julian Assange's counsel Mark Stephens, at 1pm: http://wlcentral.org/node/222

The reason stated by Marianne Ny for requesting the arrest warrant is that "we need to interrogate him. So far, we have not been able to meet with him to accomplish the interrogations."

However, as those who have followed the case remember, and as Mark Stephens's statement notes, this is yet another falsehood: "Before leaving Sweden Mr. Assange asked to be interviewed by the prosecution on several occasions in relation to the allegations, staying over a month in Stockholm, at considerable expense and despite many engagements elsewhere, in order to clear his name. Eventually the prosecution told his Swedish lawyer Bjorn Hurtig that he was free to leave the country, without interview, which he did."

Update 4: WikiLeaks issued a staff editorial under the title "Why our editor-in-chief is busy and needs to be defended", a Letter from Swedish Counsel Bjorn Hurtig to English co-Counsel for Julian Assange and a Press Release by Counsel for Julian Assange.

Update 5: SvD and Expressen confirm that an international arrest warrant will be issued by the Stockholm District Court. The Swedish prosecutor's office has also updated its statment: English, Swedish. Prosecutor Marianne Ny can be reached at +46 31-739-41-04.

From the prosecutor's office statement: "Due to the ongoing investigation and the parties involved, the prosecutor cannot at the moment give more information concerning the suspicions or which investigation matters have been conducted." So then on what basis, exactly, is an arrest warrant being issued?

Breaking news coverage:

SvD: Julian Assange begärs häktad
Aftonbladet: Julian Assange begärs häktad
SVT: WikiLeaks grundare begärs häktad
VG Nett: Vil etterlyse WikiLeaks-gründer internasjonalt
Helsingborgs Dagblad: Julian Assange begärs häktad
The Guardian: WikiLeaks founder faces Swedish detention
ABC News (Australia): Arrest ordered for WikiLeaks founder
SvD: Julian Assange kommer att efterlysas
Expressen: Assange häktad i sin utevaro
Deutsche Welle: Swedish court orders arrest of WikiLeaks founder
ORF: Staatsanwältin will Vernehmung
Nouvel Observateur: La justice suédoise va lancer un mandat d'arrêt international contre le fondateur de WikiLeaks

(via @wikileaks)

Note Neither Mr. Assange nor Counsel, nor WikiLeaks have ever received a single written word, at any time, in any form, from Swedish authorities on the Swedish investigation against our editor.

From: Björn Hurtig
Sent: Sunday, November 14, 2010 12:43 PM
To: Jennifer
Subject: SV: Our client

Dear Jennifer,

Enclosed You will find a copy of the documents that I have would like to send to the prosecutor. I have not been able to have the document translated in detail, but I will now tell You the most important things in it.

First of all I comment the ongoing investigation and tell the prosecutor that I have asked her several times that they should hear my client so that we can be aware of the accusations. They have said no to this initially (and by this I mean for several weeks). Furthermore I remind her that I several times have asked her to give me the evidence in the case. She has said no to this also. I then tell her that I have asked my questions informally and in writing and tell her about a formal request that I made 14 of September 2010. This formal request has not yet been formally answered, which I find to be a breach of Swedish law (23:18 Rättegångsbalken). I also tell her that Sweden has not followed art 6:3 of The European Convention of the 4 november 1950, because Julian has not been informed of the accusation in detail and in his own language. Neither has he been informed of the documents in the case in his own language. This is an incorrect behavior.

LONDON, 2pm Thursday November 18, 2010 (via @wikileaks)

Mark Stephens of law firm Finers Stephens Innocent said today, “On the morning of 21 August 2010, my client, Julian Assange, read in the Swedish tabloid newspaper Expressen that there was a warrant out for his arrest relating to allegations of “rape” involving two Swedish women.

Thursday November 18, 2010

STAFF EDITORIAL (via @wikileaks)

In October 2010 Julian Assange won the Sam Adams Award for Integrity. He has also been awarded the 2009 Amnesty International Media Award and the Economist Index on Censorship Award in 2008. It is important to remember that accolades such as these do not come without tremendous hard work.

The expose of the Afghan War Diaries was a moment of media history, orchestrated by Julian Assange. He brought together The New York Times, The Guardian and Der Spiegel, three of the world’s most reputable newspapers to collaborate with WikiLeaks on exposing more than 90 000 secret significant action reports by the United States relating to the war in Afghanistan. This involved a huge amount of administration in order to co-ordinate all four media partners’ publishing schedules and a lot of time to carefully construct the levels of trust needed to bring together three major newspapers who were also competitors.

Since 2007 Julian, WikiLeaks and the Sunshine Press have been behind international front page stories that have changed the world. However, every story exposing abuses by powerful organizations, whether they be from New York or Nairobi results in a counter attack. Such the importance and veracity of revelations must be defended. Immediately after the Afghan War Diaries he conducted seventy-six interviews in three days maximizing the impact of the disclosures. It is very important for WikiLeaks to create a global platform with which to reach all corners of the earth. This demonstrates to those who wish to expose wrongdoing and misconduct that there is a way to do so without putting themselves at risk. He remains a messenger who big governments and their agencies can, and constantly do, attack while all the time keeping the source of the information published safe.

Finers Stephens Innocent http://www.fsilaw.com

LONDON, 1pm Thursday November 18, 2010 (via @wikileaks)

On the morning of 21 August 2010, my client, Julian Assange, read in the Swedish tabloid newspaper Expressen that there was a warrant out for his arrest relating to allegations of “rape” involving two Swedish women.

However, even the substance of the allegations, as revealed to the press through unauthorized disclosures do not constitute what any advanced legal system considers to be rape; as various media outlets have reported “the basis for the rape charge” purely seems to constitute a post-facto dispute over consensual, but unprotected sex days after the event. Both women have declared that they had consensual sexual relations with our client and that they continued to instigate friendly contact well after the alleged incidents. Only after the women became aware of each other’s relationships with Mr. Assange did they make their allegations against him.

The warrant for his arrest was rightly withdrawn within 24 hours by Chief prosecutor Eva Finne, who found that there was no “reason to suspect that he has committed rape." Yet his name had already been deliberately and unlawfully disclosed to the press by Swedish authorities. The “rape” story was carried around the world and has caused Mr. Assange and his organization irreparable harm.

Eva Finne’s decision to drop the “rape" investigation was reversed after the intervention of a political figure, Claes Borgstrom, who is now acting for the women. The case was given to a specific prosecutor, Marianne Ny.

The 29 November edition of The Nation features an article by Jonathan Schell on the "war- and torture-system" revealed in the Iraq war logs, and the moral imperative that drives people like Bradley Manning and Julian Assange in the face of such

"Faced with this particular and general knowledge, Manning felt "helpless," he told Lamo. "That was a point where I was... actively involved in something that I was completely against." In sum, Manning found himself in the classic, excruciating dilemma of the decent person enmeshed in an abhorrent system, not as a victim but as a perpetrator. By following the rules, he would be an accomplice of torture. Only by breaking them could he extricate himself."

Read the full article here: The Nation