On December 14, 2010, Julian Assange is still locked away, after turning himself in last week, and has not yet been charged with any crime, nor has his defence team seen any of the evidence gathered to support the sex crime allegations. These allegations that are out of the ordinary at best, as they include not wearing a condom during consensual sex.
To be clear, Assange is being jailed and no charges have been made against him. He is only wanted for questioning in allegations of sexual misconduct. Yet, according to Assange’s attorney, Assange has made himself available for questioning and Swedish prosecutors have not responded. This hardly seems like a fair democratic process.
Assange Granted Bail - Sweden Appeals
The Westminster Magistrate’s Court in London granted Assange bail Tuesday, December 14, 2010. Vaughan Smith, a former British army officer, testified that Assange could stay at his mansion in Suffolk. The magistrate agreed, and set bail at 200,000 pounds plus two sureties of 20,000 pounds each.
However, several hours later, Sweden filed an appeal.
Can Sweden do this? They haven’t yet officially charged him. They have not given up any evidence to support any allegations, but they will not grant him bail?
Assange’s defense team argued that since his is only wanted for questioning and has not been formally charged, he is presumed innocent. The Court concurred.
Gemma Lindfield, the attorney representing the Swedish prosecution, argued, "The court has already found that Mr. Assange is a flight risk. Nothing has changed in this regard."
The next hearing will be in 48 hours.
Extradition Laws Between Sweden and the U.S.
Supporters of Assange believe that the sex charges are an excuse to keep Assange in custody for the U.S. government.
Assange is hated by the American government for the recent release of classified diplomatic cables on the whistleblowing website WikiLeaks. The cables revealed corruption by U.S. officials.
The U.S. charges that the leaking of the documents threatens lives and national security.
If supporters of Assange are correct, it would explain the coincidental extradition law that exists between the US and Sweden.
Federal Criminal Lawyer, Douglas C. McNabb, points out that a U.S. extradition law between Sweden and the U.S., pursuant to the article 6 of the supplement to the extradition treaty between the U.S. and Sweden, can assure Assange's extradition to the U.S.
Sweden can transfer Assange to the U.S. to stand trail for any U.S. federal criminal charges before he faces charges for sexual offences in Sweden. If convicted, Assange could also serve his full sentence in the US, before ever facing the alleged charges in Sweden. This law does not exist in the UK.
Join the Conversation