Assange victory ‘would turn law on its head’
The 40-year-old Australian — making what is almost certainly his last appearance before British judges — says the Swedish prosecutor who ordered his arrest in December 2010 over rape allegations was not a valid judicial authority.
But Clare Montgomery, the lawyer for the Swedish authorities, told the Supreme Court in London that at least eight countries would be barred from using the European arrest warrant (EAW) system if Assange’s appeal were allowed.
“It would undermine the framework decision (of the EAW system) as it was agreed by, and as it has now been given effect by, a number of our extradition partners,” Montgomery told the panel of seven judges.
She was speaking on the second and final day of the hearing in central London, after which the judges are expected to defer their decision for several weeks.
Assange is fighting extradition to Sweden to face allegations of rape and sexual assault made by two women. He denies the allegations, insisting the sex was consensual and says the allegations are politically motivated.
If the Supreme Court rejects his appeal, Assange will have exhausted all his options in Britain but he could still make a last-ditch appeal to the European Court of Human Rights.
In her arguments, Montgomery raised the legal systems of France, Denmark, the Netherlands and even Cambodia.
Montgomery said that there was “nothing either shocking to the conscience or violative of basic human rights” for a prosecutor or police officer to issue such a warrant.
In her closing argument, Assange’s lawyer Dinah Rose said Montgomery’s case was “untenable”.
On Wednesday, Rose had argued that extraditing him to Sweden would breach legal principles dating back 1,500 years and that only a judge or similar official should count as a proper “judicial authority”.
Assange has spent most of the last year under bail conditions amounting to virtual house arrest at the mansion of a supporter in Norfolk, eastern England, although he recently moved out.
He has said he fears his extradition would eventually lead to his transfer to the US, where soldier Bradley Manning is facing a court-martial over accusations that he was the source of documents to WikiLeaks.
While the legal battle has dragged on, Assange’s celebrity status has grown.
He is to host his own TV show — although Russia’s state-run RT is the only channel to confirm it will broadcast it — and will also make an appearance as himself this month on the 500th episode of the American cartoon show The Simpsons.
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