20 November 2010. Add statement by British counsel of Assange.
19 November 2010
Prosecutorial Abuse of Julian Assange and Alleged Victims
The Swedish Prosecutor Auhtority's website provides a press release timeline of the prosecutorial abuse of Julian Assange with unsubstantiated, prolonged and highly publicized allegations of sexual offense. The alleged victims of the allegations are also being abused by failure to expeditiously conclude the investigation. A search for Assange's name on the prosecutor's website shows 13 entries:
But 19 entries are available by reviewing the list of press releases:
Misleadingly, English translation links of the Swedish entries lead to an 18 November 2010 message. Google English versions below:
http://www.aklagare.se/Media/Nyheter/Fakta-om-efterlysning-av-Assange1/ [This page now appears to have been removed. Screenshots earlier this morning:]
Facts about the inquiry by Assange
The prosecutor will not announce the exact date for when Julian Assange calls internationally, nor which other measures will be taken.
Mrs New [Ny] will promptly act in response to the district court's custody, but due to the confidentiality of the ongoing investigation, she leaves no detail of when different steps will be taken.
Assange will be illuminated after
Given that the district court decided to detain Julian Assange in his absence, he will now be candled after internationally.
Chief Prosecutor Marianne New today November 18 submitted a request to the Stockholm District Court to detain Julian Assange in his absence.
The district court has the remand hearing in the afternoon decided to detain Assange in his absence, on suspicion of rape, sexual assault and coercion.
As part of the execution of the warrant will Assange now after candled internationally.
For the sake of the investigation and the parties involved, the prosecutor is unable to provide details of the suspected crimes or the investigative measures taken so far.
Assange requested custody in his absence
Chief Prosecutor Marianne New today November 18 submitted a request to the Stockholm District Court to detain Julian Assange in his absence.
- I request that the district court to detain Assange in his absence, on suspicion of rape, sexual assault and coercion. The background is that he must be interrogated in the investigation and that he could not be found for the implementation of these hearings, "said inquiry leader chief prosecutor Marianne New.
For the sake of the investigation and the parties involved, the prosecutor is not able to moment with the details of the suspected crimes or the investigative measures taken so far.
After the detention hearing, information will be published on www.aklagare.se the end of the hearing and the consequences of it. Marianne New, then, also available on the phone.
Detention hearing will take place at. 14 days in the Stockholm District Court.
Progress report Assangeärendet November 4
The investigation is well advanced, but still some steps to take before making a decision.
It is not possible to predict when a decision might be. It is currently not possible to give any details on the substance of the investigation.
- Given the secrecy and interested people can have any detailed information about the investigation has not yet left, "said chief prosecutor Marianne New.
Progress report Assangeärendet October 22
Chief Prosecutor Marianne New gives a brief description of the situation in the study:
Investigations have moved on but still have some steps to take before making a decision. It is not possible to predict when a decision might be. A decision may lie in the near future but it can also take some time.
In view of the analysis is not possible to go into why the forecast of the date of decision can be made. It is currently not possible to give any details on the substance of the investigation.
Progress report Assangeärendet September 29
The investigation is well advanced and only a small number of investigative procedures have to be taken before a decision.
- At what point a decision of the investigation may, however, is not possible to assess yet. In view of the investigation confidential and the persons concerned may no details of the investigation is not provided at present "said inquiry leader chief prosecutor Marianne New.
Progress report Assangeärendet September 24
Work on the investigation continues and is relatively well advanced. A number of additional investigative steps remain before a decision can be taken in prosecuting the matter.
- With regard to the confidentiality of judicial investigations, I can not currently provide more details of the case, said inquiry leader chief prosecutor Marianne New
Progress report Assangeärendet, Thursday (Information also in English)
Work on the investigation progresses, but right now, and within the next few weeks, I can not provide any new information on this matter, said investigator of the prosecutor Marianne New.
Progress Assange matter, Thursday
The Investigation progression, But right now, and Within the next week, I Can not Provide Any new information on this matter, says the Director of Public Prosecution Ms. Marianne New.
Progress report Assangeärendet, Friday
No new information can be provided on the case.
- I can not currently provide any new information on this matter. No information will not be able to be provided over the weekend, said chief prosecutor Marianne New, investigator.
Decisions in Assangeärendet, updated
An error was unfortunately crept into the previous text.
The preliminary investigation is in progress in the matter which originally was described as the harassment. Eva Finné can not currently provide any information on the investigation mode.
Claimant attorney, lawyer Claes Borgstrom, asked Friday, August 27 review of prosecutor's decision to Assange not be suspected of rape. The appeal dealt with by the Development Centre Gothenburg. The decision is expected within the next few days.
No decision on the appeal on Tuesday
Development Center Gothenburg will not take a decision of the appeals in question Assangeärendet Tuesday, August 31. The reason is that the additional material on the subject arrived late on Tuesday.
Chief Prosecutor Marianne New Development Center in Gothenburg said:
- On Tuesday, it emerged that the new material to the investigation have emerged. We received the material before late Tuesday afternoon and will therefore not take any decision on Tuesday.
The decision is expected to be taken at approx. 11:00 Wednesday, September 1st.
Decisions in Assangeärendet, Wednesday
Order of the Chief Prosecutor Eva Finn.
In case there are two notifications from two different women. Notification No one was described initially as rape and notification No. 2 as molestation.
Notification No. 1 K246314-10
The information obtained during questioning of the plaintiff is, as previously announced, such that the suspicion of rape no longer exists. This does not mean that I do not give credence to her duties. I have studied the content of the interview to see if the suspicion of another crime may be presumed primarily molestation or sexual assault, but found by my analysis that is not the case.
The criminal proceedings are put down with regard to this notification, as there is suspicion of crime.
Notification No. 2 K246336-10
The suspicion of assault continues. I will issue instructions to the investigator to question the suspect.
No decision has yet taken on the matter. More information will follow in the afternoon.
Chief prosecutor Eva Finn has not yet ruled on the case. More information will follow in the afternoon Wednesday, August 25. You can not judge exactly where the information can be provided, nor whether it involves a decision by the Chief Prosecutor or announce that the investigation continues.
No decision Tuesday in Assangeärendet
Chief prosecutor Eva Is the message that she will not decide the matter on Tuesday, August 24.
For more information on this subject are published as soon as it is available.
Comment on considerations of transparency and confidentiality
Prosecutor Anders Perklev gives a result of Assange-file a comment on the considerations of transparency and confidentiality in criminal cases.
The media pressure against the Authority has been great the last few days with the reason of the decision to arrest YES. Prosecution communications director has been in service for the whole weekend and responded to questions from news organizations both in Sweden and abroad.
Arrest warrants and other prosecution decisions are made by a private prosecutor on his own responsibility, and not by the prosecution as such. This limits the possibilities for other than the prosecutor himself to step in and provide information or comment on a decision. Moreover, taking into account the confidentiality of investigations so that no further investigation is hampered.
However, it is very important that the information may be disclosed also be quickly and correctly. We will review our preparedness within the agency to better meet the wide interest is in getting the information in high profile cases.
Statement by Chief Prosecutor Eva Finné
Eva Finné expects to take a decision in the fairly near future, but points out that all the facts of the case must be considered carefully.
I will now go through the matter in detail and assess the legal aspects, in order to decide the future direction of the investigation. I expect to give an informed opinion in this week, possibly as early as tomorrow Tuesday.
I have not had any contact with Julian Assange and I do not know if the reports are true that he would have a Swedish lawyer.
Julian Assange is not suspected of rape. I'll go through the matter further in the section to assess whether any other offenses may be present or not. With regard to the initial suspicion of molestation, I have not yet made any judgments.
My decision to cancel the request on the grounds that I do not think he can be accused of rape does not imply any criticism of on-call prosecutor's decision. I had access to more information at my decision on Saturday than on-call prosecutor had on Friday.
Events Friday - Saturday
At 17 o'clock on Friday 20 August, on-call prosecutor in Stockholm to Julian Assange would be arrested in absentia, on suspicion of rape and molestation. The prosecutor based his decision on the information on the case by the police over the telephone, which is the normal procedure for prosecution on call. The prosecutor had also realized that it was a foreign national and that he, allegedly, was about to leave the country. One reason that he he was arrested in his absence was, therefore, that there was a danger that he could catch depart before they had the opportunity to question him. There was also a risk that he could influence the investigation.
The information of the arrest reached, in a way that prosecution does not know and do not seek, a Swedish news service. The editorial staff contacted the prosecutor on call during Friday evening. When the prosecutor was well aware that the editors knew all the details of the case confirmed the prosecutor that there was a case involving the person in question, ie. Julian Assange.
The prosecutor did, however, absolutely no information on details of the case. This is very important especially for sexual offenses, because data on the persons involved must be protected. This is regulated by the Official Secrets Act.
When the news came out in the media on Saturday, on-call prosecutor feature in Stockholm very attacked. It was clear that the matter must be lifted from the hotline, so call the prosecutor was able to perform their regular work. Chief prosecutor Eva Finné was thus appointed investigator.
When she was appointed investigator began Eva is immediately put into the issue. Around 16:30 on Saturday, she took the decision to cancel the request by Julian Assange, because she felt that he could not be accused of rape. The decision support that Eva Finné had on Saturday was more extensive than the on-call prosecutor had access to on Friday. Exactly what information can not currently be disclosed, as investigation is still ongoing and therefore the confidentiality is.
Normally distributed all emergency cases after a weekend at various prosecutors, but even during a call shift, ordinary prosecutor be appointed. It is mostly the case of serious and / or high-profile crimes, because on-call function can not be blocked by a single case, but must function normally.
Eve are poor [Finné ] on Saturday decided to Assange could no longer be accused of rape. She has not finally ruled on any offense charged in the former was described as rape. She has not taken a position on notification of molestation. The investigation is in progress and therefore still suspicions against Assange is not de-registered.
Assange affair, questions and answers
Chief prosecutor Eva Finné will work on the matter during the coming week. It is not currently possible to predict when any new information can be provided.
Chief prosecutor Eva Finné decided on Saturday afternoon to rescind the decision to arrest Julian Assange. She had received information on the matter and felt that he could not be accused of rape.
Is it common for prosecutors come to different decisions?
The decision support that Eva Finné had on Saturday was more extensive than the on-call prosecutor had access to during Friday evening. Decisions on enforcement, as the request, should always be continually reviewed as a preliminary investigation is progressing.
What happens next?
Eva Finné will pursue the matter during the coming week. It is not currently possible to determine when new information can be or what decisions will be taken. Nor is it possible to assess whether Julian Assange need of inquiry, or the offenses that may be present.
Why was a new prosecutor?
The decision to appoint Eva Finné to the investigator in the case was taken on Saturday. The reason was to relieve on-call prosecutor from the case. After each weekend distributed all emergency cases on different prosecutors, but also during a call shift, ordinary prosecutor be appointed. It is mostly the case of serious and / or high-profile crimes, because on-call function can not be blocked by a single case, but must function normally.
Why published Julian Assanges name?
Normally publishes Prosecution did not name the arrested persons and the Authority was not taken to publish the name. Data on request reached - in a way that authority does not know - a newsroom. The prosecutor confirmed the information.
What aspects of the matter is settled and what remains?
The decision has been made so far is that Assange are not suspected of rape and that he therefore should not be continued under arrest. The prosecutor has not yet taken a position on any offense charged in the previously defined as rape. She has not taken a position on what is reported as harassment.
Application of Assange argued
Chief prosecutor Eva Finné has lifted anhållningsbeslutet [accusations of] by Julian Assange. She does not believe that there are reasons for him to remain under arrest.
- I do not think there is reason to suspect that he committed rape, says Eva Finn.
Eva Finné make no further comment on Saturday.
The Allegations Against Him are False
Statement by Julian Assange's Counsel Mark Stephens
LONDON, 1pm Thursday November 18, 2010
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 others 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 Finnes 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 only way the accused and his lawyers have been able to discover any substantive information regarding the investigation against him has been through the media Over the last three months, despite numerous demands, neither Mr. Assange, nor his legal counsel has received a single word in writing from the Swedish authorities relating to the allegations; a clear contravention to Article 6 of the European Convention, which states that every accused must be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him. The actions by the Swedish authorities constitute a blatant and deliberate disregard for his rights under the Convention.
We are now concerned that prosecutor Marianne Ny intends to apply for an arrest warrant in an effort to have Mr. Assange forcibly taken to Sweden for preliminary questioning. Despite his right to silence, my client has repeatedly offered to be interviewed, first in Sweden, and then in the UK (including at the Swedish Embassy), either in person or by telephone, videoconferencing or email and he has also offered to make a sworn statement on affidavit. All of these offers have been flatly refused by a prosecutor who is abusing her powers by insisting that he return to Sweden at his own expense to be subjected to another media circus that she will orchestrate. Pursuing a warrant in this circumstance is entirely unnecessary and disproportionate. This action is in contravention both of European Conventions and makes a mockery of arrangements between Sweden and the United Kingdom designed to deal with just such situations. This behavior is not a prosecution, but a persecution. 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.
Our client has always maintained his innocence. The allegations against him are false and without basis. As a result of these false allegations and bizarre legal interpretations our client now has his name and reputation besmirched. Thousands of news articles and 3.6million web pages now contain his name and the word rape. Indeed, three out of four webpages that mention Mr. Assanges name also now mention the word rapea direct result of incompetent and malicious behavior by Swedish government prosecutors. My client is now in the extraordinary position that, despite his innocence, and despite never having been charged, and despite never receiving a single piece of paper about the allegations against him, one in ten Internet references to the word rape also include his name. Every day that this flawed investigation continues the damages to his reputation are compounded.
Finers Stephens Innocent http://www.fsilaw.com