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2 June 2012 Swedish Prosecution Authority: The Assange Matter No other Swedish Prosecution Authority matter has the extensive coverage on its website of "The Assange Matter."
http://www.aklagare.se/In-English/Media/The-Assange-Matter/ The Assange Matter UK Supreme Court decision The Supreme Court of the United Kingdom has today [May 30, 2012] decided to uphold and grant the request to surrender Julian Assange to Sweden. Two lower instances had previously decided that Julian Assange should be surrendered to Sweden in accordance with the European Arrest Warrant Act. These were appealed by Assange and on 1-2 February 2012 hearings were held in the Supreme Court, which has now issued its decision. The counsel for Mr Assange, Ms Rose, has indicated that she may make an application to re-open the Supreme Court's decision. The Supreme Court has granted Ms Rose 14 days to make such an application. In accordance with the regulatory framework on European arrest warrants, Julian Assange will be surrendered to Sweden within 10 days after a legally binding judgement. Since November 2010, Mr. Assange has been detained in his absence, on probable cause suspected of rape (less severe crime), sexual molestation and unlawful coercion. Concerning requests for interviews The Director of Public Prosecution, Marianne Ny, cannot supply any information regarding the case at the moment, but will give interviews in connection with a detention hearing in Sweden. Contact: Director of Communication Karin Rosander +46 10 562 50 10 Press Service +46 72 204 56 29
Facts about extradition and surrender Different rules apply within the EU (surrender) and outside the EU (extradition). Due to general agreements in the European Arrest Warrant Act, Sweden cannot extradite a person who has been surrendered to Sweden from another country without certain considerations. Concerning surrender to another country within the European Union, the Act states that the executing country under certain circumstances must approve a further surrender. On the other hand, if the extradition concerns a country outside the European Union the authorities in the executing country (the country that surrendered the person) must consent such extradition. Sweden cannot, without such consent, extradite a person, for example to the USA. What happens in Sweden when a person is surrendered from another EU country? The authority, in this case the Swedish Prosecution Authority, that issued the arrest warrant is responsible for transporting the suspect to Sweden within a stated time frame, once the other member state has taken a decision to surrender the suspect. The Swedish Prosecution Authority may request assistance from the National Police Board, or a police authority specified by the National Police Board, which is what generally occurs. An order of detention has previously been issued, which is a precondition for the issuing of an arrest warrant. When the individual lands in Sweden, all regulations concerning the arrest warrant as concerns deprivation of liberty are voided and the Swedish Code of Judicial Procedure applies, as in any national case where an order for the arrest of the individual has been issued in his absence. The Principle of Speciality applies here, i.e. the person surrendered to Sweden may not be tried for any crimes other than those stated in the arrest warrant and may not be surrendered to another state, unless the original surrendering country grants its permission. In addition, the conditions imposed by the surrendering country also apply. As soon as the obstacle to the presence of the detainee has ceased to apply, i.e. the detainee is on site in Sweden, a "report shall be made to the Court" (Swedish Code of Judicial Procedure, Chapter 24, Section 17). After this the Court will, without delay, hold a hearing concerning the detention issue, not later than 4 days (96 hours) after the time when the obstacle to the presence of the detainee ceased to apply. Consequently, this is a new detention hearing in the presence of the suspect, where he is able to exercise his rights in a better manner than during the hearing he did not attend, but was represented by his legal representative only. When the detention hearing has been concluded, the Court will immediately issue its decision concerning detention. Either the detention will be cancelled or a new detention decision will be taken. A date by which prosecution must be initiated is also issued. The Court's decision may be appealed.
http://www.aklagare.se/PageFiles/346/Chapter%206.pdf Extract from the Swedish Penal Code Chapter 6:1, 6:10, 4:4 Chapter 6 Section 1 A person who by assault or otherwise by violence or by threat of a criminal act forces another person to have sexual intercourse or to undertake or endure another sexual act that, having regard to the nature of the violation and the circumstances in general, is comparable to sexual intercourse, shall be sentenced for rape to imprisonment for at least two and at most six years. This shall also apply if a person engages with another person in sexual intercourse or in a sexual act which under the first paragraph is comparable to sexual intercourse by improperly exploiting that the person, due to unconsciousness, sleep, intoxication or other drug influence, illness, physical injury or mental disturbance, or otherwise in view of the circumstances in general, is in a helpless state. If, in view of the circumstances associated with the crime, a crime provided for in the first or second paragraph is considered less aggravated, a sentence to imprisonment for at most four years shall be imposed for rape. If a crime provided for in the first or second paragraph is considered gross, a sentence to imprisonment for at least four and at most ten years shall be imposed for gross rape. In assessing whether the crime is gross, special consideration shall be given to whether the violence or threat was of a particularly serious nature or whether more than one person assaulted the victim or in any other way took part in the assault or whether the perpetrator having regard to the method used or otherwise exhibited particular ruthlessness or brutality. Section 10 A person who, otherwise than as previously provided in this Chapter, sexually touches a child under fifteen years of age or induces the child to undertake or participate in an act with sexual implications, shall be sentenced for sexual molestation to a fine or imprisonment for at most two years. This also applies to a person who exposes himself or herself to another person in a manner that is likely to cause discomfort, or who otherwise by word or deed molests a person in a way that is likely to violate that person’s sexual integrity. Chapter 4 Section 4 A person who, by assault or otherwise by force or by threat of a criminal act, compels another to do, submit to or omit to do something, shall be sentenced for unlawful coercion to a fine or imprisonment for at most two years. Anyone who to such effect exercises coercion by threatening to prosecute or report another for a crime or give detrimental information about another, shall also be sentenced for unlawful coercion, provided that the coercion is wrongful. If the crime referred to in the first, paragraph is gross, imprisonment for at least six months and at most six years shall be imposed. In assessing whether the crime is gross special consideration shall be given to whether the act included the infliction of pain to force a confession, or other torture.
http://www.aklagare.se/In-English/The-role-of-the-prosecutor/Decision-to-prosecute/Retrial/ Review It is possible to request a review of a prosecutor’s ruling concerning, for example, a discontinued preliminary investigation or a decision not to bring charges. Requests for review are made by one of the Prosecution Authority’s prosecution development centres. If a request for a review is received by a public prosecution office, first of all the prosecutor who made the ruling shall decide whether or not any new circumstances have come to light in the matter. If new circumstances are cited, the prosecutor reconsiders his/her decision. If this reconsideration fails to result in any change to the original ruling, the matter is referred to the prosecution development centre. The same applies if there are no new circumstances to be considered in the case. At the prosecution development centre, the case will be reviewed by the Director of Public Prosecution, who will then make a decision on, for instance, the resumption of a discontinued investigation or that certain investigation measures should be taken. The case is then referred back to the original public prosecution office, but to a different prosecutor. Decisions made by a prosecution development centre can also be reviewed, and the matter will in this case be handled by the Office of the Prosecutor-General. Few rulings are changed During 2008, over 2 000 rulings by prosecutors were reviewed at the four prosecution development centres. This is less than 1 per cent of all the prosecutor rulings that were made during the course of the year. Prosecutor rulings were revised in 220 cases (approximately 11 per cent of the reviews conducted and some 0.04 per cent of all prosecutor rulings).
http://www.aklagare.se/In-English/Media/The-Assange-Matter/The-Assange-Matter/ Chronology Events concerning Julian Assange in chronological order Swedish proceedings 20 August 2010 The duty prosecutor orders the arrest of Julian Assange, suspected of rape and sexual molestation. 21 August 2010 The case is transferred to a prosecutor at City Public Prosecution Office in Stockholm. 25 August 2010 The prosecutor takes a decision to terminate the preliminary investigation concerning suspected rape. 27 August 2010 Lawyer Claes Borgström, legal representative of the women who reported Julian Assange, requests a review of the prosecutor's decision to terminate the preliminary investigation concerning rape. The review request is sent to the Prosecution Development Centre in Gothenburg. 1 September 2010 Marianne Ny, Director of Public Prosecution, takes a decision to resume the preliminary investigation concerning the suspected rape. The preliminary investigation on sexual molestation is expanded to cover all the events in the crime reports. September 2010 The investigation is underway. September 2010 The arrest of Julian Assange is ordered. 18 November 2010 Marianne Ny orders the arrest of Julian Assange, with probable cause, suspected of rape, three cases of sexual molestation and illegal coercion. This measure is taken as it has been impossible to interview him during the investigation. Stockholm District Court takes a decision to order the arrest of Julian Assange in accordance with the Prosecutor's request. In order to execute this decision, the Prosecutor takes a decision to issue an international warrant for the arrest of Julian Assange, a European Arrest Warrant. 22 November 2010 Julian Assange appeals the issue of the District Court arrest warrant to Svea Court of Appeal. 24 November 2010 Svea Court of Appeal refuses the appeal and takes a decision that the arrest warrant is to remain in place, with probable cause, on suspicion of rape (less serious crime), unlawful coercion and two cases of sexual molestation. The international request and the European Arrest Warrant are confirmed in accordance with the decision of the District Court. 30 November 2010 Julian Assange appeals the arrest warrant issued by Svea Court of Appeal to the Supreme Court. 2 December 2010 The Supreme Court takes a decision not to grant Julian Assange leave to appeal. The decision of the Svea Court of Appeal stands. On the request of the British police, additional information is added to the European Arrest Warrant concerning the maximum penalty in Sweden for the crimes of sexual molestation and unlawful coercion. British proceedings 7 december 2010 Julian Assange is arrested by British police. 16 December 2010 At a hearing on detention at Westminster Magistrates Court in London, the Court decides that Julian Assange should be granted bail. 7-8 February 2011 Hearing in London concerning surrender according to the European Arrest Warrant. 24 February 2011 The City of Westminster Magistrates’ Court makes a decision to grant the request for surrender of Mr. Julian Assange to Sweden. March 2011 Mr Assange appeals the court's decision. 12-13 July 2011 Hearing in High Court in London concerning surrender according to the European Arrest Warrant. 2 November 2011 The High Court dismisses the appeal by Mr. Julian Assange against his extradition to Sweden. 5 December 2011 The Court grants Mr. Assange the right, within 2 weeks, to request leave to appeal to the UK Supreme Court. 16 December 2011 The Supreme Court grants Mr. Assange leave to appeal. The Court will sit on 1 and 2 February 2012. 1-2 February 2012 Hearing in the Supreme Court of Great Britain concerning whether a prosecutor can be considered to have the legal authority to issue a European Arrest Warrant. [Events of May 30, 2012 not listed.]
http://www.aklagare.se/In-English/Media/News-in-English1/ News News from the Swedish Prosecution Authority 2012-05-30: Assange granted 14 days to apply for re-opening The counsel for Mr Assange, Ms Rose, this morning indicated that she may make an application to re-open the UK Supreme Court’s decision. 2012-05-30: Decision from the Supreme Court The Supreme Court of the United Kingdom has today decided to uphold and grant the request to surrender Julian Assange to Sweden. 2012-05-29: Decision in the UK Supreme Court Wednesday 30 May, the UK Supreme Court will issue the judgement in the matter concerning Julian Assange's surrender to Sweden. 2011-12-16: Assange granted leave to appeal Today, the Supreme Court of Great Britain took a decision to grant Julian Assange leave to appeal in the matter of his surrender to Sweden in accordance with a European Arrest Warrant. 2011-11-02: Mr. Julian Assange to be surrendered The High Court has today dismissed an appeal by Mr. Julian Assange against his surrender to Sweden. The decision can be appealed. 2011-09-11: Suspected terrorist crimes in Gothenburg Statement from the prosecutor concerning suspicions of terrorist crime. 2011-07-13: Hearing in London on the Assange matter Hearing in High Court in London concerning surrender according to the European Arrest Warrant. 2011-04-04: Preliminary investigation of unlawful intelligence activities is closed Chief Public Prosecutor Tomas Lindstrand The Prosecution Office for National Security have closed the investigation since the crime of unlawful intelligence activities could not be substantiated. 2011-02-24: Assange to be surrendered (updated) The City of Westminster Magistrates’ Court has made a decision to grant the request for surrender of Mr. Julian Assange. 2011-02-10: Statement by the Prosecutor-General of Sweden concerning the Assange case Anders Perklev comments on critical statements concerning the Swedish legal system and the Director of Public Prosecution. 2011-02-04: British court hearing on the Assange case On 7 and 8 February a court in England will hear the case concerning the surrender to Sweden of Julian Assange in accordance with the European arrest warrant issued against him. 2010-12-16: Julian Assange granted bail in The High Court At a hearing on Thursday 16 December, The High Court in London decided that Julian Assange should be granted bail. 2010-12-14: Julian Assange granted bail at Westminster Magistrates Court in London At a hearing on Tuesday 14 December, Westminster Magistrates Court in London decided that Julian Assange should be granted bail. 2010-12-08: Cyber attack on the web site On Tuesday evening the web site of the Swedish Prosecution Authority was attacked. Due to an unusual amount of visitors the site became overloded and crashed. The site was restored on Wednesday morning. 2010-12-07: British Police have arrested Mr. Assange Statement from Director of Prosecution, Ms. Marianne Ny 2010-12-06: British Police supplied with requested information concerning Assange Director of Prosecution Ms. Marianne Ny has supplied the British Police with the requested additional information. 2010-12-02: Julian Assange has been detained in his absence Julian Assange has been detained in his absence suspected of rape, sexual molestation and unlawful coercion. Mr Assange had appealed the detention decision issued by Svea Court of Appeal. 2010-12-01: An european arrest warrant for Mr. Assange has been issued Director of Prosecution, Ms. Marianne Ny, can confirm that an european arrest warrant for Mr. Assange has been issued. 2010-11-18: Mr. Assange detained in his absence As a result of the court's decision to detain Mr. Assange in his absence, an international arrest warrant will be issued. 2010-11-18: Request for detention of Mr. Assange Director of Prosecution, Ms. Marianne Ny, has requested the District Court of Stockholm to detain Mr Assange in his absence.
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