Tuesday 1 March 2011

The Cyber Terrorist




By Adam Parry


Julian Assange, a non-profit free speech activist, finds himself the subject of a European Arrest Warrant and under house arrest in the UK pending a decision by the London courts on extradition to Sweden to face charges of allegations of sexual assault.  What adds interest and intrigue is the close timing of other events initiated by Wikileaks, a website founded by Assange.  The decision by the London courts of Assange’s extradition to Sweden or not, is made complex by the media and suggests far reaching implications that have little to do with the allegations.
The following key dates help organize events to make sense of the information found in the media and chronologically show events leading to the court decision to extradite Assange to Sweden.
Key dates in the case of sexual allegations against Assange are as follows:

  • August 11 – 17 – Assange arrives in Sweden on a speaking trip and reportedly has sex with the organizer of the event and also with a 2nd woman that he met at the seminar
  • August 20 – The Swedish Prosecutor’s Office issues an arrest warrant for Assange on accusations of rape and molestation.
  • August 21 – The arrest warrant is withdrawn by one of Stockholm’s Chief Prosecutors, Eva Finne saying they do not have sufficient reason to believe he committed rape.
  • September 1 – Director of Prosecutions (for sex crimes), Marianne Ny advises she is reopening the rape investigation as she believes there is sufficient evidence to do so.
  • November 20 – Swedish Police issue an International Arrest Warrant for Mr. Assange via Interpol
  • December 7 – Julian Assange gives himself up to London, UK police
  • February 7,8 – Extradition Hearing
  • February 24 – Decision by the London courts to extradite Assange to Sweden
  • March 3 – Assange lodges Extradition Appeal

Key dates in the leaking of secret and sensitive information by Wikileaks:
  • November 28 – First secret US Diplomatic cables released on Wikileaks website
  • November 29 – US advises cable leaks an “attack on the international community” and that a criminal investigation is ongoing
If Assange is successful in fighting extradition to Sweden through the London courts then the Swedish courts will not be able to prosecute Assange for the alleged sex crimes unless he is subsequently apprehended on Swedish soil.  The European Arrest Warrant system is based on the concept that all participating countries have legal systems which meet similar standards and fully respect human rights.  If Assange is to avoid extradition under this arrest warrant, his legal defense needs to show that the arrest warrant is politically motivated or technically unlawful.
In reading the judgment issued February 24th ordering extradition of Julian Assange to Sweden it is apparent that the arguments Assange’s defense team used fell far short of sufficient evidence or fact.  The position most discussed by Assange’s defense team in the media was that extradition was politically motivated with the purpose of ultimately allowing the US to extradite Assange via Sweden.  The US wanted Assange for leaking classified US documents over the internet.  However, the timelines of events above do not support collusion between the Swedish authorities and the timing of the leaking of sensitive documents.  Also the fact is that the US government will face significant legal and diplomatic hurdles in prosecuting Julian Assange for the internet dumping of classified documents.  No single US law makes it a crime to disclose classified government documents and in addition, no US extradition treaty currently in force lists espionage as an extraditable offence.

The media’s far reaching implications suggest possible conspiracy between nations where a careful review of the facts does not warrant this conclusion.  It appears that the arrest warrant may be exactly what it appears and extradition to Sweden is due process.

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