Julian Assange v Swedish Prosecution Authority is the set of legal proceedings in the United Kingdom concerning the requested extradition of Julian Assange to Sweden to further a 'preliminary investigation'[1] into accusations of his having committed sexual offences.
On 20 August 2010, two women, a 26-year-old living in Enkping and a 31-year-old living in Stockholm,[2][3] went together to the Swedish police in order to track him down and persuade him to be tested for sexually transmitted diseases after having separate sexual encounters with him.[4] The police told them that they could not simply tell Assange to take a test, but that their statements would be passed to the prosecutor.[5] Later that day, the duty prosecutor ordered the arrest of Julian Assange on the suspicion of rape and molestation. [6]
The next day, the case was transferred to Chefsklagare (Chief Public Prosecutor) Eva Finn. In answer to questions surrounding the incidents, the following day, Finn declared, "I don't think there is reason to suspect that he has committed rape." However, Karin Rosander from the Swedish Prosecution Authority, said Assange remained suspected of molestation. Police gave no further comment at that time, but continued the investigation.[7]
After learning of the investigation, Assange said, "The charges are without basis and their issue at this moment is deeply disturbing."[8]
The preliminary investigation concerning suspected rape was discontinued by Finn on 25 August,[6] but two days later Claes Borgstrm, the attorney representing the two women, requested a review of the prosecutor's decision to terminate part of the investigation.[6][9]
On 30 August, Assange was questioned by the Stockholm police regarding the allegations of sexual molestation.[10][11] He denied the allegations, saying he had consensual sexual encounters with the two women.[8][12][13]
On 1 September 2010, verklagare (Director of Public Prosecution) Marianne Ny decided to resume the preliminary investigation concerning all of the original allegations. On 18 August 2010, Assange had applied for a work and residence permit in Sweden.[14][15] On 18 October 2010, his request was denied.[14][15][16] He left Sweden on 27 September 2010.[17] The Swedish authorities have asserted that this is the same day that they notified Assange's lawyer of his imminent arrest.[18]
On 18 November 2010, Marianne Ny ordered the detention of Julian Assange on suspicion of rape, three cases of sexual molestation and unlawful coercion. The Stockholm District Court acceded to the order and issued a European Arrest Warrant to execute it.[6] The warrant was appealed to the Svea Court of Appeal which upheld it but lowered it to suspicion of rape of a lesser degree, unlawful coercion and two cases of sexual molestation rather than three,[19][20] and the warrant was also appealed to the Supreme Court of Sweden,[21] which decided not to hear the case. At this time Assange had been living in the United Kingdom for 12 months. An extradition hearing took place in an English court in February 2011 to consider an application by Swedish authorities for the extradition of Assange to Sweden. The outcome of the hearing was announced on 24 February 2011, when the extradition warrant was upheld. Assange appealed to the High Court, and on 2 November 2011, the court upheld the extradition decision and rejected all four grounds for the appeal as presented by Assange's legal representatives. 19,000 costs was also awarded against Assange. On 5 December 2011, Assange was refused permission by the High Court to appeal to the Supreme Court. The High Court certified that his case raised a point of law of general public importance. The Supreme Court subsequently granted permission to appeal,[22] and heard the appeal on 1 and 2 February 2012.[23] The court reserved its judgment and dismissed the appeal on 30 May 2012.[24] Assange has said the investigation is "without basis". He remained on conditional bail in the United Kingdom[10][25][26] until on 19 June 2012 Assange sought refuge at Ecuador's Embassy in London and was granted temporary asylum. On 16 August 2012 he was granted full asylum by the Ecuadorian government.
On 18 November 2010, the Stockholm District Court ordered Assange detained in absentia, on request by prosecutor Marianne Ny. As basis for the ruling, the court stated Julian Assange to be suspected on reasonable grounds to have committed rape[27] (vldtkt), unlawful coercion[27] (olaga tvng), and three cases of sexuellt ofredande[4] which has been variously translated as "sexual molestation",[28] "sexual assault",[29] "sexual misconduct", "sexual annoyance", "sexual unfreedom", "sexual misdemeanour", and "sexual harassment".[16][30][31][32]
As special reasons for the detention, the court named a risk of the suspect absconding or avoiding justice; that the penalty for the alleged crimes is at least two years imprisonment; and the lack of any obvious reason not to detain.[33]
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