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Assange to be put on ice in Sweden

By Jonathan J. Ariel - posted Thursday, 24 November 2011


While most of the attention regarding Julian Assange's possible extradition to the US has focused on the EU agreements that are meant to impede extradition - namely that the UK Home Office would have to consent to his extradition, little or no attention has been given to the temporary surrender (also called 'conditional release') mechanism that Sweden established bilaterally with the United States 27 years ago.

Under this treaty, Sweden may: "temporarily surrender the person sought to the requesting State for the purpose of prosecution. The person so surrendered shall be kept in custody while in the requesting State and shall be returned to the requested State after the conclusion of the proceedings against that person...".

Temporary surrender allows for the swift and prosecution of a person sought in two jurisdictions by allowing the temporary transfer of the person to the Requesting State for prosecution, when that person is subject to proceedings (either prosecution or service of a sentence) in the Requested State.

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This would appear to bypass 'traditional' extradition safeguards. While the scheme is intended to combat serious crimes (such as drug trafficking and terrorism), the United States Attorney General, Eric H. Holder will likely argue that Assange is no less a threat to the Western struggle against Global Jihad than is the proverbial net- savvy Taliban fighter who has moved his jihad online.

Holder will, more assiduously than would be expected, demand Assange's extradition given he's under an unrelenting attack over his role in Operation Fast and Furious. Any diversion of the attention of the 51 congressmen seeking his resignation would be a welcome.

Under this procedure, Assange can be 'lent' to the US for prosecution on the condition that they will be returned for prosecution in Sweden at the end of his sentence (to stand trial for the 'lesser' offence of sexual misconduct once more evidence is gathered).

This procedure is much, much faster than a formal extradition. His solicitor, Gareth Peirce (best known for her role as defence lawyer for the Guilford Four) confirmed that she would ask senior judges in London on 5 December to certify that the highest court in the land should consider his case. But to do so she must establish that his case raises "a question of law of general public importance".

If she manages to pull such a rabbit out of her hat and convince the Court that indeed there is a question of law at stake, then she would have bought Assange at least three months more in the comfort of Ellingham Hall in Norfolk. If she fails, then Assange could be on the next flight to Stockholm out of Heathrow.

Should the Swedish Prosecution Authority conclude that conviction is very unlikely and that there is reasonable doubt about Assange's culpability, then with no certainty of guilt, if tried he would most likely be found not guilty. At least that's what Per-Ole Träskman and Sakari Melander contend.

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All the more reason to believe that Assange will soon jet into Stockholm with just enough time for an airside court appearance before changing gates and boarding the last flight he'll be taking for a very long time.

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About the Author

Jonathan J. Ariel is an economist and financial analyst. He holds a MBA from the Australian Graduate School of Management. He can be contacted at jonathan@chinamail.com.

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