back to article Assange™ slumps back on Ecuador's sofa after detention appeal binned

Ensconced WikiLeaker Julian Assange™ doesn't look to be leaving his hideout in Ecuador's London embassy anytime soon – a Swedish appeals court has rejected his request to set aside the detention order filed against him in that country. Assange's lawyers had argued that the order should be vacated because there is no way to …

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  1. dan1980

    "It is also in the interest of the injured parties that the investigation advances."

    Whatever one might think about Assange, the above statement tells you a lot.

    Those seeking his appearance in Sweden are claiming left and right and up and down that it is just for this reason and this reason alone. Just questioning and only about this alleged incident - nothing else.

    They claim to be acting on behalf of a party that is claiming injury but their own behaviour is not doing anything to actually advance the cause of that party. There are many avenues open to them that they are refusing to take.

    If you want to interview him then you can. Otherwise charge him.

    Personally, I don't know why anyone should be compelled to be shipped to another country for an interview like this. If you are formally charged with a crime then you have a point but the idea that you can be sent overseas just for a talk is absurd.

    1. Matt Bryant Silver badge
      FAIL

      Re: dan1980

      "......If you want to interview him then you can. Otherwise charge him...." As has been discussed here many, many, many times, A$$nut fled before being formally questioned and refused to return to Sweden for questioning. The Swedish criminal system requires the formal questioning before charges can be laid. And A$$nut's bleating about extradition to the U.S. has long since been debunked - http://www.theregister.co.uk/2013/04/04/assange_extradition_unlikely/

      http://www.bbc.com/news/world-europe-19426382

      1. dan1980

        Re: dan1980

        Is it possible for you to discuss a topic without saying things like "A$$nut"? Why do you do that all the time?

        While I accept all you points (though not the delivery) the question again comes back to: "why can't they question him in the UK"? Even the Judge is basically now asking the same thing.

        This is my point - if you want to question him then do so. Okay, Assange is not being as cooperative as the Swedes would like but he has never once said that he would refuse to have the formal interview, only that he did not accept that he should be deported to Sweden to do it.

        In this he is - in a way - supported by the judge, who has said that he can be questioned in the UK. So why don't they do that?

        Is insisting on a course of action (extradition to Sweden) that is very unlikely to happen better than conducting the desired process in a different location?

        Whatever your (or anyone else's) view of Assange or his actions now or in the past, this is the situation RIGHT NOW. He's not going to Sweden to answer questions so the prosecutors have to ask themselves which the better outcome is.

        The Judge is apparently nearly at that point - saying that there really isn't a good reason NOT to interview him in situ.

        1. Anonymous Coward
          Anonymous Coward

          Re: Is it possible for you to discuss a topic without saying things like "A$$nut"?

          You must be new around here?

        2. Vociferous

          Re: dan1980

          why can't they question him in the UK

          Because Swedish police and prosecutors have no jurisdiction in the UK. The questioning is not fact-finding, they already know they have grounds to arrest him.

          Also, as the prosecutor has pointed out, Sweden is not in the habit of negotiating with rape suspects about where and how they want to be interviewed.

        3. LucreLout

          Re: dan1980

          why can't they question him in the UK?

          Why should they? He (allegedly) committed an offence in Sweden, against Swedish nationals, before fleeing Sweden. Why should the prosecutors office send someone to follow him around the world while he attempts to subvert their justice system?

          Assange isn't afraid that America might go to great lengths to have him deported and stuffed in a cell for all eternity next to Brad Manning. He's afraid they won't. He's afraid that he's simply not relevant anymore, if he ever was. Snowden, yes, he really is in hot water if he leaves hiding, but Assange? Why bother with him? He's made himself a credibility free joke.

          The chances are good that he'll die a lonely old man, on Ecuadors couch, with nobody remembering his name. Manning got 35 years, right or wrong, that's what he got. Assange has already done 7% of that sofa surfing - his only problem is that it doesn't count.

          1. dan1980

            Re: dan1980

            @Lucrelout

            "Why should they?"

            Why? BECAUSE HE'S NOT GOING TO LEAVE THE FUCKING ECUADORIAN EMBASSY!!!

            Why is this so fucking hard for everyone to fucking understand? Down vote me if you want but it's the simple truth. HE IS NOT LEAVING. You can say WHATEVER you want but he is NOT LEAVING..

            If you are the person in charge of this investigation you have two choices:

            1. - Insist on extradition and don't interview him.

            2. - Agree to do it in the UK and do interview him.

            If you want to interview him you only have one option.

            As I have said - perhaps there is enough found from such an interview and he is formally charged and Assange still refuses to leave. But if you are seriously pursuing justice then you can't let that risk halting your entire process.

            WHATEVER you all feel and whatever he did is, at this point, beside the point. The ball is in the the Swedish Police's court - are you really telling me that the best thing they can do is insist on a course of action that they have all the reason in the world to believe will be utterly ineffective?

            None of you seem able to take this as it currently IS. All I read is "what about this" and "if he hadn't done that" and "he should have done something else". You let me know when that changes the equation as it stands now. He is holed up in the Ecuadorian embassy and he is not going to Sweden to answer questions.

            If you believe he is guilty would you rather he answer the questions in the UK or not answer the questions at all? There is no third option and the Swedish police's insistence that there is just doesn't achieve anything.

            Despite our shared nationality I really have no feelings for this man. (But then I find empathy taxing at the best of times so I am perhaps not a good measure here.) But, my feelings do not alter the FACTS of this situation, and neither do your feelings. You just have to play the ball as it lies.

            1. dan1980

              Re: dan1980

              Apologies for the strong language. It's been a particularly tough week, personally, but that doesn't excuse rudeness.

              I'll not remove the post because that would be dishonest - I don't hide behind an AC tag so I won't pretend I didn't say something I did.

              There does seem to be a strong anti-Assange sentiment pervading this site which I think at times crosses the line to black-and-white "Assange = bad" bias but each to their own. For my part, I am neither pro- nor anti-Assange but that hardly seems to matter. You'll all be sorry when I'm gone, etc...

            2. Psyx

              Re: dan1980

              "Why? BECAUSE HE'S NOT GOING TO LEAVE THE FUCKING ECUADORIAN EMBASSY!!!"

              Oh, ok. So that's an ok legal precedent to set is it: If you evade police questioning then we just drop it and let suspects dictate terms?

              "HE IS NOT LEAVING. You can say WHATEVER you want but he is NOT LEAVING.."

              Good. I'm glad. I'm really quite happy that he has imprisoned and humiliated himself far more adequately than anyone else could have done.

              "If you are the person in charge of this investigation you have two choices:"

              3, actually: Don't negotiate to a wanted bail-jumper and let the bugger sit and stew.

              "There does seem to be a strong anti-Assange sentiment pervading this site "

              I'm anti- anyone who tries to buy their way around my nation's law by fighting to the last via the medium of expensive lawyers paid for by influential friends, who then elects to ignore a contrary court ruling, thumbs his nose at my nation's court system and then runs away, shouting 'waah conspiracy'.

              Frankly anything before then was eclipsed by that series of deeds.

              1. dan1980

                Re: dan1980

                3, actually: Don't negotiate to a wanted bail-jumper and let the bugger sit and stew.

                Which advances things how?

                I am not saying any particular action is right or wrong but they have just two options - talk to him in the UK or don't talk to him at all. Your suggestion is functionally equivalent to "don't talk to him at all".

                "Frankly anything before then was eclipsed by that series of deeds."

                Sure - that certainly changes the situation. Why didn't see it before!? He's bound to come out and face the music now that you've laid that down. Wow - they should have just asked you first. Quick - run and tell the Swedish police; it's been solved.

                And people the world fucking over escape justice by hightailing it off to some fuck-off nation. Russia houses fucking WAR CRIMINALS in luxury villas, all for the low-low price of the money the earned killing and torturing their own people. Don't pretend that this is the first time someone has evaded justice by hiding behind a sympathetic country. Precedent is hardly the word.

                1. streaky

                  Re: dan1980

                  "Which advances things how?"

                  It doesn't advance things, it doesn't walk them back either.

                  By your argument Ronnie Biggs would have never served any time. You don't fuck off somewhere for 3 years and have charges dropped. Right or wrong it isn't a *legal* argument unless you also believe in unicorns.

                  If he'd not shown up at a friendly embassy he could have been tried, convicted and been released by now - instead the entire process hasn't started and there's *one* person on the entire planet to blame for that.

                  And not for nothing but if the Yanks wanted him they'd ask us to extradite him given it's about 100x easier from the UK than Sweden.

                  1. Looper
                    FAIL

                    Re: streaky

                    Have you been living under a rock for this entire story then? Or hadn't you noticed that he HASN'T BEEN CHARGED!

                    Since he HASN'T BEEN CHARGED, then they obviously do not have evidence to charge him. Since he HASN'T BEEN CHARGED, then what difference would it make where the interview takes place? If by his answers he implicates himself in a crime, then they CAN charge him from Sweden and his assertions about extradition would look a lot weaker. Until they charge him, I would say it's a 50-50 case of whether his assertions hold some water or not.

                    Sweden has a history of being a US lapdog. When other EU states would tell US administration where to go, Sweden says "how high would you like us to jump".

                    1. Ben Tasker

                      Re: streaky

                      Apparently you've not been following very closely Looper.

                      The Swedish process demands a formal interview before a subject can be charged. Its that interview they want to have, and it seems even Assange's lawyer believed he'd be charged following interview.

                      So, no, he hasnt been charged but for the reason above it's an indicator of fuck all because they cant charge until theyve had the interview.

                      Whether or not Sweden is a US lapdog has no real bearing. A) there's no evidence the yanks will actually ask for him and b) he's been in the UK a fair while - we've a history of handing people over to the US with little evidence needed.

                      1. Anonymous Coward
                        Anonymous Coward

                        Re: streaky

                        "Whether or not Sweden is a US lapdog has no real bearing. A) there's no evidence the yanks will actually ask for him and b) he's been in the UK a fair while - we've a history of handing people over to the US with little evidence needed."

                        But in the UK it still requires judicial oversight. Once in Sweden it gets as simple as a civil servant saying OK to a request to "borrow" Assange for "assistance in other ongoing investigations" and off he's shipped.

                        Evidence or not, Assange obviously believes it - why otherwise spend more time in house arrest than he's likely to get (assuming he's convicted) in Sweden.

                        1. streaky

                          Re: streaky

                          "Evidence or not, Assange obviously believes it - why otherwise spend more time in house arrest than he's likely to get (assuming he's convicted) in Sweden"

                          Assange might believe aliens started WW1 it doesn't make it true or relevant to his actual problem.

                  2. pffut
                    Paris Hilton

                    Re: dan1980

                    "It doesn't advance things, it doesn't walk them back either."

                    It's their job to advance the investigation. They haven't been doing much of that for a long time now.

                    They've conducted interviews abroad in other cases, so why not this one?

                2. Psyx

                  Re: dan1980

                  "Which advances things how?"

                  It stops a wanted bail-jumper wandering free.

                  Seriously: Why does it have to 'advance' things. It's an inescapable siege. If the castle is impregnable, you don't have to let the inhabitants out. You make the buggers miserable until they give in, as much as an example as anything else.

                  "Your suggestion is functionally equivalent to 'don't talk to him at all'."

                  On the other hand is it *isn't* functionally equivalent to back-pedaling and compromising the legal system of your sovereign nation, surrendering to the whims of a fugitive and potentially screwing up a chance of prosecution by dong so.

                  "He's bound to come out and face the music now that you've laid that down."

                  I think you may be labouring under the impression that I in an way view him as being holed up in a box of his own choosing something other than a satisfying result. By ignoring our laws he's given himself a longer sentence than he would have earned and make a joke of himself far more effectively than the States could have dreamed of doing. His bid for freedom and limelight has had the opposite effect. I like irony.

                  "And people the world fucking over escape justice by hightailing it off to some fuck-off nation."

                  Yeah, at which point the authorities don't say "well done, old bean: you outwitted us this time, so we'll call it quits. Be on your way you jolly scoundrel!" It sets rather a bad example to others considering the same thing.

                  "Russia houses fucking WAR CRIMINALS in luxury villas...<rant>"

                  Erm... what has that got to do with it? Is the inference that other people have got away with it before, so why shouldn't he?

                  Remember that those people who went on the run before weren't let off with a rubber stamp: Protests with the hosting governments were lodged and are ongoing. Breaking the law is one thing, but making a mockery of a nation and their legal system is something the State is a little less forgiving on.

            3. LucreLout

              Re: dan1980

              Why? BECAUSE HE'S NOT GOING TO LEAVE THE FUCKING ECUADORIAN EMBASSY!!!

              Firstly, I can't imagine why you would begin to think that would cause Sweden any problems. And secondly, he will leave eventually. Even Assange is smart enough to figure out that once his legal wrangling is complete and the interview and extradition still stands, he either lives & dies on the couch, or he comes out to face the music.

              HE IS NOT LEAVING. You can say WHATEVER you want but he is NOT LEAVING..

              See above. The UK will run up significant charges for policing the situation, but quite why anyone else would have any issue at all if Assange chooses to grow old on the Ecuadorian couch is beyond me. His rights certainly aren't being violated and he is free to leave at any time.

              Fleeing incarceration by incarcerating yourself is the logic of an idiot.

              are you really telling me that the best thing they can do is insist on a course of action that they have all the reason in the world to believe will be utterly ineffective?

              Time is on their side. Best case for Assange and there is some statue of limitations on the case, he still faces immediate incarceration in the UK for crimes committed here, and we still have that extradition treaty with the USA. He will eventually understand that he isn't achieving anything.

              You let me know when that changes the equation as it stands now. He is holed up in the Ecuadorian embassy and he is not going to Sweden to answer questions.

              Still missing the point. Nothing need change. The only ones suffering from the situation are Assange and his children. How long he chooses to make them suffer is up to him.

              ETA: His victims would have wanted him imprisoned. Swedish jails are likely no worse than his current conditions, in which he is effectively incarcerated - he has no freedom. He's already served longer than he would have done had he been found guilty, with the added bonus that the charges will be waiting for him when he comes out. Even if he times them out, which will be a long time coming, he still faces jail in the UK for bail jumping and PCOJ, and he will then be extradited to America, should they actually request him.... and lets face it, he's not going to be given bail while he wastes 10 years fighting it, is he?

          2. Anonymous Coward
            Anonymous Coward

            Re: dan1980

            Methinks you underestimate the vindictiveness of the US towards anyone that embarrasses them...

          3. pffut

            Re: dan1980

            Because it's the prosecutors job to carry the investigation forward. It's not like they haven't done interviews abroad previously, in other cases....

            If he wasn't afraid of extradition to the US, why would he spend more time, in effectively house arrest, than he'd be likely to receive for the sexual offences in Sweden? Our jails don't have THAT bad a reputation (I believe.)

            1. Matt Bryant Silver badge
              FAIL

              Re: pffut Re: dan1980

              ".... It's not like they haven't done interviews abroad previously, in other cases...." If you wish to make that claim, please do provide a case where the Swedish police and/or prosecutor have agreed to carry out the formal questioning (not a preliminary interview, but questioning as a named suspect) of anyone.

        4. Matt Bryant Silver badge
          Stop

          Re: dan1980 Re: dan1980

          ".....the question again comes back to: "why can't they question him in the UK"? Even the Judge is basically now asking the same thing....." Nope, the judge is saying Assange should surrender himself back to Swedish authorities - that is what upholding the EAW means. The reason the Swedes will not question him where they do not have jurisdiction is because, as Assange was warned by his lawyer, it is almost certain the Swedes will want to arrest him at the end of the formal questioning, as is their due process. Assange has deliberately attempted to make that impossible by fleeing (twice) to places he thought would be safe from the Swedes. His first attempt was to the UK, which failed due to his legal team not predicting the Swedes issuing an EAW - bad legal advice. He then thought his legal team could defeat the EAW in the English courts - more bad legal advice. What he should have done is flee straight to a country with no extradition agreement with Sweden or the EU, but his ego (and probably more bad legal advice) got in the way. Assange created this issue and has succeeded in making it worse for himself at every turn, avoiding jail by incarcerating himself in a jail of his own egotistical stupidity's making. The Ecuadoreans have only made it worse (and made themselves look politically naive) by farcically declaring they are 'safeguarding freedom of the press' by harboring a suspected rapist whom is not even legally a journalist, which has only drawn attention to the Ecuadorean regime's dubious record with their own journalists (http://www.dailykos.com/story/2013/06/27/1219389/-Ecuador-According-To-Human-Rights-Watch-And-Amnesty-International).

  2. Mark 85

    Tough choice...

    35 years in prison or live forever (or as long as they will put up with him) in the Ecuadorian embassy. My thought would be that sooner or later, he'll wear out his welcome and then possibly still have to face the jail time. Maybe it's time to leave and get things over with? But that's a tough decision. This won't go away just because he's hiding out.

    And yes, the fact the prosecutors won't visit him for a chat is very telling.

    1. ratfox

      Re: Tough choice...

      My dream is that he is finally caught after many years, trying to escape from the embassy; shipped to Sweden; then sentenced to one month of community service.

    2. dan1980

      Re: Tough choice...

      @Mark 85

      Eh? "Live forever" is an option now?

      1. Mark 85

        Re: Tough choice...

        It may seem like forever to him being holed up in a room in an embassy. Then again, with all this in the news for a couple of years, it sometimes seems like forever. :)

        1. Giles Jones Gold badge

          Re: Tough choice...

          Meanwhile the policing bill reaches £10 million or so, which would be better spent on policing the really dangerous people on the streets.

          1. Tim Jenkins

            "...the really dangerous people on the streets..."

            such as the poor sods in SC&O19 who have spent the past couple of years polishing their G36s and staring at that monstrosity of a building:

            http://en.wikipedia.org/wiki/Embassy_of_Ecuador,_London#mediaviewer/File:Ecuadors_London_embassy_-_September_26,_2012.jpg

            I mean, those twirly bits on the balconies are going to start looking like eyes after a while...

    3. therealmav

      Re: "select markets"

      And yes, the fact the prosecutors won't visit him for a chat is very telling.

      What utter rubbish. The crime he's alleged to have done was a crime in Sweden. The Swedish investigation needs to take place in Sweden just like an alleged criminal who committed a crime in the UK would be shipped back here to be investigated. It's not like he's just a witness here. He's alleged to be the actual perpetrator.

      1. dan1980

        Re: "select markets"

        @therealmav

        "The Swedish investigation needs to take place in Sweden . . ."

        Actually no, that's not correct. The interviews CAN take place in the UK.

        This is one of the big problems so far as public opinion goes. Yes, Assange comes across as a self-righteous, holier-than-thou type. And yes, he absolutely appears to have acted in rather bad faith as regards his exit from Sweden and his skipping bail.

        BUT, and this is a huge 'but' - those acts have a ready explanation. You (and Matt and anyone else) may not believe it but there is no doubt that Assange can provide an answer as to why he did what he did. There is no doubt in my mind that he truly believes he will be extradited to the US if he ever sets foot on Swedish soils again - whether or not you think those fears are reasonable is largely beside the point. He may be paranoid with delusions of importance - picturing himself as a fighter for justice being targeted by government - but the point is that he believes that what he says will happen to him will actually happen to him.

        One the other side, however, the Swedish police/prosecutors.just don't have a reasonable explanation for why they are refusing to conduct their interviews as things stand now. The judge has said that they can interview Assange in the UK but they refuse to do so, insisting instead on extradition to Sweden first.

        Given - again - that extradition to Sweden is not a legally-necessary pre-condition for conducting a formal interview, this clearly raises questions as to the motives behind the insistence that he be extradited.

        Whatever you or Matt may think - and indeed whatever the actual truth of the matter is - this is a bad look. It is easy to understand the reasons why Assange felt he needed to do what he did and those reasons are entirely consistent with his claims now - he believes the aim of all this is to ship him to the US. It is far harder to understand the reasons why it is being insisted that he MUST be extradited to Sweden - especially when the (Swedish) judge has said that it is not necessary.

        In short, Assange's actions add up. Whether you think he is imagining things or lying or a raping, lying terrorist who wants to help Al Qaeda to bomb your children's school - his stated reasons and actions are consistent. As much cannot be said for the other 'side' in this palaver.

        Personally, I disapprove of the way Assange has acted but I understand it. I do not understand the actions of the Swedish police and prosecutors.

        Now, perhaps he gets interviewed and they decide to press formal charges and he still refuses. Okay, so you take that when it comes but the Swedish police are now on the front foot, at least so far as opinion is concerned. At that point, at least some of Assange's support evaporates. Perhaps nothing, ultimately, changes but how exactly is that different from the situation now?

        1. LucreLout

          Re: "select markets"

          Given - again - that extradition to Sweden is not a legally-necessary pre-condition for conducting a formal interview, this clearly raises questions as to the motives behind the insistence that he be extradited.

          Dan, I think you may be missing the point. He was at large in the UK. We very much have an extradition treaty with the States and had they asked, he'd have been sent there for trial. He might have spun it into a lengthy leagal process, but one year or another, he'd have been on a plane.

          His refusal to go to Sweden because he can be extradited simply doesn't hold water. He's in at least a greater danger in the UK and he always was. Skipping bail automatically makes him a criminal and will require his detention - that isn't in debate or doubt. If Sweden dropped the charges, and he left the embassy, we'd lock him up. America would have plenty of opportunity to request his presence, and unlike McKinnon, he really doesn't have a reason not to go.

          So why hide from the charges? Potential answers include:

          - He's guilty of rape.

          - He gave one or both women an STD and is trying to hide the fact (I'm thinking one that doesn't go away as this is way more trouble than a little penicillin is worth)

          - He's afraid America WON'T deport him, and that the world just won't care. "Erm, sorry kids, daddy's PR stunt sort of back fired and erm, sorry for missing out on half your lives to date".

        2. Psyx

          Re: "select markets"

          "There is no doubt in my mind that he truly believes he will be extradited to the US if he ever sets foot on Swedish soils again"

          That's absolutely no defense.

          If you or I elected to go on the run from the police pending a trial because we thought we genuinely believed that we were going to be sent to jail for a long time, would that be ok? Would a court see that as an ok justification?

        3. Phil O'Sophical Silver badge

          Re: "select markets"

          the Swedish police/prosecutors.just don't have a reasonable explanation for why they are refusing to conduct their interviews as things stand now.

          They have a perfectly reasonable explanation: "why the fuck should they?".

          Assange wants to have his cake, and eat it. If they question him they may decide to charge him, or they may decide there's no case to answer, and he goes free. Assange just wants to make sure that if they go for the first option, he can still evade arrest by staying in the embassy. It's like letting a burglar decide that he'll only show up for trial if he's sure of being let off. Why should the Swedish authorities give him the choice, it's no problem for them if he wants to deprive himself of his freedom for the next ten years.

        4. Matt Bryant Silver badge
          Stop

          Re: dan1980 Re: "select markets"

          ".....Actually no, that's not correct. The interviews CAN take place in the UK....." Male bovine manure. It is not an 'interview', it is formal questioning and precedes his being charged and arrested for the Swedish crime of 'sex by surprise'. As part of the Swedish legal process, Assange has to undergo formal questioning before he can be charged - think of it as a chance to enter a plea before going to trial - and the Swedish prosecutor, Ny, has already stated that Assange will be charged after the questioning on the evidence already uncovered during the investigation. Assange knows this, it is the reason why he fled Sweden because he knows he can only be charged and arrested under Swedish jurisdiction. As long as he stays outside of Swedish jurisdiction the process cannot proceed and the European Arrest Warrant remains valid.

        5. Anonymous Coward
          Anonymous Coward

          Re: "select markets"

          "bad faith as regards his exit from Sweden"

          Not so - he checked with the prosecutors if it was OK for him to leave Sweden. Later on someone got excited...

      2. Anonymous Coward
        Anonymous Coward

        Re: "select markets"

        "What utter rubbish. The crime he's alleged to have done was a crime in Sweden. The Swedish investigation needs to take place in Sweden"

        Bzzzzt, the prosecutors are free to do the interview anywhere, and have indeed done interviews abroad in other cases. It makes it a bit less convenient if the result of the interview is that they want to take him into custody, but no excuse not to continue the investigation with the next step needed.

        1. Matt Bryant Silver badge
          Stop

          Re: AC Re: "select markets"

          "....Bzzzzt, the prosecutors are free to do the interview anywhere, and have indeed done interviews abroad in other cases...." So you have details on one of these prior cases where the Swedes have made the formal interview of a named suspect - not preliminary investigation interviews - anywhere other than on Swedish soil? No, I didn't think you did.

    4. Anonymous Coward
      Anonymous Coward

      Re: Tough choice...

      Just to add to Assange's (self inflicted) woes, when he does step (or get thrown) out of the embassy, the first thing that will happen is that he is going to be hauled in front of some very unamused UK judges who will want a *very* good answer as to why he skipped bail. It is entirely likely that he could spend a month or two in a UK slammer before having his backside kicked over to Sweden.

    5. Vociferous

      Re: Tough choice...

      35 years in prison

      There is no 35 year sentence for anything in Sweden. Rape & sexual assault like that of Assange will give him one to two years in prison, with half of it free on parole. He'll also be required to pay compensation to the victims, which will be in the 2000 pounds range.

      1. dan1980

        Re: Tough choice...

        @vociferous

        The 35yr sentence is what he is claiming he will get if extradited to the US.

        Again, and for the umpteenth time - I don't care if it's really true or not. All I am saying is that I believe that he believes it is true.

        That may make him delusional but his detractors could hardly argue with that - they have alwasy maintained that he thinks he's more important than he is. In this instance, assertions of that delusion count in his favour as if one believes that he is delusion and believes he is public enemy no 1 in the US then his actions have plausible motive beyond the otherwise more obvious reason of trying to run from a guilty charge.

    6. Psyx

      Re: Tough choice...

      "35 years in prison"

      <Citation needed>

      1. Mark 85

        Re: Tough choice...

        RTFA to wit: "This is about the threat of extradition to the US and 35 years of jail there," Per Samuelson, Assange's Swedish lawyer, told Reuters on Thursday. "As long as that threat remains, there is no doubt he will stay at the embassy."

  3. h3

    It is definitely dodgy. They should have dealt with it whilst he was in the country (They had the opportunity).

    Sex by surprise is a stupid concept.

    1. Anonymous Coward
      Anonymous Coward

      I think you'd feel differently about the silliness of "sex by surprise" if it was your wife/daughter/sister who woke up after being knocked on the head, intoxicated or drugged and was surprised to find a guy on top of her. Now, Assange is not being accused of something that low, but what he is accused of is questionable enough that it represents a danger to members of Swedish society that the government there has a right to take issue with.

      1. DiViDeD

        eh.? wot?

        ".what he is accused of is questionable enough that it represents a danger to members of Swedish society.."

        if "I had sex with him that night, but when I woke up the next morning he was trying to have sex with me again" is the worst danger the Swedish people have to worry about the I think they have it pretty bloody easy.

    2. Matt Bryant Silver badge
      FAIL

      Re: h3

      "It is definitely dodgy....." The only dodgy bit was A$$nut declaring he wanted a 'fair hearing' in the UK courts, getting one and losing, and then him suddenly deciding a 'fair hearing' wasn't enough and jumping bail to hide in the Ecuadorean Embassy.

      ".....They should have dealt with it whilst he was in the country (They had the opportunity)...." No, Assange was tipped off by his lawyer that he was going to be formally questioned and probably charged and promptly fled Sweden. Assange had the opportunity to stay and clear his name but chose to flee, and also chose not to go back to Sweden when asked to, hence the EAW.

      ".....Sex by surprise is a stupid concept." Do you think rape is a 'stupid concept'? Because, as part of his failed appeal, the judge stated that what Assange is accused of would constitute rape under English law.

    3. Chad H.

      >>>>>Sex by surprise is a stupid concept.

      If only we could say that inserting ones penis into the vagina of anoter without consent is equally stupid.

      Instead, we get crazy defenses like this.

    4. Vociferous

      They should have dealt with it whilst he was in the country

      He fled the country when he got the second summons.

      1. DiViDeD

        Re:He fled the country when he got the second summons.

        Actually, he LEFT the country before the summons was issued, after his lawyer had obtained an assurance from the state prosecutor that he was not required for interview.

        And he's not 'wanted' for anything. The Swedish prosecutor's office want to interview him regarding a complaint which has been made. You have to be charged with something before you can be 'wanted'

        for it, surely?

        Seriously, the original accounts are easy enough to find. What's with the communal memory loss?

        1. I ain't Spartacus Gold badge

          Re: Re:He fled the country when he got the second summons.

          Seriously, the original accounts are easy enough to find. What's with the communal memory loss?

          DiViDed,

          They certainly are. Which is why I'm tempted to conclude that Assange's supporters are lying deliberately, rather than suffering a 'lapse of collective memory'.

          So it's a matter of fact that Assange's lawyer was told that Assange was wanted for questioning the day before he left Sweden. The lawyer denied this in one of the original hearings. Only to then be forced to admit to the judge that he was wrong, as the evidence was on his own phone. Weirdly they seem to have sent him a text (seems a tad informal for these purposes to me), don't know if there was a supporting phonecall as well.

          Next he is wanted for something. This was the only legitimate part of Assange's appeals. There's not supposed to be any grounds for appeal over the EAW, as it's supposed to work like we're one happy family in the EU. A system I don't approve of myself, but that's the law. So as the UK has a different legal system I believe an EAW has to be signed off by a judge, whereas in Sweden (or anyone else using the inquisitorial system) it's going to come from the prosecutor (or equivalent).

          He's had his questioning and investigating, and was invited for his final "we might charge you after this" type of interview that the Swedish system apparently requires. The UK Supreme Court got to rule on this, that it's compatible with UK law that these foreign legal systems are allowed to issue European Arrest Warrants at the appropriate stage of their legal process. It is, after all, a European Arrest Warrant. Not extradition. That was the whole (wong-headed) point of the system.

          Finally we come to your above allegation about the minor nature of the charges. Again, this is in the judgement of the UK Supreme Court. Freely avaiblable online, and mentioned many times here, and elsewhere. The 2 charges the Swedish ticked as rape, would be rape under UK law as well.

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