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Crime The Courts

Swedish Court Refuses To Revoke Julian Assange's Arrest Warrant 243

An anonymous reader writes A Swedish court rejected an appeal by Julian Assange to revoke a detention order issued over allegations of sexual assault. "In the view of the Court of Appeal there is no reason to set aside the detention solely because Julian Assange is in an embassy and the detention order cannot be enforced at present for that reason," the appellate court added. "When it comes to the reasons for and against detention, i.e. the assessment of proportionality that is always made when use is made of a coercive measure such as detention, the Court of Appeal considers that Julian Assange's stay at the embassy shall not count in his favor since he can himself choose to bring his stay there to an end."
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Swedish Court Refuses To Revoke Julian Assange's Arrest Warrant

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  • But still not great.

  • by Anonymous Coward

    Live down to expecations, Slashdot.

    • by NotDrWho ( 3543773 ) on Friday November 21, 2014 @08:41AM (#48433087)

      This wasn't a rape, it was a CIA setup. Anyone remember Dominique Strauss-Kahn [wikipedia.org], the IMF chief who made the tragic mistake of challenging the U.S. dollar [guardian.co.uk]? A few months aftr he started proposing a new global currency to replace the dollar, he suddenly became a rapist. They dragged him off a plane in New York in handcuffs and everything. Prosecutor announced it was a rock solid case. His political career was destroyed, he was ousted as IMF head. Then exactly three days after his successor at the IMF was sworn in, suddenly the prosecutor dropped the charges and admitted that the case was bogus.

      Character assassination it *SO* much easier than assassination with a bullet. I'm just surprised that Edward Snowden hasn't been accused of being a child molester yet.

      • by Anonymous Coward

        Or, you know, he sexually assaulted people. It happens. Look at Bill Cosby.

        • Yes, sometimes proposing a new currency to replace the dollar will turn people into rapists. Happens all the time. Hey, maybe something similar happened with Assange. Leaking U.S. classified information transformed him into a vicious sexual predator.

          Fucking with the U.S. government is kind of like a werewolf bite, I guess. One minute an upstanding citizen, fuck with U.S. government, next thing you know you're raping every strange woman who shows up at your hotel room door offering sex.

        • by AK Marc ( 707885 )
          He was never even accused of "rape" but a lower sexual misconduct. He lied to obtain sex. In the US, that fraud is perfectly legal, but in Sweden, it's a crime. The sex was consensual, but it had conditions that were not met.
      • Then exactly three days after his successor at the IMF was sworn in, suddenly the prosecutor dropped the charges and admitted that the case was bogus.

        And this part of the story should have been an even bigger media circus than the initial accusation, but mysteriously wasn't. Hmm....

        • Think about how much dirt the CIA has or can easily get on people. Would you rather have one story or years of them?

      • by pellik ( 193063 )
        The mere fact that 90% of discourse about government wiretapping has turned instead into a discussion about Snowden himself shows that trumping up bogus charges against Snowden is unnecessary. Instead the powers that be will silently get their revenge once all the hype dies down and the story about Snowden gets old.
      • by swb ( 14022 )

        IIRC, the rape setup was a squeeze play perpetrated by the maid and her accomplice. DSK was a habitue of sex clubs/prostitutes, making it seem not unlikely that his aristocratic privilege and sexual appetite would have led him to be vulnerable to that situation.

        On top that, the idea of replacing the dollar with another currency was hardly some new idea, it's an idea that has floated around for a long time. It doesn't seem plausible that a conspiracy against one man would be enough to suppress this idea if

      • This wasn't a rape, it was a CIA setup. Anyone remember Dominique Strauss-Kahn [wikipedia.org], the IMF chief who made the tragic mistake of challenging the U.S. dollar [guardian.co.uk]? A few months aftr he started proposing a new global currency to replace the dollar, he suddenly became a rapist. They dragged him off a plane in New York in handcuffs and everything. Prosecutor announced it was a rock solid case. His political career was destroyed, he was ousted as IMF head. Then exactly three days after his successor at the IMF was sworn in, suddenly the prosecutor dropped the charges and admitted that the case was bogus.

        DSK? The guy who was accused of forcing a hotel maid to give him a beej against her will? The guy who said he never met the maid and has no idea what anyone's talking about? The guy who then said yeah, he met her when she cleaned his room, but the door was open and nothing happened? The guy who then said, yeah, the door was closed, but nothing happened? The guy who then said, well, he was naked and the door was closed, but nothing happened? The guy who then said, well, she gave him a beej, but she was total

    • Re:Rape Apologetics Go Here
      Live down to expecations, Slashdot.

      If allegedly lying about wearing a condom counts as rape after the fact and justifies extradition, then we should designate all women, who ever allegedly lied about not wearing a female condom, or who allegedly lied about being on birth control, as rapists as well. After all, it works both ways.

      I guess we'll have to wait until a woman republishes embarrassing US State secrets for that to happen.

      • by joe545 ( 871599 )

        Well, it counts as a prosecutable offence in both the UK and Sweden as the courts have repeatedly shown.

      • by Rei ( 128717 ) on Friday November 21, 2014 @09:42AM (#48433443) Homepage

        If allegedly lying about wearing a condom counts as rape

        It doesn't, and that's not why he's anklagad for rape. The charges section in the EAW is filled out thusly:

        1. On 13th – 14th August 2010, in the home of the injured party [name given] in Stockholm, Assange, by using violence, forced the injured party to endure his restricting her freedom of movement. The violence consisted in a firm hold of the injured party’s arms and a forceful spreading of her legs whilst lying on top of her and with his body weight preventing her from moving or shifting.

        2. On 13th – 14th August 2010, in the home of the injured party [name given] in Stockholm, Assange deliberately molested the injured party by acting in a manner designed to violate her sexual integrity. Assange, who was aware that it was the expressed wish of the injured party and a prerequisite of sexual intercourse that a condom be used, consummated unprotected sexual intercourse with her without her knowledge.

        3. On 18th August 2010 or on any of the days before or after that date, in the home of the injured party [name given] in Stockholm, Assange deliberately molested the injured party by acting in a manner designed to violate her sexual integrity i.e. lying next to her and pressing his naked, erect penis to her body.

        4. On 17th August 2010, in the home of the injured party [name given] in Enkoping, Assange deliberately consummated sexual intercourse with her by improperly exploiting that she, due to sleep, was in a helpless state. It is an aggravating circumstance that Assange, who was aware that it was the expressed wish of the injured party and a prerequisite of sexual intercourse that a condom be used, still consummated unprotected sexual intercourse with her. The sexual act was designed to violate the injured party’s sexual integrity.

        #4 has the checkbox for raped ticked, and #4 alone. #1 is unlawful sexual coersion and concerns AA. #2 is molestation and concerns AA. #3 is molestation and concerns AA. #4 is rape and concerns SW.

        Given that you're so ignorant of the case that you don't even know the basic facts of what he's actually charged with (really, how much less about the case could you possibly know than that?), mistaking a minor molestation accusation (#2) for the rape accusation (#4), perhaps you should think before spouting off publicly about how the guy's clearly innocent and the accusers are just lying sluts?

        • perhaps you should think before spouting off publicly about how the guy's clearly innocent and the accusers are just lying sluts?

          Using that word "sluts" to call those women says a lot more about you than it says about me. I assume this means you were raised in a place where most of the people around you still hold puritanical beliefs.

          My personal problem with the non-condom related rape allegations is that the women continued their relationships with Julian Assange and even bragged publicly about having sex with Julian Assange.

          Now granted, I'm not opposed to reclassifying the legal definition of rape to make it slightly broader than i

          • The impression I got was that both women were planning to have sex with him, but on their terms. This doesn't mean they can't be raped.

            Rape and sexual assault victims vary widely in what they will do after the crime. Some victims in fact deny to themselves that the assault ever occurred, and try to go on precisely as before. I don't think this is a healthy reaction, but it happens.

            As far as Assange goes, in what way is he being treated oddly? There were credible allegations of sex crimes, and he wa

      • Re:Rape Apologetics Go Here Live down to expecations, Slashdot.

        If allegedly lying about wearing a condom counts as rape after the fact and justifies extradition, then we should designate all women, who ever allegedly lied about not wearing a female condom, or who allegedly lied about being on birth control, as rapists as well. After all, it works both ways.

        I guess we'll have to wait until a woman republishes embarrassing US State secrets for that to happen.

        I don't think any woman in history has ever lied about not wearing a female condom... You've never actually seen a female condom, have you? Lying about wearing one would be like an amputee lying about having both legs.

        • I don't think any woman in history has ever lied about not wearing a female condom... You've never actually seen a female condom, have you? Lying about wearing one would be like an amputee lying about having both legs.

          Diaphragm was actually the word I was looking for.

  • by Anonymous Coward

    the Court of Appeal considers that Julian Assange's stay at the embassy shall not count in his favor since he can himself choose to bring his stay there to an end.

    This is the "grown-up language" version of "Stop hitting yourself!".

    At this point the UK should just tell Sweden to stop abusing the extradition treaties and let Assange go.

    • by Rei ( 128717 )

      Every level of the UK court system up to and including the Supreme Court has affirmed the Swedish legal system's actions concerning Assange. So try again.

      By the way, you apparently don't even know that what's being discussed here is surrender, not extradition. And if you think there's no difference, you're quite wrong, the two terms are absolutely not interchangeable.

  • by Anonymous Coward

    I believe all convicted rapists should be forgiven after three years holed up in an ecuadorian consulate.

    • by Anonymous Coward

      Convicted rapist? The two women claim that the charges were made up [paulcraigroberts.org].

      • Interesting, however there is still a possibility these women are under pressure to step back from the initial accusations given the reaction of Julian Assange's supporters. This kind of game is played by both sides. Plots are not unidirectional, if any.
      • by Rei ( 128717 )

        Wow, if paulcraigroberts.org says it, then clearly it must be true!

        It's a reprint of a Pilger article, Pilger being one of Assange's main misinformation spreaders. First off, there's not even rape charges (yes, they're on the EAW as charges, in the charges section, enumerated as charges, and ruled by the British court system to be equivalent to charges) concerning the "women" plural. There's a rape charge (singular) concerning one woman (SW) and three lesser charges concerning the other woman (AA). AA has

    • by h4x0t ( 1245872 )
      Convicted? Gotta catch him first.
    • by Anonymous Coward

      He is not convicted. He is not even accused. He is wanted for "questioning", and the presumed rape victims are not interested. Sweden refuses to do the questioning in the embassy, and Sweden refuses any guarantee that they will not hand him over to the U.S.A. once their questioning completes (or even starts) without leading anywhere, to be treated to watersports in Cuba and, should he not suffer an unfortunate decease from some doubtless preexisting condition, hole him up for three decades under inhuman

    • by caseih ( 160668 )

      Even if you're trying to be funny, a falsehood is still a falsehood. So kindly please stop saying things that we know are untrue. Assange has neither been charged with nor convicted of rape. He is innocent until proven guilty, no matter what we know about his actions and lifestyle.

      The swedes want him for questioning in regards to two (if I recall correctly) alleged rapes. However it's unlikely that if he did return to Sweden that they would even be able to charge him let alone convict him of rape. But ge

      • Is it your opinion that somebody should be immune from questioning until convicted? The Swedish courts have decided that there's enough of a case to go forward.

        Nor do you give any shred of reason why it would be harder to get Assange from Sweden than the UK, if the US in fact has any plans concerning him, which seems to be baseless (if not entirely implausible) speculation.

  • by Anonymous Coward

    One of the things the alleged victims claim is that he tore one condom and insisted on continuing, and in the other case kept insisting on *not* using a condom.

    The article about this in The Guardian, at http://www.theguardian.com/med... [theguardian.com], is pretty damning. Even if the women quoted there did not consider it rape, he's an *amazing* jerk and I'm stunned they didn't kick his ass right out into the cold night air, preferably without his clothes.

  • by joe545 ( 871599 ) on Friday November 21, 2014 @09:02AM (#48433203)

    I know that lawyers aren't exactly known for being honourable but some of the arguments Assange's lawyers have used have been a best naive and at worst disgraceful. They complained to the UK courts that the cost to to "guard" the Ecuadorian embassy (£10000/day) was not a justifiable use of money and therefore they should just let Julian go. Or to the Swedish courts that he has spent so long trapped in the embassy that to prosecute and potentially jail him would be a double punishment.

    If you choose to skip bail and hide in an embassy then you have to accept the consequences.

    • It was about keeping him (and others for that matter) in line. And making example of him being grounded, cuffed, locked, deported, tried and all of it televised.

      If you let one disobey, more of those will appear, http://www.youtube.com/watch?v... [youtube.com]

      Either way, system win. Assange's statue of limitations ends in 2022, which is, what, 10 years being locked in one room?

      If he does survive, he will be an example for others. Actually he already was an example, which keeps giving.

      • There is no statute of limitations in play here, as his case is actively being pursued and he is acting as a fugitive to that pursuance. He can stay in the embassy for 50 years and the case could still be taken up in the courts.

    • by pellik ( 193063 )
      Unlike a trial there isn't such a straight-forward course of action to appeal being wanted for questioning. Likewise, he can't fight extradition to the US from Swedish holding until he's already being extradited. Assange is screwed until he decides to enter the labyrinth, and he's probably twice as screwed when he does.
      • by joe545 ( 871599 )

        Nah, you are confused by the different jurisdictions. In Sweden you have the right to a speedy trial which puts timeframe limitations on when you can be charged. You can also only be charged following a formal interview. Assange is being disingenuous when he asks to be interviewed in London as he knows that the purpose of the interview is to charge him afterwards - and if Sweden do that then he can sit tight in the embassy and have the case dropped due to the speedy trial rules.

        • So, if in Sweden you're wanted for questioning, you can get all charges dropped by hiding for long enough? That doesn't sound right.

    • If you choose to piss off the powers that be then you have to be prepared to accept the consequences.

      FTFY

  • But Julian gets a pass. Bill has done far more good in his life than this guy. If you have a standard, apply it to all.
    • by dave420 ( 699308 )
      Seeing as the women are saying Assange didn't rape them, and the accusers of Cosby are sticking to their claims, it seems you are not applying your own standard.
  • . . . a Swedish prison is probably NICER than the place he is staying now and his time in custody would count toward any sentence he might receive.

    Assange is truly living in a prison built by his own mind, locked in his cell not by jailers, but by his own paranoia and megalomania.

"The vast majority of successful major crimes against property are perpetrated by individuals abusing positions of trust." -- Lawrence Dalzell

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