http://online.wsj.com/article/SB10001424052748703791904576075303307375550.html?mod=fox_australian

Assange Lawyers See Risk of Death Penalty 
By JEANNE WHALEN 
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AFP/Getty Images 
WikiLeaks founder Julian Assange said his website was preparing to release new 
classified U.S. cables after a judge said that Sweden's attempt to extradite 
him would be examined in full in February.


LONDON-If WikiLeaks founder Julian Assange is extradited to Sweden to face a 
sexual assault investigation, there is a "real risk" the U.S. would seek to 
extradite him from Sweden, and detain him at Guantanamo Bay or subject him to 
the death penalty, Mr. Assange's lawyers argued in documents published Tuesday.

Sweden is trying to extradite Mr. Assange from the U.K. to face questioning 
over allegations that he raped one woman and molested another during a visit to 
Stockholm last summer. Mr. Assange was arrested last month in the U.K. on a 
European warrant issued by Sweden, but he hasn't been formally charged with a 
crime, and denies any wrongdoing. 

Mr. Assange made a court appearance on Tuesday, at which a judge set a Feb. 7 
date for his next hearing in the extradition matter.



 
WikiLeaks founder Julian Assange makes a brief appearance in court as part of 
his ongoing battle to avoid extradition to Sweden for questioning over alleged 
sex crimes. Video courtesy of Reuters.

More
Text of 35-page document posted online by the law firm representing Assange 



In a 35-page document posted online by the law firm representing Mr. Assange, 
his lawyers reiterated arguments they plan to make against his extradition. But 
they also said Mr. Assange "reserves the right to argue" a few additional 
points at the Feb. 7 hearing. 

For example, the document indicates Mr. Assange may argue that he shouldn't be 
extradited to Sweden because the arrest warrant "has been issued against him 
for the purposes of prosecuting or punishing him for his political opinions." 
The WikiLeaks founder could be "prejudiced at trial" for his opinions, they 
added. 

And the document says Mr. Assange's lawyers might choose to assert that his 
extradition would violate his rights under the European Convention on Human 
Rights, including Article 3 of the convention, which prohibits torture. This is 
because, if Sweden hands him over to the U.S., "there will be a real risk of 
him being detained at Guantanamo Bay or elsewhere, in conditions which would 
breach Article 3 of the ECHR," the document said.

"Indeed," the document continues, "if Mr. Assange were rendered to the U.S.A., 
without assurances that the death penalty would not be carried out, there is a 
real risk that he could be made subject to the death penalty."

A spokeswoman for Swedish prosecutors declined to comment on the document, 
saying she hadn't had the chance to read it, yet. But Sweden has always 
strongly denied any political motivation-or involvement from Washington-in its 
attempts to extradite or investigate Mr. Assange. 

Washington has also denied any involvement in the Swedish case. The U.S. 
Justice Department is carrying out its own investigation of WikiLeaks and its 
publication of thousands of leaked U.S. government and military documents. 
Attorney General Eric Holder, who has condemned WikiLeaks for putting U.S. 
national security at risk, has confirmed the existence of an "active, ongoing 
criminal investigation," but hasn't given details of its direction. 

A Justice Department spokeswoman declined to comment on the lawyers' document, 
or on the likelihood of Mr. Assange being charged with a crime in the U.S. The 
Obama administration has said it is trying to close Guantanamo Bay. Mr. 
Assange's lawyers didn't say in their document which charges they believe the 
U.S. might levy that could lead to the death penalty for Mr. Assange, who is a 
citizen of Australia. 

In the document, Mr. Assange's lawyers repeated previous arguments against his 
extradition, saying that Sweden was making inappropriate use of the European 
arrest warrant system; that Swedish prosecutors have abused the legal process 
by leaking Mr. Assange's name to the press when he was first sought for 
questioning; and that Mr. Assange has offered to meet with Swedish prosecutors 
on several occasions, but has been rebuffed. 

In an odd twist, an initial version of the document disclosed the names of the 
two women who have accused Mr. Assange. Documents read aloud in court have 
previously kept their identities anonymous. 

Mark Stephens, a lawyer for Mr. Assange, said his firm removed the women's 
names from the document after someone flagged the fact that they had been 
published. "We felt that in the interest of sensitivity it was perhaps better 
to redact the names, even though there was no legal requirement to do so," he 
said. 

On Tuesday, Mr. Assange left the courtroom at Belmarsh Magistrates' Court on 
the same bail conditions that were set last month, which require him to wear an 
electronic tag, live at the same address in eastern England and check in with 
the police every day.

Sweden says it has been unable to question Mr. Assange in person in the 
country, which he left on Sept. 27.


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