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http://www.independent.co.uk/news/uk/crime/wikileaks-founder-fears-execution-2206650.html
Wikileaks founder 'fears execution'
Monday, 7 February 2011

Julian Assange fears he could be taken against his will to the United States and executed if he is extradited to Sweden, his legal team said today.

Lawyers for the WikiLeaks founder have asked the Australian government to request assurances from their Swedish counterparts that he would never be removed from their country.
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They are concerned the Swedes could "bow to US pressure" or "naively" rely on diplomatic assurances and allow the 39-year-old to be taken across the Atlantic.

In legal papers released as Assange appeared before a district judge at Woolwich Crown Court, his barrister Geoffrey Robertson QC said he may end up in Guantanamo Bay.

He said there is a "real risk" his client faces further extradition or illegal rendition to the United States if he is sent to Sweden to answer allegations of sexual assault.

Mr Robertson said: "If Mr Assange were rendered to the USA, without assurances that the death penalty would not be carried out, there is a real risk he could be made subject to the death penalty, which is provided for in the Espionage Act.

"It is well known that prominent figures have implied, if not stated outright, that Mr Assange should be executed."

In an unusual move, Assange's legal team released a 74-page outline of their arguments against his extradition as a two-day hearing got under way today.

The largely technical challenges focused on the status of Swedish officials, the validity of the European Arrest Warrant and claims that his human rights would be breached.

In the document, Mr Robertson argued that:

:: Swedish prosecutor Marianne Nye is "not eligible" or an appropriate "judicial authority" to issue a European Arrest Warrant for his client;

:: The Swedes are guilty of an "abuse of process" as they have not demonstrated any intention to charge or prosecute Assange and he cannot be extradited for questioning alone;

:: The application for a European Arrest Warrant is "disproportionate" as he is willing to co-operate and be interviewed by phone, email or videolink;

:: The arrest warrant paperwork is not valid as it does not "unequivocally" state that he is wanted for prosecution and has been mistranslated;

:: The offences Assange faces - unlawful coercion and sexual molestation - are not criminal acts under British law and the conduct is wrongly described as rape;

:: Extraditing Assange to Sweden would be a "real risk of a flagrant denial of justice" and a "blatant breach" of British constitutional principles;

:: The whistleblower will face a "secret" trial behind closed doors, is unlikely to be given bail and lay judges may be open to political prejudice;

:: Extradition and prosecution would breach five "fundamental rights", including the right to a fair trial, under the European Convention on Human Rights.

Assange, an Australian national, arrived under an extraordinary media spotlight at the high-security Crown Court, which is sitting as Belmarsh Magistrates' Court.

Reporters from around the world laid siege to the courthouse and queued around the block to claim their tickets to the 100 media seats available.

Assange had his bail conditions varied so he could leave his adopted home at a Norfolk mansion and spend the night at the Frontline Club, in Paddington, west London.

He is supported by a number of high-profile campaigners, including Bianca Jagger, socialite Jemima Khan and veteran left-winger Tony Benn.

The hearing today focused on arguments against extradition and several witnesses will be called tomorrow. District Judge Howard Riddle may yet reserve his judgment to a later date.

Assange faces three charges of sexually assaulting one woman and one charge of raping another during a week-long visit to Stockholm in August.

He denies committing any offences and his supporters claim the criminal inquiry and extradition request are unfair and politically motivated.

Opening his case before the court, Mr Robertson argued that the huge amount of press coverage of events created a risk that Assange would receive a "trial by media".

Front-page newspaper articles have described his client as a coward for refusing to return to Sweden and face justice, he said, adding: "There's a danger this kind of media campaign, media vilification, will prejudice this secret trial."

He pointed out that rape trials in Sweden are often held behind closed doors and that, unless the public and press were allowed to witness proceedings, Assange would not receive a fair trial.

"That's a compelling argument that there's a real risk of a flagrant violation of his rights," he said.

"Given the amount of vilification throughout the world that Mr Assange has faced - he's been accused of being a coward and of vicious behaviour - it's obviously unfair he should be taken under this warrant and then ushered into a secret court and then convicted or even acquitted.

"Even if he's acquitted, the stigma will remain."

He also attacked the conditions in which Assange may be held if he is extradited to Sweden.

The remand prison in Gothenburg where he is likely to be detained pending his trial has been criticised for its treatment of foreign prisoners in particular, he told the court.

But Clare Montgomery QC, representing the Swedish authorities, challenged the objections made to Assange's extradition.

She said:

:: Swedish prosecutor Ms Nye was authorised to issue the arrest warrant;

:: Assange was wanted for prosecution in the country and not merely for interrogation, although interrogation would be the next step if he was extradited;

:: His defence team had had access to evidential material for some time;

:: It did not need to be pleaded that sex with one of the women was non-consensual since she agreed only to do it with a condom and not without one. Assange is accused of having sex with her without a condom, despite her saying she would only consent if he wore one.

There was also a lack of consent implicit in the claims made by the other woman, she added.

Describing these accusations, she said: "The allegation is, on the night of August 14 at her home, Mr Assange, by using violence, forced Miss A to endure him restricting her freedom of movement, taking hold of her arms, forcefully spreading her legs and lying on top of her."

Using his bodyweight, he stopped her from moving, she added.

"Violently forcing yourself on someone and causing them to endure your lying on top of them can only be understood as violent, unlawful coercion, as action taken without... consent."

Addressing the suggestion that Assange could be extradited to the US if extradited to Sweden, she said that, if there was a threat of "inhuman or degrading treatment or an unfair trial", the European Court would intervene.

"In any event the suggestion that somehow Sweden is to be regarded as a state that provides no protection against that sort of threat and violation appears to be unfounded," she added.

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