UK judge upholds arrest warrant for WikiLeaks founder

In this May 19, 2017 file photo, WikiLeaks founder Julian Assange gestures to supporters outside the Ecuadorian embassy in London, where he has been in self imposed exile since 2012. A British judge on Tuesday Feb. 13, 20-18 is scheduled to quash or uphold an arrest warrant for WikiLeaks founder Julian Assange, who has spent more than five years inside Ecuador's London embassy. Assange's lawyers argue that it's no longer in the public interest to arrest him for jumping bail in 2012. Assange was wanted in Sweden for a rape investigation when he sought protection in the Ecuadorean embassy. Swedish prosecutors dropped the case last year, but the British warrant still stands. (AP Photo/Frank Augstein, FILE)

By JILL LAWLESS,  Associated Press  LONDON (AP) 02/13 — A judge upheld a British arrest warrant for Julian Assange on Tuesday, saying the WikiLeaks founder should have the courage to come to court and face justice after more than five years inside Ecuador’s London embassy.

Judge Emma Arbuthnot rejected arguments by Assange’s lawyers that it is no longer in the public interest to arrest him for jumping bail in 2012 and seeking shelter in the embassy to avoid extradition to Sweden. Prosecutors there were investigating allegations of sexual assault and rape made by two women, which Assange has denied.

Arbuthnot did not mince words in her ruling at London’s Westminster Magistrates’ Court, saying that by jumping bail Assange had made “a determined attempt to avoid the order of the court.”

She said Assange appeared to be “a man who wants to impose his terms on the course of justice.”

“He appears to consider himself above the normal rules of law and wants justice only if it goes in his favor,” the judge said, drawing exclamations of dismay from Assange supporters in the public gallery.

Assange can seek to appeal, though his lawyers did not immediately say whether he would.

Swedish prosecutors dropped their investigation last year, saying there was no prospect of bringing Assange to Sweden in the foreseeable future. But the British warrant for violating bail conditions still stands, and Assange faces arrest if he leaves the embassy.

Assange’s lawyers had asked for the U.K warrant to be withdrawn since Sweden no longer wants him extradited, but the judge rejected their request last week.

Assange’s attorney had gone on to argue that arresting him is no longer proportionate or in the public interest. Lawyer Mark Summers argued the Australian was justified in seeking refuge in the embassy because he has a legitimate fear that U.S. authorities want to arrest him for WikiLeaks’ publication of secret documents.

“I do not find that Mr. Assange’s fears were reasonable,” the judge said.

“If the United States initiates extradition proceedings, Mr. Assange would have the ability to raise any bars to the extradition and challenge the proceedings” in a British court, she said.

Arbuthnot dismissed another plank of Assange’s case — a report from a U.N. working group which said the 46-year-old was being arbitrarily detained.

“I give little weight to the views of the working group,” the judge said, noting that Assange had “restricted his own freedom for a number of years.”

Assange’s lawyer had argued that the 5½ years Assange has spent inside the embassy were “adequate, if not severe” punishment for his actions, noting that he had health problems including a frozen shoulder and depression.

The judge accepted that Assange had depression and other conditions, but said he was overall in “fairly good physical health.”

Arbuthnot also rejected an argument that Assange’s actions had not stalled Sweden’s legal case, because he had offered to be interviewed by Swedish prosecutors at the embassy.

Assange’s legal team said emails recently released after a freedom of information request showed that a British state prosecutor had advised Sweden “that it would not be prudent for Sweden to try to interview Mr. Assange in the U.K.”

The judge said she could not tell from the emails she had seen whether the lawyer who sent them had behaved inappropriately. But she said Assange’s “failure to surrender has impeded the course of justice.”

“Defendants on bail up and down the country, and requested persons facing extradition, come to court to face the consequences of their own choices,” she said. “He should have the courage to do so too.”

The ruling leaves the long legal impasse intact. Apart from the bail-jumping charge — for which the maximum sentence is one year in prison — Assange suspects there is a secret U.S. grand jury indictment against him for WikiLeaks’ publication of classified documents, and that American authorities will seek his extradition.

Assange’s lawyers say he is willing to face legal proceedings in Britain, but only if he receives a guarantee that he will not be sent to the U.S. to face prosecution. That is not an assurance Britain is likely to give.

Outside the courtroom, Assange lawyer Gareth Peirce gave little indication of what might come next in the twisting legal saga.

“The history of the case from start to finish is extraordinary,” she said. “Each aspect of it becomes puzzling and troubling as it is scrutinized.”

___

Danica Kirka in London contributed to this story.

https://www.apnews.com/75097a44726b4bfcad4a1a5c3d72c217/UK-judge-upholds-arrest-warrant-for-WikiLeaks-founder

Copyright 2018 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Posted in: Arrests, Bail, Court Rulings, International Policing, Judges, Public Policy

Leave a Reply

Your email address will not be published. Required fields are marked *

2 × 1 =

Terms of Use for Posting Comments

Terms of Use

This site (the “Site”) is operated and maintained by Law Enforcement Education Foundation, Corporation (“Company”). Throughout the Site, the terms “we”, “us” and “our” refer to Company.  The words “user,” “you” and “your” as used herein refer to you.

Please read these terms and conditions of use (“Terms of Use”) carefully before contributing content. If you do not agree to these Terms of Use, please do not contribute content. Your use of the Site is subject to the Terms and Conditions found here .

By contributing content to the Site, you represent and warrant that you are at least eighteen (18) years old and that you have read and understand these Terms of Use and any amendments thereto and agree to be bound by them. If you are not at least eighteen (18) years old or you do not agree and accept these Terms of Use, you are prohibited from contributing content.

From time to time, we may permit users to submit content to the Site.  You hereby acknowledge and agree that by submitting remarks, comments, suggestions, ideas, graphics, feedback, edits, concepts, comments, photographs, illustrations and other materials (other than personal information and/or registration information) through the Site (individually and collectively, “Submissions”), you (i) grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter created, without attribution to you; (ii) grant us the right to pursue at law any person or entity that violates your and/or our rights in your Submissions; and (iii) forever waive any and all of your rights, including but not limited to moral rights, if any, in and to your Submissions, including, without limitation, any all rights or requirements of attribution or identification of you as the author of the Submission or any derivative thereof.  We reserve the right to remove any of your Submissions from the Site, in whole or in part, without notice to you, for any reason or no reason.

Submissions are made voluntarily. Any submissions which include personally identifiable information are subject to our Privacy Policy found here .  You may not upload or otherwise publish content on the Site that (i) is confidential to you or any third party; (ii) is untrue, inaccurate, false or other than an original work of your authorship; (iii) that relates to or impersonates any other person; (iv) violates the copyright, trademark, patent or other intellectual property rights of any person or entity; (v) contains any content, personally identifiable information or other information, or materials of any kind that relate or refer to any other person or entity other than the provider of the products, goods or services to which the Submission relates; or (vi) violates any law, or in any manner infringes or interferes with the rights of others, including but not limited to the use of names, information, or materials that (A) libel, defame, or invade the privacy of any third party, (B) are obscene or pornographic, (C) are harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Submissions may be accessed; (D) constitute personal attacks on other individuals; (E) promote criminal, immoral or illegal activity; (F) promote or advertise any person, product or service or solicit funds; or (G) are deemed confidential by any contract or policy.

You are solely responsible for any Submissions you make and their accuracy. We take no responsibility and assume no liability for any Submissions posted by you or any third party.

Unless approved by us in writing in advance, you agree not to: (i) provide or create a link to the Site; or (ii) create any frames at any other sites pertaining to any of the content located on the Site.

We reserve the right, in our discretion, to update, change or replace any part of these Terms of Use for Posting Comments by posting updates and/or changes to our Site.  It is your responsibility to check this page periodically for changes.  Your continued use of, and/or access to the Site, following the posting of any changes to these Terms of Use for Posting Comments, constitutes your acceptance of those changes.