Julian Assange arrested in London

[ShadowDragon8685]

It is now 9:42 AM in the United Kingdom, on December the 14th. Assange's counsel was supposed to have seen him yesterday.

Has there been any news?

[Dartzap]

It is now 9:42 AM in the United Kingdom, on December the 14th. Assange's counsel was supposed to have seen him yesterday.

Has there been any news?

Gruniad

The WikiLeaks founder, Julian Assange, will try to win his release from prison tomorrow, a week after being held on remand after Sweden requested his arrest over allegations that he sexually assaulted two women.

Even if the judge at Westminster magistrates court in London grants Assange bail, he could still be held.

The Crown Prosecution Service, which will represent the Swedish authorities in the UK court, has the right to appeal against any bail decision. Usually the suspect would be held in custody until an appeal hearing anyway.

Raj Joshi, a former head of the European and international division at the CPS, and an expert on extradition, said: "If they feel they have grounds for opposing bail, they would be duty bound to appeal that. He'll be held pending the appeal, and until it is decided. That hearing is usually held within 48 hours."

The chances of Assange going underground, given that his face was "plastered all around the world", were low, he added. "With a number of conditions, such as, maybe, a tag, it would be difficult to see why bail would not be granted."

The decision on whether to oppose bail will be made by the Swedish authorities, with Britain's CPS merely representing their interests at tomorrow's hearing. Speculation that the US could lodge an extradition request continued over the weekend, but it is regarded as highly unlikely that any such request would be lodged tomorrow.

Lady Kennedy, who has extensive experience in human rights, has joined Assange's defence team.

His case has stirred fresh controversy about European arrest warrants, which the Swedish authorities would use for his extradition.

Lady Ludford MEP, the Liberal Democrat European justice and human rights spokeswoman, claimed the arrest warrant system, which she said she supported, was being used by Sweden to carry out a fishing expedition. Sweden had yet to formally charge Assange with any offence.

In a letter to the Guardian, Ludford wrote that past cases showed that it was "not a legitimate purpose for an EAW to be used to conduct an investigation to see whether that person should be prosecuted". She added: "Normal cross-border cooperation on collection of evidence or interrogation of suspects called 'mutual legal assistance', using for example video-conferencing or a summons for temporary transfer of a suspect, should be used when more appropriate. "I urge the UK courts to refuse to allow the Assange EAW to be a fishing expedition without a pending actual prosecution. EU rules should be properly respected so that the integrity of the European arrest warrant process is protected."

Ahead of the case, lawyers today visited Assange in Wandsworth prison, south London, where the 39-year-old is being held in the segregation unit.

Assange's mother Christine is understood to have flown from Queensland, Australia to London to attend his bail hearing afternoon. It also emerged last night that the film-maker, Michael Moore, has offered to post security for the WikiLeaks founder.

Assange's lawyer Mark Stephens visited him in Wandsworth prison yesterday afternoon and said his client was being held under harsher conditions than last week. He claimed Assange was being confined to his cell for all but half an hour a day, and denied association with others prisoners, access to the library or TV.

"He's subject to the most ridiculous censorship," Stephens said. "Time magazine sent him a copy of the magazine with him on the cover and they censored it not just by ripping off the cover but by destroying the whole magazine."

Stephens also claimed a number of letters to Assange from media organisations have not reached him. He said Assange was under 24-hour video surveillance and had complained that a tooth which broke off while he was eating had later been stolen from his cell.

Stephens said Assange's UK legal team had still not seen the prosecution evidence against him. "His Swedish lawyers have some of the material but not all and it's in Swedish so we can't take proper instructions."

The decision by the district judge Howard Riddle to remand Assange into custody was made despite the film director Ken Loach, the journalist John Pilger, and the socialite Jemima Khan, offering sureties for him totalling £180,000. The judge had concluded that because of the "serious" nature of the allegations against Assange, his "comparatively weak community ties" in the UK, and the fact it was believed he had the financial means and the ability to abscond, there was a substantial risk he would fail to surrender to the courts.

The allegations about Assange were made by two women. The first complainant, known as Miss A, said she was the victim of "unlawful coercion" on the night of 14 August in 2009 in Stockholm. The court heard Assange was alleged to have "forcefully" held her arms and used his body weight to hold her down. The second charge alleged he had "sexually molested" her by having sex without using a condom. A third charge claimed Assange "deliberately molested" Miss A on 18 August.

A fourth charge, relating to a woman called Miss W, alleges that on 17 August, Assange "improperly exploited" a situation where she was asleep, to have sex with her without using a condom.

A poll by Comres for CNN revealed today that 44% of Britons believe the charges against Assange are an excuse to place him in custody so the US can prosecute him over the US embassy cable leaks. But the same number say he should be sent to Sweden for questioning.

Meanwhile a dating site profile from 2007, supposedly created by Assange, had prompted by yesterday some lively online debate. The profile on the OKCupid site featured pictures of Assange, though gave the name Harry Harrison – who described himself as a "passionate and often pig- headed activist intellectual" who sought to change the world. He concluded: "Write to me if you are brave."

I'd be betting he'll get tagged and set sort-of-free, personally.

[Bernkastel]

Thank you Dartzap. I had checked the BBC site upon seeing ShadowDragon's post and had found nothing. The way Assange is being treated is something I find irritating, but at least none of the things I feared have occurred yet.

[Ryushikaze]

I don't want to correct you, but I can't agree. Feminista and Feminazi is commonly used as a denouncement of feminism as a whole - they're a caricature, not a distinction as such. Even if Skgoa didn't mean that (actually, I doubt he did), it certainly mirrors what I'd call the majority view of feminism.

I wasn't concerned with the whole usage, just Skgoa's use. I'm not disputing that the two words are often used to represent the whole of Feminism,but I've heard the terms used by mainstream feminists to exclude the radicals before as well.
But that's a minor tangent compared to the matter of whether or not anything happened, what happened exactly, and the side issue of how Assange is being treated by the government.

[Skgoa]

I wanted to post in this thread several times, but I always find that I almost completely agree with Eleas, Lusankya and Ryushikaze. With the only caveat being that my opinion of wether or not Assange is guilty has moved from "lets wait for the legal process to sort it out" to "it at least LOOKS as if the allegations were made up."
And if this is in fact how I percieve it to be, it has grave consequences for my oppinion of this woman.

[Mr Bean]

Breaking Assange has been granted bail by the judge
http://www.theglobeandmail.com/news/tec ... le1836858/

A British judge granted bail to WikiLeaks founder Julian Assange on Tuesday, saying he must abide by strict bail conditions as he fights extradition to Sweden in a sex-crimes investigation.

The 39-year-old Australian has been held in a London prison for a week after surrendering to Scotland Yard due to a Swedish arrest warrant.
More related to this story

Assange is wanted for questioning after two women accused him of sexual misconduct in separate encounters in Sweden over the summer. Lawyers for Assange say he denies the allegations and will contest Sweden's attempt to extradite him.

A number of eminent international figures had offered to post bond worth at least 200,000 pounds ($325,000) to help secure Assange's release, his lawyer, high-profile human rights advocate Geoffrey Robertson, told the hearing in London on Tuesday.

Lawyer Gemma Lindfield, acting on behalf of Swedish authorities, asked the court to deny Assange bail because the allegations in Sweden were serious, Assange had only weak ties to Britain and he had money enough “to abscond.”

Supporters outside City of Westminster Magistrates' Court erupted in cheers when they heard news of the judge's ruling.

[Dartzap]

The Swedes are challenging the bail claim, You can add two more days for him in prison then.

[Phantasee]

Australian government realizes 'illegality' isn't an actual crime:

Julian Assange did not break law, Wayne Swan concedes
James Massola December 15, 2010 1:26PM

WIKILEAKS founder Julian Assange may not have broken the law by publishing leaked diplomatic cables, Treasurer Wayne Swan has conceded.

And he has angrily rejected suggestions that Mr Assange could come to be viewed as a political prisoner that the Labor Government was unwilling to assist in the same fashion as David Hicks.

Mr Assange remained behind bars in London today as supporters scrambled to raise £200,000 ($316,000) in cash so he can be released on bail.

A high-powered legal team convinced a magistrate overnight that the Australian internet activist should be set free while he battles extradition to Sweden on rape allegations but his freedom was delayed by a Swedish government appeal against his release, and by the race to produce the large cash bail.

As the flood of leaked diplomatic cables began over a week ago, Julia Gillard asserted that "the foundation stone of it [the leaks] is an illegal act," though the Prime Minister was unable to say which Australian laws may have been broken by Mr Assange.

"It would not happen, information would not be on WikiLeaks, if there had not been an illegal act undertaken," Ms Gillard said last week.

Members of Ms Gillard’s Left faction have subsequently demanded the government stop treating Mr Assange as a criminal and called for his rights as a citizen to be protected.

Attorney-General Robert McClelland has confirmed the Australian Federal Police are investigating the leaks, an investigation that could take a year.

"There is a vigorous debate, nationally and globally about a range of issues involved here. First of all the theft of classified documents. Now that will be investigated under the law as it should be because it is illegal," Mr Swan told radio station 5AA today.

"I’m not asserting that he did [steal those documents]. I’m just going through the issues because they are complex and they all get mixed up. The subsequent publication of these documents is another matter and doesn’t necessarily fall into that category."

And he has again confirmed that Mr Assange will receive "full consular assistance and [the government will] do everything we can to ensure that he is dealt with correctly within the law of the land. That’s appropriate, we do that for any Australian citizen".

"There are a range of issues here, there is a vigorous public debate about it, but we will always accord to Australian citizens the rights that they are due. We will do that as we have done for so many other people overseas who are in difficulties," he said.

Media law experts, including Holding Redlich managing partner Ian Robertson, have said it appears to him that Mr Assange had operated as many other media outlet would by releasing the cables. It was clear a crime was committed when someone took the material without authorisation from a US military computer system, he said.

But it was most unlikely any offence had been committed by those who published the material online or in newspapers.

"As a media lawyer I find it rather hard to think of how a successful action could be brought to stop the publication of this material or to take action against those who have done it," Mr Robertson said.

EDIT: Forgot the link!
The Australian

[Todeswind]

Can someone explain what the actual charges being lodged against him are? I'm a bit confused by exactly what he's being charged with.

[eion]

According to Michael Moore on Countdown tonight it involves a condom break during consenual sex. Verification, of a sort, here.

[Ryan Thunder]

Wait wait, he can be charged with rape for a product failure?

[Spoonist]

Wait wait, he can be charged with rape for a product failure?

If it is noticed and he continues anyway, yes.

[General Zod]

Wait wait, he can be charged with rape for a product failure?

If it is noticed and he continues anyway, yes.

Which ultimately boils down to "he said she said".

[Spoonist]

Wait wait, he can be charged with rape for a product failure?

If it is noticed and he continues anyway, yes.

Which ultimately boils down to "he said she said".

Of course, as with most sex charges.

[Todeswind]

Wait wait, he can be charged with rape for a product failure?

You can get extradited if the condom breaks? WTF?

[Terralthra]

Wait wait, he can be charged with rape for a product failure?

You can get extradited if the condom breaks? WTF?

If a woman consents to sex with a condom, then your condom breaks mid-coitus, you know it's broken, and continue having sex, even if she asks you to stop? Yes, you can be charged with rape. At least, in a sane country.

[Ryan Thunder]

Alright, sure. But how the hell do you prove it?

[Terralthra]

Alright, sure. But how the hell do you prove it?

If "it's difficult to prove" was a valid reason not to bring charges or attempt extradition, there are an awful lot of date rapists who'd never see trial. You have the judges listen to the testimony of the victim, the accused, and listen to any circumstantial or character evidence each side brings, and you try to figure out who is lying.

[Spoonist]

Alright, sure. But how the hell do you prove it?

If "it's difficult to prove" was a valid reason not to bring charges or attempt extradition, there are an awful lot of date rapists who'd never see trial. You have the judges listen to the testimony of the victim, the accused, and listen to any circumstantial or character evidence each side brings, and you try to figure out who is lying.

Which is why you don't want to do the first questioning over a videolink.

[Terralthra]

Alright, sure. But how the hell do you prove it?

If "it's difficult to prove" was a valid reason not to bring charges or attempt extradition, there are an awful lot of date rapists who'd never see trial. You have the judges listen to the testimony of the victim, the accused, and listen to any circumstantial or character evidence each side brings, and you try to figure out who is lying.

Which is why you don't want to do the first questioning over a videolink.

This is not the first questioning. Assange has already been questioned by Swedish authorities and released when the charges were dropped the first time.

[Sea Skimmer]

The reason they can charge him over a broken condom as far as I can tell mainly because he didn’t make himself available to an STD test on demand by the women, and as is required by Swedish law. This was largely because Assange changes phones and locations constantly to avoid nutjobs taking off his head. The thing is as long as you don’t actually have an STD the penalty for conviction is just a fine at worst. But if you give someone a disease and hide from it, that's considered assault in Sweden and many other countries.

[Molyneux]

Wait wait, he can be charged with rape for a product failure?

If it is noticed and he continues anyway, yes.

Which ultimately boils down to "he said she said".

...and in this case the existing evidence seems to heavily indicate that she's bullshitting. Still, not a reason to not bring charges - just a reason those charges should be tossed out of court fairly quickly.

[frogcurry]

According to Michael Moore on Countdown tonight it involves a condom break during consenual sex. Verification, of a sort, here.

He's also accused on having sex with a woman who was asleep at the time, which if true would count as rape in most countries and is probably the most serious allegation being made against him at this time.

[Molyneux]

According to Michael Moore on Countdown tonight it involves a condom break during consenual sex. Verification, of a sort, here.

He's also accused on having sex with a woman who was asleep at the time, which if true would count as rape in most countries and is probably the most serious allegation being made against him at this time.

The burden of proof remains on the accuser. If I read the situation correctly, the two were in a relationship at the time, as well.

[Ryan Thunder]

Alright, sure. But how the hell do you prove it?

If "it's difficult to prove" was a valid reason not to bring charges or attempt extradition, there are an awful lot of date rapists who'd never see trial. You have the judges listen to the testimony of the victim, the accused, and listen to any circumstantial or character evidence each side brings, and you try to figure out who is lying.

For the record, I wasn't disagreeing that he should be charged at that point.