What crimes did he commit? Honest question. I heard that someone accused him of being a rapist but then dropped the charges so I guess it was false. What else is there?
How? if they can get a conviction they should get the conviction. For eg, Vijay Mallya from india was convicted of a crime and india is now seeking his extradition. how does it make sense that you keep the case open?
https://en.wikipedia.org/wiki/Trial_in_absentia
Note that Mallya has not been convicted: https://en.wikipedia.org/wiki/Vijay_Mallya#Accusations
He is charged with different crimes and therefore there is a warrant out, and a request for extradition: "When he failed to appear, the Supreme Court said the contempt case would only proceed further after he is produced before the court".
There are also multiple court verdicts in favour of banks and business partners, but those are all civil law, not criminal.
Consider “he whom rape charges were brought against” and “the accused rapist”.
Or how about this? “The accused child-murderer Assange”
Words, put certain ways by bad actors towards bad ends because they are inflammatory, are a thing.
Do you have a reference that they are not possible in Sweden?
I can't find anything either way.
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Chapter 46 (proceedings in the district courts) Section 15 a If the matter can be satisfactorily investigated, the case may be adjudicated notwithstanding the fact that the defendant has appeared only by counsel or has failed to appear if:
1. there is no grounds to impose a criminal sanction other than fine, imprisonment for a maximum of three months, conditional sentence, or probation, or such sanctions jointly,
2. after service of the summons upon the defendant, he has fled or remains in hiding in such a manner that he cannot be brought to the main hearing, or
3. the defendant suffers from serious mental disturbance and his or her attendance as a result thereon is unnecessary.
Orders under the Penal Code, Chapter 34, Section 1, paragraph 1, clause 1, shall have the same standing as the sanctions stated in the first paragraph, clause 1.
However, this does not apply if, in connection with such an order, a conditional release from imprisonment shall be declared forfeited as to a term of imprisonment exceeding three months.
In the situations stated in first paragraph, clause 2, the case may be adjudicated even if the defendant has not been served the notice of the hearing.
Procedural issues may be decided even if the defendant has failed to appear in court. (SFS 2001:235)
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Looks like a perfect fit for Assange's case. Why didn't they try him this way?
Looking at Swedish law, they have a rough equivalent of Miranda - https://open.karnovgroup.se/processratt/fuk Section 12(google translate):
- Do not have to comment on the suspicion and not otherwise have to contribute to the investigation of their own debt
However, according to precedents the criteria “the matter can be satisfactorily investigated” is not easily satisfied in case of serious crime that is contested (see the court case RH 2011:4).
https://en.wikipedia.org/wiki/Julian_Assange#Swedish_sexual_...
It seems that the allegations were dropped after initial questioning and he was told he was free to go, then a special prosecutor reopened the case and asked to question Assange, who by then was out of the country.
The statute of limitations for most of the allegations seems to have expired primarily because of the indecisiveness or otherwise mishandling of the case by the special prosecutor who reopened it in the first place, who maintained she couldn't interview Assange while he was in the Ecuadorian embassy- which seems to have been incorrect.
From the wikipedia article:
In 2010, the prosecutor said Swedish law prevented her from questioning anyone by video link or in the London embassy. In March 2015, after public criticism from other Swedish law practitioners, she changed her mind and agreed to interrogate Assange in the Ecuadorian embassy in London, with interviews finally beginning on 14 November 2016.[167] These interviews involved police, Swedish prosecutors and Ecuadorian officials and were eventually published online.[168] By this time, the statute of limitations had expired on all three of the less serious allegations.
There are many reasons for dropping charges besides "she obviously lied". One of the reason might be that nobody wants to get all this attention and ensuing insults and death threats.
In this specific case, there wasn't even much debate over facts, only law. She refused to have sex without a condom, then woke up to him having sex with her, without a condom.
Reasons the women were lying: the first had tweeted and texted about how happy she was to have slept with Assange. She later tried to destroy this evidence after deciding she'd been "raped", a decision that was triggered by meeting another woman he'd also slept with and getting mad she wasn't the one.
The reason Assange went to the embassy after the charges were resurrected is that it was obvious the case was a dud as it has already been dropped due to the hopeless case of the witnesses. So why did Sweden suddenly decide to try again? Assange was right to judge it as being politically motivated.
Remember, the US government views Wikileaks the same as ISIS.
I don’t have a horse in this race. Just follow this as I think it is very entertaining.
Edit: It could be both!
The Swedish government always folds like a wet paper towel as soon as the US asks for anything.
The courts do, though, take a dim view of scofflaws. And especially those who successfully evade proceedings by doing so. And even more so those who put the authorities to trouble to bring them back to the court. So my guess is that there will be a trial on it, followed by a sentence in the upper end of that range.
It's only logical to hedge a potentially decade-long sentence with a likely inescapable two year sentence.
When the charges are bogus and you know that they are being used to censor your work, which positively impacts the lives of millions of people, you may also consider it your civil duty to evade a wrongful arrest.
I'm incapable of providing a good reason why Assange should have just submitted to the bogus rape charges.
And the fact that sympathizing with him in this regard in an open forum has a high chance of impacting my civil freedoms at some point in the future just magnifies the impact of the work he was trying to achieve when all of this started.
I think this description is a little too martyring for my liking.
I'd love to know what civil freedoms of yours you believe are going to be impinged by virtue of this post.
Are you supposed to let your accuser have 100% say in whether you are guilty, even if you believe the system is rigged against you and you are acting in good faith?
Such an attitude is subservient and enables totalitarian governments to operate under the guise of justice.
You have to understand that nothing gives any body of government legitimacy just because other governments recognize it. The only thing that gives your government power is your permission as a citizen. My country was founded on this sentiment.
When Martin Luther King said:[0] "I submit that an individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law,"
he was not thinking of whistleblowers and the fact that their greatest impact on society comes from maintaining their sovereignty in spite of globally coordinated efforts to censor and imprison them.
Assange was operating in good faith that his life's work might end the moment he stepped foot back in Sweden. He chose not to recognize the authority of a State he was actively politically engaged with. Countries do this every day.
Just because he doesn't have an army behind him to legitimize his claim to sovereignty, doesn't mean he doesn't have the right to that claim and the right to achieve his sovereignty by any means that can be ethically justified.
To claim that he does not get the right to decide for himself, as all men do, whether to recognize what a particular group of people with guns and land command of him, is to claim that he is not human, because that is a natural human right.
I have personally been the victim of an illegal charge despite overwhelming evidence in my favor, and received the maximum possible fines and jail sentence. Going to jail made sense because I wanted to just get my life back on track after my government destroyed it, as soon as possible. But it was not the morally responsible thing to do. I didn't even commit the crime I was convicted for. The morally responsible thing to do would have been to not submit myself to the illegitimate city government which prosecuted me.
> I'd love to know what civil freedoms of yours you believe are going to be impinged by virtue of this post.
Any number of things.
My country asks for social media accounts when applying for a passport, sure it's optional now, but give it time.
Automation and machine analysis will ensure my Hacker News account factors into my Social Credit score.
If you get out from under your rock you would see similar things happening in many countries across the globe.
[0] https://www.africa.upenn.edu/Articles_Gen/Letter_Birmingham....
Even if Assange had violently raped and murdered multiple people (which would absolutely make him a terrible person) how would that affect the credibility of his civil work in any way? Does it make the truths that he helped expose any less true?
https://greenandblackcross.org/guides/should-i-ignore-police...
What's not a crime is breaching the conditions of your bail, e.g. you can't go to political protests if you're released on bail.
In particular, https://www.cps.gov.uk/legal-guidance/bail#a19
This shows that breaching your bail conditions means you may be arrested and either re-bailed, or taken into custody.
The only "crime" he committed was refusing to cooperate and fleeing the country, since he saw this only as a pretext to get him in custody for US extradition, which objectively was the case (the US wasn't hiding its attempts to get him extradited).
That was extremely strange and suspicious so he resisted the extradition first legally then by fleeing into the embassy. And in there he deteriorated greatly - spiraled into conspiracy and paranoia.
https://www.theguardian.com/media/2010/dec/17/julian-assange...
Strange how her lawyer today told the press that the victim hopes that Sweden re-opens the rape case. Definitely no ill will towards Assange, only concern for his health.
I think only Assange and Ecuador really had it in their power to alter the length of the "siege", I don't think the Met Police were going to simply say "whatevs" once he had skipped bail.
...it's not the cat's fault, and the cat doesn't have to prove that it is a vicious killer one needs to hide from.
I can’t see why anyone would do that if they valued their own personal security. /s