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> "are matters of evidence which would be highly relevant at trial. But it is not for this court to asses whether the allegations may fail." (Section 125) Yes,

by rmc 11y ago

> "are matters of evidence which would be highly relevant at trial. But it is not for this court to asses whether the allegations may fail." (Section 125) Yes, Assange hasn't been tried. The courts want to try him, but he's avoiding them. Yes, that High Court judgement is not a trial, but Assanges challenge to the Swedish extradition request. Which was upheld, and found to be valid and legal under UK law. > he should be demanding that Assange is actually charged with a crime He has been charged.

trevelyan 11y ago
> He has been charged. "Sweden has yet to formally charge Assange with any offense." - The Guardian "Sweden has yet to formally indict Assange." - New York Times "Mr Assange has not been formally charged with any offense." - BBC "Sweden does not have a time limit on how long the pre-trial stage will last or how long a person can be held in pre-trial detention.... only when an indictment is brought does the suspect acquire the formal rights of the accused." - United Nations UPR http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session29/Documents/A_HRC_29_13_ENG.doc http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session...
- rmc 11y ago
  > 153. ... there can be no doubt that if what Mr Assange had done had been done in England and Wales, he would have been charged and thus criminal proceedings would have been commenced. If the commencement of criminal proceedings were to be viewed as dependent on whether a person had been charged, it would be to look at Swedish procedure through the narrowest of common law eyes. Looking at it through cosmopolitan eyes on this basis, criminal proceedings have commenced against Mr Assange. It's almost like directly translating a word from one language and one country's legal system to a different language and a different legal system can be misleading. If only there were some sort of body of legal experts who decided this, some sort of "court" of people to "judge" meanings.
  - trevelyan 11y ago
    Wow, what a febrile argument. If there was "some sort of body of legal experts" that... wait a minute... there IS and they condemned Sweden for its routine indefinite detention of people who have yet to be formally charged IN SWEDEN. Truly baffling why you think a British ruling on the narrow validity of an extradition request translates into formal rights in a foreign criminal system where the defendant has not been charged and the prosecutor has stated there is not enough evidence to charge him.

by rmc 11y ago

trevelyan 11y ago

> He has been charged. "Sweden has yet to formally charge Assange with any offense." - The Guardian "Sweden has yet to formally indict Assange." - New York Times "Mr Assange has not been formally charged with any offense." - BBC "Sweden does not have a time limit on how long the pre-trial stage will last or how long a person can be held in pre-trial detention.... only when an indictment is brought does the suspect acquire the formal rights of the accused." - United Nations UPR http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session29/Documents/A_HRC_29_13_ENG.doc http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session...

rmc 11y ago
> 153. ... there can be no doubt that if what Mr Assange had done had been done in England and Wales, he would have been charged and thus criminal proceedings would have been commenced. If the commencement of criminal proceedings were to be viewed as dependent on whether a person had been charged, it would be to look at Swedish procedure through the narrowest of common law eyes. Looking at it through cosmopolitan eyes on this basis, criminal proceedings have commenced against Mr Assange. It's almost like directly translating a word from one language and one country's legal system to a different language and a different legal system can be misleading. If only there were some sort of body of legal experts who decided this, some sort of "court" of people to "judge" meanings.
- trevelyan 11y ago
  Wow, what a febrile argument. If there was "some sort of body of legal experts" that... wait a minute... there IS and they condemned Sweden for its routine indefinite detention of people who have yet to be formally charged IN SWEDEN. Truly baffling why you think a British ruling on the narrow validity of an extradition request translates into formal rights in a foreign criminal system where the defendant has not been charged and the prosecutor has stated there is not enough evidence to charge him.