5 ms·

Also worth noting is that Assange has said repeatedly that he would leave the embassy if he is given written assurance that he won't be extradited to the US.

dopamean 11y ago
I don't think anyone could guarantee that. What if he was extradited to Australia and then Australia gave him up?
- _delirium 11y ago
  It's possible to extradite people only following an agreement about their treatment post-extradition. For example the receiving party could agree to not further extradite them. This kind of agreement happens fairly often. A common example is extraditions to the US from EU countries. Following a 1989 decision of the European Court of Human Rights [1], EU countries cannot extradite suspects to the US if they would face the death penalty in the US. Therefore in every extradition from the EU to the US involving a potentially capital crime, the US first signs a waiver agreeing not to seek the death penalty in the case. [1] https://en.wikipedia.org/wiki/Soering_v_United_Kingdom https://en.wikipedia.org/wiki/Soering_v_United_Kingdom
  - reillyse 11y ago
    However I'm not sure an agreement is required and (I believe) agreements are usually only made concerning laws or punishments that are not applicable in the pre-extradition country. Therefore if Sweden and the USA can agree that breaching national security secrets is a crime in the USA and Sweden recognize a similar crime (which I'm sure they do), and the USA agree not to kill Assange I don't see any reason why they couldn't extradite.
- zanny 11y ago
  His terms probably include that the country promises not to agree to any extraditions unless the extraditing country also agrees to the terms of not sending him to the US and not allowing further extraditions without the same promise. IE, Sweden would not give him to Australia unless Australia also agreed to not let him be extradited to the US or any country that does not promise to maintain the promise.
gsnedders 11y ago
Nobody in Sweden can do this. The Swedish government constitutionally cannot do this, despite Assange's requests, given the separation between government and judiciary. The Judiciary cannot provide a guarantee because they are obliged to follow due process for each and every request for extradition they receive, and until they receive one they cannot rule on any extradition.
- ryanlol 11y ago
  Er, why not? The judiciary aren't the ones that decide on if Assange gets extradited, where'd you get that idea from?
- vidarh 11y ago
  From where did you get the idea that the Swedish government can't do this?

dopamean 11y ago

I don't think anyone could guarantee that. What if he was extradited to Australia and then Australia gave him up?

_delirium 11y ago
It's possible to extradite people only following an agreement about their treatment post-extradition. For example the receiving party could agree to not further extradite them. This kind of agreement happens fairly often. A common example is extraditions to the US from EU countries. Following a 1989 decision of the European Court of Human Rights [1], EU countries cannot extradite suspects to the US if they would face the death penalty in the US. Therefore in every extradition from the EU to the US involving a potentially capital crime, the US first signs a waiver agreeing not to seek the death penalty in the case. [1] https://en.wikipedia.org/wiki/Soering_v_United_Kingdom https://en.wikipedia.org/wiki/Soering_v_United_Kingdom
- reillyse 11y ago
  However I'm not sure an agreement is required and (I believe) agreements are usually only made concerning laws or punishments that are not applicable in the pre-extradition country. Therefore if Sweden and the USA can agree that breaching national security secrets is a crime in the USA and Sweden recognize a similar crime (which I'm sure they do), and the USA agree not to kill Assange I don't see any reason why they couldn't extradite.
zanny 11y ago
His terms probably include that the country promises not to agree to any extraditions unless the extraditing country also agrees to the terms of not sending him to the US and not allowing further extraditions without the same promise. IE, Sweden would not give him to Australia unless Australia also agreed to not let him be extradited to the US or any country that does not promise to maintain the promise.

gsnedders 11y ago

Nobody in Sweden can do this. The Swedish government constitutionally cannot do this, despite Assange's requests, given the separation between government and judiciary. The Judiciary cannot provide a guarantee because they are obliged to follow due process for each and every request for extradition they receive, and until they receive one they cannot rule on any extradition.

ryanlol 11y ago
Er, why not? The judiciary aren't the ones that decide on if Assange gets extradited, where'd you get that idea from?
vidarh 11y ago
From where did you get the idea that the Swedish government can't do this?