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The Assange case: It can be done if Sweden opens investigation

On Monday, the next chapter in the protracted story of Julian Assange's relationship with the Swedish judicial system. Then, the vice-superior prosecutor Eva-Marie Persson to tell if she intends to open the previously discontinued the preliminary investigation against the Wikileaksgrundaren or not.

the complainant's Counsel Elisabeth Massi Fritz submitted a request to open the Swedish case on 11 april, the same day that british police arrested Assange on Ecuador's embassy in London.

Here is the background and prospects for Monday's announcement.

Four Swedish suspicions of crimes became a

Julian Assange was suspected from the beginning, for four different crimes in Sweden. In August 2015 preskriberades two cases of sexual molestation and one case of unlawful coercion.

The suspicion remains, a case of less rough rape, a crime that can provide a maximum of four years in prison. The the suspicion to be time-barred in August 2020.

Convicted in the Uk for borgensbrott

at the moment Assange detained in the united kingdom. A british court sentenced him on 1 may to 50 weeks ' imprisonment for crimes against borgensbestämmelserna in connection with his 2012 fled into the Ecuadorian embassy in London.

British police arrested him in 2011, because the Swedish police issued a european arrest warrant, but he was released on bail at the end of the year.

It is unclear if any british straffrabatt becomes current, but according to the task to the Swedish public Prosecutor will Assange to sit of at least half of the 50 weeks.

00:50. See when Julian Assange is arrested in London.

Julian Assange was arrested by british police and taken out of the Ecuadorian embassy in april.

Swedish prosecution must be brought prior to August 2020

at Least in theory, there is time to set the Wikileaks frontman to account even in a Swedish court. It is enough namely, that a prosecution can be brought before the limitation period expires in order that the limitation period should be broken. But first must the investigation be complete.

Målsägandesidan believes that it is possible to get Assange sent to Sweden before the limitation period expires. ”We expect that the Swedish prosecutors shows the ability to take action,” writes Elisabeth Massi Fritz, in a mejlsvar.

Sweden can issue arrest warrants

If the pre-trial investigation is opened becomes Julian Assange likely to be re-remanded in custody in his absence. Then issued a new european arrest warrant which Sweden is requesting Assange to be extradited from the Uk.

It is not invariably certain that a new arrest warrant is issued, but ”it is one of the measures that are possible,” according to the public prosecutor's office communications director Karin Rossander.

In theory, would Assange himself able to move to Sweden when his uk prison sentence is served. According to Assange's lawyer Jennifer Robinson, Assange cooperated with the Swedish judicial system, and if the criminal investigation in Sweden is opened again, ”we will take a position on it”.

Suspect in the united states for computer crimes

An optional sweden travel, however, is not very probable, and it has with the third åklagande actor, the united states, to make. Assange has previously said that he trusts less in Sweden than in the Uk when it comes to the risk to be extradited to the united states.

the united states has requested Assange extradited because he is suspected of preparation to the hacking, a crime which can give a maximum of five years in prison. The united states has by all accounts not been able to prosecute Assange for espionage, which some u.s. politicians in the past have wanted.

the British decide the order in

Which country will go first, the united states or Sweden? In the framework of the european arrest warrant shows that it is the disclosure of the country, namely the united kingdom, which determine it on your own:

”the event of a conflict between a european arrest warrant and a request for extradition presented by a third country, the decision on whether the european arrest warrant or the extradition request takes precedence shall be taken by the competent authority in the executing member state, which shall take due regard to all the circumstances, in particular, those referred to in paragraph 1 and those mentioned in the applicable convention.”

”paragraph 1” referred to include ”forms of relative seriousness and place of the commission” and ”the dates of the respective european arrest”.

To make a decision about whether to comply with AMERICA's request or not can take a long time for London. First, the legal mills grind. Both sides shall present their case. Assange can appeal against the decision in higher instances.

When the law come to the end of the road must also minister Sajid Javid to give the green light before Assange can be extradited across the Atlantic.

● ● ●

the Swedish prosecutors now have a very thorny task:

" It is time, but it is extra important to ensure that an investigation is realistically feasible. The closer the prescription you get, the more of the sanctions in relation worn off.

" the Prosecutor has an absolute obligation to be objective. In order to prosecute you have to make a prediction: it would go to get a conviction? An important component is the enormously long period of time.

" And you must be satisfied that it is in plaintiff's interest to open the investigation. It is very important.

to her client that the Swedish judicial process should be the goal. How to write Massi Fritz to DN:

”It has been a very long and extremely painful process for my client. To go to the police and tell them about a sexual assault is a decision that is only taken if the victim has confidence in the judicial system and a belief that justice will be done no matter who the suspect is. My client gave the Swedish judicial system, the confidence for soon nine years ago, and it's time that the Swedish prosecutors shows that the decision my client took then was the right decision.”

”We expect the prosecutor to take a decision which clearly shows that in Sweden, everyone is equal before the law and that the Swedish judicial system does not let themselves be influenced by possibly the biggest media and political pressure. We expect that my client be given the opportunity to get redress.”

the Swedish and the british side would be able to make some kind of agreement to reconcile the investigations in both countries, given how they came to hang together, for example, that Assange may deduct the time he spent in a british prison at the Swedish judgment.

– But if the Uk fully requires that he should sit in time out, and then runs the time quickly out of Sweden, " says Sven-Erik Alhem.

– It would feel strange if one would carry out the whole investigation while Assange sits in a british prison.

On the other hand, notes Alhem, has tours of the high-profile case has been strange more than once during the almost nine years it lasted and not only involved three åklagande countries and a skyddsmakt, Ecuador, but also had points of contact with Russia, the u.s. presidential election, and the particular american Muellerutredningen.

" It is the strangest case I ever encountered.

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