20th May 2019
In Sweden, prosecutors have applied to the Swedish courts to issue a warrant for Julian’s arrest. There is a tremendous back story to that simple statement.
The European Arrest Warrant must be issued from one country to another by a judicial authority. The original Swedish request for Assange’s extradition was not issued by any court, but simply by the prosecutor. This was particularly strange, as the Chief Prosecutor of Stockholm had initially closed the case after deciding there was no case to answer, and then another, highly politically motivated, prosecutor had reopened the case and issued a European Arrest Warrant, without going to any judge for confirmation.
. . .
The judgement against Assange in the UK Supreme Court on the point of whether the Swedish Prosecutor constituted a “judicial authority” hinged on a completely unprecedented and frankly incredible piece of reasoning. Lord Phillips concluded that in the English text of the EWA treaty “judicial authority” could not include the Swedish prosecutor, but that in the French version “autorite judiciaire” could include the Swedish prosecutor. The two texts having equal validity, Lord Phillips decided to prefer the French language text over the English language text, an absolutely stunning decision as the UK negotiators could be presumed to have been working from the English text, as could UK ministers and parliament when they ratified the decision
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