tisdag, mars 20, 2012

The extradition of Assange and the rule of speciality

I wrote a post in December 2010 on the question whether Sweden could extradite or deport Assange to the USA for illegal espionage or similar crimes after the UK has extradited him to Sweden for a criminal investigation on rape. My answer at that time was that unless the UK issues a new decision specifically on espionage he cannot be extradited/deported to the USA pursuant to the principle of speciality (section 12(1) of the Extradition for Criminal Cases Act).

I have found some additional support for this in legal doctrine. Cameron and et. al write the following in their book "International Criminal Law from a Swedish Perspective", Intersentia, 2011, p. 191:
It can be noted here, in connection with the EAW proceedings in 2010 concerning "Wikileaks" founder Julian Assange, that the principle of speciality means that Assange cannot be extradited or deported from Sweden, unless the UK grants its permission for this.
I imagine that when the UK House of Lords in the near future delievers its decision on the matter, journalists will seek information on the Swedish law in this regard. I would recommend that you contact the authors of the abovementioned book.
kl.

7 kommentarer:

  1. Random9:47 fm

    Would this also apply to the supplementary treaty --
    http://internationalextraditionblog.files.wordpress.com/2010/12/us-sweden-extradition-supplementary-treaty-35-ust-2501.pdf--
    as discussed here?
    http://juristensfunderingar.blogspot.se/2011/12/kan-assange-utlamnas-till-usa.html

    SvaraRadera
  2. Mark Klamberg7:43 em

    Random,
    This treaty deals with the releationship between Sweden and the US and does not specifically regulate cases when the person has been surrendedered to Sweden from an other state, in this case the UK. Bilateral agreements on extradition are nothing strange, it is quite normal.

    The answer in such cases must be sought in international customary law, and when applicable, treaties or other agreements such as the EAW. Both customary international law and the EAW (article 28(2)) provide for the principle of speciality.

    SvaraRadera
  3. Random11:37 fm

    Thanks for the answer. Just to make sure I understand (I'm a moron when it comes to legal issues): it is sometimes claimed that the treaty between Sweden and the US could be used to send Assange to the US, if such a demand were to be made, without asking the UK. Is your point that this claim is false, i.e. that it would be impossible to use this treaty or any other agreement with the US instead of using the one that requires British consent?

    SvaraRadera
  4. Mark Klamberg8:20 em

    Random,
    That is correct. If the House of Lords accepts the EAW and Assange is extradited to Sweden for rape charges an additional decision must be taken by UK authorities/courts if he is to be extradited to the U.S. on charges for espionage or similar crimes.

    SvaraRadera
  5. Anonym1:56 em

    and u really think the UK would deny an US extradition request if Sweden decides to hand him over?

    SvaraRadera
  6. Mark Klamberg2:07 em

    No, I dont think the UK would deny such a request if the request meets the requirements of UK law.

    But I dont understand the conspiracy theory that the CIA would go to such an effort to get Assange via Sweden when they can turn directly to the UK with such a request and fly him directly from the UK to the US.

    SvaraRadera
  7. Anonym3:30 em

    Swedish public opinion may be more prepared to accept an extradition request from the US than UK public opinion? Swedish media, almost without exeption, has demonised the man recently is my impression.

    SvaraRadera