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Julian Assange wins right to appeal extradition in Supreme Court

by Dan Worth

16 Dec 2011

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Julian Assange

WikiLeaks founder Julian Assange has been granted the right to appeal against extradition to Sweden after the UK Supreme Court ruled in his favour.

The court heard his case for the right to appeal in the context of whether his extradition has wider significance for all UK citizens, and agreed that there is an issue to be considered.

The Crown Prosecution Service confirmed the decision in a blog post, noting that the appeal hearing will take place on 1 February over two days, adding that Assange still has the right to appeal to European authorities.

"If, after the Supreme Court has heard the case, it dismisses Assange's appeal, then his only further remedy is to apply immediately to the European Court of Human Rights [ECHR] in Strasbourg, which will respond within 14 days," it said.

"If it confirms that it does not agree to take the case then that is an end of the matter. If it is prepared to take the case it will not only confirm this but issue a direction to Her Majesty's government that he should not be surrendered to Sweden whilst the ECHR considers the claim."

Assange will remain under house arrest until the case in the Supreme Court is heard.

Helen Kennedy, a barrister consulting with Assange's legal team, told V3 in early December that the case raises serious legal questions as it suggests that state prosecutors can demand the extradition of citizens from other nations without judicial scrutiny.

"There has to be a judicial authority, acting independently of the state, that's able to contain any inappropriate uses of power by nation states," she said.

"Otherwise prosecutors in any nation, acting on behalf of the state, would be able to order extraditions without independent approval."

Assange has been under house arrest in the UK since December 2010 when he was arrested for alleged sex crimes in what many saw as a politically motivated case after the release of thousands of sensitive government cables by WikiLeaks.

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