The missing step

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.

Assange’s initial appeal up to the UK Supreme Court was in large part based on the fact that the warrant did not come from a judge but from a prosecutor, and that was not a judicial authority. I have no doubt that, if any other person in the UK had been the accused, the British courts would not have accepted the warrant from a prosecutor. The incredible and open bias of the courts against Assange has been evident since day 1. My contention is borne out by the fact that, immediately after Assange lost his case against the warrant in the Supreme Court, the British government changed the law to specify that future warrants must be from a judge and not a prosecutor. That is just one of the incredible facts about the Assange case that the mainstream media has hidden from the general public.

The judgment 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.

I am not making this up—you will find Phillips amazing bit of linguistic gymnastics here on page 9 para 21 of his judgement. Again, it is impossible that this would have been done to anybody but Julian Assange; and had it been the outcry from the MSM against the preference given to French wording and thus French legal tradition would have been deafening. But given the state’s unhidden animus against Assange, it all was passed quietly with the law simply amended immediately thereafter to stop it happening to anybody else.

The law having been changed, this time the Swedes have to do it properly and actually go to a court to issue a warrant. That is what is now happening. As usual, the Guardian today cannot resist the temptation to tell an outright lie about what is happening.

Craig Murray is an author, broadcaster and human rights activist. He was British Ambassador to Uzbekistan from August 2002 to October 2004 and Rector of the University of Dundee from 2007 to 2010.

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