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In reply to the discussion: Condom used as evidence in Assange sex case 'does not contain his DNA' [View all]struggle4progress
(126,071 posts)(possibly to Guantanamo Bay or to execution as a traitor). The only live evidence on the point came from the defence witness Mr Alhem who said it couldnt happen. In the absence of any evidence that Mr Assange risks torture or execution Mr Robertson was right not to pursue this point in closing. It may be worth adding that I do not know if Sweden has an extradition treaty with the United States of America. There has been no evidence regarding this. I would expect that there is such a treaty. If Mr Assange is surrendered to Sweden and a request is made to Sweden for his extradition to the United States of America, then article 28 of the framework decision applies. In such an event the consent of the Secretary of State in this country will be required, in accordance with section 58 of the Extradition Act 2003, before Sweden can order Mr Assanges extradition to a third State. The Secretary of State is required to give notice to Mr Assange unless it is impracticable to do so. Mr Assange would have the protection of the courts in Sweden and, as the Secretary of States decision can be reviewed, he would have the protection of the English courts also. But none of this was argued ..."
City of Westminster Magistrates Court (Sitting at Belmarsh Magistrates Court)
The judicial authority in Sweden -v- Julian Paul Assange
Findings of facts and reasons
If Assange had wanted to argue that in court, he was free to do so. He did not -- because the theory is so ridiculous that one of his own specialist witnesses testified against the possibility