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This article was nominated for deletion on 3 March 2011 (UTC). The result of the discussion was no consensus.

This article was nominated for deletion on 12 March 2011 (UTC). The result of the discussion was speedy keep - withdrawn.

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Exact charges

In reality Assange was never charged with any sexual offence. He was questioned over allegations (Four I think) none of which he was charged with. The whole debacle was instigated by prosecutor NY who wanted to question Assange again and insisted it should be in Sweden. Ny refused many offers (30 about) to return to Sweden on the basis that Assange would not be extradited on Wikileaks matters. Anyway a Swedish court decided there was no reason to force Assange back to Sweden to continue Ny's investigation. What Ny hoped to discover from Assange is unclear as she already had his statement and many others. All Ny needed to do was charge Assange but there was insufficient evidence to do that. So Ny pussy footed about spreading the allegations to the detriment of all concerned. In many ways this is the story here. Ny the wicked prosecutor but of course Ny had accessories in the UK as well. To top it all off history vindicates Assanges concerns about Wikileaks prosecutions.

EXACT ALLEGATIONS ? Yes there are exact allegations.

At this source:, I saw the charges described as "Mr Assange did not immediately inform the complainants that a condom had split or that he was not wearing a condom". I included this information in the article, but this was reverted by User:AndyTheGrump for the reason "Not the only 'misconduct' alleged". So what are the other misconducts alleged and what are the sources?--Jules.LT (talk) 12:12, 4 July 2011 (UTC)

The source you provide is clearly labelled "WikiLeaks: statement in full", a statement from an involved party, and as such cannot be taken as authoritative. As to the other issues of misconduct, I will have to find the sources, though they were provided in earlier versions of this article. It is possible that some of these alleged issues of misconduct may not necessarily come to trial, but it is simply false to state that they were not 'alleged'. AndyTheGrump (talk) 13:19, 4 July 2011 (UTC)

Just give more details and source them, otherwise the only detailed account is the one fromn the Telegraph. --Jules.LT (talk) 14:40, 4 July 2011 (UTC)

The extend to which we go into detail about the allegations has already been debated extensively (see above, and in the archives). The Telegraph account is totally unsuitable as a source for anything but the opinions of its providers, so if you want the article to go into more detail about the specifics of the allegations, I suggest that you find proper sources, and then explain on this talk page why you think our earlier decision to cut the article back to the reportable facts, rather than speculation and spin, needs revision. AndyTheGrump (talk) 15:57, 4 July 2011 (UTC)

The four allegation are set out in the European arrest warrant (I have repeatedly posted a link to it, don't know whether it is still there or has been removed) and they are also described in more detail in the extradition ruling (read from "There are four allegations as set out in box (e) of the warrant"). The full text of the extradition ruling can be found when you follow the external link at the end of the article. KathaLu (talk) 10:11, 9 July 2011 (UTC)

Also, it might be helpful to remind the editor above that Sweden hasn't really decided what they are going to charge Assange with, and their legal system works differently than the English/British system. -- Avanu (talk) 13:01, 9 July 2011 (UTC)

Good to remind editors of the fact that this case is determined by Swedish law, EU law and UK law - NOT by a combination of US/AUS/UK law, as illustrated by this quote from the excellent report on the extradition appeal hearing by Robert Booth in the Guardian: "Among other things, the judges are being taken on a tour of variation in criminal procedure in the EU and in particular when a charge is firm enough for a warrant to apply; how different states use different authorities to press charges; and language, for example whether suspicion, accused and other terms mean the same thing in different languages in different systems. The complexity of all this is a feature of EU law, it seems: the clash and confusion with member states' different systems when the intent of a single EU system was to simplify. Even the judges seem to be feeling overwhelmed by the range of variation between say Belgium, France and Germany. So it is no surprise that Assange's destiny is becoming no more clear as the case winds on". See Guardian.KathaLu (talk) 12:03, 16 July 2011 (UTC)

The allegations are detailed in article (sourced in the page) as:

The two go out for dinner, return to the apartment and have sex during which a condom breaks. She would later tell police that Assange used his body weight to hold her down during sex and that she was a victim of "unlawful coercion."

and

Miss W later tells police that Assange that morning had unprotected sex with her while she was still asleep.

Is that sourced enough to be in the article? --Jules.LT (talk) 15:14, 27 July 2011 (UTC) I believe the police report is this one. Is something like this usable as reference? Key paragraphs:

They sat on the bed and talked, and he took off her clothes again. They had sex again and she suddenly discovered that he had placed the condom only over the head of his penis; but she let it be. They dozed off and she awoke and felt him penetrating her. She immediately asked, “Are you wearing anything?”, to which he replied, “You”. She said to him: “You better don’t have HIV”, and he replied, “Of course not”. “She felt that it was too late. He was already inside her and she let him continue. She didn’t have the energy to tell him one more time. She had gone on and on about condoms all night long. She has never had unprotected sex before. He said he wanted to come inside her; he did not say when he did, but he did it. A lot ran out of her afterward.

...

After a moment, Assange asked Anna what she was doing and why she was squeezing her legs together. Anna then told him that she wanted him to wear a condom before he came in her. At that, Assange released Anna’s arms and put on a condom that Anna fetched for him. Anna sensed a strong unspoken reluctance by Assange to use a condom, as a result of which she had a feeling that he had not put on the condom that he had been given. She therefore reached down her hand to Assange's penis in order to ensure that he had really put on the condom. She felt that the rim of the condom was where it should be, at the base of Assange's penis. Anna and Assange resumed having sex and Anna says that she thought that she “just wanted to get it over with”.

After a short while, Anna notes that Assange withdraws from her and begins to adjust the condom. Judging from the sound, according to Anna, it seemed that Assange removed the condom. He entered her again and continued the copulation. Anna once again handled his penis and, as before, felt the rim of the condom at the base of the penis; she therefore let him continue.

Shortly thereafter, Assange ejaculated inside her and then withdrew. When Assange removed the condom from his penis, Anna saw that it did not contain any semen. When Anna began to move her body she noticed that something “ran” out of her vagina. Anna understood rather quickly that it must be Assange's semen. She pointed this out to Assange, but he denied it and replied that it was only her own wetness. Anna is convinced that when he withdrew from her the first time, Assange deliberately broke the condom at its tip and then continued copulating to ejaculation. To my question Anna replies she did not look closely at the condom in order to see if it was broken in the way that she suspected; but she believes that she still has the condom at home and will check to see. She also states that the bed sheets used on this occasion are still lying unwashed in her hamper.

Surely, the greatest crime in Sweden's history. Jhs 3345 (talk) 16:07, 24 July 2012 (UTC) The allegations are (http://www.judiciary.gov.uk/Resources/JCO/Documents/Judgments/assange-judgment.pdf pages 2-3):

• Unlawful coercion "Assange, by using violence, forced the injured party to endure his restricting her freedom of movement. The violence consisted in a firm hold of the injured party's arms and a forceful spreading of her legs whilst lying on top of her and with his body weight preventing her from moving or shifting."
• Sexual molestation "Assange deliberately molested the injured party by acting in a manner designed to violate her sexual integrity. Assange, who was aware that it was the expressed wish of the injured party and a prerequisite of sexual intercourse that a condom be used, consummated unprotected sexual intercourse with her without her knowledge."
• Sexual molestation "Assange deliberately molested the injured party by acting in a manner designed to violate her sexual integrity i.e. lying next to her and pressing his naked, erect penis to her body."
• Rape "Assange deliberately consummated sexual intercourse with her by improperly exploiting that she, due to sleep, was in a helpless state. It is an aggravating circumstance that Assange, who was aware that it was the expressed wish of the injured party and a prerequisite of sexual intercourse that a condom be used, still consummated unprotected sexual intercourse with her. The sexual act was designed to violate the injured party's sexual integrity."

83.254.161.146 (talk) 16:22, 28 November 2012 (UTC)

Actual claims

The actual claims of "misconduct", brought by these women, need to be in the article. I see that someone above attempted to do just this, and more, but was reverted and perhaps gave up. It is an eyesore for the article to not have this information in it. Hopefully someone with more time than I have can rectify this. Willyfreddy (talk) 16:32, 26 September 2011 (UTC)

Seriously, wtf? I'm going to root around in the article history for something to be restored. causa sui (talk) 22:29, 31 October 2011 (UTC)

A useful source: causa sui (talk) 22:41, 31 October 2011 (UTC)

You got it quite wrong, of course: the actual claims in THIS case, heard in the UK, where Assange lost his appeal on four counts today, are about the issue of warrant by the Swedish authority, double criminality, proportionality and whether the alleged conduct is an offense. KathaLu (talk) 10:09, 2 November 2011 (UTC)

.....

20/03/2020: An interview with Nis Melzer, UN Special Rapporteur on Torture, on the 31st Jan. 2020 published here should be included. This is a legitimate source. He was asked by Assange's lawyers to investigate. The details given in that interview are enlightening to say the least (and also provides some evidence within the limited remit of the article). It has ramifications for the entire affair and elements need to be incorporated into the main text here and on the main page 'Julian Assange'. — Preceding unsigned comment added by 77.134.50.144 (talk) 23:29, 19 March 2020 (UTC)

Article Title

I believe the article title "Swedish Judicial Authority v Julian Assange" does not satisfy naming conventions and can be improved to something like "Julian Assange Court Case 2011" or something similar. --Farzaneh (talk) 17:38, 28 September 2011 (UTC)

The article name has been discussed previously (see archives). AS far as I'm aware the 'X v Y' convention is usual for articles of this type. AndyTheGrump (talk) 17:42, 28 September 2011 (UTC)

Was the fact that the distinction between a "Judicial" authority and a "Prosecution Authority" is the very point of the UK Supreme Court case raised? Why would this article use the name "Swedish Judicial Authority" when the party to the case (as reflected in the name of the case) is the "Swedish Prosecution Authority" - this matters a lot. — Preceding unsigned comment added by 124.170.22.14 (talk) 00:13, 1 February 2012 (UTC)

Supreme Court judges sitting

Where does the list of the seven judges come from? Only four judges are cited here. Apokrif (talk) 21:04, 2 February 2012 (UTC)

The SC website here. ISTB351 (talk) 21:49, 2 February 2012 (UTC)

Names of victims

OK Lets try again. Sofia Wilen engaged a lawyer Ms Massi Fritz and had the "investigation" opened again in 2019 well after there was any reasonable chance to get Assange prosecuted and even less chance of him being convicted. The original prosecutor dropped the investigation in 2010 having reviewed the police investigation and determined there was no crime at all. This decision proved to be the correct one as despite the "investigation" being reopened 3 or 4 times no charges were ever laid. There was no rape and therefore no rape victims. In any case all names have been in the public domain since 2010. There has been an attempt to claim Wilen was never identified.Cite error: A <ref> tag is missing the closing </ref> (see the help page)." Burrobert (talk) 03:56, 12 June 2019 (UTC)

References

1. https://www.republik.ch/2020/01/31/nils-melzer-about-wikileaks-founder-julian-assange
2. http://www.nnn.se/nordic/assange/docs/protocol.pdf

Prosecutor Ny's abuse of process// extradition warrant.

"the Swedish authorities have never explained why they refuse to give Assange a guarantee that they will not extradite him" (a red herring that the Assange camp continues to spread, explained numerous times)

Sources: explained numerous

One reference is a Nordic Page and the other is the Guardian.

"This week, Amnesty International called on Sweden to provide a guarantee that if Assange travelled there to answer questions over the sex-crime allegations, he would not be sent on to the US for charges connected to WikiLeaks' publication of thousands of US diplomatic and military cables"

There was a blase response from Sweden

"A spokeswoman for the Swedish foreign ministry said the country's legislation did not allow any judicial decision like extradition to be predetermined."

Sweden's response would appear to be absolute nonsense. Immunities from prosecution are routinely handed out to all sorts of criminals in exchange for example information or testimony. In Assange's case despite already having Assange's statement, prosecutor Ny unreasonably issued an extradition process to drag Assange back to "Sweden" for "questioning". (Eventually a Swedish court ruled Assange's presence in Sweden was unnecessary for Ny's investigation)

Ny's unwarranted actions further fueled Assange's well documented and subsequently justified fears that he was being persecuted. Sweden has done nothing to dispel the allegation that Ny conspired to have Assange extradited to face the rage of the United States for publishing evidence leaked largely by it own appalled citizens.

Prosecutor Ny is at the center of the extradition process. That an English court upheld Ny's warrant to extradite Assange when his presence in Sweden was unnecessary for Ny's investigation brings the English Courts into disrepute. Its a basic legal principle that a court can not order an unnecessary act

Lets look at a hypothetical situation.

The English Crown Prosecution Service resists Ny's warrant because it clearly unnecessary to have Assange present in Sweden to further Ny's investigation.

Does this cause a diplomatic incident? No It is the just application of law.

Does this prevent Ny from investigating Assange. No. In fact it expedites Ny's investigation by removing an unnecessary process.

Does this prevent Ny from charging Assange? No Nye already has Assange's police statement and many others and can charge him in absentia.

Does this prevent the United States from extraditing Assange. No. The USA has an extradition treaty with the UK and is using it.

Does this allow Assange freedom and procedural justice? Yes. Assange can conduct his business and defend himself against persecution.

Does this cost the UK taxpayers millions of dollars? No. It is unlikely this course of action would cost much at all.

Does this deny alleged victims justice. No. Assange can be criminally charged or civil action taken against him.

Is anyone in any way hindered. Not significantly. Assange may still need to attend court. Ny has her nose put out of joint.

Is this a proper course of action for English Crown prosecutors. Yes. Prosecutors are officers of the court that are bound to assist the court act judicially. Court Officers are liable for the consequences of errors in law.

I just cannot see a valid reason for Ny issuing a warrant to extradite Assange who had already made his statement. Assange had a Swedish lawyer and would not be making further admissions. Short of torture or some sort of hypnotism to extract a confession what could be gained. I suppose there was the possibility of trying on some sort of honey trap operation to ensnare Assange or laying bogus charges of some sort as police forces often do. Then again I guess Ny may just have wanted to meet the famous Julian Assange. Maybe Ny thought she could seduce Assange or something similar. Whatever her reasons, it was a crazy thing for Ny to do resulting in a very disturbing and successful abuse of process.

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