Monday 7 February 2011

First They Came...

First they came for a grandmother,
and some didn't speak out because they read the Guardian / BBC.

Then they came for the students,
and some didn't speak out because they read the Guardian / BBC.

Then they came for the football fans,
and some didn't speak out because they read the Guardian / BBC.

Then they came for the business men,
and some didn't speak out because they read the Guardian / BBC.

Then they came for the holiday makers,
and some didn't speak out because they read the Guardian / BBC.

Then they came for the Guardian /BBC reader,
and it's whoops perhaps this European Arrest Warrant is not such a good thing after all (my emphasis):

One of the arguments Mr Assange's lawyers will raise concerns what is known as "double" or "dual criminality". This principle ensures that no one is extradited unless the allegations against them from the requesting state, amount to a criminal offence in English law.

His lawyers will argue that the first three allegations which cover unlawful coercion and sexual molestation do not constitute an offence under English law.

The equivalent offence would be sexual assault, which requires a lack of consent. It will be argued that the arrest warrant doesn't allege a lack of consent.

Double criminality, however, doesn't apply in the case of the fourth allegation, rape.

This is one of the list of offences under the European Arrest Warrant framework where the extraditing country has simply to tick a box.

Mr Assange's lawyers will seek to argue double criminality here by reference to European law, but it may prove a difficult argument to win.

Hardly a surprise - the EAW means that UK magistrates no longer consider prima facie evidence for extradition.

1 comment:

  1. My impression of Sweden has dropped significantly since they have declared war against Mr Assange. Sweden plays on its once (what appeared to be) admirable civilised country. Now, it appears it was all a sham and they are just as corrupt and intolerant as the rest of Europe.

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