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Frodo

join:2006-05-05

reply to Ian

Re: Assange makes 1st public appearance in 2 months

said by Ian:

Actually it sounds like Julian Assange has a problem with facing Swedish authorities on his rape charges.

If that's the problem, then Assange is out of luck. According to Ecuador's president, Ecuador agrees that Assange should answer to the Swedish allegations. All they want is guarantees that if Assange is extradited to Sweden, that there won't be a subsequent extradition to a 3rd country.

So, if one supports having the Swedish allegations resolved, then one would have to support the guarantees.

Ecuador has called the Swedish and British bluff. There is absolutely no reason to not issue the guarantees if the Swedish allegations are the true reason for extraditing Assange to Sweden. Once the Swedish allegations are resolved, and if applicable, Assange has served his sentence, then he could be returned to the Ecuadorian embassy. At least that way one of the issues would be resolved as opposed to zero issues resolved.

And as far as the alleged Swedish crime victims are concerned, they don't need to have their justice coupled to a Wikileaks case in the US. That's not fair to them. The guarantees need to be issued and the Swedish case needs to be decoupled with any other prosecution in a 3rd country.


Ian
Premium
join:2002-06-18
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said by Frodo:

All they want is guarantees that if Assange is extradited to Sweden, that there won't be a subsequent extradition to a 3rd country.

So, if one supports having the Swedish allegations resolved, then one would have to support the guarantees.

No, you're still missing the point. It would be extraordinary (I'm no lawyer, but possibly even unprecedented) for any nation to promise not to extradite somebody about hypothetical charges made by some other hypothetical nation. That's just not how it works.
--
“Any claim that the root of a problem is simple should be treated the same as a claim that the root of a problem is Bigfoot. Simplicity and Bigfoot are found in the real world with about the same frequency.” – David Wong

Frodo

join:2006-05-05

said by Ian:

No, you're still missing the point. It would be extraordinary (I'm no lawyer, but possibly even unprecedented) for any nation to promise not to extradite somebody about hypothetical charges made by some other hypothetical nation. That's just not how it works.

I'm no lawyer either. But if it didn't work this way, take the following scenario. Saudi Arabia charges me with murder, and they have an extradition treaty with the US. I'm delivered to Saudi Arabia, whereupon the murder charge is dropped and I'm off to Yemen on a blasphemy charge.

Something has to prevent scenarios like that or extradition treaties would be a joke. But, to be sure, I am interested in reading a legal analysis on Ecuador's proposal. But, my inkling is that Ecuador is within its rights.


Ian
Premium
join:2002-06-18
ON
kudos:1
Reviews:
·Rogers Hi-Speed

said by Frodo:

I'm no lawyer either. But if it didn't work this way, take the following scenario. Saudi Arabia charges me with murder, and they have an extradition treaty with the US. I'm delivered to Saudi Arabia, whereupon the murder charge is dropped and I'm off to Yemen on a blasphemy charge.

So you foresee your government backing you up and only agreeing to extradite you on murder charges to a foreign country that they have an extradition treaty with, if, and only if, that country promises to NEVER extradite you elsewhere, regardless of whatever those hypothetical charges might be?

Hope you're never in that situation, because I assure you, you'll be disappointed. Because, again, that's simply not how these things work.
--
“Any claim that the root of a problem is simple should be treated the same as a claim that the root of a problem is Bigfoot. Simplicity and Bigfoot are found in the real world with about the same frequency.” – David Wong

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