Decision on the detention of Julian Assange
Today the Court of Appeal issued a decision in the case regarding the detention of Julian Assange. The Court of Appeal refuses his claim to have the detention set aside.
The Court of Appeal considers, like the City Court, that Julian Assange is suspected on probable cause of crimes including rape (less serious crime) and that there is a great risk that he will evade legal proceedings or punishment.
In the view of the Court of Appeal there is no reason to set aside the detention solely because Julian Assange is in an embassy and the detention order cannot be enforced at present for that reason.
When it comes to the reasons for and against detention, i.e. the assessment of proportionality that is always made when use is made of a coercive measure such as detention, the Court of Appeal considers that Julian Assange’s stay at the embassy shall not count in his favour since he can himself choose to bring his stay there to an end.
The Court of Appeal notes, however, that the investigation into the suspected crimes has come to a halt and considers that the failure of the prosecutors to examine alternative avenues is not in line with their obligation – in the interests of everyone concerned – to move the preliminary investigation forward.
However, in the view of the Court of Appeal the reasons for detention still outweigh the reasons to the contrary since Julian Assange is suspected of crimes of a relatively serious nature and there is a great risk that he will evade legal proceedings or punishment if the detention order is set aside.
Order Ö 8290-14