WikiLeaks, Allegations & EU Law

As a prelude to this post I must disclose that I am a neutral party. I do not favour Mr Assange as 'a messiah' for his WikiLeaks publications, in fact I disagree with his views that all of what is said by government (however irrelevant) behind closed doors, needs to be transparent. How can we as UK Citizens and Members of the EU really have purport to have 'free speech' per say when we are encumbered with restrictions on what can be said, on Radio, TV, in person and with what is published in the Media. Whilst I agree that this is in the protection of reputations, all we have is 'constrained free speech'.

Pictured: Julian Assange - More Leaks than a Plumber could fix - Courtesy: Gaurdian.co.uk

Not only has Mr Assange's activities brought into question the issue of "Free Speech" (notably a right not clearly formalised within the UK Constitution) but it has also called the functioning of the EU's Law Enforcement Procedures into doubt.

We are all aware of the ongoing saga surrounding the WikiLeaks founder Mr. Julian Assange. Currently being held at Wandsworth Prison, Mr. Assange is facing extradition to Sweden as a result of the European Arrest Warrant (EAW) issued against him. A tool of the Judiciary the EAW introduced in 2004 allows EU Member States to enforce their national laws. If an individual is charged with an offence or is serving a Prison sentence in a Member State and flees the country, the State's Courts can issue an EAW. This calls for the arrest of the individual in question within the EU member states, so that the person in question can return either to face the charge, being put on trial or returning to complete the remainder of a prison sentence.

Mr Assange has yet to be formally charged with rape, it remains as an allegation. So this clear misuse of the EAW has meant Mr Assange is being held in detention (for an unclear amount of time) without charge. Mark Stephens, the lawyer acting for Mr Assange has outlined that up til now that his client has complied Swedish authorities in this rape claim allegation, but yet no charge was ever brought forward. Guilty before being proven innocent?.

Is this simply a manhunt? brought on by the recent WikiLeaks US Diplomatic Cables publications? Or a just and fair EAW, issued as a result of evidence against Mr Assange in the rape claims?

The issuing of the arrest warrant without any clear grounds is clearly a misuse of its purpose. Sweden should have undertaken further investigations into these allegations before issuing the EAW. This suggested alternative would have been a more proportional action, and by implication the actions of Sweden are in breach of the EU principle of proportionality.

The EU should impose stricter regulations on the circumstances with which issuing EAWs can be authorised, with non-complying member states facing punishment. Alternatively as any UKIP supporter would agree the UK could to reconsider its position within the EU, or at the very least raise this as a point of contention .

Undoubtedly pressure from America caused the issuing of the EAW with such haste following the Cables revelations.

But only time will tell.... and maybe another WikiLeaks publication no doubt.

Update

Mr Assange's claim for Bail is being heard at Westminister Magistrates Court with a reported hefty £240,000 for bail. this is before he is case for extradition to Sweden is to be heard. His lawyer Mr. Stephen Hunt has described the 'Dickensian Conditions' Mr Assange has endured at Wandsworth Prison where he has been held.

Pictured: Wandsworth Prison - Maybe Sweden isn't so bad after all? Source: Click me