The Black Vault

Australian Greens Senator Scott Ludlam will attend the extradition hearing of WikiLeaks editor in chief Julian Assange in London on December 5 and is calling on the Australian Government to ensure Mr Assange is not sent to the United States in the event of his extradition to Sweden.

"I am extremely concerned at the lack of urgency displayed by the Australian Government, and I intend to travel to Europe at my own expense to pursue the matter.

"Today I have lodged a series of parliamentary questions and Freedom of Information requests with the Australian Prime Minister, Attorney General and Foreign Minister, to ascertain the nature of communications between Australia and the United States Government on the issue.

Greens ask for any secret Assange documents

December 03, 2011 10:29:21

PHOTO: Fighting extradition: WikiLeaks founder Julian Assange (Carl Court: AFP, file photo) RELATED STORY: Assange takes extradition appeal to Supreme CourtRELATED STORY: Assange loses appeal against extradition orderRELATED STORY: Robertson wants Australian intervention in Assange case
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The Greens are trying to get hold of any secret Australian Government documents dealing with the possible extradition of WikiLeaks founder Julian Assange.

Mr Assange is fighting an extradition order in the UK that would see him sent to Sweden to face sexual assault charges.

His supporters are concerned he might then be sent to the United States, where he could be prosecuted for publishing confidential documents.

Greens Senator Scott Ludlam is travelling to London for Mr Assange's extradition hearing.

He has lodged a Freedom of Information request for any documents relating to Mr Assange, such as letters, emails, file notes and records of phone conversations.

"It's essentially to try and work out what the Australian Government knows and who it has communicated with in the instance of that onward extradition to the US, whether there is any material documenting discussions with their counter parts in the US and what the Government's thinking is about his extradition to the US," he told Saturday AM.


AUDIO: Greens seek government documents on Assange (AM)
Senator Ludlam says supporters of the WikiLeaks founder are operating in an information vacuum.

"The Australian Government may well be assisting the US government with its extradition process," he said.

"Of course we haven't heard anything from the Prime Minister or the Attorney-General since they both pronounced him a criminal last year [for] having committed illegal acts, which was later completely contradicted by the Federal Police.

"There has been nothing said by the Prime Minister or the Australian Government all year.

"We've had parliamentary questions go in. We are trying the Freedom of Information avenue to try to establish whether the Australian Government plans to stand up for his citizenship rights or not."

Senator Ludlam is hopeful the freedom of information requests will be granted in time.

"Generally there's a bit of back and forth. There's appeal and counter-appeal," he said.

"But eventually I found useful material does fall out of the system.

"I think we need a pro-disclosure culture where we don't have to go to these lengths to make applications, but we'll see what we get."

Correct me if I'm wrong, but wouldn't the USA have a better chance at extraditing him from the UK if we wanted to, rather than trying to extradite him from Sweden? Who gets the legal first right to extradite if 2 countries want the same person? First come, first serve, or can one present a stronger reason than the 2nd, and the UK decide which one would get him. For the record, I do not think the USA has tried to get him back to the USA.

greeney2 wrote:Correct me if I'm wrong, but wouldn't the USA have a better chance at extraditing him from the UK if we wanted to, rather than trying to extradite him from Sweden? Who gets the legal first right to extradite if 2 countries want the same person? First come, first serve, or can one present a stronger reason than the 2nd, and the UK decide which one would get him. For the record, I do not think the USA has tried to get him back to the USA.

No .... it all about treaty's.

the UK might have a treaty that means extradition is easier .... but there are also treaty's that stop things like torture .... ect ect.

Sweden does not have so many OTHER treaty's with the USA.

First, Assange is using the UK legal system to his last step, which is their Supreme Court will be his last possibilty.

Seconly, I have not herd a word that the USA has sought extradition of him, but if we were, it would be a real complicated legal set of loopholes, and could involve military laws. It is not a simple legal matter. Treaty about torture is not relevant whatsoever to Assange. Right now Sweden wants him to answer for to their rape laws, and he is fighting that right now. If the USA is trying to extradite him at the same time, what would the UK laws do in that case? Again, first come, first serve, or the severity of each extradition the prioriety.

Not speaking of Assange, if this was anyone else, Do you know what treaty may restrict extradition to either country. Case in point was Roman Polanski could not be extredited from France, but he stepped into a country where he could. Extredition from the UK could be an issue that began back in the colonial days beteen the USA and UK, I do not know for sure.


By the way, Merry Christmas to all of you down under, where Santa leaves your Christmas presents unside down under the tree, and everything spills out of your stockings, hung from the mantle and are on the floor. Even Santa loves backwards people like you! Not your fault Austrailia is upside down. Just kidding, Merry Christmas Ol' Friend.

greeney2 wrote:First, Assange is using the UK legal system to his last step, which is their Supreme Court will be his last possibilty.

Seconly, I have not herd a word that the USA has sought extradition of him, but if we were, it would be a real complicated legal set of loopholes, and could involve military laws. It is not a simple legal matter. Treaty about torture is not relevant whatsoever to Assange. Right now Sweden wants him to answer for to their rape laws, and he is fighting that right now. If the USA is trying to extradite him at the same time, what would the UK laws do in that case? Again, first come, first serve, or the severity of each extradition the prioriety.

Not speaking of Assange, if this was anyone else, Do you know what treaty may restrict extradition to either country. Case in point was Roman Polanski could not be extredited from France, but he stepped into a country where he could. Extredition from the UK could be an issue that began back in the colonial days beteen the USA and UK, I do not know for sure.

it's not just about the treaty's between the USA an the UK, or the USA an Sweden.

Assange is an Australian.

so it's also about the treaty's between Australia an the UK & Australia an Sweden & also the treaty's between Sweden an the UK. ect ect.


Merry x-mess to you mate. ( not long now )

This is going to be a very unusual case for sure. Conderning the rape investigation, What is in the treaty concerning extraditions? Did he not flee from Sweden, or promise to to return to cooperate with investigations? You may have a treaty saying one thing, but he also was permitted to leave with conditions I'm sure.

greeney2 wrote:This is going to be a very unusual case for sure. Conderning the rape investigation, What is in the treaty concerning extraditions? Did he not flee from Sweden, or promise to to return to cooperate with investigations? You may have a treaty saying one thing, but he also was permitted to leave with conditions I'm sure.

"extraterritorial jurisdiction" "all Swedish laws are extraterritorial. this means
that Swedish citizens can be charged, prosecuted, and convicted under Swedish laws when having committed a crime in another country. if that country has
legislation similar to Swedish laws." (ekberk-sweden-min of industry.)

I think the Uk may be able , under specific circumstances to 'act on behalf ' of Australia concerning extradition issues of mutual interest.
under treaty. hope this helps