The Forum > Article Comments > Jurisprudence and Julian Assange > Comments
Jurisprudence and Julian Assange : Comments
By Max Atkinson, published 15/5/2012The sole issue is whether a Swedish prosecutor can issue an arrest warrant under the Extradition Act.
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Secondly, Treaty Law is a matter of findings of fact. The primary fact in this case is whether Assange's rights will be impinged by the system of jurisprudence as it applies in Sweden- unless something has drastically changed there in the last five years it will not. We may not call what he is alleged to have done rape but they do- it is representative of the broader issue at stake which is the differences between the two systems involved.
As an officer of the Swedish Judicial system, the prosecutor can lodge arrest warrants without recourse to judicial oversight. Similarly, Swedish Judges can issue their own arrest warrants without being prodded by the police or prosecutors. That's how they practice law. Again, we do it differently but it does not automatically follow that Assange is going to be denied justice because of the differences in these practices.
In this case, the judges need decide nothing more than if Assange will find justice in a Swedish court. Who issued the warrant is immaterial to this central fact.