Swedish Prosecutors Defend Handling of Case (Assange Suggests Pentagon Possibility)

[Hissyspit]

Source: New York Times

Swedish Prosecutors Defend Handling of Case
By JOHN F. BURNS and ERIC SCHMITT
Published: August 22, 2010

LONDON — Julian Assange, the founder of the WikiLeaks Web site who is embroiled in a fight with the Pentagon over the disclosure of secret military documents, was caught up in a new drama on Saturday when Swedish prosecutors sought him for questioning on allegations of rape and molestation — and then announced the rape allegation was unfounded.

Swedish prosecutors on Sunday defended their handling of the case, saying that they had made no mistakes in issuing an arrest warrant and withdrawing it less than 24 hours later, The Associated Press reported. Karin Rosander, a spokeswoman for the Swedish Prosecution Authority, told The A.P. there was “absolutely nothing” that suggested that any errors had been made by prosecutors. An “on-call” prosecutor issued the warrant late Friday, and a higher-ranked prosecutor revoked it the next day. “The prosecutor who took over the case yesterday had more information,” Ms. Rosander said. She declined to specify what the new material was.

- snip -

In an interview published Sunday in the Swedish newspaper Aftonbladet, Mr. Assange said, “I do not know what lies behind this. But we have been warned that, for example, the Pentagon is thinking of using dirty tricks to undermine us. And I have also been warned of sexual entrapment.”

The bizarre episode left more questions than answers, and it raised doubts about Mr. Assange’s apparent strategy to make Sweden a new permanent home for himself and WikiLeaks because of the country’s strong press freedom laws that he hoped would offer protection against legal actions.

Read more: http://www.nytimes.com/2010/08/23/world/europe/23wikileaks.html?_r=1

[sabrina 1]

1. Well, they do deserve credit for withdrawing the warrant.

If this had happened here, he would still be wanted, regardless of exculpatory evidence.

But they are obligated to explain the 'new information' that caused them to withdraw the warrant. He was wrongfully smeared and the whole story needs to be told.

As for the molestation charge, a DUer explained in another thread on this, that there is no such 'crime' in Swedish law. Molestation law in Sweden applies only to minors and would not be relevant to a 30 year old woman, he explained.

[snot]

2. Then why hasn't the molestation charge also been dropped?

[sabrina 1]

6. As far as I know, from the information given in news reports

a molestation charge covers a wide range of offenses under Swedish Law and generally carries a fine and/or up to a year in jail. Since the offense they are investigating hasn't been revealed, we don't know what it is. One of the women has said the CIA is not involved and has said that Julian Assange is a man who doesn't know 'how to take no for an answer'. She has not been identified yet but if this is true, that she has made that statement, then the prosecutor is going to want to talk to her. If the charges turn out to be false, the woman herself could be charged under Swedish law I believe.

Of course even if she was hired by the CIA she would hardly say so, so at this point it looks like since the orginal rape charge has been dropped, it's likely this one will too but after the prosecutor has time to review it.

[reorg]

4. I think I found the paragraph

The version of the penal code I had cited only includes amendments until 1999:

http://www.sweden.gov.se/content/1/c6/02/77/77/cb79a8a3.pdf

Apparently, there have been additional amendments (perhaps for the worse) since, and this is the relevant part of the new section on "Sexuellt ofredande" (sexual assault or "molestation") added in 2005:

"Detsamma gäller den som blottar sig för någon annan på ett sätt som är ägnat att väcka obehag eller annars genom ord eller handlande ofredar en person på ett sätt som är ägnat att kränka personens sexuella integritet. Lag (2005:90)."

https://lagen.nu/1962:700
http://sv.wikipedia.org/wiki/Sexuellt_ofredande

Google machine translation:
The same (punishment) applies to the person which exposes himself to another in a manner that is likely to cause discomfort or otherwise molesting a person by words or conduct in a manner that is likely to violate the person's sexual integrity. Act (2005:90).

Whereas it is explicitly mentioned in the preceding and following paragraphs that they only apply if the victim is a minor, there is no such restriction in this sentence. Which is pointed out in comments both at Wikipedia and the other linked site. So, apparently it is now possible to be prosecuted for such an offense in Sweden even if the "victim" is an adult.

I'm not sure, though, what "sexual integrity" exactly means ...

[sabrina 1]

7. Thank you I appreciate that. I also read that the charge of

'molestation' can cover many issues and usually results in a fine or a year in jail. So it apparently has a different meaning than it would here.

See my post above. Someone asked why that charge hasn't been dropped. I think it may be because one of the women has supposedly stated that this isn't about the CIA but that Julian Assange is someone who cannot take no for an answer. So, I guess the prosecutor wants to talk to her and decide whether there is any truth to what she says. The prosecutor says she will do so next week.

The problem for Julian now is even if these are false allegations and are dropped, all the CIA has to do is to produce another woman or two somewhere claiming similar charges and even if false, more people are likely to believe them. Even if he's careful from now on and always has witnesses, all they have to do is claim it happened 'years ago' and someone just came forward to support these other women.

I don't know how you can fight this kind of thing ....

[bemildred]

3. WikiLeaks founder says he's been targeted by smear campaign

Stockholm, Sweden (CNN) -- WikiLeaks founder and editor Julian Assange said Swedish authorities reached "the height of irresponsibility" by issuing an arrest warrant alleging rape against him, then revoking it less than a day later.

"It is clearly a smear campaign," Assange told Arabic news network Al-Jazeera in a live telephone interview Sunday. "... The only question is, who was involved?"

---

U.S. Defense Secretary Robert Gates criticized the leak, saying it would have a significant negative impact on troops and allies, revealing techniques and procedures. And Afghan President Hamid Karzai has expressed concern that the leaks will put informants' lives at risk.

Asked Sunday by Al-Jazeera about Karzai's comment that he has blood on his hands, Assange said it was "extraordinary thing to hear, a comment like that, from a man like that, who has waded his whole life in blood." He pointed out that the Pentagon has said it was not aware of anyone coming to harm because of the documents' release.

http://www.cnn.com/2010/WORLD/europe/08/22/sweden.wikileaks.assange/?hpt=T2

[Downwinder]

5. The New York Times and the Pentagon have a history of falsehoods. n/t