> The question is, can Sweden objectively and fairly litigate a rape charge involving Julian Assange?
No that's not the question, because 1) Assange has not been charged with anything and 2) Sweden has been offered the chance to question him in the UK (as they did in a murder case involving a trip to Serbia for questioning), or alternatively question him in Sweden, but guarantee that he will not be extradited to a third country. That they've refused all offers is a clear indication that their primary motive is not quick resolution of this particular case.
> If they can, the UK must honor its extradition treaty. If they can't, the UK shouldn't.
The UK denied an extradition request for the Chilean dictator Pinochet, whose crimes against humanity are a matter of public record. "'If they can' the UK 'must' honor its extradition treaty" is a statement that doesn't seem to say much at all.
Also, considering this situation involves the West's most famous dissident, it is important to consider all actions and irregularities in a more considered light. The issuing of the Interpol notice was highly irregular, Sweden's actions were highly political, and the Supreme Court's final consideration of the legality of the request was found to be wrong by the Cambridge Journal of International and Comparative Law:
The Supreme Court wrongly, and without any analysis, assumed that VCLT Article 31(3)(b) is applicable in the interpretation of secondary European acts such as the Framework Decision. It also neglected to look into the interpretative rules of the EU. The result was a fundamental mistake in the legal reasoning of the Court. [1]
Does a law journal's opinion take legal precedence over the final decision of a Supreme court? Of course not. Does Assange's status as a Western dissident absolve him from any transgressions? Of course not. But the totality of these highly irregular and unusual actions demonstrate a clear pattern of political persecution. The naive political / legal reduction of this case that some undertake just seems like wilful ignorance.
No that's not the question, because 1) Assange has not been charged with anything and 2) Sweden has been offered the chance to question him in the UK (as they did in a murder case involving a trip to Serbia for questioning), or alternatively question him in Sweden, but guarantee that he will not be extradited to a third country. That they've refused all offers is a clear indication that their primary motive is not quick resolution of this particular case.
> If they can, the UK must honor its extradition treaty. If they can't, the UK shouldn't.
The UK denied an extradition request for the Chilean dictator Pinochet, whose crimes against humanity are a matter of public record. "'If they can' the UK 'must' honor its extradition treaty" is a statement that doesn't seem to say much at all.
Also, considering this situation involves the West's most famous dissident, it is important to consider all actions and irregularities in a more considered light. The issuing of the Interpol notice was highly irregular, Sweden's actions were highly political, and the Supreme Court's final consideration of the legality of the request was found to be wrong by the Cambridge Journal of International and Comparative Law:
The Supreme Court wrongly, and without any analysis, assumed that VCLT Article 31(3)(b) is applicable in the interpretation of secondary European acts such as the Framework Decision. It also neglected to look into the interpretative rules of the EU. The result was a fundamental mistake in the legal reasoning of the Court. [1]
Does a law journal's opinion take legal precedence over the final decision of a Supreme court? Of course not. Does Assange's status as a Western dissident absolve him from any transgressions? Of course not. But the totality of these highly irregular and unusual actions demonstrate a clear pattern of political persecution. The naive political / legal reduction of this case that some undertake just seems like wilful ignorance.
[1] http://www.cjicl.org.uk/index.php?option=com_easyblog&vi...