Julian Assange case

First steps to the US gulag?

Julian Assange's application to reopen extradition case turned down

Supreme court responds to request to reopen case of extradition to Sweden with terse statement declaring it 'without merit

the Guardian,

14 June, 2012

The supreme court has reaffirmed its rejection of Julian Assange's appeal against his extradition to Sweden, turning down an unusual, last-minute request to reopen the case.

In a short statement, issued only two days after Dinah Rose QC submitted a written plea for the case to be reheard, the court declared that her application "is without merit and it is dismissed".

The terse phrasing suggests a degree of judicial disapproval of the extended process and leaves Assange's lawyers with the choice of appealing the decision to the European court of human rights in Strasbourg or agreeing to the extradition requests.

Assange is wanted in connection with accusations of sexual assault and rape in Sweden. He disputes the allegations. He is being sought under a European arrest warrant (EAW).

The supreme court case revolved around the question of whether a prosecutor, in this case in Sweden, constituted a "judicial authority" as the EAW specifies. The supreme court found by a majority of five to two against Assange, saying that the warrant was valid.

In its statement refusing to reopen the case, the supreme court said it had agreed unanimously that extradition proceedings should not begin for another two weeks.

It added: "Had Ms Rose been minded to challenge the applicability of [the Vienna convention on the law of treaties] or the applicability of state practice [on interpreting treaties] … she had the opportunity to do so. She made no such challenge.

"Her submissions were to the effect that caution should be exercised when considering the effect of state practice. For these reasons the court considers that this application is without merit and it is dismissed."