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Thursday 3 November 2011
Karen Todner: Any appeal will stand or fall on a technicality – probably fall
Yesterday's ruling in the case of Mr Assange vs Sweden is not particularly surprising. It is, after all, very difficult to defeat a European arrest warrant. The case has never been a human rights argument. Instead it has revolved around the interpretation of the extradition statutes. If you're going to win, picking up on a technicality within the arrest warrant itself is the best way to do it. That is what Mr Assange's legal team have been trying to do.
Mr Assange has 14 days to apply for an appeal but only on a point of law of public importance. His lawyers have to go to the High Court first, which normally says no, then to the Supreme Court. If the court says there's no certifiable point of law then that's the end. If they say yes, he will likely have a hearing some time around April or March next year. I really don't think Mr Assange has any possibility of success at the European Court, which usually will only halt an extradition if there is a threat of torture.
It's worth remembering that, if Mr Assange goes to Sweden and they then receive an extradition request from the US, Sweden has to go back to the British Home Secretary to ask for her permission to extradite him to America.
Karen Todner is managing director of Kaim Todner solicitors
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