In the Media

Julian Assange: process after Supreme Court grants leave to appeal

PUBLISHED January 31, 2012

The Supreme Court has granted permission to Julian Assange to appeal and a hearing has been scheduled for two days, beginning on 1 February 2012. His current bail arrangements will remain in force. If, after the Supreme Court has heard the case, it dismisses Mr Assange?s appeal, then his only further remedy is to apply immediately to the European Court of Human Rights in Strasbourg, which will respond within 14 days. If it confirms that it does not agree to take the case then that is an end of the matter. If it is prepared to take the case then it will not only confirm this but also has power to issue a direction to Her Majesty?s Government that he should not be surrendered to Sweden whilst the ECHR considers the claim. He could also apply to the High Court in London for an injunction to prevent his extradition to Sweden by the Serious Organised Crime Agency pending the outcome of his application to Strasbourg. If the ECHR takes the case then his current bail conditions would remain in force and he would remain in the UK until the proceedings at the ECHR have concluded. The UK Government is the defendant in the matter and the Foreign and Commonwealth Office legal branch represents the interests of Her Majesty?s Government. The Crown Prosecution Service does not appear and nor do any Swedish authorities. If the ECHR declines to take the case then he will be extradited to Sweden as soon as arrangements can be made.