Regeringen har kommit med ett intressant yttrande:
Sverige anser därför, precis som en av medlemmarna i UN WGAD, att UN WGAD inte har vare sig kompetens eller mandat att yttra sig i fall som detta. Det kan mycket väl komma en pudel från UN WGAD eller högre upp om Sverige/Storbritannien får gehör för denna ståndpunkt.
Mer information från regeringen finns här.
Citat:
3. To begin with, the Government notes that one of the five members of the Working Group has expressed an individual dissenting opinion, arguing that Mr. Assange fled the bail in June 2012 and since then stays at the premises of the Ecuadorian Embassy using them as a safe haven to evade arrest. According to the dissent, such premises of self-confinement cannot be considered as places of detention for the purposes of the mandate of the Working Group. In addition, it is contended that the Working Group is not competent to consider situations that do not involve deprivation of liberty and that issues related to fugitives’ self-confimement, such as asylum and extradition, do not fall into the mandate of the Working Group (see, for instance, E/CN.4/1999/63, para. 67).
4. The Government does not agree with the assessment made by the majority of the Working Group. As elaborated in the Swedish Government’s communication to the Working Group, the main reasons for this are the following.
5. In light of the safeguards contained in the Swedish extradition and EAW procedures against any potential extradition in violation of international human rights agreements, the Government reiterates its position that Mr. Assange does not face a risk of refoulement contrary to international human rights obligations to the United States from Sweden (see paras. 8–10 of the Government’s observations). In any case, no request for extradition regarding Mr. Assange has been directed to Sweden. Moreover, Mr. Assange has chosen, voluntarily, to stay at the Ecuadorian Embassy and Swedish authorities have no control over his decision to stay there. Mr. Assange is free to leave the Embassy at any point. Thus, he is not being deprived of his liberty there due to any decision or action taken by the Swedish authorities. The Government therefore refutes the opinion by the Working Group that Sweden has violated articles 9 and 10 of the Universal Declaration of Human Rights and articles 7, 9(1), 9(3), 9(4), 10 and 14 of the International Covenant on Civil and Political Rights.
6. Furthermore, in Sweden any decision regarding the preliminary investigation, for example regarding detention in absentia, is taken by independent judicial authorities. The Swedish Government may therefore not interfere in an ongoing case handled by a Swedish public authority. This follows from the Swedish Instrument of Government and basic principles of the rule of law. The Swedish Office of the Prosecutor and the courts are thus independent and separated from the Government.
7. As to the request by the Working Group that the Government of Sweden and the Government of the United Kingdom assess the situation of Mr. Assange (para. 100 of the opinion), it should be emphasised that regular contacts between the two countries take place, primarily in order to facilitate the preliminary investigation by the Swedish Office of the Prosecutor. It should also be pointed out that an agreement on mutual legal assistance in criminal matters between Ecuador and Sweden entered into force on 22 December 2015.
4. The Government does not agree with the assessment made by the majority of the Working Group. As elaborated in the Swedish Government’s communication to the Working Group, the main reasons for this are the following.
5. In light of the safeguards contained in the Swedish extradition and EAW procedures against any potential extradition in violation of international human rights agreements, the Government reiterates its position that Mr. Assange does not face a risk of refoulement contrary to international human rights obligations to the United States from Sweden (see paras. 8–10 of the Government’s observations). In any case, no request for extradition regarding Mr. Assange has been directed to Sweden. Moreover, Mr. Assange has chosen, voluntarily, to stay at the Ecuadorian Embassy and Swedish authorities have no control over his decision to stay there. Mr. Assange is free to leave the Embassy at any point. Thus, he is not being deprived of his liberty there due to any decision or action taken by the Swedish authorities. The Government therefore refutes the opinion by the Working Group that Sweden has violated articles 9 and 10 of the Universal Declaration of Human Rights and articles 7, 9(1), 9(3), 9(4), 10 and 14 of the International Covenant on Civil and Political Rights.
6. Furthermore, in Sweden any decision regarding the preliminary investigation, for example regarding detention in absentia, is taken by independent judicial authorities. The Swedish Government may therefore not interfere in an ongoing case handled by a Swedish public authority. This follows from the Swedish Instrument of Government and basic principles of the rule of law. The Swedish Office of the Prosecutor and the courts are thus independent and separated from the Government.
7. As to the request by the Working Group that the Government of Sweden and the Government of the United Kingdom assess the situation of Mr. Assange (para. 100 of the opinion), it should be emphasised that regular contacts between the two countries take place, primarily in order to facilitate the preliminary investigation by the Swedish Office of the Prosecutor. It should also be pointed out that an agreement on mutual legal assistance in criminal matters between Ecuador and Sweden entered into force on 22 December 2015.
Sverige anser därför, precis som en av medlemmarna i UN WGAD, att UN WGAD inte har vare sig kompetens eller mandat att yttra sig i fall som detta. Det kan mycket väl komma en pudel från UN WGAD eller högre upp om Sverige/Storbritannien får gehör för denna ståndpunkt.
Mer information från regeringen finns här.
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Senast redigerad av Anonymare 2016-02-05 kl. 16:02.
Senast redigerad av Anonymare 2016-02-05 kl. 16:02.