Wikileaks grundare Julian Assange eftersökt för våldtäkt i Sverige

Wikileaks AFFAIR: Doubts are against the accused

The lawyer Per E. Samuelson considers Julian Assange victim of a strange understanding of feminism in Sweden.


The Swedish lawyer Per E. Samuelson is one of the few lawyers who criticize the "gender equality practice" in the country. André Anwar spoke to him about the case of Wikileaks-founder Julian Assange.


MAZ: Assange will be sent to Sweden?

Per E. Samuelson: Yes, there is no doubt. That is why the British police has arrested him.

Is it really a rape in the very emancipated Sweden if a man splits by accident or on purpose a condom during an otherwise mutually wanted sexual intercourse?

Samuelson: people from other countries with different legal cultures do not understand how extensive the Swedish legal system is regarding sexual legislation. Julian Assange does certainly perceive the allegations made against him in Sweden as pure nonsense, as a joke. But he has to understand that such things put men in Sweden into prison.

Assange has to expect to be convicted?

Samuelson: Yes. The risks are significant. If he is convicted, he should expect two years in prison.

Do you still think he should go to Sweden? Some people fear that he escapes to a country that does not have an extradition treaty.

Samuelson: I mean, he has to face the charges in Sweden. As soon as possible. The suspicions against him will be more difficult, the longer he refuses to face the interrogation. He is not convicted, he is so far only suspected. Since the journalists from all over the world watch this case, Assange has more of a chance to get a fair trial than Swedish men who had to go before him to prison, even if there were serious doubts about their guilt.

Back in 2007 you warned of "mob justice in cases of sexual crimes in Sweden" - even with great doubt against the accused. Has this changed?

Samuelson: There was a discussion, but no change. Political pressure with equality of women in society as a starting point has ultimately led to the unacceptably large uncertainty for defendants in Sweden. That is what Assange is experiencing. The feminist movement in Sweden is particularly strong. It has long been criticized by women's rights activists that the judges would trust the thinking of the men. As a woman it was impossible to be right, they said. Now the opposite is true in Sweden.

Has it become easier for women to let men be punished for sexual misconduct?

Samuelson: Yes, today the political attitude calls for a condemnation. The point: in cases of rape the men have to be convicted, otherwise it is unfair against women. This is unworthy of a constitutional state. In Sweden, the consensus is: You say the truth because you're a woman. For me this is the limit. I am for the equality of women in society. Of course. But it must not go so far that innocent people are convicted. In Sweden, the so-called victim's perspective is so advanced that there are even people who seriously believe that it is unacceptable that women in general are exposed to the trouble of an interrogation in court. People said that we trial lawyers would offend these women if we interrogate them on behalf of our clients. I think such a culture is unprecedented in Western Europe.

What do you think of the actions of the prosecutor Marianne Ny? She is known in Sweden as a feminist who demanded in 1999 that men would be in pre-trial detention before any investigation, so that women in peace could find out what has been done to them.

Samuelson: I can not say anything about Mrs. Nys background, but can see in her acts, that also considering the Swedish legal practice, she acted unusually harshly against Julian Assange. It's all mainly about his interrogation. I do not understand that Marianne Ny has not simply flown to London to interrogate him there. He has even offered it. Instead, an international arrest warrant is issued against him, so that the whole world freaks out. The harsh treatment against Assange was totally unnecessary. Upon receipt of the indictment Assange remained even several weeks in Sweden, to face interrogation. When nothing happened, he left with the approval of the prosecutor Ny, as she already agreed.

How did it all go so wrong?

Samuelson: It is indeed difficult to understand. The prosecutor has now even painted into a corner where the whole thing has become a legal world war against Julian Assange. This hardly helps the issue.

Who do you think will emerge as the winner?

Samuelson: Really? Currently I believe that the dispute will benefit Julian Assange more than the prosecution side. A week ago I thought it was the other way around, I must admit. But because he was now free on bail in England and because in Britain many media are on his side, he captured the world public (except in Sweden). This is favorable for Assange. When the process starts and the world will see the now secret investigation material, detailing exactly why Assange is indicted, people will find this ridiculous and just shake their heads.

Have you read the investigation material?

Samuelson: No, I did not, but it will probably be about where the condom was. The prosecution claims he had split it on purpose. Even if this would be correct, is not proportional to the severity of the prosecutor and the judge, hence my sharp criticism. It must not be that way in a legal state.

What would you advise Julian Assange as a lawyer?

Samuelson: I would go to London, put him immediately into a bag and bring him to Sweden (sic!). He has to face the law. Otherwise the view that he is guilty will win. I'm also sorry that he is treated so badly as a defendant in the Swedish legal system. I do not think that an international arrest warrant is issued in Germany because a condom has burst. Assange has revealed to the world how unjust it can go in Sweden. How much suffering is waiting for release behind the Swedish prison walls.