Citat:
Ursprungligen postat av Aleksanterinkatu
Jag hittade följande: Trenk, R v District Court In Plzen-Mesto, Czech Republic (24 April 2009)
Reinfeldt, Ask och övriga #pratmakare (Feminaz) kan ställa in sig på en kalldusch: Julian Assange blir troligen inte utlämnad till Sverige.
Åtal mot Julian Assange är inte väckt, han skall först höras. Citat: Assange’s lawyer, Geoffrey Robertson QC, questioned the validity of Sweden’s Director of Prosecutions Marianne Ny issuing a European Arrest Warrant, purely on the basis of her previously stated intention of only seeking to question Assange. “Is this a warrant for prosecution? The answer is no. It is issued as part of the preliminary investigation,” said Robertson.
Det finns en prejudicerande dom i Storbritannien i ett motsvarande fall. Utlämning enligt EAW medgavs inte, trots att den anklagade i det fallet dessutom tycks ha sökt hålla sig undan.
Domen slår fast att utlämning enl. EAW inte är möjlig då avsikten är att förhöra en person så att åklarmyndigheten kan fatta beslut om ett åtal skall väckas eller ej.
På denna länk kan man läsa hela domen:
http://www.bailii.org/ew/cases/EWHC/...2009/1132.html
England and Wales High Court (Administrative Court) Decisions 24th April 2009
B e f o r e : MR JUSTICE DAVIS
Between: THE QUEEN ON THE APPLICATION OF TRENK v DISTRICT COURT IN PLZEN-MESTO, CZECH REPUBLIC
MR JUSTICE DAVIS: The appellant, Mr Trenk, seeks to challenge a decision of District Judge Evans made on 18th December 2008 in the Magistrates' Court ordering him to be extradited to the Czech Republic pursuant to a European Arrest Warrant which is dated 1st August 2007.
1. The above named Vladimir Trenk was accused of committing a crime of credit fraud . . .
2. At the present time
the investigation against the accused has not been completed yet because the above named person must be interrogated concerning the case as the accused.
3. Up to the present time it has not been possible to charge Vladimir Trenk in this case.
A result of the investigation will show whether he will be charged or not.
4. Surrender of Vladimir Trenk based on the
European Arrest Warrant is intended for the purpose of the prosecution.
5.
The investigation against the named person still continues and will be ended only after the interrogation of the named person.
6. It is a
warrant for arrest in order to complete the preparatory procedure and to proceed with the prosecution in connection with the given criminal activity.
7. The warrant of arrest against Vladimir Trenk was issued on July 13th 2006 by the District Court in Plzen-Mesto.
8. The warrant of arrest was issued for the reason that there was a suspicion that the accused had stayed abroad in order to avoid prosecution . . .
9. On April 25th 2006 Vladimir Trenk was brought at the border crossing in Rozvadov where he was handed the order about instituting the prosecution regarding this case .
MR JUSTICE DAVIS: ...
as I read the materials, at least one can deduce that it is nothing like the bringing of charges. Indeed it obviously is not, because (as I have already indicated) charges can in the Czech Republic only follow, first, after the necessary preliminary procedures, second, after the necessary preparatory procedures and third, at the conclusion of the preparatory procedures, when a prosecuting attorney has reviewed the evidence and decided that charges should be brought. None of that has happened here. Miss Nice points out that has not happened here just because Mr Trenk has chosen to absent himself from the Czech Republic. So be it. That
does not justify the court in departing from the requirements of the 2003 Act.
It seems to me, reading such materials as have been placed before the court, that
what is sought to be done here is to question Mr Trenk further to enable the prosecuting authority to decide whether or not a sufficient case has been established to justify placing the matter before a judge and bringing charges. It may well be that the police have formed their own preliminary view on that in the Czech Republic but that, under Czech law, is not the test. It is the prosecuting attorney who has to decide whether a case can be commenced. That has not happened just because questioning of Mr Trenk has not taken place. Indeed, it is clear enough to me that t
he reason why Mr Trenk is required to be extradited to the Czech Republic is to enable him to be questioned further to see whether or not charges can or should be brought.
Accordingly, and expressing myself relatively shortly, it does seem to me, with all respect, that the District Judge did reach a conclusion which he should not have reached and he ought to have decided this matter differently.
Therefore I will allow this appeal.
.